Text: H.R.2900 — 104th Congress (1995-1996)All Information (Except Text)

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Introduced in House (01/25/1996)

 
[Congressional Bills 104th Congress]
[From the U.S. Government Printing Office]
[H.R. 2900 Introduced in House (IH)]

  2d Session
                                H. R. 2900

To establish nationally uniform requirements regarding the titling and 
     registration of salvage, nonrepairable, and rebuilt vehicles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 25, 1996

   Mr. White (for himself, Mr. Schaefer, Mr. Brown of Ohio, and Mr. 
 Richardson) introduced the following bill; which was referred to the 
    Committee on Commerce, and in addition to the Committees on the 
     Judiciary and Ways and Means, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To establish nationally uniform requirements regarding the titling and 
     registration of salvage, nonrepairable, and rebuilt vehicles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``National Motor Vehicle Safety, Anti-
Theft, Title Reform, and Consumer Protection Act of 1995''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) Many States do not have specific requirements regarding 
        the disclosure of a motor vehicle's salvage history and some 
        States never require that the motor vehicle's title be stamped 
        or branded to indicate that it is, or has been, a salvage 
        vehicle.
            (2) Existing State disclosure requirements regarding a 
        motor vehicle's salvage history are inconsistent in scope and 
        language, require the use of various and different forms and 
        administrative procedures, will undercut the effectiveness of 
        the National Automobile Title Information System created by the 
        Anti Car Theft Act of 1992, are burdensome on interstate 
        commerce, and make it easy for unscrupulous sellers of rebuilt 
        vehicles to mislead potential wholesale and retail buyers about 
        the condition and value of such vehicles.
            (3) The fact that a motor vehicle is salvage, 
        nonrepairable, flood damaged, or rebuilt after incurring 
        substantial damage is material in any subsequent purchase or 
        sale of that motor vehicle.
            (4) Some salvage and nonrepairable vehicles become involved 
        in illegal commerce in stolen vehicles and parts. The lack of 
        theft inspection in some jurisdictions for rebuilt motor 
        vehicles before allowing the vehicles back on the road provides 
        an opportunity for an unscrupulous person to use stolen parts 
        in the rebuilding of motor vehicles.
            (5) According to the National Highway Traffic Safety 
        Administration, rebuilt motor vehicles may not have passed any 
        safety inspection and may pose a public safety risk and 
        consumers who unknowingly buy these motor vehicles face an 
        increased risk of death or serious injury. Statistics prepared 
        by the American Association of Motor Vehicle Administrators 
        indicate that 71 percent of the States require some form of 
        safety inspection before a rebuilt salvage vehicle may be 
        registered for use on the road. The promulgation of a safety 
        inspection program by the Secretary of Transportation may 
        assist the States in expanding and standardizing their 
        inspection programs for rebuilt vehicles.
            (6) Duplicate or replacement titles play an important role 
        in many vehicle thefts and various types of vehicle fraud. 
        Accordingly, State controls on the issuance of such titles must 
        be strengthened and made uniform across the country.
            (7) Large numbers of motor vehicles are exported from 
        United States ports to foreign countries without proper 
        documentation of ownership in violation of law.
            (8) In view of such threats to public safety and consumer 
        interests, the Motor Vehicle Titling, Registration and Salvage 
        Advisory Committee, which was convened under the auspices of 
        the Secretary of Transportation pursuant to section 140(a) of 
        the Anti Car Theft Act of 1992 (15 U.S.C. 2041 note), 
        recommended that Federal legislation be enacted to require 
        certain definitions to be used nationwide to describe seriously 
        damaged vehicles, that all States be required to use these 
        definitions in determining appropriate title designations, and 
        that all States be required to use certain motor vehicle 
        titling and control methods and to take certain other measures 
        to protect the integrity of the titling process.

SEC. 3. MOTOR VEHICLE TITLING AND DISCLOSURE REQUIREMENTS.

