42 U.S.C. § 7522 — Prohibited acts

Page 7324 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7522 1 So in original. Probably should be followed by a comma. sider beginning work on a rulemaking under the Clean Air Act to establish new greenhouse gas emissions standards for heavy-duty engines and vehicles to begin as soon as model year 2030. (b) The Secretary of Transportation shall, as appro- priate and consistent with applicable law, consider be- ginning work on a rulemaking under EISA to establish new fuel efficiency standards for medium- and heavy- duty engines and vehicles to begin as soon as model year 2030. SEC. 5. Rulemaking Targets. (a) With respect to the rulemaking described in section 3(a) of this order, the Administrator of the EPA shall, as appropriate and consistent with applicable law, consider issuing a no- tice of proposed rulemaking by January 2022 and any final rulemaking by December 2022. (b) With respect to the other rulemakings described in section 2 and section 4 of this order, the Secretary of Transportation and the Administrator of the EPA shall, as appropriate and consistent with applicable law, consider issuing any final rulemakings no later than July 2024. SEC. 6. Coordination and Engagement. (a) The Sec- retary of Transportation and the Administrator of the EPA shall coordinate, as appropriate and consistent with applicable law, during the consideration of any rulemakings pursuant to this order. (b) The Secretary of Transportation and the Adminis- trator of the EPA shall consult with the Secretaries of Commerce, Labor, and Energy on ways to achieve the goals laid out in section 1 of this order, to accelerate innovation and manufacturing in the automotive sec- tor, to strengthen the domestic supply chain for that sector, and to grow jobs that provide good pay and ben- efits. (c) Given the significant expertise and historical leadership demonstrated by the State of California with respect to establishing emissions standards for light-, medium-, and heavy-duty vehicles, the Adminis- trator of the EPA shall coordinate the agency’s activi- ties pursuant to sections 2 through 4 of this order, as appropriate and consistent with applicable law, with the State of California as well as other States that are leading the way in reducing vehicle emissions, includ- ing by adopting California’s standards. (d) In carrying out any of the actions described in this order, the Secretary of Transportation and the Ad- ministrator of the EPA shall seek input from a diverse range of stakeholders, including representatives from labor unions, States, industry, environmental justice organizations, and public health experts. SEC. 7. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 7522. Prohibited acts (a) Enumerated prohibitions The following acts and the causing thereof are prohibited— (1) in the case of a manufacturer of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or deliv- ery for introduction, into commerce, or (in the case of any person, except as provided by regu- lation of the Administrator), the importation into the United States, of any new motor vehi- cle or new motor vehicle engine, manufactured after the effective date of regulations under this part which are applicable to such vehicle or engine unless such vehicle or engine is cov- ered by a certificate of conformity issued (and in effect) under regulations prescribed under this part or part C in the case of clean-fuel ve- hicles (except as provided in subsection (b)); (2)(A) for any person to fail or refuse to per- mit access to or copying of records or to fail to make reports or provide information re- quired under section 7542 of this title; (B) for any person to fail or refuse to permit entry, testing or inspection authorized under section 7525(c) of this title or section 7542 of this title; (C) for any person to fail or refuse to per- form tests, or have tests performed as required under section 7542 of this title; (D) for any manufacturer to fail to make in- formation available as provided by regulation under section 7521(m)(5) of this title; (3)(A) for any person to remove or render in- operative any device or element of design in- stalled on or in a motor vehicle or motor vehi- cle engine in compliance with regulations under this subchapter prior to its sale and de- livery to the ultimate purchaser, or for any person knowingly to remove or render inoper- ative any such device or element of design after such sale and delivery to the ultimate purchaser; or (B) for any person to manufacture or sell, or offer to sell, or install, any part or component intended for use with, or as part of, any motor vehicle or motor vehicle engine, where a prin- cipal effect of the part or component is to by- pass, defeat, or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter, and