
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7522]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
          SUBCHAPTER II--EMISSION STANDARDS FOR MOVING SOURCES
 
            Part A--Motor Vehicle Emission and Fuel Standards
 
Sec. 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 delivery for 
    introduction, into commerce, or (in the case of any person, except 
    as provided by regulation of the Administrator), the importation 
    into the United States, of any new motor vehicle 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 covered by a certificate of 
    conformity issued (and in effect) under regulations prescribed under 
    this part or part C in the case of clean-fuel vehicles (except as 
    provided in subsection (b) of this section);
        (2)(A) 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;
        (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 perform tests, or have 
    tests performed as required under section 7542 of this title;
        (D) for any manufacturer to fail to make information available 
    as provided by regulation under section 7521(m)(5) of this title;
        (3)(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 
    person knowingly to remove or render inoperative 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 principal effect 
    of the part or component is to bypass, 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 vehicle or new motor 
    vehicle engine subject to standards prescribed under section 7521 of 
    this title or part C of this subchapter--
            (A) to sell or lease any such vehicle or engine unless such 
        manufacturer has complied with (i) the requirements of section 
        7541(a) and (b) of this title with respect to such vehicle or 
        engine, and unless a label or tag is affixed to such vehicle or 
        engine in accordance with section 7541(c)(3) of this title, or 
        (ii) the corresponding requirements of part C of this subchapter 
        in the case of clean fuel vehicles unless the manufacturer has 
        complied with the corresponding requirements of part C of this 
        subchapter \1\
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    \1\ So in original. Probably should be followed by a comma.
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            (B) to fail or refuse to comply with the requirements of 
        section 7541(c) or (e) of this title, or the corresponding 
        requirements of part C of this subchapter in the case of clean 
        fuel vehicles \1\
            (C) except as provided in subsection (c)(3) of section 7541 
        of this title and the corresponding requirements of part C of 
        this subchapter in the case of clean fuel vehicles, to provide 
        directly 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 manufactured by such manufacturer or any 
        person acting for such manufacturer or under his control, or 
        conditioned upon service performed 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 corresponding requirements of part C of this 
        subchapter 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 of this 
    subchapter.

No action with respect to any element of design referred to in paragraph 
(3) (including any adjustment 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 vehicle or motor vehicle engine. For 
the purposes of the preceding sentence, the term ``manufacturer parts'' 
means, with respect to a motor vehicle engine, parts produced or sold by 
the manufacturer 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 repair or replace 
any other item and the device or element is replaced upon completion of 
the procedure, and (ii) such action thereafter results in the proper 
functioning of the device or element referred to in paragraph (3). 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 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 
device or element is replaced upon completion of the conversion 
procedure and such action results in proper functioning of the device or 
element when the motor vehicle operates on conventional fuel.

(b) Exemptions; refusal to admit vehicle or engine 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) of this section, upon such terms and 
conditions as he may find necessary for the purpose of research, 
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) of 
this section shall be refused admission into the United States, but the 
Secretary of the Treasury and the Administrator may, by joint 
regulation, provide for deferring final determination as to admission 
and authorizing the delivery of such a motor vehicle or engine offered 
for import to the owner or consignee thereof upon such terms and 
conditions (including the furnishing of a bond) as may appear to them 
appropriate to insure that any such motor vehicle or engine will be 
brought into conformity with the standards, requirements, and 
limitations applicable to it under this part. The Secretary of the 
Treasury shall, if a motor vehicle or engine is finally refused 
admission under this paragraph, cause disposition thereof in accordance 
with the customs laws unless 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 regulations, 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) of this section, 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 comply with the standards of such country which 
is to receive such vehicle or engine.

(July 14, 1955, ch. 360, title II, Sec. 203, as added Pub. L. 89-272, 
title I, Sec. 101(8), Oct. 20, 1965, 79 Stat. 993; amended Pub. L. 90-
148, Sec. 2, Nov. 21, 1967, 81 Stat. 499; Pub. L. 91-604, Secs. 7(a), 
11(a)(2)(A), 15(c)(2), Dec. 31, 1970, 84 Stat. 1693, 1705, 1713; Pub. L. 
95-95, title II, Secs. 206, 211(a), 218(a), (d), 219(a), (b), Aug. 7, 
1977, 91 Stat. 755, 757, 761, 762; Pub. L. 95-190, Sec. 14(a)(66)-(68), 
Nov. 16, 1977, 91 Stat. 1403; Pub. L. 101-549, title II, Secs. 228(a), 
(b), (e), 230(6), Nov. 15, 1990, 104 Stat. 2507, 2511, 2529.)

                          Codification

    Section was formerly classified to section 1857f-2 of this title.