    Subtitle VI of title 49, United States Code, is amended by 
inserting a new chapter at the end:

  ``CHAPTER 333--AUTOMOBILE SAFETY, ANTI-THEFT, AND TITLE DISCLOSURE 
                              REQUIREMENTS

``Sec. 33301. Definitions
    ``For the purposes of this chapter:
            ``(1) Passenger motor vehicle.--The term `passenger motor 
        vehicle' means any vehicle driven or drawn by mechanical power 
        manufactured primarily for use on the public streets, roads, 
        and highways, including a multipurpose passenger vehicle or 
        light duty truck when that vehicle or truck is rated at not 
        more than 6,000 pounds gross vehicle weight, except that such 
        term does not include a motorcycle.
            ``(2) Salvage vehicle.--The term `salvage vehicle' means 
        any passenger motor vehicle which has been wrecked, destroyed, 
        or damaged to the extent that the total estimated or actual 
        cost of parts and labor to rebuild or reconstruct the passenger 
        motor vehicle to its pre-accident condition and for legal 
        operation on the roads or highways exceeds 75 percent of the 
        retail value of the passenger motor vehicle, as set forth in a 
        current edition of any nationally recognized compilation (to 
        include automated databases) of retail values, as approved by 
        the Secretary. Such term shall not include any passenger motor 
        vehicle having a model year designation of a calendar year 
        which is at least 5 years prior to the calendar year in which 
        the vehicle was wrecked, destroyed, or damaged. The value of 
        repair parts for purposes of this paragraph shall be determined 
        by using the published retail cost of the original equipment 
        manufacturer parts or the actual retail cost of the repair 
        parts to be used in the repair. The labor cost of repairs for 
        purposes of this paragraph shall be computed by using the 
        hourly labor rate and time allocations that are reasonable and 
        customary in the automobile repair industry in the community 
        where the repairs are performed. Such term includes, without 
        regard to whether such passenger motor vehicle meets the 75 
        percent threshold specified in the first sentence--
                    ``(A) any passenger motor vehicle to which an 
                insurance company acquires ownership pursuant to a 
                damage settlement (not to include a settlement in 
                connection with a recovered theft vehicle unless such 
                passenger motor vehicle sustained sufficient damage to 
                meet the 75 percent threshold specified in the first 
                sentence); or
                    ``(B) any passenger motor vehicle whose owner may 
                wish to designate as a salvage vehicle by obtaining a 
                salvage title, without regard to the extent of the 
                passenger motor vehicle's damage and repairs. Such 
                designation by the owner shall not impose on the 
                insurer of the passenger motor vehicle or on an insurer 
                processing a claim made by or on behalf of the owner of 
                the passenger motor vehicle any obligation or 
                liability.
            ``(3) Salvage title.--The term `salvage title' means a 
        passenger motor vehicle ownership document issued by the State 
        to the owner of a salvage vehicle. Ownership of the passenger 
        motor vehicle may be transferred on a salvage title, however, a 
        passenger motor vehicle for which a salvage title has been 
        issued shall not be registered for use on the roads or highways 
        unless it has been issued a rebuilt salvage title. A salvage 
        title shall be conspicuously labeled with the word `salvage' 
        across the front.
            ``(4) Rebuilt salvage vehicle.--The term `rebuilt salvage 
        vehicle' means--
                    ``(A) any passenger motor vehicle which was 
                previously issued a salvage title, has passed State 
                anti-theft inspection, has been issued a certificate 
                indicating that the passenger motor vehicle has passed 
                the required anti-theft inspection, has passed the 
                State safety inspection in those States requiring a 
                safety inspection pursuant to section 33302(b)(7), has 
                been issued a certificate indicating that the passenger 
                motor vehicle has passed the required safety inspection 
                in those States requiring such a safety inspection 
                pursuant to section 33302(b)(7), and has a decal 
                stating ``Rebuilt Salvage Vehicle-- Anti-theft and 
Safety Inspections Passed'' affixed to the driver's door jamb; or
                    ``(B) any passenger motor vehicle which was 
                previously issued a salvage title, has passed a State 
                anti-theft inspection, has been issued a certificate 
                indicating that the passenger motor vehicle has passed 
                the required anti-theft inspection, and has, affixed to 
                the driver's door jamb, a decal stating ``Rebuilt 
                Salvage Vehicle--Anti-theft Inspection Passed/No Safety 
                Inspection Pursuant to National Criteria'' in those 
                States not requiring a safety inspection pursuant to 
                section 33302(b)(7).
