S.Amdt. 2152

1. Adds SEC. __. ALL-TERRAIN VEHICLES wherever appropriate

   Adds a section

   Inserted: SEC. __. ALL-TERRAIN VEHICLES.

   Inserted: (a) In General.--Notwithstanding any other provision of law, it is unlawful for any person to import into the United States or any manufacturer or wholesale distributor to distribute in commerce any new assembled or unassembled ATV unless--

   Inserted: (1)(A) with respect to an ATV designed for use by single operator only, such ATV complies with any applicable provision of the American National Standard for Four Wheel All-Terrain Vehicles--Equipment, Configuration, and Performance Requirements developed by the Specialty Vehicle Institute of America (American National Standard ANSI/SVIA-1-2001) or any applicable provision of a revision of such Standard; or

   Inserted: (B) with respect to an ATV designed for use by an operator and passengers, such ATV complies with any applicable provisions of any future American National Standard developed for such vehicles;

   Inserted: (2) with respect to an ATV, it is subject to or covered by a letter of undertaking or an ATV action plan that--

   Inserted: (A) applies to such ATV;

   Inserted: (B) includes actions to promote ATV safety; and

   Inserted: (C)(i) was submitted to the Commission and implemented prior to September 23, 2005; or

   Inserted: (ii) is approved by the Commission and is substantially implemented at the time of the import into the United States or the distribution in commerce of such ATV; and

   Inserted: (3) such ATV bears a permanent label certifying that it complies with the provisions of paragraphs (1) and (2).

   Inserted: (b) Definitions.--In this section:

   Inserted: (1) ATV.--The term "ATV" means any motorized, off-highway, all-terrain vehicle designed to travel on 4 wheels, having a seat designed to be straddled by the operator and handlebars for steering control and does not include a prototype of an motorized, off-highway, all-terrain vehicle or other off-highway, all-terrain vehicle that is intended exclusively for research and development purposes.

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   Inserted: (2) Commission, distribution in commerce, to distribute in commerce, import, united states.--The terms "Commission", "distribution in commerce", "to distribute in commerce", "import", and "United States" have the meaning given those terms in section 3(a) of the Consumer Product Safety Act (15 U.S.C. 2052(a)).

   Inserted: (c) Violation of CPSA.--Any violation of subsection (a) shall be considered to be a prohibited act within the meaning of section 19 of the Consumer Product Safety Act (15 U.S.C. 2068) and shall be subject to the penalties and remedies available for prohibited acts under the Consumer Product Safety Act.

   Inserted: (d) Violation of Customs Laws.--The importation of an ATV into the United States in violation of subsection (a) shall be a violation of the customs laws of the United States and any applicable provisions thereof.

   Inserted: (e) Effective Date.--This section shall become effective 90 days after the date of the enactment of this Act.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed