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or other relevant federal agency has the discretion to require vendors to include other information inthe notice, and to require further reporting related to any corrective action plan, to ensure that (whennecessary) remedial steps are taken and are adequate.B. Responsible AgencyJust as the EAC, GAO or DOJ would be appropriate agencies to appoint to create and maintainthe database, all three would be appropriate agencies to vest the power to require vendors to provideadditional information in the required notice. Whichever agency is assigned responsibility formaintaining the database and setting notice requirements for vendors should also probably be theagency which receives such notices.C. Analogous RegimesThe same federal agencies that maintain the databases discussed above: NHTSA, the CPSC, andthe FDA, also require manufacturers to report “early warning” and other data directly to them. Ourproposed reporting requirements for voting machine vendors are similar to these regimes, particularlyin respect to the contents of the required notices.There are two types of requirements for reporting problems to NHTSA: reports regarding “earlywarning” data and reports regarding defects. Regarding “early warning data,” rules promulgated bythe Secretary of Transportation 232 under the authority of the TREAD Act 233 require manufacturers tosubmit information on each make and model of vehicle offered for sale in the United States within theprevious two years that details (1) incidents involving death or injury that were alleged or proven to becaused by a possible defect, including foreign incidents occurring in substantially similar or identicalvehicles; (2) property damage claims, warranty claims, and consumer complaints; and (3) field reportsidentifying defects, fires, or rollovers. 234 Requirements for other types of vehicles and equipment suchas child restraints and tires are substantially similar. 235 After submitting a one-time report of historicalinformation covered by the regulations, 236 manufacturers must submit the information described aboveon a quarterly basis. 237If a manufacturer identifies a defect 238 and determines “in good faith” that the defect has an impact onmotor vehicle safety or that the vehicle or equipment does not comply with applicable safety standards,the manufacturer must notify the Secretary of Transportation and all owners, purchasers, and dealersof the vehicle or equipment in question. 239 This notification must contain: (1) a clear description of thedefect or noncompliance; (2) an evaluation of the risk associated with the defect; (3) the measures to betaken to obtain a remedy; (4) a statement that the manufacturer will provide the remedy without charge;(5) the period during which the defect will be remedied without charge; and (6) the procedure fornotifying the Secretary of Transportation of the manufacturer’s failure to remedy a defect as mandatedby law. 240 Depending on the magnitude of the risk presented by the defect and the cost of providingpublic notice relative to number of additional owners the notice is likely to reach, the Secretary ofTransportation may also require manufacturers to provide public notice. 241Reporting requirements to the CPSC are similar to those for NHTSA. Manufacturers who discover thata product does not comply with product safety rules or standards or contains a defect that creates therisk of injury or death are required to inform the CPSC of the problem. 242 If the CPSC determines thatthe noncompliance or defect constitutes a substantial product hazard requiring consumer notification,Brennan Center for Justice | 33