            ``(5) Rebuilt salvage title.--The term `rebuilt salvage 
        title' means the passenger motor vehicle ownership document 
        issued by the State to the owner of a rebuilt salvage vehicle. 
        Ownership of the passenger motor vehicle may be transferred on 
        a rebuilt salvage title, and a passenger motor vehicle for 
        which a rebuilt salvage title has been issued may be registered 
        for use on the roads and highways. A rebuilt salvage title 
        shall be conspicuously labeled either with the words ``Rebuilt 
        Salvage Vehicle--Anti-theft and Safety Inspections Passed'' or 
        ``Rebuilt Salvage Vehicle--Anti-theft Inspection Passed/No 
        Safety Inspection Pursuant to National Criteria,'' as 
        appropriate, across the front.
            ``(6) Nonrepairable vehicle.--The term `nonrepairable 
        vehicle' means any passenger motor vehicle which is incapable 
        of safe operation for use on roads or highways and which has no 
        resale value except as a source of parts or scrap only or which 
        the owner irreversibly designates as a source of parts or 
        scrap. Such passenger motor vehicle shall be issued a 
        nonrepairable vehicle certificate and shall never again be 
        titled or registered.
            ``(7) Nonrepairable vehicle certificate.--The term 
        `nonrepairable vehicle certificate' means a passenger motor 
        vehicle ownership document issued by the State to the owner of 
        a nonrepairable vehicle. Ownership of the passenger motor 
        vehicle may only be transferred 2 times on a nonrepairable 
        vehicle certificate. A passenger motor vehicle for which a 
        nonrepairable vehicle certificate has been issued can never be 
        titled or registered for use on roads or highways. A 
        nonrepairable vehicle certificate shall be conspicuously 
        labeled with the word `Nonrepairable' across the front.
            ``(8) Flood vehicle.--The term `flood vehicle' means any 
        passenger motor vehicle that has been submerged in water to the 
        point that rising water has reached over the door sill and has 
        entered the passenger or trunk compartment. Disclosure that a 
        passenger motor vehicle has become a `flood vehicle' shall be 
        made at the time of transfer of ownership and the next 
        certificate of title issued after such transfer shall be 
        conspicuously labeled with the word `flood' across the front.
``Sec. 33302. Passenger motor vehicle titling
    ``(a) Carry-Forward of Information on a Newly Issued Title Where 
the Previous Title for the Vehicle Was Not Issued Pursuant to New 
Nationally Uniform Standards.--For any passenger motor vehicle, the 
ownership of which is transferred on or after the date that is 1 year 
from the date of the enactment of this chapter, each State, in 
licensing such vehicle for use, shall disclose in writing on the 
certificate of title whenever records readily accessible to the State 
indicate that the passenger motor vehicle was previously issued a title 
that bore any word or symbol signifying that the vehicle was `salvage', 
`unrebuildable', `parts only', `scrap', `junk', `nonrepairable', 
`reconstructed', `rebuilt', or any other symbol or word of like kind, 
or that it has been damaged by flood.
    ``(b) Nationally Uniform Title Standards and Control Methods.--Not 
later than 18 months after the date of the enactment of this chapter, 
the Secretary of Transportation shall by rule require each State, in 
licensing any passenger motor vehicle where ownership of such passenger 
motor vehicle is transferred more than 2 years after publication of 
such final rule, to apply uniform standards, procedures, and methods 
for the issuance and control of titles for motor vehicles and for 
information to be contained on such titles. Such titling standards, 
control procedures, methods, and information shall include the 
following:
            ``(1) A State shall indicate on the face of the title or 
        certificate for a passenger motor vehicle, as applicable, if 
        the passenger motor vehicle is a salvage vehicle, a 
        nonrepairable vehicle, a rebuilt salvage vehicle, or a flood 
        vehicle.
