text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Transportation Information Recall 
  Enhancement Act''.
  
  SEC. 2. FINDINGS AND PURPOSE.
  
      (a) Findings.--Congress finds that--
              (1) in an interview with ABC News on September 3, 2000, 
          Secretary of Transportation Rodney Slater stated that he thinks 
          there should be a law requiring that the United States be 
          immediately notified of a foreign recall, ``especially in the 
          global economy when you've got U.S. goods really being used by 
          individuals around the world. We should know when there's a 
          problem someplace else.'';
              (2) as of the date of enactment of this Act, there is no 
          legal requirement for manufacturers of motor vehicles and their 
          components to notify United States agencies of a recall issued 
          in a foreign country;
              (3) between August 1999 and spring 2000, Ford Motor Company 
          replaced Firestone tires on 46,912 vehicles in Saudi Arabia, 
          Thailand, Malaysia, and South America;
              (4)(A) on May 2, 2000, the National Highway Traffic Safety 
          Administration opened a preliminary evaluation into Firestone 
          ATX, ATX II, and Wilderness AT tires after receiving 90 
          complaints, primarily from consumers in the Southeast and 
          Southwest, about tread separations or blowouts;
              (B) as of September 2000, the National Highway Traffic 
          Safety Administration has received over 1,400 complaints, 
          including reports of more than 250 injuries and 88 deaths; and
              (C) some of the complaints date back to the early 1990s, 
          and 797 of the complaints report that a tire failure took place 
          between August 1, 1999, and August 9, 2000; and
              (5)(A) on August 9, 2000, Bridgestone/Firestone announced a 
          United States recall of 6,500,000 ATX, ATX II, and Wilderness 
          AT tires; and
              (B) that date was 3 months after the National Highway 
          Traffic Safety Administration commenced its investigation and 
          nearly 9 months after Ford Motor Company initiated the 
          replacement of the tires in foreign countries.
      (b) Purpose.--The purpose of this Act is to ensure that defects in 
  motor vehicles or replacement equipment in foreign countries are 
  quickly, accurately, and truthfully reported to the United States 
  Secretary of Transportation in cases in which--
              (1) the motor vehicles or replacement equipment is 
          manufactured for export to the United States; or
              (2) the motor vehicles or replacement equipment is 
          manufactured in the United States using a manufacturing process 
          that is the same as, or similar to, the manufacturing process 
          used in the foreign country, with the result that the motor 
          vehicles or replacement equipment manufactured in the United 
          States may also be defective.
  
  SEC. 3. CRIMINAL AND CIVIL PENALTIES IN CONNECTION WITH REPORTING OF 
                DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.
  
      (a) In General.--Chapter 47 of title 18, United States Code, is 
  amended by adding at the end the following:
  ``Sec. 1036. Penalties in connection with reporting of defects in 
                foreign motor vehicle products
      ``(a) Definitions.--
              ``(1) Foreign motor vehicle product.--The term `foreign 
          motor vehicle product' means a motor vehicle or replacement 
          equipment that--
                      ``(A) is manufactured in a foreign country for 
                  export to the United States; or
                      ``(B) is manufactured in a foreign country using a 
                  manufacturing process that is the same as, or similar 
                  to, a manufacturing process used in the United States 
                  for a motor vehicle or replacement equipment.
              ``(2) Other terms.--The terms `defect', `manufacturer', 
          `motor vehicle', and `replacement equipment' have the meanings 
          given the terms in section 30102 of title 49.
      ``(b) Criminal Penalty.--A manufacturer of a foreign motor vehicle 
  product, or an officer or employee of such a manufacturer, that, in 
  connection with a report required to be filed under section 30118(f) of 
  title 49, willfully--
              ``(1) falsifies or conceals a material fact;
              ``(2) makes a materially false, fictitious, or fraudulent 
          statement or representation; or
              ``(3) makes or uses a false writing or document knowing 
          that the writing or document contains any materially false, 
          fictitious, or fraudulent statement or entry;
  shall be fined under this title, imprisoned not more than 5 years, or 
  both.
      ``(c) Civil Penalty.--
              ``(1) In general.--In addition to any civil penalty that 
          may be assessed under chapter 301 of title 49, a manufacturer 
          that violates section 30118(f) of title 49 shall be subject to 
          a civil penalty of not more than $500,000 for each day of the 
  violation.
              ``(2) Compromise of penalty.--The Attorney General may 
          compromise the amount of a civil penalty imposed under 
          paragraph (1).
              ``(3) Determination of amount.--In determining the amount 
          of a civil penalty or compromise under this subsection, the 
          Attorney General shall consider--
                      ``(A) the appropriateness of the penalty or 
                  compromise in relation to the size of the business of 
                  the manufacturer liable for the penalty; and
                      ``(B) the gravity of the violation.
              ``(4) Deduction of amount of penalty.--The United States 
          Government may deduct the amount of the civil penalty imposed 
          or compromised under this section from any amount that the 
          Government owes the manufacturer liable for the penalty.''.
      (b) Conforming Amendment.--The analysis for chapter 47 of title 18, 
  United States Code, is amended by adding at the end the following:
  
