prevention standard shall constitute only a single violation.

(2) Any such penalty shall be assessed by the Secretary and collected in a civil action brought by the Attorney General of the United States. Any such civil penalty may be compromised by the Secretary. In determining the amount of such penalty, or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged and the gravity of the violation shall be considered.

(3) The amount of such penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owed by the United States to the person charged.

(4) The maximum civil penalty shall not exceed $250,000 for any related series of violations.

(b)(1) Upon petition by the Attorney General on behalf of the United States, the United States district courts shall have jurisdiction, for cause shown and subject to the provisions of rule 65(a) and (b) of the Federal Rules of Civil Procedure, to restrain violations of this subchapter, or to restrain the sale, offer for sale, or the introduction or delivery for introduction in interstate commerce, or the importation into the United States, of

(A) any passenger motor vehicle containing a major part, or

(B) any major replacement part, which is subject to the standard under section 2022 of this title and is determined, before the sale of such vehicle or such major replacement part to a first purchaser, not to conform to such standard. Whenever practicable, the Secretary shall give notice to any person against whom an action for injunctive relief is contemplated and afford the person an opportunity to present his views, and except in the case of a knowing and willful violation, shall afford the person reasonable opportunity to achieve compliance. The failure to give such notice and afford such opportunity shall not preclude the granting of appropriate relief.

(2) In any proceeding for criminal contempt for violation of an injunction or restraining order issued under this subsection, which violation also constitutes a violation of this subchapter, trial shall be by the court, or, upon demand of the accused, by a jury. Such trial shall be conducted in accordance with the practice and procedure applicable in the case of proceedings subject to the provisions of rule 42(b) of the Federal Rules of Criminal Procedure.

(3) Actions under paragraph (1) and under subsection (a) of this section may be brought in the district wherein any act or transaction constituting the violation occurred, or in the district wherein the defendant is found or is an inhabitant or transacts business, and process in such cases may be served in any other district in which the defendant is an inhabitant or wherever the defendant may be found.

(4) In any actions brought under paragraph (1) and under subsection (a) of this section, subpenas for witnesses who are required to attend a United States district court may run into any other district.

(Pub. L. 92-513, title VI, § 608, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2762.)

REFERENCES IN TEXT

Rule 65 of the Federal Rules of Civil Procedure, referred to in subsec. (b)(1), is set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Rule 42 of the Federal Rules of Criminal Procedure, referred to in subsec. (b)(2), is set out in the Appendix to Title 18, Crimes and Criminal Procedure.

§ 2029. Confidentiality of information

All information reported to, or otherwise obtained by, the Secretary or the Secretary's representative under this subchapter which contains or relates to a trade secret or other matter referred to in section 1905 of title 18 or in section 552(b)(4) of title 5 shall be considered confidential for the purpose of the applicable section of this subchapter, except that such information may be disclosed to other officers or employees concerned with carrying out this subchapter or when relevant in any proceeding under this subchapter (other than a proceeding under section 2023(a)(2) or (3) of this title). Nothing in this section shall authorize the withholding of information by the Secretary or any officer or employee under the Secretary's control from any committee of the Congress. (Pub. L. 92-513, title VI, § 609, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2763.)

§ 2030. Judicial review

Any person who may be adversely affected by any provision of any standard or other rule under this subchapter may obtain judicial review of such standard or rule in accordance with section 2004 of this title. Nothing in this section shall preclude the availability to any person of other remedies provided by law in the case of any standard, rule, or other action under this subchapter.

(Pub. L. 92-513, title VI, § 610, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2763.)

§ 2031. Coordination with State and local law

Whenever a vehicle theft prevention standard established under section 2022 of this title is in effect, no State or political subdivision of a State shall have any authority either to establish, or to continue in effect, with respect to any motor vehicle, or major replacement part, any vehicle theft prevention standard which is not identical to such vehicle theft prevention standard.

(Pub. L. 92-513, title VI, § 611, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2763.)

§ 2032. Insurance reports and information

(a) Required information

(1) In order to

(A) prevent or discourage the theft of motor vehicles, particularly those vehicles

which are stolen for the removal of certain parts,

(B) prevent or discourage the sale and distribution in interstate commerce of used parts that are removed from such vehicles, and

(C) help reduce the cost to consumers of comprehensive insurance coverage for motor vehicles,

each insurer of such coverage (or their designated agents) shall provide to the Secretary the information required by this subsection. Such information shall be provided annually, beginning 2 years after October 25, 1984.