            ``(2) Such information concerning a passenger motor 
        vehicle's status shall be conveyed on any subsequent title, 
        including a duplicate or replacement title, for the passenger 
        motor vehicle issued by the original titling State or any other 
        State.
            ``(3) The title documents, the certificates and, decals 
        required by section 33301(4), and the issuing system shall meet 
        security standards minimizing the opportunities for fraud.
            ``(4) The certificate of title shall include the passenger 
        motor vehicle make, model, body type, year, odometer 
        disclosure, and vehicle identification number.
            ``(5) The title documents shall maintain a uniform layout, 
        to be established in consultation with the State or an 
        organization representing them.
            ``(6) A passenger motor vehicle designated as nonrepairable 
        shall be issued a nonrepairable vehicle certificate and shall 
        not be retitled.
            ``(7) No rebuilt salvage title shall be issued to a salvage 
        vehicle unless, after the salvage vehicle is repaired or 
        rebuilt, it complies with the requirements for a rebuilt 
        salvage vehicle pursuant to section 33301(4). Any State 
        inspection program designed to comply with this paragraph shall 
        be subject to continuing review by and approval of the 
        Secretary. Such inspection program shall include the following:
                    ``(A) A passenger motor vehicle owner submitting a 
                vehicle for an anti-theft inspection shall be required 
                to provide a completed document identifying the 
                vehicle's damage prior to being repaired, a list of 
                replacement parts used to repair the vehicle, and proof 
of ownership of such replacement parts, as may be evidenced by bills of 
sale, invoices or, if such documents are not available, other proof of 
ownership for the replacement parts. The owner must also include an 
affirmation that the information in the declaration is complete and 
accurate and, to the knowledge of the declarant, no stolen parts were 
used during the rebuilding.
                    ``(B) Any passenger motor vehicle or any major part 
                or major replacement part required to be marked under 
                section 33102 having a mark or vehicle identification 
                number that has been illegally altered, defaced, or 
                falsified, and that cannot be identified as having been 
                legally obtained (through bills of sale, invoices, or 
                other ownership documentation), shall be contraband and 
                subject to seizure. To avoid confiscation of parts 
                which have been legally rebuilt or remanufactured, the 
                Secretary of Transportation, in consultation with the 
                Attorney General, shall, as part of the rule required 
                by this section, establish procedures for dealing with 
                those parts whose mark or vehicle identification number 
                is normally removed during industry accepted 
                remanufacturing or rebuilding practices, which parts 
                shall be deemed identified for purposes of this section 
                if they bear a conspicuous mark of a type, and applied 
                in such a manner, as designated by the Secretary 
                indicating that they have been rebuilt or 
                remanufactured. With respect to any vehicle part, the 
                Secretary's rule, as required by this section, shall 
                acknowledge that a mark or vehicle identification 
                number on such part may be legally removed or altered 
                as provided for in section 511 of title 18, United 
                States Code, and shall direct inspectors to adopt such 
                procedures as may be necessary to prevent the seizure 
                of a part from which the mark or vehicle identification 
                number has been legally removed or altered.
                    ``(C) The Secretary shall establish nationally 
                uniform safety inspection criteria to be used in those 
                States requiring such a safety inspection. A State may 
                determine whether to conduct such safety inspection 
                itself, contract with a third party, or permit self-
                inspection, all subject to criteria promulgated by the 
                Secretary hereunder. A State requiring such safety 
                inspection may require the payment of a fee for the 
                privilege of such inspection or the processing thereof.
            ``(8) No duplicate or replacement title shall be issued 
        unless the word `duplicate' is clearly marked on the face 
        thereof and unless the procedures for such issuance are 
        substantially consistent with Recommendation three (3) of the 
        Motor Vehicle Titling, Registration and Salvage Advisory 
        Committee.