where the person knows or should know that such part or component is being offered for sale or installed for such use or put to such use; or (4) for any manufacturer of a new motor ve- hicle or new motor vehicle engine subject to standards prescribed under section 7521 of this title or part C— (A) to sell or lease any such vehicle or en- gine unless such manufacturer has complied with (i) the requirements of section 7541(a) and (b) of this title with respect to such ve- hicle or engine, and unless a label or tag is affixed to such vehicle or engine in accord- ance with section 7541(c)(3) of this title, or (ii) the corresponding requirements of part C in the case of clean fuel vehicles unless the manufacturer has complied with the cor- responding requirements of part C 1 (B) to fail or refuse to comply with the re- quirements of section 7541(c) or (e) of this title, or the corresponding requirements of part C in the case of clean fuel vehicles 1 (C) except as provided in subsection (c)(3) of section 7541 of this title and the cor- responding requirements of part C in the Page 7325 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7522 case of clean fuel vehicles, to provide di- rectly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the coverage of any warranty under this chapter is conditioned upon use of any part, component, or system manufac- tured by such manufacturer or any person acting for such manufacturer or under his control, or conditioned upon service per- formed by any such person, or (D) to fail or refuse to comply with the terms and conditions of the warranty under section 7541(a) or (b) of this title or the cor- responding requirements of part C in the case of clean fuel vehicles with respect to any vehicle; or (5) for any person to violate section 7553 of this title, 7554 of this title, or part C of this subchapter or any regulations under section 7553 of this title, 7554 of this title, or part C. No action with respect to any element of design referred to in paragraph (3) (including any ad- justment or alteration of such element) shall be treated as a prohibited act under such paragraph (3) if such action is in accordance with section 7549 of this title. Nothing in paragraph (3) shall be construed to require the use of manufacturer parts in maintaining or repairing any motor ve- hicle or motor vehicle engine. For the purposes of the preceding sentence, the term ‘‘manufac- turer parts’’ means, with respect to a motor ve- hicle engine, parts produced or sold by the man- ufacturer of the motor vehicle or motor vehicle engine. No action with respect to any device or element of design referred to in paragraph (3) shall be treated as a prohibited act under that paragraph if (i) the action is for the purpose of repair or replacement of the device or element, or is a necessary and temporary procedure to re- pair or replace any other item and the device or element is replaced upon completion of the pro- cedure, and (ii) such action thereafter results in the proper functioning of the device or element referred to in paragraph (3). No action with re- spect to any device or element of design referred to in paragraph (3) shall be treated as a prohib- ited act under that paragraph if the action is for the purpose of a conversion of a motor vehicle for use of a clean alternative fuel (as defined in this subchapter) and if such vehicle complies with the applicable standard under section 7521 of this title when operating on such fuel, and if in the case of a clean alternative fuel vehicle (as defined by rule by the Administrator), the de- vice or element is replaced upon completion of the conversion procedure and such action re- sults in proper functioning of the device or ele- ment when the motor vehicle operates on con- ventional fuel. (b) Exemptions; refusal to admit vehicle or en- gine into United States; vehicles or engines intended for export (1) The Administrator may exempt any new motor vehicle or new motor vehicle engine, from subsection (a), upon such terms and conditions as he may find necessary for the purpose of re- search, investigations, studies, demonstrations, or training, or for reasons of national security. (2) A new motor vehicle or new motor vehicle engine offered for importation or imported by any person in violation of subsection (a) shall be refused admission into the United States, but the Secretary of the Treasury and the Adminis- trator may, by joint regulation, provide for de- ferring final determination as to admission and authorizing the delivery of such a motor vehicle or engine offered for import to the owner or con- signee thereof upon such terms and conditions (including the furnishing of a bond) as may ap- pear to them appropriate to insure that any such motor vehicle or engine will