(2) Such information shall include

(A) the thefts and recoveries (in whole or in part) of motor vehicles;

(B) the number of vehicles which have been recovered intact;

(C) the rating rules and plans, such as loss data and rating characteristics, used by such insurers to establish premiums for comprehensive insurance coverage for motor vehicles, including the basis for such premiums, and premium penalties for motor vehicles considered by such insurers as more likely to be stolen;

(D) the actions taken by such insurers to reduce such premiums, including changes in rate levels for automobile comprehensive coverages, due to a reduction in thefts of motor vehicles;

(E) the actions taken by such insurers to assist in deterring or reducing thefts of motor vehicles; and

(F) such other information as the Secretary may require to administer this subchapter and to make the report and findings required by this subchapter.

The information on thefts and recoveries of such vehicles shall include an explanation about how such information is obtained by the insurer, the accuracy and timeliness of such information, and the use made of such information, including the extent to which such information is reported, including the frequency of such reporting, to national, public, and private entities, such as the Federal Bureau of Investigation and State and local police.

(3) For purposes of this section, the term "insurer" includes any person which has a fleet of 20 or more motor vehicles (other than any governmental entity) which are used primarily for rental or lease and which are not covered by theft insurance policies issued by insurers of passenger motor vehicles.

(4) The Secretary shall exempt from the requirements of this section, for one or more years, any insurer if the Secretary determines that such insurer should be exempted be

cause

(A) the cost of preparing and furnishing reports and information is excessive in relation to the size of the business of the insurer, and

(B) such reports and information will not significantly contribute to carrying out the purposes of this subchapter.

(5)(A) Subject to subparagraph (B), the Secretary shall, by rule, exempt from the requirements of this section small insurers if the Secretary finds that such exemption will not sig

nificantly affect the validity or usefulness of the information collected and compiled under this section, nationally or State-by-State.

(B) The Secretary may not, under subparagraph (A), exempt any person who is considered an insurer under this section solely by reason of paragraph (3).

(C)(i) Subject to clause (ii), for purposes of this paragraph, the term "small insurer" means any insurer whose premiums for motor vehicle insurance issued directly or through any affiliate, including any pooling arrangement established under State law or regulation for the issuance of motor vehicle insurance, account for less than one percent of the total premiums for all forms of motor vehicle insurance issued by insurers within the United States. The regulations under this paragraph shall provide that eligibility as a small insurer shall be based on the most recent calendar year for which adequate data is available, and that, once attained, such eligibility shall continue without further demonstration of qualification for one or more years, as the Secretary considers appropriate.

(ii) For purposes of the reporting requirements under this section for an insurer's operations within any State, the term "small insurer" shall not include any insurer whose premiums for motor vehicle insurance issued directly or through any affiliate, including any pooling arrangement described in clause (i), account for 10 percent or more of the total premiums for all forms of motor vehicle insurance issued by insurers within such State.

(b) Periodic compilations

The information obtained by the Secretary under this section shall be periodically compiled and (subject to section 552 of title 5) published by the Secretary in a form that will be helpful to the public, including Federal, State, and local police, and Congress.

(c) Consultation with State and insurance regulatory agencies

The Secretary shall consult with such State and insurance regulatory agencies and other agencies and associations, both public and private, as the Secretary deems appropriate.

(d) Reduced claims payment

If, in paying claims pursuant to adjustment or negotiations between the insurer and the insured for any stolen motor vehicle, any insurer reduces such payment by the amount of the value, salvage or otherwise, of any part subject to the standard which is recovered and such reduction is not made at the express election of the insured, the insurer shall promptly report such action in writing to the Secretary.

(e) Prescribed form for information

The information required by this section shall be furnished in such form as the Secretary shall prescribe by regulation or otherwise. (f) "Motor vehicle" defined

For purposes of this section, the term "motor vehicle" includes trucks, multipurpose passenger vehicles, and motorcycles.

(Pub. L. 92-513, title VI, § 612, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2763.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2022 of this title.

§ 2033. Voluntary vehicle identification standards (a) Authority to promulgate

The Secretary may, by rule, promulgate a vehicle theft prevention standard under which any person may elect to inscribe or affix an identifying number or symbol on major parts of any motor vehicle manufactured or owned by such person for purposes of section 511 of title 18 and related provisions. Such standard may include provisions for registration of such identification with the Secretary or any person designated by the Secretary.

(b) Criteria

The standard under this section shall be practicable, and shall provide relevant objective criteria.

(c) Voluntary compliance

Compliance with such standard shall be voluntary, and any failure to comply shall not be subject to penalty or enforcement under this subchapter.