            ``(9) A State shall employ the following titling and 
        control methods:
                    ``(A) If an insurance company is not involved in a 
                damage settlement involving a salvage vehicle or a 
                nonrepairable vehicle, the passenger motor vehicle 
                owner must apply for a salvage title or nonrepairable 
                vehicle certificate, whichever is applicable, before 
                the passenger motor vehicle is repaired or the 
                ownership of the passenger motor vehicle is 
                transferred, but in any event within 30 days after the 
                passenger motor vehicle is damaged.
                    ``(B) If an insurance company, pursuant to a damage 
                settlement, acquires ownership of a passenger motor 
                vehicle that has incurred damage requiring the vehicle 
                to be titled as a salvage vehicle or nonrepairable 
                vehicle, the insurance company must apply for a salvage 
                title or nonrepairable vehicle certificate within 15 
                days after the title is properly assigned by the owner 
                to the insurance company and delivered to the insurance 
                company with all liens released.
                    ``(C) If an insurance company does not assume 
                ownership of an insured's or claimant's passenger motor 
                vehicle that has incurred damage requiring the vehicle 
                to be titled as a salvage vehicle or nonrepairable 
                vehicle, the insurance company shall, as required by 
                the applicable State, either (i) notify the owner of 
                the owner's obligation to apply for a salvage title or 
                nonrepairable vehicle certificate for the passenger 
                motor vehicle and notify the State passenger motor 
                vehicle titling office that a salvage title or 
                nonrepairable vehicle certificate should be issued for 
                the vehicle, or (ii) withhold payment of the claim 
                until the owner applies for a salvage title or 
                nonrepairable vehicle certificate.
                    ``(D) If a leased passenger motor vehicle incurs 
                damage requiring the vehicle to be titled as a salvage 
                vehicle or nonrepairable vehicle, the lessor must apply 
                for a salvage title or nonrepairable vehicle 
                certificate within 21 days after being notified by the 
                lessee that the vehicle has been so damaged, except 
                when an insurance company, pursuant to a damage 
                settlement, acquires ownership of the vehicle. The 
                lessee of such vehicle shall inform the lessor that the 
                leased vehicle has been so damaged within 30 days after 
                the occurrence of the damage.
                    ``(E) Any person acquiring ownership of a damaged 
                passenger motor vehicle that meets the definition of a 
                salvage or nonrepairable vehicle for which a salvage 
                title or nonrepairable vehicle certificate has not been 
                issued, must apply for a salvage title or nonrepairable 
                vehicle certificate, whichever is applicable. This 
                application must be made before the vehicle is further 
                transferred, but in any event, within 30 days after 
                ownership is acquired. The requirements of this 
                subparagraph shall not apply to any scrap metal 
                processor which acquires a passenger motor vehicle for 
                the sole purpose of processing it into prepared grades 
                of scrap and which so processes such vehicle.
                    ``(F) State records shall note when a nonrepairable 
                vehicle certificate is issued. No State shall issue a 
nonrepairable vehicle certificate after 2 transfers of ownership.
                    ``(G) When a passenger motor vehicle has been 
                flattened, baled, or shredded, whichever comes first, 
                the title or nonrepairable vehicle certificate for the 
                vehicle shall be surrendered to the State within 30 
                days. If the second transferee on a nonrepairable 
                vehicle certificate is unequipped to flatten, bale, or 
                shred the vehicle, such transferee must, at the time of 
                final disposal of the vehicle, use the services of a 
                professional automotive recycler or professional scrap 
                processor who is hereby authorized to flatten, bale, or 
                shred the vehicle and to effect the surrender of the 
                nonrepairable vehicle certificate to the State on 
                behalf of such second transferee. State records shall 
                be updated to indicate the destruction of such vehicle 
                and no further ownership transactions for the vehicle 
                will be permitted. If different than the State of 
                origin of the title or nonrepairable vehicle 
                certificate, the State of surrender shall notify the 
                State of origin of the surrender of the title or 
                nonrepairable vehicle certificate and of the 
                destruction of such vehicle.