  ``1036. Penalties in connection with reporting of defects in foreign 
                              motor vehicle products.''.
  
  SEC. 4. REPORTING OF DEFECTS IN FOREIGN MOTOR VEHICLE PRODUCTS.
  
      Section 30118 of title 49, United States Code, is amended by adding 
  at the end the following:
      ``(f) Reporting of Defects in Foreign Motor Vehicle Products.--
              ``(1) Definition of foreign motor vehicle product.--The 
          term `foreign motor vehicle product' means a motor vehicle or 
          replacement equipment that--
                      ``(A) is manufactured in a foreign country for 
                  export to the United States; or
                      ``(B) is manufactured in a foreign country using a 
                  manufacturing process that is the same as, or similar 
                  to, a manufacturing process used in the United States 
                  for a motor vehicle or replacement equipment.
              ``(2) Reporting of defects.--
                      ``(A) Initial report.--Not later than 48 hours 
                  after determining, or learning that a government of a 
                  foreign country has determined, that a foreign motor 
                  vehicle product contains a defect that could be related 
                  to motor vehicle safety, the manufacturer of the 
                  foreign motor vehicle product shall report the 
                  determination to the Secretary.
                      ``(B) Written report.--
                              ``(i) In general.--Not later than 5 days 
                          after the end of the 48-hour period described 
                          in subparagraph (A), the manufacturer shall 
                          submit to the Secretary a written report that 
                          meets the requirements of clause (ii).
                              ``(ii) Contents of written report.--A 
                          written report under clause (i) shall contain--
                                      ``(I) a description of the foreign 
                                  motor vehicle product that is the 
                                  subject of the report;
                                      ``(II) a description of--
                                              ``(aa) the determination of 
                                          the defect by the government of 
                                          the foreign country or by the 
                                          manufacturer of a foreign motor 
                                          vehicle product; and
                                              ``(bb) any measures that 
                                          the government requires to be 
                                          taken, or the manufacturer 
                                          determines should be taken, to 
                                          obtain a remedy of the defect;
                                      ``(III) information concerning any 
                                  serious injuries or fatalities possibly 
                                  resulting from the defect; and
                                      ``(IV) such other information as 
                                  the Secretary determines to be 
                                  appropriate.
              ``(3) Reporting of possible defects.--Upon making a 
          determination that there have been a significant number of 
          serious injuries or fatalities in a foreign country that could 
          have resulted from a defect in a foreign motor vehicle product 
          that could be related to motor vehicle safety (as determined in 
          accordance with regulations promulgated by the Secretary), the 
          manufacturer of the foreign motor vehicle product shall report 
          the determination to the Secretary in such manner as the 
          Secretary establishes by regulation.''.
  
  SEC. 5. EFFECTIVE DATE.
  
      This Act and the amendments made by this Act take effect on the 
  date that is 180 days after the date of enactment of this Act.
target: Amends Federal transportation law to require a manufacturer, not later than 48 hours after determining, or learning that a government of a foreign country has determined, that a foreign motor vehicle product contains a defect that could be related to motor vehicle safety, to report such determination to the Secretary of Transportation. Sets forth similar requirements with respect to the reporting of possible defects in such vehicle or equipment that have resulted in a significant number of serious injuries or fatalities in a foreign country. Sets forth both criminal and civil penalties for manufacturers of foreign motor vehicle products who falsify information with respect to, or otherwise violate, the reporting requirements contained in this Act.
feat_title: Transportation Information Recall Enhancement Act