                               Amendments

    1990--Subsec. (a). Pub. L. 101-549, Sec. 228(b)(2), inserted two 
sentences at end which set forth conditions under which actions with 
respect to devices or elements of design, referred to in par. (3), would 
not be deemed prohibited acts.
    Subsec. (a)(1). Pub. L. 101-549, Sec. 228(e)(1), inserted ``or part 
C of this subchapter in the case of clean-fuel vehicles'' before 
``(except''.
    Subsec. (a)(2). Pub. L. 101-549, Sec. 228(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``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;''.
    Subsec. (a)(3). Pub. L. 101-549, Sec. 228(b)(1), amended par. (3) 
generally. Prior to amendment, par. (3) read as follows:
    ``(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 manufacturer or 
dealer knowingly to remove or render inoperative 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 repairing, 
servicing, selling, leasing, or trading motor vehicles or motor vehicle 
engines, or who operates a fleet of motor vehicles, knowingly 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 following its sale and delivery to the ultimate 
purchaser; or''.
    Subsec. (a)(4). Pub. L. 101-549, Sec. 228(e)(2), inserted ``part C 
of this subchapter'' after ``section 7521 of this title''.
    Subsec. (a)(4)(A). Pub. L. 101-549, Sec. 228(e)(3), inserted cl. (i) 
designation and added cl. (ii).
    Subsec. (a)(4)(B). Pub. L. 101-549, Sec. 228(e)(4), inserted at end 
``or the corresponding requirements of part C of this subchapter in the 
case of clean fuel vehicles''.
    Subsec. (a)(4)(C). Pub. L. 101-549, Sec. 228(e)(5), inserted ``and 
the corresponding requirements of part C of this subchapter in the case 
of clean fuel vehicles'' after ``section 7541 of this title''.
    Subsec. (a)(4)(D). Pub. L. 101-549, Sec. 228(e)(6), inserted ``or 
the corresponding requirements of part C of this subchapter in the case 
of clean fuel vehicles'' before ``with respect to any vehicle''.
    Subsec. (a)(5). Pub. L. 101-549, Sec. 228(e)(7), added par. (5).
    Subsec. (c). Pub. L. 101-549, Sec. 230(6), struck out subsec. (c) 
which related to exemptions to permit modifications of emission control 
devices or systems.
    1977--Subsec. (a). Pub. L. 95-190, Sec. 14(a)(68), in closing text 
inserted a period after ``section 7549 of this title''.
    Pub. L. 95-95, Secs. 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 adjustment or alteration of such 
element) be treated as a prohibited act under par. (3) if the action is 
in accordance 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, Sec. 14(a)(66), substituted 
``purchaser;'' for ``purchaser,''.
    Subsec. (a)(4)(C). Pub. L. 95-190, Sec. 14(a)(67), inserted ``or'' 
after ``such person,''.
    Subsec. (b)(3). Pub. L. 95-95, Sec. 218(d), substituted ``section 
7521 of this title'' for ``subsection (a) of this section'' and 
``country which is to receive such vehicle or engine'' for ``country of 
export''.
    1970--Subsec. (a)(1). Pub. L. 91-604, Sec. 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 regarding exceptions in the case of importation of new 
motor vehicles or new motor vehicle engines, and substituted 
``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, Sec. 7(a)(2), substituted ``section 
208'' for ``section 207'', both of which, for purposes of codification, 
are translated as ``section 7542 of this title''.
    Subsec. (a)(3). Pub. L. 91-604, Secs. 7(a)(3), 11(a)(2)(A), 
substituted ``part'' for ``subchapter'' and inserted provisions 
prohibiting the knowing removal or inoperation by manufacturers or 
dealers of devices or elements of design after sale and delivery to the 
ultimate purchaser.
    Subsec. (a)(4). Pub. L. 91-604, Sec. 7(a)(4), added par. (4).
    Subsec. (b)(1). Pub. L. 91-604, Secs. 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 ``Secretary''.
    Subsec. (b)(2). Pub. L. 91-604, Secs. 7(a)(6), 11(a)(2)(A), 
15(c)(2), substituted ``Administrator'' for ``Secretary of Health, 
Education, and Welfare'', ``importation or imported by any person'' for 
``importation by a manufacturer'', and ``part'' for ``subchapter''.
    Subsec. (b)(3). Pub. L. 91-604, Sec. 7(a)(7)(A), inserted provision 
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, Sec. 7(a)(7)(B), added subsec. (c).
    1967--Subsec. (a). Pub. L. 90-148 substituted ``conformity with 
regulations prescribed under this subchapter'' for ``conformity with 
regulations prescribed under section 7521 of this title'' in par. (1).


                    Effective Date of 1977 Amendment

    Amendment by Pub. L. 95-95 effective Aug. 7, 1977, except 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, Certifications, Authorizations, Delegations, 
                            and Other Actions

    All rules, regulations, orders, determinations, contracts, 
certifications, authorizations, delegations, or other actions duly 
issued, made, or taken by or pursuant 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 7523, 7524, 7549, 7550, 7587 
of this title.