(d) Relief from requirements

Compliance with such standard shall not relieve any manufacturer of any requirement under the standard under section 2022 of this title.

(Pub. L. 92-513, title VI, § 613, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2765.)

§ 2034. Three-year and five-year studies regarding motor vehicle theft

(a) Three-year report

(1) Not later than 3 years after October 25, 1984, the Secretary shall submit a report to the Congress which includes the information and legislative recommendations required under paragraphs (2) and (3).

(2) The report required by this subsection shall include

(A) data on the number of trucks, multipurpose passenger vehicles, and motorcycles, stolen and recovered annually, compiled by model, make, and line for all such motor vehicles distributed for sale in interstate commerce;

(B) information on the extent to which trucks, multipurpose passenger vehicles, and motorcycles, stolen annually are dismantled to recover parts or are exported;

(C) a description of the market for such stolen parts;

(D) information concerning the premiums charged by insurers of comprehensive insurance coverage of trucks, multipurpose passenger vehicles, or motorcycles, including any increase in such premiums charged because any such motor vehicle is a likely candidate for theft; and

(E) an assessment of whether the identification of parts of trucks, multipurpose passenger vehicles, and motorcycles is likely to have (i) a beneficial impact in decreasing the rate of theft of such vehicles; (ii) improve the recovery rate of such vehicles; (iii) decrease the trafficking in stolen parts of such vehicles; (iv) stem the export and import of such stolen vehicles or parts; or (v) benefits which exceed the costs of such identification.

(3) The report under this subsection shall recommend to Congress whether, and to what extent, the identification of trucks, multipurpose passenger vehicles, and motorcycles should be required by statute.

(b) Five-year report

(1) Not later than 5 years after the promulgation of the standard required by this subchapter, the Secretary shall submit a report to the Congress which includes the information and legislative recommendations required under paragraphs (2) and (3).

(2) The report required by this subsection shall include

(A) information about the methods and procedures used by public and private entities for collecting, compiling, and disseminating information concerning the theft and recovery of motor vehicles, including classes thereof, and about the reliability, accuracy, and timeliness of such information, and how such information can be improved;

(B) data on the number of motor vehicles stolen and recovered annually, compiled by the class of vehicle, model, make, and line for all such motor vehicles distributed for sale in interstate commerce;

(C) information on the extent to which motor vehicles stolen annually are dismantled to recover parts or are exported;

(D) a description of the market for such stolen parts;

(E) information concerning the costs to manufacturers, as well as to purchasers of passenger motor vehicles, in complying with the standard promulgated under this subchapter, as well as the identification of the beneficial impacts of the standard and the monetary value of any such impacts, and the extent to which such monetary value is greater than the costs;

(F) information concerning the experience of Federal, State, and local officials in making arrests and successfully prosecuting persons for violations of the provisions of law set forth in titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984, in preventing or reducing the number, and rate of, thefts of motor vehicles that are dismantled for parts subject to this subchapter, and in preventing or reducing the availability of used parts that are stolen from motor vehicles subject to this subchapter;

(G) information concerning the premiums charged by insurers of comprehensive insurance coverage of motor vehicles subject to this subchapter, including any increase in such premiums charged because a motor vehicle is a likely candidate for theft, and the

extent to which such insurers have reduced for the benefit of consumers such premiums as a result of this subchapter or have foregone premium increases as a result of this subchapter;

(H) information concerning the adequacy and effectiveness of Federal and State laws aimed at preventing the distribution and sale of used parts that have been removed from stolen motor vehicles and the adequacy of systems available to enforcement personnel for tracing parts to determine if they have been stolen from a motor vehicle;

(I) an assessment of whether the identification of parts of other classes of motor vehicles is likely to have (i) a beneficial impact in decreasing the rate of theft of such vehicles; (ii) improve the recovery rate of such vehicles; (iii) decrease the trafficking in stolen parts of such vehicles; (iv) stem the export and import of such stolen vehicles, parts, or components; or (v) benefits which exceed the costs of such identification; and

(J) other pertinent and reliable information available to the Secretary concerning the impact, including the beneficial impact, of this title and titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984 on law enforcement, consumers, and manufacturers.

(3) The report submitted under this subsection to the Congress shall include recommendations for (A) continuing the standard established by this subchapter without change, (B) modifying this subchapter to cover more or fewer lines of passenger motor vehicles, (C) modifying this subchapter to cover other classes of motor vehicles, or (D) terminating the standard for all future motor vehicles. The report may include, as appropriate, legislative and administrative recommendations.