                    ``(H) When a salvage title is issued, the State 
                records shall so note. No State shall permit the 
                retitling for registration purposes or issuance of a 
                rebuilt salvage title for a passenger motor vehicle 
                with a salvage title without a certificate of 
                inspection, which complies with the security and 
                guideline standards established by the Secretary 
                pursuant to paragraphs (3) and (7), as applicable, 
                indicating that the vehicle has passed the inspections 
                required by the State. This subparagraph does not 
                preclude the issuance of a new salvage title for a 
                salvage vehicle after a transfer of ownership.
                    ``(I) After a passenger motor vehicle titled with a 
                salvage title has passed the inspections required by 
                the State, the inspection official will affix the 
                secure decal required pursuant to section 33301(4) to 
                the driver's door jamb of the vehicle and issue to the 
                owner of the vehicle a certificate indicating that the 
                passenger motor vehicle has passed the inspections 
                required by the State. The decal must comply with the 
                permanency requirements established by the Secretary.
                    ``(J) The owner of a passenger motor vehicle titled 
                with a salvage title may obtain a rebuilt salvage title 
                and vehicle registration by presenting to the State the 
                salvage title, properly assigned, if applicable, along 
                with the certificate that the vehicle has passed the 
                inspections required by the State. With such proper 
                documentation and upon request, a rebuilt salvage title 
                and registration shall be issued to the owner. When a 
                rebuilt salvage title is issued, the State records 
                shall so note.
            ``(10) A seller of a passenger motor vehicle that becomes a 
        flood vehicle shall, at or prior to the time of transfer of 
        ownership, give the buyer a written notice that the vehicle is 
        a flood vehicle. At the time of the next title application for 
        the vehicle, disclosure of the flood status shall be provided 
        to the applicable State with the properly assigned title and 
        the word ``Flood'' shall be conspicuously labeled across the 
        front of the new title.
            ``(11) In the case of a leased passenger motor vehicle, the 
        lessee, within 15 days of the occurrence of the event that 
        caused the vehicle to become a flood vehicle, shall give the 
        lessor written disclosure that the vehicle is a flood vehicle.
    ``(c) Electronic Procedures.--A State may employ electronic 
procedures in lieu of paper documents whenever such electronic 
procedures provide the same information, function, and security 
otherwise required by this section.
``Sec. 33303. Funding
    ``(a) In General.--Funds otherwise made available to the States for 
the promotion of highway safety may be used to defray the direct costs 
of establishing new procedures for compliance with section 33302.
    ``(b) Report.--The Secretary shall, contemporaneously with the 
issuance of a final rule pursuant to section 33302(b), report to the 
President of the Senate and the Speaker of the House of Representatives 
whether the costs to the States of compliance with such rule can be met 
by user fees for issuance of titles, issuance of registrations, 
issuance of duplicate titles, inspection of rebuilt vehicles, or for 
the State services, or by earmarking any moneys collected through law 
enforcement action to enforce requirements established by such rule. If 
such costs cannot be so met, user fees should be mandated at the 
Federal level but retained by the States to cover the direct costs to 
comply with such rule.
``Sec. 33304. Petitions for extensions of time
    ``The Secretary may grant a State, for good cause shown, an 
extension of time to comply with the requirements established in 
section 33302(a). No such extension shall remain in effect on or after 
the compliance date established pursuant to section 33302(b).
``Sec. 33305. Effect on state law
    ``(a) In General.--Effective on the date the rule promulgated 
pursuant to section 33302 becomes effective, the provisions of this 
chapter shall preempt all State laws, to the extent they are 
inconsistent with the provisions of this chapter or the rule 
promulgated pursuant to section 33302, which--
            ``(1) set forth the form of the passenger motor vehicle 
        title;
            ``(2) define, in connection with a passenger motor vehicle 
        (but not in connection with a passenger motor vehicle part or 
        part assembly separate from a passenger motor vehicle), any 
        term defined in section 33301 or the terms `salvage', `junk', 
        `reconstructed', `nonrepairable', `unrebuildable', `scrap', 
        `parts only', `rebuilt', `flood', or any other symbol or word 
        of like kind, or apply any of those terms to any passenger 
        motor vehicle (but not to a passenger motor vehicle part or 
        part assembly separate from a passenger motor vehicle); and
            ``(3) set forth titling, recordkeeping, anti-theft 
        inspection, or control procedures in connection with any 
        salvage vehicle, rebuilt salvage vehicle, nonrepairable 
        vehicle, or flood vehicle defined in section 33301.
