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S. 1518 (94th): Motor Vehicle Information and Cost Savings Act Amendments


The text of the bill below is as of Jul 14, 1976 (Passed Congress).


PUBLIC LAW 94-364—JULY 14, 1976                                    90 STAT. 981

Public Law 94-364
94th Congress
                                  An Act
To amend the Motor Vehicle Information and Cost Savings Act to authorize            July 14, 1976
  appropriations, to require the establisliment of a special motor vehicle diag-      [S. 1518]
  nostic inspection demonstration project, to provide additional authority for
  enforcing prohibitions against motor vehicle odometer tampering, and for other
  purposes.

 Be it enacted hy the Senate and House of Reyresentaiives of the
United States of America in Congress assembled,                  Motor Vehicle
                                                                                   Information and
                                 SHORT TITLE                                       Cost Savings Act
                                                                                   Amendments of
   SECTIOX 1. This Act may be cited as the "Motor Vehicle Informa-                 1976.
                                                                                   15 u s e 1901
tion and Cost Savings Act Amendments of 1976".                                     note.

              T I T L E I—AMENDMENT TO T I T L E I
  SEC. 101. Section 111 of the Motor Vehicle Information and Cost
Savings Act (15 U.S.C. 1921) is amended to read as follows:
                   "AUTHORIZATION OF APPROPRIATIONS

  "SEC. 111. There are authorized to be appropriated to carry out
this title $125,000 for the fiscal year ending June 30, 1976; $75,000
for the period beginning July 1,1976, and ending September 30,1976;
$130,000 for the fiscal year ending September 30, 1977; and $395,000
for the fiscal year ending September 30,1978.".

            T I T L E II—AMENDMENTS TO TITLE I I
  SEC. 201. Section 201 (d) of the Motor Vehicle Information and Cost Compilation of
Savings Act (15 U.S.C. 1941(d)) is amended by inserting at the end information,
thereof the following: "The Secretary may by rule require automobile distribution rule.
dealers to distribute to prospective purchasers any information com-
piled pursuant to this subsection.".
   SEC. 202. Section 209 of the Motor Vehicle Information and Cost
Savings Act (15 U.S.C. 1949) is amended to read as follows:
                   "AUTHORIZATION OF APPROPRIATIONS

   "SEC. 209. There are authorized to be appropriated to carrv out this
title $1,875,000 for the fiscal year ending June 30, 1976; $500,000 for
the period beginning July 1, 1976, and ending September 30, 1976;
$3,385,000 for the fiscal year ending September 30,1977; and $3,375,000
for the fiscal year ending September 30, 1978.".

           T I T L E III—AMENDMENTS TO T I T L E III
  SEC. 301. Section 303 of the Motor Vehicle Information and Cost
Savings Act (15 U.S.C. 1963) is amended—
       (1) by striking out "June 30,1976" in subsection (b) and insert-
    ing in lieu thereof "September 30,1977"; and
       (2) by adding at the end thereof the following new subsection:

90 STAT. 982 PUBLIC LAW 94-364—JULY 14, 1976 Motor vehicle "(c) The Seci-etary shall approve such applications and take such diagnostic other action as may be necessary to provide that at least three motor inspection vehicle diagnostic inspection demonstration projects receive financial demonstration assistance under grants under this part through September 30, 1977.". projects, assistance. SEC. 302. Section 311 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1963a) is amended to read as follows: FXJEh EFFICIENCY "SEC. 311. (a) The Secretary shall establish a special motor vehicle diagnostic inspection demonstration project to assist in the research, rapid development, and evaluation of advanced inspection, analysis, and diagnostic equipment suitable for use by any State in any high volume inspection facility designed to assess the safety, noise, emis- sions, and fuel efficiency of motor vehicles. Motor vehicles shall be inspected at such project for purposes of (1) evaluating the conditions of parts, components, and repairs which may be necessary to comply with State and Federal safety, noise, and emissions standards, and (2) assisting the motor vehicle owjier in achieving optimum fuel and maintenance economy. Evaluation. "(b) The Secretary shall evaluate, to the extent feasible, the existing Report to diagnostic analysis and test equipment available for use in small auto- Congress. motive repair establishments and report to the Congress, within two years after the enactment of the Motor Vehicle Information and Cost Savings Act Amendments of 1976, as to the scope of research and development required to make such equipment compatible with State motor vehicle inspection and diagnostic equipment. The report shall assess the extent to which private industry can supply small automotive repair shops with low-cost test equipment which can be used to monitor compliance with Federal safety, noise, and emissions standards promul- gated by the Secretary, the Administrator of the Environmental Pro- tection Agency, and by State or local regulatory agencies. "(c) In carrying out this section, the Secretary shall provide— EPA "(1) the Administrator of the Environmental Protection Administrator, Agency with an opportunity to assist, to the extent such assistance assistance. relates to noise and emissions, in the establishment of the special motor vehicle diagnostic inspection demonstration project under subsection (a) and the evaluation of existing diagnostic and test equipment under subsection ( b ) ; and FEA " (2) the Administrator of the Federal Energy Administration Administrator, with an opportunity to assist, to the extent such assistance relates assistance. to fuel efficiency, in the establishment of such project and the eval- uation of such equipment.". SEC. 303. Section 321 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1964) is amended to read as follows: a AUTHORIZATION OF APPROPRIATIONS "SEC. 321. There are authorized to be appropriated to carry out this title $5,000,000 for the fiscal year ending June 30, 1976; $500,000 for the period beginning July 1, 1976, and ending September 30, 1976;
PUBLIC LAW 94-364—JULY 14, 1976 90 STAT. 983 $7,500,000 for the fiscal year ending September 30, 1977; and $4,400,000 for the fiscal year ending September 30, 1978. Sums appro- priated under this section shall remain available until expended.". T I T L E IV—AMENDMENTS TO T I T L E IV SEC. 401. Section 402 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1982) is amended by— (1) redesignating paragraphs (1), (2), and (3) as paragraphs (3), (4),and (5),respectively; and (2) inserting before paragraph (3), as redesignated, the fol- lowing new paragraphs: " (1) The term 'dealer' means any person w^ho has sold 5 or more "Dealer." motor vehicles in the past 12 months to purchasers who in good faith purchase such vehicles for purposes other than resale. "(2) The term 'distributor' means any person who has sold 5 "Distributor." or more vehicles in the past 12 months for resale.". SEC. 402. The first sentence of section 403 of the Motor Vehicle Odometers. Information and Cost Savings Act (15 U.S.C. 1983) is amended to read as follows: "No person shall advertise for sale, sell, use, or install or cause to be installed, any device which causes an odometer to register any mileage other than the true mileage driven.". SEC. 403. Section 404 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1984) is amended to read as follows: " U N L A W F U L CHANGE or MILEAGE "SEC. 404. No person shall disconnect, reset, or alter or cause to be disconnected, reset, or altered, the odometer of any motor vehicle with intent to change the number of miles indicated thereon.". SEC. 404. Section 405 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1985) is amended to read as follows: OPERATION W I T H I N T E N T TO DEFRAUD "SEC. 405. No person shall, with intent to defraud, operate a motor vehicle on any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional.". SEC. 405. Section 407 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1987) is amended by (1) inserting " ( a ) " immediately after "SEC. 407."; (2) striking out the last sentence thereof; and (3) adding at the end thereof the following new subsection: "(b) (1) No person shall fail to adjust an odometer or affix a notice regarding such adjustment as required pursuant to subsection (a) of this section. "(2) No person shall, with intent to defraud, remove or alter any notice affixed to a motor vehicle pursuant to subsection (a) of this section.". SEC. 406. Section 408(b) of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1988(b)) is amended tc read as follows:
90 STAT. 984 PUBLIC LAW 94-364—JULY 14, 1976 "(b) No transferor shall violate any rule prescribed under this section or give a false statement to a transferee in making any disclo- sure required by such rule. "(c) No transferee who, for purposes of resale, acquires ownership of a motor vehicle shall accept any written disclosure required by any rule prescribed under this section if such disclosure is incomplete.". SEC. 407. Section 410 of the Motor Vehicle Information and Cost Savings Act (15 U.S.C. 1990) is amended to read as follows: "INJUNCTIVE ENFORCEMENT Jurisdiction. "SEC. 410. (a) The United States district courts shall have jurisdic- tion, for cause shown and subject to the provisions of rule 65 (a) and 28 use app. (b) of the Federal Rules of Civil Procedure, to restrain violations of this title, or rules, regulations, or orders issued thereunder. Such actions may be brought by the Attorney General in any United States district court for a district wherein any act, omission, or transaction constituting the violation occurred, or in such court for the district wherein the defendant is found, is an inhabitant, or transacts business. In any action brought under this section, process may be served on a defendant in any other district in which the defendant resides or may be found. Subpenas. "(b) In any action brought under this title, subpenas for witnesses who are required to attend a United States district court may run into any other district.". SEC. 408. Title IV of the Motor Vehicle Information and Cost Sav- ings Act (15 U.S.C. 1981 et seq.) is amended by— 15 use 1991, (1) redesignating sections 411, 412, and 413 as sections 418,419, 1981 notes. and 420, respectively; and 15 use 1990. (2) inserting immediately after section 410 the following new sections: "STATE ENFORCEMENT 15 use 1990a. "SEC. 411. (a) If any person violates any requirement imposed under this title, the chief law enforcement officer of the State in which such violation occurred may bring any action to— " (1) restrain such violation; or " (2) recover amounts for which such person is liable under sec- 15 use 1989. tion 409 to each person on whose behalf such action is brought. "(b) Any action under subsection (a) of this section may be brought within two years from the date on which the liability arises— "(1) without regard to the amount in controversy, in any appropriate district court of the United States, or "(2) in any court of competent jurisdiction of any State. ((CIVIL PENALTY 15 use 1990b. "SEC. 412. (a) Any person who commits any act or causes to be done any act that violates any provision of this title or omits to do any act or causes to be omitted any act that is required by any such provision shall be subject to a civil penalty not to exceed $1,000 for each such violation. A violation of any such provision shall, for pur- poses of this section, constitute a separate violation with respect to each motor vehicle or device involved, except that the maximum civil penalty shall not exceed $100,000 for any related series of violations.
PUBLIC LAW 94-364—JULY 14, 1976 90 STAT. 985 "(b) Any civil penalty under this section shall be assessed by the Secretary and collected in a civil action brought by the Attorney General on behalf of the United States. Before referral of civil penalty claims to the Attorney General, civil penalties may be compromised by the Secretary after affording the person charged with a violation of any section of this title an opportunity to present views and evidence in support thereof to establish that the alleged violation did not occur. In determining the amount of such penalty, the Secretary shall take into account the nature, circumstances, extent, and gravity of the violation committed and, with respect to the person found to have committed such violation, the degree of culpability, any history of prior offenses, ability to pay, effect on ability to continue to do business, and such other matters as justice may require. "CRIMINAL PENALTIES "SEC. 413. (a) Any person who knowingly and willfully commits 15 USC 1990c. any act or causes to be done any act that violates any provision of this title or knowingly and willfully omits to do any act or causes to be omitted any act that is required by any such provision shall be fined not more than $50,000 or imprisoned not more than one year, or both. "(b) Any individual director, officer, or agent of a corporation who knowingly and willfully authorizes, orders, or performs any of the acts or practices constituting in whole or in part a violation of any section of this title shall be subject to penalties under this section without regard to any penalties to which that corporation may be subject under subsection (a). ((INSPECTIONS AND INVESTIGATIONS "SEC. 414. (a) (1) The Secretary is authorized to conduct any 15 USC 1990a. inspection or investigation necessary to enforce this title or any rules, regulations, or orders issued thereunder. Information obtained indi- cating noncompliance with this title or any rules, regulations, or orders issued thereunder, may be referred to the Attorney General for investigative consideration. In making investigations under this Cooperation, paragraph, the Secretary shall cooperate with appropriate State and local officials to the greatest extent possible consistent with the pur- poses of this subsection. "(2) For purposes of carrying out paragraph (1) of this subsec- tion, officers or employees duly designated by the Secretary, upon stating their purpose and presenting appropriate credentials and written notice (which notice may consist of an administrative inspec- tion warrant) to the owner, operator, or agent in charge, are author- ized at reasonable times and in a reasonable manner— "(A) to enter (i) any factory, warehouse, establishment, or other commercial premises in or on which motor vehicles or items of motor vehicle equipment are manufactured, held for shipment or sale, maintained, or repaired, or (ii) any noncommercial prem- ises in or on which the Secretary reasonably believes that there is a motor vehicle or item of motor vehicle equipment that has been the obj ect of a violation of this title;