(c) Bases of reports

(1) The reports under subsections (a) and (b) of this section shall each be based on (A) the information reported under this subchapter by insurers of motor vehicles and manufacturers of such vehicles and major replacement parts, (B) information provided by the Federal Bureau of Investigation, (C) experience obtained in the implementation, administration, and enforcement of this subchapter, (D) experience gained by the Government under titles II and III of the Motor Vehicle Theft Law Enforcement Act of 1984, and (E) any other reliable and relevant information available to the Secretary.

(2) In preparing each such report, the Secretary shall consult with the Attorney General of the United States and with State and local law enforcement officials, as appropriate.

(3) The report under subsection (b) of this section shall (A) cover a period of at least four years subsequent to the promulgation of the standard required by this subchapter, and (B) reflect any information, as appropriate, from the report under subsection (a) of this section updated from the time of such report.

(4) At least 90 days before submitting each such report to Congress, the Secretary shall publish the proposed report for public review

and for an opportunity for written comment of at least 45 days. The Secretary shall consider such comments in preparing the final report and shall include a summary of such comments with the final report.

(Pub. L. 92-513, title VI, § 614, as added Pub. L. 98-547, title I, § 101(a), Oct. 25, 1984, 98 Stat. 2765.)

REFERENCES IN TEXT

The Motor Vehicle Theft Law Enforement Act of 1984, referred to in subsecs. (b)(2)(F), (J) and (c)(1)(D), is Pub. L. 98-547, Oct. 25, 1984, 98 Stat. 2754. Titles II and III of that act enacted sections 511, 512, 553, and 2320 [now 2321] of Title 18, Crimes and Criminal Procedure, and section 1627 of Title 19, Customs Duties, and amended sections 1961, 2311, and 2313 of Title 18. For complete classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1901 of this title and Tables.

CHAPTER 47-CONSUMER PRODUCT SAFETY

§ 2052. Definitions

(a) For purposes of this chapter:

(1) The term "consumer product" means any article, or component part thereof, produced or distributed (i) for sale to a consumer for use in or around a permanent or temporary household or residence, a school, in recreation, or otherwise, or (ii) for the personal use, consumption or enjoyment of a consumer in or around a permanent or temporary household or residence, a school, in recreation, or otherwise; but such term does not include

[See main edition for text of (A) to (D)]

(E) any article which, if sold by the manufacturer, producer, or importer, would be subject to the tax imposed by section 4181 of the Internal Revenue Code of 1986 [26 U.S.C. 4181] (determined without regard to any exemptions from such tax provided by section 4182 or 4221, or any other provision of such Code), or any component of any such article,

[See main edition for text of (F)]

(G) boats which could be subjected to safety regulation under chapter 43 of title 46; vessels, and appurtenances to vessels (other than such boats), which could be subjected to safety regulation under title 52 of the Revised Statutes or other marine safety statutes administered by the department in which the Coast Guard is operating; and equipment (including associated equipment, as defined in section 2101(1) of title 46) to the extent that a risk of injury associated with the use of such equipment on boats or vessels could be eliminated or reduced by actions taken under any statute referred to in this subparagraph,

[See main edition for text of (H) and (I),
concluding par., (2) to (14); (b); credits]

(As amended Pub. L. 99-514, § 2, Oct. 22, 1986, 100 Stat. 2095.)

REFERENCES IN TEXT

Title 52 of the Revised Statutes, referred to in subsec. (a)(1)(G), consisted of R.S. §§ 4399 to 4500, which were classified to sections 170, 214, 215, 222, 224, 224a, 226, 228, 229, 230 to 234, 239, 240, 361, 362, 364, 371 to 373, 375 to 382, 384, 385, 391, 391a, 392 to 394, 399 to 404, 405 to 416, 435 to 440, 451 to 453, 460, 461 to 463, 464, 466, 467 to 482, and 489 to 498 of former Title 46, Shipping. For complete classification of R.S. §§ 4399 to 4500 to the Code, see Tables. A majority of such sections of the Revised Statutes were repealed and various provisions thereof were reenacted in Title 46, Shipping, by Pub. L. 98-89, Aug. 26, 1983, 97 Stat. 500. For disposition of sections of former Title 46 into revised Title 46, Shipping, see Table at beginning of Title 46.

CODIFICATION

In subsec. (a)(1)(G), “chapter 43 of title 46" and "section 2101(1) of title 46" were substituted for "the Federal Boat Safety Act of 1971 (46 U.S.C. 1451 et seq.)" and "section 3(8) of the Federal Boat Safety Act of 1971 [46 U.S.C. 1452(8)]", respectively, on authority of Pub. L. 98–89, § 2(b), Aug. 26, 1983, 97 Stat. 598, section 1 of which enacted Title 46, Shipping.