be brought into conformity with the standards, require- ments, and limitations applicable to it under this part. The Secretary of the Treasury shall, if a motor vehicle or engine is finally refused ad- mission under this paragraph, cause disposition thereof in accordance with the customs laws un- less it is exported, under regulations prescribed by such Secretary, within ninety days of the date of notice of such refusal or such additional time as may be permitted pursuant to such reg- ulations, except that disposition in accordance with the customs laws may not be made in such manner as may result, directly or indirectly, in the sale, to the ultimate consumer, of a new motor vehicle or new motor vehicle engine that fails to comply with applicable standards of the Administrator under this part. (3) A new motor vehicle or new motor vehicle engine intended solely for export, and so labeled or tagged on the outside of the container and on the vehicle or engine itself, shall be subject to the provisions of subsection (a), except that if the country which is to receive such vehicle or engine has emission standards which differ from the standards prescribed under section 7521 of this title, then such vehicle or engine shall com- ply with the standards of such country which is to receive such vehicle or engine. (July 14, 1955, ch. 360, title II, § 203, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 993; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91–604, §§ 7(a), 11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1693, 1705, 1713; Pub. L. 95–95, title II, §§ 206, 211(a), 218(a), (d), 219(a), (b), Aug. 7, 1977, 91 Stat. 755, 757, 761, 762; Pub. L. 95–190, § 14(a)(66)–(68), Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101–549, title II, §§ 228(a), (b), (e), 230(6), Nov. 15, 1990, 104 Stat. 2507, 2511, 2529.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–2 of this title. AMENDMENTS 1990—Subsec. (a). Pub. L. 101–549, § 228(b)(2), inserted two sentences at end which set forth conditions under which actions with respect to devices or elements of de- sign, referred to in par. (3), would not be deemed pro- hibited acts. Subsec. (a)(1). Pub. L. 101–549, § 228(e)(1), inserted ‘‘or part C in the case of clean-fuel vehicles’’ before ‘‘(ex- cept’’. Subsec. (a)(2). Pub. L. 101–549, § 228(a), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘for any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information, required under section 7542 of this title or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title;’’. Page 7326 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7523 Subsec. (a)(3). Pub. L. 101–549, § 228(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘(A) for any person to remove or render inoperative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compliance with regulations under this subchapter prior to its sale and delivery to the ultimate purchaser, or for any man- ufacturer or dealer knowingly to remove or render in- operative any such device or element of design after such sale and delivery to the ultimate purchaser; or ‘‘(B) for any person engaged in the business of repair- ing, servicing, selling, leasing, or trading motor vehi- cles or motor vehicle engines, or who operates a fleet of motor vehicles, knowingly to remove or render inop- erative any device or element of design installed on or in a motor vehicle or motor vehicle engine in compli- ance with regulations under this subchapter following its sale and delivery to the ultimate purchaser; or’’. Subsec. (a)(4). Pub. L. 101–549, § 228(e)(2), inserted ‘‘or part C’’ after ‘‘section 7521 of this title’’. Subsec. (a)(4)(A). Pub. L. 101–549, § 228(e)(3), inserted cl. (i) designation and added cl. (ii). Subsec. (a)(4)(B). Pub. L. 101–549, § 228(e)(4), inserted at end ‘‘or the corresponding requirements of part C in the case of clean fuel vehicles’’. Subsec. (a)(4)(C). Pub. L. 101–549, § 228(e)(5), inserted ‘‘and the corresponding requirements of part C in the case of clean fuel vehicles’’ after ‘‘section 7541 of this title’’. Subsec. (a)(4)(D). Pub. L. 101–549, § 228(e)(6), inserted ‘‘or the corresponding requirements of part C in the case of clean fuel vehicles’’ before ‘‘with respect to any vehicle’’. Subsec. (a)(5). Pub. L. 101–549, § 228(e)(7), added par. (5). Subsec. (c). Pub. L. 101–549, § 230(6), struck out subsec. (c) which related to exemptions to permit modifica- tions of emission control devices or systems. 