[Congressional Record (Bound Edition), Volume 146 (2000), Part 15]
[Senate]
[Page 22566]
[From the U.S. Government Publishing Office, www.gpo.gov]



 TRANSPORTATION RECALL ENHANCEMENT ACCOUNTABILITY AND DOCUMENTATION ACT

  Mr. McCAIN. Mr. President, yesterday, the Senate took an important 
and critical step forward to improve our Nation's motor vehicle safety 
laws by passing H.R. 5164, the Transportation Recall Enhancement 
Accountability and Documentation (TREAD) Act. The bill is in response 
to the more than 100 deaths associated with defective Bridgestone/
Firestone tires. During the debate, I intended to include a letter from 
Congressman Bliley, chairman of the House Commerce Committee clarifying 
the intent of a provision of the bill relating to the ability of the 
Department of Transportation to request material from manufacturers. I 
ask that the letter be included in the Record at the conclusion of my 
remarks. The letter makes it clear that the provisions would not enable 
manufacturers to conceal or destroy information requested by the 
Secretary.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:

                                         House of Representatives,


                                        Committee on Commerce,

                                 Washington, DC, October 11, 2000.
     Hon. John McCain,
     Chairman, Senate Committee on Commerce, Science, and 
         Transportation, Washington, DC.
       Dear John: I am writing to clarify the intent of section 
     3(b) of H.R. 5164, the TREAD Act, as passed by the House last 
     night.
       I understand that there are concerns about the Committee's 
     construction of the amendment to section 31066(m)(4)(B) of 
     title 49, United States Code, relating to the Secretary's 
     ability to request information not in possession of the 
     manufacturer. This provision provides, in relevant part, that 
     the Secretary may not ``require a manufacturer * * * to 
     maintain or submit records respecting information not in the 
     possession of the manufacturer.'' This restriction was not 
     intended to provide manufacturers with an easy way to 
     withhold information from the Secretary by destroying or 
     transferring the possession of records; rather, it is 
     intended to ensure that the Secretary does not promulgate 
     requirements that require the manufacturer to submit 
     information not reasonably within its possession or control.
       Further, any orchestrated effort to withhold information 
     from the Secretary with the intent to mislead him, whether 
     through an intentional ``transfer'' of possession or other 
     method, is precisely the kind of activity that could 
     potentially subject a manufacturer to the criminal penalties 
     under section 4 of the bill. The fundamental purpose of this 
     legislation is to ensure that the Secretary receives the 
     information he needs to identify defects related to motor 
     vehicle safety at the earliest possible opportunity.
       I hope that you find this explanation helpful.
           Sincerely,
                                                       Tom Bliley,
     Chairman.

                          ____________________