S.Amdt. 2286

1. Adds SEC. 34216. PUBLIC AVAILABILITY OF EARLY WARNING DATA on page 582, between lines 13 and 14

   Adds a sectionPrinted page

   Inserted: SEC. 34216. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

   Inserted: (a) Rulemaking.--Not later than 2 years after the date of the enactment of this Act, the Secretary of Transportation shall promulgate regulations establishing categories of information provided to the Secretary under section 30166(m) of title 49, United States Code, as amended by section 34217, which shall be made available to the public. The Secretary may establish categories of information that are exempt from public disclosure under section 552(b) of title 5, United States Code.

   Inserted: (b) Consultation.--In conducting the rulemaking under subsection (a), the Secretary shall consult with--

   Inserted: (1) the Director of the Office of Government Information Services of the National Archives and Records Administration; and

   Inserted: (2) the Director of the Office of Information Policy of the Department of Justice.

   Inserted: (c) Presumption.--In promulgating regulations under subsection (a), vehicle safety defect information related to incidents involving death or injury shall presumptively not be eligible for protection under section 552(b) of title 5, United States Code.

   Inserted: (d) Nullification of Prior Regulations.--Beginning 2 years after the date of the enactment of this Act, the regulations establishing early warning reporting class determinations in appendix C of part 512 of title 49, Code of Federal Regulations, shall have no force or effect.

   Inserted: SEC. 34217. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS.

   Inserted: Section 30166(m) is amended--

   Inserted: (1) in paragraph (3)(C)--

   Inserted: (A) by striking "The manufacturer" and inserting the following:

   Inserted: "(i) In general.--The manufacturer"; and

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   Inserted: (B) by adding at the end the following:

   Inserted: "(ii) Fatal incidents.--If an incident described in clause (i) involves a fatality, the Secretary shall require the manufacturer to submit, as part of its incident report--

   Inserted: "(I) all initial claim or notice documents (as defined by the Secretary through regulation) except media reports, that notified the manufacturer of the incident;

   Inserted: "(II) any police reports or other documents that--

   Inserted: "(aa) describe or reconstruct the incident (as defined by the Secretary through regulation);

   Inserted: "(bb) relate to the initial claim or notice (except for documents that are protected by attorney-client privilege or work product privileges that are not already publicly available); and

   Inserted: "(cc) are in the physical possession or control of the manufacturer at the time the incident report is submitted; and

   Inserted: "(III) any police reports or other documents that describe or reconstruct the incident that are obtained by the manufacturer after the submission of its incident report.";

   Inserted: (2) in paragraph (4), by amending subparagraph (C) to read as follows:

   Inserted: "(C) Disclosure.--The information provided to the Secretary under this subsection--

   Inserted: "(i) shall be disclosed publicly after the Secretary redacts or confirms the redaction of any information that is withholdable under sections 552 and 552a of title 5; and

   Inserted: "(ii) shall be entered into the early warning reporting database in a manner specified by the Secretary through regulation that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and reported system or component."; and

   Inserted: (3) by adding at the end the following:

   Inserted: "(6) Public disclosure of information.--Any requirement for the Secretary to publicly disclose information under this subsection shall be construed in a manner that is consistent with the requirements under sections 552 and 552a of title 5.".

   Original wording

   On page 582, between lines 13 and 14, insert the following:

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As printed