1977—Subsec. (a). Pub. L. 95–190, § 14(a)(68), in closing text inserted a period after ‘‘section 7549 of this title’’. Pub. L. 95–95, §§ 206, 211(a), 218(a), 219(a), (b), inserted ‘‘or for any person to fail or refuse to permit entry, testing, or inspection authorized under section 7525(c) of this title’’ in par. (2), designated existing provisions of par. (3) as subpar. (A) and added subpar. (B), added subpars. (C) and (D) in par. (4), and, following par. (4), inserted provisions that no action with respect to any element of design referred to in par. (3) (including ad- justment or alteration of such element) be treated as a prohibited act under par. (3) if the action is in accord- ance with section 7549 of this title and that nothing in par. (3) be construed to require the use of manufacturer parts in maintaining or repairing motor vehicles or motor vehicle engines. Subsec. (a)(3)(B). Pub. L. 95–190, § 14(a)(66), substituted ‘‘purchaser;’’ for ‘‘purchaser,’’. Subsec. (a)(4)(C). Pub. L. 95–190, § 14(a)(67), inserted ‘‘or’’ after ‘‘such person,’’. Subsec. (b)(3). Pub. L. 95–95, § 218(d), substituted ‘‘sec- tion 7521 of this title’’ for ‘‘subsection (a)’’ and ‘‘coun- try which is to receive such vehicle or engine’’ for ‘‘country of export’’. 1970—Subsec. (a)(1). Pub. L. 91–604, § 7(a)(1), struck out reference to the manufacture of new motor vehicles or new motor vehicle engines for sale, inserted provision for issuance by the Administrator of regulations re- garding exceptions in the case of importation of new motor vehicles or new motor vehicle engines, and sub- stituted ‘‘importation’’ into the United States of such units for ‘‘importation for sale or resale’’ into the United States of such units. Subsec. (a)(2). Pub. L. 91–604, § 7(a)(2), substituted ‘‘section 208’’ for ‘‘section 207’’, both of which, for pur- poses of codification, are translated as ‘‘section 7542 of this title’’. Subsec. (a)(3). Pub. L. 91–604, §§ 7(a)(3), 11(a)(2)(A), sub- stituted ‘‘part’’ for ‘‘subchapter’’ and inserted provi- sions prohibiting the knowing removal or inoperation by manufacturers or dealers of devices or elements of design after sale and delivery to the ultimate pur- chaser. Subsec. (a)(4). Pub. L. 91–604, § 7(a)(4), added par. (4). Subsec. (b)(1). Pub. L. 91–604, §§ 7(a)(5), 15(c)(2), struck out reference to the exemption of a class of new motor vehicles or new motor vehicle engines, struck out the protection of the public health and welfare from the enumeration of purposes for which exemptions may be made, and substituted ‘‘Administrator’’ for ‘‘Sec- retary’’. Subsec. (b)(2). Pub. L. 91–604, §§ 7(a)(6), 11(a)(2)(A), 15(c)(2), substituted ‘‘Administrator’’ for ‘‘Secretary of Health, Education, and Welfare’’, ‘‘importation or im- ported by any person’’ for ‘‘importation by a manufac- turer’’, and ‘‘part’’ for ‘‘subchapter’’. Subsec. (b)(3). Pub. L. 91–604, § 7(a)(7)(A), inserted pro- vision that, if the country of export has emission standards which differ from the standards prescribed under subsec. (a), such vehicle or engine must comply with the standards of such country of export. Subsec. (c). Pub. L. 91–604, § 7(a)(7)(B), added subsec. (c). 1967—Subsec. (a). Pub. L. 90–148 substituted ‘‘con- formity with regulations prescribed under this sub- chapter’’ for ‘‘conformity with regulations prescribed under section 7521 of this title’’ in par. (1). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–95 effective Aug. 7, 1977, ex- cept as otherwise expressly provided, see section 406(d) of Pub. L. 95–95, set out as a note under section 7401 of this title. MODIFICATION OR RESCISSION OF RULES, REGULATIONS, ORDERS, DETERMINATIONS, CONTRACTS, CERTIFI- CATIONS, AUTHORIZATIONS, DELEGATIONS, AND OTHER ACTIONS All rules, regulations, orders, determinations, con- tracts, certifications, authorizations, delegations, or other actions duly issued, made, or taken by or pursu- ant to act July 14, 1955, the Clean Air Act, as in effect immediately prior to the date of enactment of Pub. L. 95–95 [Aug. 7, 1977] to continue in full force and effect until modified or rescinded in accordance with act July 14, 1955, as amended by Pub. L. 95–95 [this chapter], see section 406(b) of Pub. L. 95–95, set out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7523. Actions to restrain violations (a) Jurisdiction The district courts of the United States shall have jurisdiction to restrain violations of sec- tion 7522(a) of this title. (b) Actions brought by or in name of United States; subpenas Actions to restrain such violations shall be brought by and in the name of the United States. In any such action, subpenas for wit- nesses who are required to attend a district court in any district may run into any other dis- trict. (July 14, 1955, ch. 360, title II, § 204, as added Pub. L. 89–272, title I, § 101(8), Oct. 20, 1965, 79 Stat. 994; amended Pub. L. 90–148, § 2, Nov. 21, 1967, 81 Stat. 500; Pub. L. 91–604, § 7(b), Dec. 31, 1970, 84 Stat. 1694; Pub. L. 95–95, title II, § 218(b), Aug. 7, 1977, 91 Stat. 761.) Editorial Notes CODIFICATION Section was formerly classified to section 1857f–3 of this title.