    ``(b) Construction.--Additional disclosures of a passenger motor 
vehicle's title status or history, in addition to the terms defined in 
section 33301, shall not be deemed inconsistent with the provisions of 
this title. When used in connection with a passenger motor vehicle (but 
not in connection with a passenger motor vehicle part or part assembly 
separate from a passenger motor vehicle), any definition of a term 
defined in section 33301 which is different than the definition in that 
section or any use of any term listed in subsection (a), but not 
defined in section 33301, shall be deemed inconsistent with the 
provisions of this chapter. Nothing in this chapter shall preclude a 
State from disclosing on a rebuilt salvage title that a rebuilt salvage 
vehicle has passed a State safety inspection which differed from the 
nationally uniform criteria to be promulgated pursuant to section 
33302(b)(7).
``Sec. 33306. Civil and criminal penalties
    ``(a) Prohibited Acts.--It shall be unlawful for any person 
knowingly and willfully to--
            ``(1) make or cause to be made any false statement on an 
        application for a title (or duplicate title) for a passenger 
        motor vehicle;
            ``(2) fail to apply for a salvage title when such an 
        application is required;
            ``(3) alter, forge, or counterfeit a certificate of title 
        (or an assignment thereof), a nonrepairable vehicle 
        certificate, a certificate verifying an anti-theft inspection 
        or an anti-theft and safety inspection, or a decal affixed to a 
        passenger motor vehicle pursuant to section 33302(b)(9)(I);
            ``(4) falsify the results of, or provide false information 
        in the course of, an inspection conducted pursuant to section 
        33302(b)(7);
            ``(5) offer to sell any salvage vehicle or nonrepairable 
        vehicle as a rebuilt salvage vehicle; or
            ``(6) conspire to commit any of the acts enumerated in 
        paragraphs (1), (2), (3), (4), and (5).
    ``(b) Civil Penalty.--Any person who commits an unlawful act as 
provided in subsection (a) of this section shall be fined a civil 
penalty of up to $2,000 per offense.
    ``(c) Criminal Penalty.--Any person who commits an unlawful act as 
provided in subsection (a) of this section shall be fined up to $50,000 
or sentenced up to 3 years imprisonment or both, per offense.''.

SEC. 4. DOCUMENTATION REQUIRED TO EXPORT CERTAIN VEHICLES.

    Section 627(b) of the Tariff Act of 1930 (19 U.S.C. 1627a(b)) is 
amended to read as follows:
    ``(b)(1) Customs officers shall not allow the export of a self-
propelled vehicle from the United States by transport, unless the 
exporter presents proof of ownership to a Customs officer. Proof of 
ownership shall be limited to an unencumbered title or nonrepairable 
vehicle certificate issued by a governmental jurisdiction or to a 
manufacturer's statement of origin. If the self-propelled vehicle title 
is encumbered, the exporter must also present written permission from 
the lienholder to export the self-propelled vehicle. Customs officers 
shall not allow export of any self-propelled vehicle prior to verifying 
that the self-propelled vehicle has not been reported stolen. Customs 
officers will provide the vehicle identification number for all self-
propelled vehicles that are exported to the National Crime Information 
Center and the National Automobile Title Information System.
    ``(2) Failure of a person attempting to export a self-propelled 
vehicle to comply with this subsection shall subject such person to a 
civil penalty of not more than $500 for each violation.''.
                                 <all>
HR 2900 IH1S----2

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