[Senate Report 113-144]
[From the U.S. Government Publishing Office]
Calendar No. 342
113th Congress Report
SENATE
2d Session 113-144
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A BILL TO AMEND THE CLEAN AIR ACT TO REMOVE THE REQUIREMENT FOR DEALER
CERTIFICATION OF NEW LIGHT-DUTY MOTOR VEHICLES
_______
April 1, 2014.--Ordered to be printed
_______
Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany H.R. 724]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (H.R. 724) to amend the Clean Air Act to
remove the requirement for dealer certification of new light-
duty motor vehicles, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
General Statement and Background
H.R. 724 would repeal a requirement under the Clean Air Act
that automobile dealers provide purchasers of new light-duty
motor vehicles with a certificate that indicates the vehicle
conforms to federal emissions standards.
H.R. 724 strikes section 207(h)(1) of the Clean Air Act (42
U.S.C.7541(h)), which requires auto dealers, upon sale of each
new light duty motor vehicle, to furnish to the purchaser a
certificate that such motor vehicle conforms to the emissions
standards issued pursuant to section 202 (42 U.S.C. 7521) and
notice of the purchaser's right to have the manufacturer remedy
any non-conformity to section 202 emissions standards at the
cost of the manufacturer during the warranty period.
The certification requirement was added to the Clean Air
Act in the 1977 Amendments. At that time, catalytic converters
for pollution control were often installed at the dealership,
and the certification requirement was intended to hold the
dealers responsible for making sure that the pollution controls
were installed and working. Now, pollution controls are built
into the vehicles by the manufacturers, who are fully
responsible for the functioning of the pollution control
equipment.
In addition, the warranty information on the certificate is
now outdated, and current warranty information is available to
consumers elsewhere. Further, the Environmental Protection
Agency no longer enforces this requirement. No other provisions
of the Clean Air Act are changed by H.R. 724.
Objectives of the Legislation
The goal of the legislation is to remove an unnecessary and
outdated paperwork requirement applicable to new motor vehicle
purchases.
Section-by-Section Analysis
Section 1
Section 1 strikes paragraph 1 of section 207(h) of the
Clean Air Act (42 U.S.C. 7541(h)), which provides that ``[u]pon
the sale of each new light-duty motor vehicle by a dealer, the
dealer shall furnish to the purchaser a certificate that such
motor vehicle conforms to the applicable regulations under
section 7521 of this title, including notice of the purchaser's
rights under [this subsection].''
The section also includes a technical correction, re-
designating current paragraphs (2) and (3) as paragraphs (1)
and (2), respectively.
Legislative History
On February 14, 2013, H.R. 724 was introduced by Rep. Latta
(R-OH) and Rep. Peters (D-MI) and referred to the House
Committee on Energy and Commerce. On December 10 and 11, 2013,
the House Committee on Energy and Commerce met in open markup
session and ordered H.R. 724 reported to the House, without
amendment, by voice vote (H. Rept. 113-320). On January 8,
2014, the House suspended the rules and passed H.R. 724 by a
vote of 405-0. On January 9, 2013 the bill was received in the
Senate and referred to the Committee on Environment and Public
Works. On February 6, 2014, the Committee on Environment and
Public Works met to consider H.R. 724. The bill was ordered to
be reported without amendment favorably.
Hearings
No committee hearings were held on H.R 724.
Rollcall Votes
The Committee on Environment and Public Works met to
consider H.R. 724 on February 6, 2014. The bill was ordered
favorably reported by voice vote. No roll call votes were
taken.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that H.R. 724
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee notes that the Congressional
Budget Office found, ``H.R. 724 contains no intergovernmental
or private-sector mandates as defined in the Unfunded Mandates
Reform Act and would impose no costs on state, local, or tribal
governments.''
February 12, 2014.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 724, an act to
amend the Clean Air Act to remove the requirement for dealer
certification of new light-duty motor vehicles.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
H.R. 724--An act to amend the Clean Air Act to remove the requirement
for dealer certification of new light-duty motor vehicles
H.R. 724 would repeal a requirement under the Clean Air Act
(CAA) that automobile dealers provide purchasers of new light-
duty motor vehicles with a certificate that indicates the
vehicle conforms to federal emissions standards. The
certificate also indicates the purchaser's right to have the
manufacturer fix the vehicle if it does not comply with
emission standards.
According to the Environmental Protection Agency, other
provisions of the CAA ensure that all new vehicles offered for
sale comply with the act. Thus, CBO estimates that repealing
this requirement would have no impact on the federal budget.
Enacting H.R. 724 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
H.R. 724 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
On December 19, 2013, CBO transmitted a cost estimate for
H.R. 724, as ordered reported by the House Committee on Energy
and Commerce on December 11, 2013. The two versions of the
legislation are identical, and the CBO cost estimates are the
same.
The CBO staff contact for this estimate is Susanne S.
Mehlman. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
CLEAN AIR ACT
* * * * * * *
Sec. 101. (a) The Congress finds--
(1)* * *
* * * * * * *
Sec. 207. (a)* * *
* * * * * * *
(h)[(1) Upon the sale of each new light-duty motor vehicle by
a dealer, the dealer shall furnish to the purchaser a
certificate that such motor vehicle conforms to the applicable
regulations under section 202, including notice of the
purchaser's rights under paragraph (2).]
[(2)] (1) If at any time during the period for which the
warranty applies under subsection (b), a motor vehicle fails to
conform to the applicable regulations under section 202 as
determined under subsection (b) of this section such
nonconformity shall be remedied by the manufacturer at the cost
of the manufacturer pursuant to such warranty as provided in
section 207(b)(2) (without regard to subparagraph (C) thereof).
[(3)] (2) Nothing in section 209(a) shall be construed to
prohibit a State from testing, or requiring testing of, a motor
vehicle after the date of sale of such vehicle to the ultimate
purchaser (except that no new motor vehicle manufacturer or
dealer may be required to conduct testing under this
paragraph).
* * * * * * *