90 STAT. 986 PUBLIC LAW 94-364—JULY 14, 1976 Impoundment. " ( B ) to impound, for a period not to exceed 72 hours, for purposes of inspection, any motor vehicle or item of motor vehicle equipment that the Secretary reasonably believes to have been the object of a violation of this t i t l e ; and " ( C ) to inspect any factory, warehouse, establishment, prem- ises, vehicle, or equipment referred to in s u b p a r a g r a p h ( A ) or ( B ) of this p a r a g r a p h . E a c h inspection or impoundment under this p a r a g r a p h shall be com- menced and completed with reasonable promptness. Compensation. " ( 3 ) Whenever, under the authority of p a r a g r a p h (2) ( B ) of this subsection, the Secretary impounds for the purpose of inspection any motor vehicle (other than a vehicle subject to p a r t I I of the Interstate 49 use 301. Commerce Act) or any item of motor vehicle equipment, he shall pay reasonable compensation to the owner of such vehicle or equipment to the extent t h a t such inspection or impounding results in the denial of the use of the vehicle or equipment to its owner or in the reduction in value of the vehicle or equipment. " ( b ) F o r the purpose of enabling the Secretary to determine whether any dealer or distributor has acted or is acting in compliance with this title or any rules, regulations, or orders issued thereunder, each dealer and distributor shall— Record " ( 1 ) maintain such records as the Secretary m a y reasonably maintenance. require to make such determination; " ( 2 ) permit an oificer or employee duly designated by the Sec- retary, upon request of such officer or employee, to inspect appro- priate books, papers, records, and documents relevant to making such determination; and " ( 3 ) provide such officer or employee information from records required to be maintained under this subsection as the Secretary finds necessary for such determination if the Secretary ( A ) pro- vides the reason or purpose for requiring such information, and ( B ) identifies to the fullest extent practicable such information. Nothing in this subsection authorizes the Secretary to require a dealer or distributor to provide information on a regular periodic basis. Hearings. " (c) (1) F o r the purpose of carrying out the provisions of this title, the Secretary or, with the authorization of the Secretary, any officer or employee of the Department of Transportation may hold such hear- ings, take such testimony, sit and act at such times and places, admin- ister such oaths, and require, by subpena or otherwise, the attendance and testimony of such witnesses and the production of such books, papers, correspondence, memorandums, contracts, agreements, or other records as the Secretary, or such officer or employee, deems advisable. Documentary " (2) I n order to carry out the provisions of this title, the Secretary evidence, access. or his duly authorized agent shall at all reasonable times have access to, and for the purposes of examination the right to copy, any docu- mentary evidence of any person having materials or information rele- vant to any function of the Secretary under this title. Reports and " ( 3 ) Except to the extent inconsistent with the last sentence of answers, filing. subsection (b) of this section, the Secretary is authorized to require, by general or special orders, any person to file, in such form as t h e Secretary may prescribe, reports or answers in writing to specific questions relating to any function of the Secretary u n d e r this title. Such reports and answers shall be under oath or otherwise, and shall be filed with the Secretary within such reasonable period as the Sec- retary may prescribe.
PUBLIC LAW 94-364—JULY 14, 1976 90 STAT. 987 "(4) Any of the district courts of the United States within the jurisdiction of which an inquiry is carried on may, in the case of con- tumacy or refusal to obey a subpena or order of the Secretary or such officer or employee issued under paragraph (1) or (3) of this subsec- tion, issue an order requiring compliance therewith, and any failure to obey such order of the court may be punished by such court as a con- tempt thereof. "(5) Witnesses summoned pursuant to this subsection shall be paid Witness fees. the same fees and mileage which are paid witnesses in the courts of the United States. "(d) All information reported to or otherwise obtained by the Secre- Information tary or his representative under this title, which information contains confidentiality. or relates to a trade secret or other matter referred to in section 1905 of title 18 of the United States Code, shall be considered confidential for the purpose of that section, except that such information may be disclosed to other officers or employees concerned with carrying out this title or when relevant in any proceeding under this title. Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under his control from the duly authorized committees of the Congress. u ADMINISTRATIVE WARRANTS "SEC. 415. (a) A warrant under this section shall be required for any 15 USC 1990e, entry or adminstrative inspection (including impoundment of motor vehicles or motor vehicle equipment) authorized by section 414 of this Act, except if such entry or inspection is— ^nte, p. 985. " (1) Avith the consent of the owner, operator, or agent in charge of the factory, warehouse, establishment, or premises; "(2) in situations involving inspection of motor vehicles where there is reasonable cause to believe that the mobility of the motor vehicle makes it impracticable to obtain a warrant; " (3) in any other exceptional or emergency circumstance where time or opportunity to apply for a warrant is lacking; "(4) for access to and examination of books, records, and any other documentary evidence pursuant to section 414(c) (2); or "(5) in any other situations where a warrant is not constitu- tionally required. "(b) Issuance and execution of administrative inspection warrants Issuance and shall be as follows: execution. "(1) Any judge of the United States or of a State court of record, or any United States magistrate, may, within his terri- torial jurisdiction, and upon proper oath or affirmation showing probable cause, issue warrants for the purpose of conducting administrative inspections authorized by section 414 and of impoundment of motor vehicles or motor vehicle equipment appropriate to such inspections. For the purposes of this section, "Probable the term 'probable cause' means a valid public interest in the cause." effective enforcement of this title or regulations issued thereunder sufficient to justify administrative inspections of the area, factory, warehouse, establishment, premises, or motor vehicle, or contents thereof, in the circumstances specified in the application for the warrant.
90 STAT. 988 PUBLIC LAW 94-364—JULY 14, 1976 "(2) A warrant shall be issued only upon an affidavit of an officer or employee having knowledge of the facts alleged, sworn to before the judge or magistrate and establishing the grounds for issuing the warrant. If the judge or magistrate is satisfied that grounds for the application exist or that there is a reasonable basis for believing they exist, he shall issue a warrant identifying the area, factory, warehouse, establishment, premises, or motor vehicle to be inspected, the purpose of such inspection, and, where appropriate, the type of property to be inspected, if any. The warrant shall— "(A) identify the items or type of property to be impounded, if any; Ante, p. 985. "(B) be directed to a person authorized under section 414 to execute it; "(C) state the grounds for its issuance and the name of the person or persons whose affidavit has been taken in sup- port thereof; "(D) command the person to whom it is directed to inspect the area, factory, warehouse, establishment, premises, or motor vehicle identified for the purpose specified, and, where appropriate, shall direct the impoundment of the property specified; " ( E ) direct that it be served during the hours specified in it; and " ( F ) designate the judge or magistrate to whom it shall be returned. " (3) A warrant issued pursuant to this section must be executed and returned within 10 days of its date unless, upon a showing by the Secretary of a need therefor, the judge or magistrate Impounded allows additional time in the warrant. If property is impounded property. pursuant to a warrant, the person executing the warrant shall give the person from whom or from whose premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which Inventory. the property was taken. The return of the warrant shall be made promptly and shall be accompanied by a written inventory of any property taken. The inventory shall be made in the presence of the person executing the warrant and of the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the person making such inventory, and shall be verified by the person executing the warrant. The judge or magistrate, upon request, shall deliver a copy of the inventory to the person from whom or from whose premises the property was taken and to the applicant for the warrant. Filing. "(4) The judge or magistrate who has issued a warrant under this section shall attach to the warrant a copy of the return and all papers filed in connection therewith and shall file them with the clerk of the district court of the United States for the judicial district in which the inspection was made. 'PROHIBITED ACTS 15 use 1990f. "SEC. 416. No person shall fail to comply with the requirements of Ante, p. 985. section 414 to maintain records, make reports, provide information, permit access to or copying of records, permit entry or inspection, or permit impounding.
PUBLIC LAW 94-364—JULY 14, 1976 90 STAT. 989 ((AUTHORIZATION OF APPROPRIATIONS "SEC. 417. There are authorized to be appropriated to carry out this 15 USC 1990g. title $450,000 for the fiscal year ending June 30, 1976; $100,000 for the period beginning July 1, 1976, and ending September 30, 1976; $650,000 for the fiscal year ending September 30, 1977; and $562,000 for the fiscal year ending September 30,1978.". Approved July 14, 1976. LEGISLATIVE HISTORY: HOUSE REPORT No. 94-764 accompanying H.R. 10807 (Comm. on Inter- state and Foreign Commerce). SENATE REPORT No. 94-155 (Comm. on Commerce). CONGRESSIONAL RECORD: VoL 121(1975): June 5, considered and passed Senate. Vol. 122 (1976): Jan. 22, considered and passed House, amended, in lieu of H.R. 10807. June 29, Senate agreed to House amendments with amend- ments. July 1, House concurred in Senate amendments.