AMENDMENTS

1986-Subsec. (a)(1)(E). Pub. L. 99-514 substituted "Internal Revenue Code of 1986" for "Internal Revenue Code of 1954".

§ 2054. Product safety information and research ADDITIONAL REPORTING TIME

Pub. L. 99-500, § 110, Oct. 18, 1986, 100 Stat. 1783-348, and Pub. L. 99-591, § 110, Oct. 30, 1986, 100 Stat. 3341-348, provided that: "The Interagency Committee on Cigarette and Little Cigar Fire Safety, established pursuant to Public Law 98-567 [set out as a note below], shall have an additional six months to complete its final technical report and submit policy recommendations to the Congress."

CIGARETTE SAFETY ACT OF 1984

Pub. L. 98-567, Oct. 30, 1984, 98 Stat. 2925, provided: "That this Act [this note] may be cited as the 'Cigarette Safety Act of 1984'.

"SEC. 2. (a) There is established the Interagency Committee on Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred to as the 'Interagency Committee') which shall consist of

"(1) the Chairman of the Consumer Product Safety Commission, who shall be the Chairman of the Interagency Committee;

"(2) the United States Fire Administrator in the Federal Emergency Management Agency, who shall be the Vice Chairman of the Interagency Committee; and

"(3) the Assistant Secretary of Health in the Department of Health and Human Services.

"(b) The Interagency Committee shall direct, oversee, and review the work of the Technical Study Group on Cigarette and Little Cigar Fire Safety (established under section 3) conducted under section 4 and shall make such policy recommendations to the Congress as it deems appropriate. The Interagency Committee may retain and contract with such consultants as it deems necessary to assist the Study Group in carrying out its functions under section 4. The Interagency Committee may request the head of any Federal department or agency to detail any of the personnel of the department or agency to assist the Interagency Committee or the Study Group in carrying out its responsibilities. The authority of the Interagency Committee to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.

"(c) For the purpose of carrying out section 4, the Interagency Committee or the Study Group, with the advice and consent of the Interagency Committee, may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence, as the Interagency Committee or the Study Group considers appropriate.

"SEC. 3. (a) There is established the Technical Study Group on Cigarette and Little Cigar Fire Safety (hereinafter in this Act referred to as the 'Study Group') which shall consist of

"(1) one scientific or technical representative each from the Consumer Product Safety Commission, the Center for Fire Research of the National Bureau of Standards, the National Cancer Institute, the Federal Trade Commission, and the Federal Emergency Management Agency, the appointment of whom shall be made by the heads of those agencies;

"(2) four scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, from a list of individuals submitted by the Tobacco Institute;

"(3) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the American Burn Association, the American Public Health Association, and the American Medical Association;

"(4) two scientific or technical representatives appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, who are selected from lists of individuals submitted by the following organizations: the National Fire Protection Association, the International Association of Fire Chiefs, the International Association of Fire Fighters, the International Society of Fire Service Instructors, and the National Volunteer Fire Council; and

"(5) one scientific or technical representative appointed by the Chairman of the Interagency Committee, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the Business and Institutional Furniture Manufacturers Association and one scientific or technical representative appointed by the Chairman, by and with the advice and consent of the Interagency Committee, from lists of individuals submitted by the American Furniture Manufacturers Association. "(b) The persons appointed to serve on the Study Group may designate, with the advice and consent of the Interagency Committee, from among their number such persons to serve as team leaders, coordinators, or chairpersons as they deem necessary or appropriate to carry out the Study Group's functions under section 4.

"SEC. 4. The Study Group shall undertake, subject to oversight and review by the Interagency Committee, such studies and other activities as it considers necessary and appropriate to determine the technical and commercial feasibility, economic impact, and other consequences of developing cigarettes and little cigars that will have a minimum propensity to ignite upholstered furniture or mattresses. Such activities include identification of the different physical characteristics of cigarettes and little cigars which have an impact on the ignition of upholstered furniture and mattresses, an analysis of the feasibility of altering any pertinent characteristics to reduce ignition propensity, and an analysis of the possible costs and benefits, both to the industry and the public, associated with any such product modification.

"SEC. 5. The Interagency Committee shall submit one year after the date of enactment of this Act [Oct. 30, 1984] a status report to the Senate and the House of Representatives describing the activities undertaken under section 4 during the preceding year. The