S.Amdt. 1727
What it does: Adds SEC. ___. CONSUMER COMPLAINT INFORMATION DISCLOSURE wherever appropriateWhat it changes
1 change to S. 1813
Adds SEC. ___. CONSUMER COMPLAINT INFORMATION DISCLOSURE wherever appropriate
Adds a sectionInserted: SEC. ___. CONSUMER COMPLAINT INFORMATION DISCLOSURE.
Inserted: (a) In General.--Notwithstanding any other provision of law, the Secretary shall, not later than 180 days after the date of the enactment of this Act, permit persons who file motor vehicle defect information with the Department of Transportation with regard to safety defects in motor vehicles and motor vehicle equipment, the option to release their personal identification information to the public, to the motor vehicle manufacturer, or both.
Inserted: (b) Consumer Authorization and Information Release.--
Inserted: (1) Modification of systems of records and information collection forms.--The Secretary shall revise any and all systems of records and information collection forms, whether paper or electronic, used by the Department of Transportation to obtain motor vehicle defect information from vehicle owners and consumers, including the vehicle owner's questionnaire, to include 2 separate statements that authorize the Secretary, at the option of the person submitting the defect information form, to release the personal identification information included on the defect information form.
Inserted: (2) Separate statements.--The 2 statements required by paragraph (1) shall separately permit the person submitting the form to authorize the Secretary to release the personal identification information contained in the defect information form--
Inserted: (A) to the public; and
Inserted: (B) to the manufacturer of the motor vehicle that is the subject of the defect information collection form.
Inserted: (c) Manner and Content of Disclosure.--
Inserted: (1) Disclosure to public.--In the case of a person filing a defect information form that authorizes the Secretary to make the person's personal identification information available to the public, the Secretary shall make the personal identification information on that form, along with the information describing the defect, available on a searchable database that is accessible to the public.
Inserted: (2) Disclosure to manufacturers.--In the case of a person filing a defect information form that authorizes the Secretary to make the person's personal identification information available to the manufacturer of the motor vehicle that is the subject of the defect information form, the Secretary shall provide a copy of the safety defect information form, along with the information describing the safety defect and the personal identification information provided by the person filing the defect information form, to such manufacturer.
Inserted: (3) Content.--The personal information of a person filing a defect information form disclosed under this section, at the option of the person filing the defect information form, shall include the following:
Inserted: (A) The name of the person.
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Inserted: (B) The street address of the person.
Inserted: (C) The e-mail address of the person.
Inserted: (D) The telephone number of the person.
Inserted: (E) The vehicle identification number of the motor vehicle described in the safety defect information form.
Inserted: (d) Consumer Notice.--The Secretary shall ensure that the statements authorizing the release of personal identification information under subsection (b) provide the person filing the safety defect information form with the following:
Inserted: (1) A notice of the person's option to authorize the release of the person's personal identification information in a manner that is easily understandable by a typical reader of the notice.
Inserted: (2) A description of the personal identification information items listed in subsection (c)(3) that will be released in the event the person filing the safety defect information form authorizes the Secretary to disclose the information.
Inserted: (e) Information From States and Consumer Groups.--
Inserted: (1) In general.--The Secretary shall include in the database required by subsection (c)(1) defect information on individual consumer complaints of motor vehicle defects that are submitted to the Department of Transportation by States and other governmental agencies, and by consumer, safety, and other non-governmental organizations.
Inserted: (2) Personal information.--Personal identification information described in subsection (c)(3) that is included in defect information provided to the Department of Transportation by State and other governmental agencies, and by consumer, safety, and other non-governmental organizations, shall be included in the searchable database required by subsection (c)(1) if such information is made public with the consent of the person who provided the information to the State, other governmental agency or consumer, safety, or other non-governmental organization.
The amendment doesn't say where this goes; the clerk decides.
Original wording
At the appropriate place, insert the following:
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As printed
SA 1727. Mr. BLUMENTHAL submitted an amendment intended to be proposed by him to the bill S. 1813, to reauthorize Federal-aid highway and highway safety construction programs, and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. ___. CONSUMER COMPLAINT INFORMATION DISCLOSURE.
(a) In General.--Notwithstanding any other provision of law, the Secretary shall, not later than 180 days after the date of the enactment of this Act, permit persons who file motor vehicle defect information with the Department of Transportation with regard to safety defects in motor vehicles and motor vehicle equipment, the option to release their personal identification information to the public, to the motor vehicle manufacturer, or both.
(b) Consumer Authorization and Information Release.--
(1) Modification of systems of records and information collection forms.--The Secretary shall revise any and all systems of records and information collection forms, whether paper or electronic, used by the Department of Transportation to obtain motor vehicle defect information from vehicle owners and consumers, including the vehicle owner's questionnaire, to include 2 separate statements that authorize the Secretary, at the option of the person submitting the defect information form, to release the personal identification information included on the defect information form.
(2) Separate statements.--The 2 statements required by paragraph (1) shall separately permit the person submitting the form to authorize the Secretary to release the personal identification information contained in the defect information form--
(A) to the public; and
(B) to the manufacturer of the motor vehicle that is the subject of the defect information collection form.
(c) Manner and Content of Disclosure.--
(1) Disclosure to public.--In the case of a person filing a defect information form that authorizes the Secretary to make the person's personal identification information available to the public, the Secretary shall make the personal identification information on that form, along with the information describing the defect, available on a searchable database that is accessible to the public.
(2) Disclosure to manufacturers.--In the case of a person filing a defect information form that authorizes the Secretary to make the person's personal identification information available to the manufacturer of the motor vehicle that is the subject of the defect information form, the Secretary shall provide a copy of the safety defect information form, along with the information describing the safety defect and the personal identification information provided by the person filing the defect information form, to such manufacturer.
(3) Content.--The personal information of a person filing a defect information form disclosed under this section, at the option of the person filing the defect information form, shall include the following:
(A) The name of the person.
(B) The street address of the person.
(C) The e-mail address of the person.
(D) The telephone number of the person.
(E) The vehicle identification number of the motor vehicle described in the safety defect information form.
(d) Consumer Notice.--The Secretary shall ensure that the statements authorizing the release of personal identification information under subsection (b) provide the person filing the safety defect information form with the following:
(1) A notice of the person's option to authorize the release of the person's personal identification information in a manner that is easily understandable by a typical reader of the notice.
(2) A description of the personal identification information items listed in subsection (c)(3) that will be released in the event the person filing the safety defect information form authorizes the Secretary to disclose the information.
(e) Information From States and Consumer Groups.--
(1) In general.--The Secretary shall include in the database required by subsection (c)(1) defect information on individual consumer complaints of motor vehicle defects that are submitted to the Department of Transportation by States and other governmental agencies, and by consumer, safety, and other non-governmental organizations.
(2) Personal information.--Personal identification information described in subsection (c)(3) that is included in defect information provided to the Department of Transportation by State and other governmental agencies, and by consumer, safety, and other non-governmental organizations, shall be included in the searchable database required by subsection (c)(1) if such information is made public with the consent of the person who provided the information to the State, other governmental agency or consumer, safety, or other non-governmental organization.
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Senate amendment submitted
February 17, 2012