S.Amdt. 2340

SA 2340. Mr. BLUMENTHAL (for himself, Mr. Nelson, and Mr. Markey)
submitted an amendment intended to be proposed to amendment SA 2266
proposed by Mr. McConnell to the bill H.R. 22, to amend the Internal
Revenue Code of 1986 to exempt employees with health coverage under
TRICARE or the Veterans Administration from being taken into account
for purposes of determining the employers to which the employer mandate
applies under the Patient Protection and Affordable Care Act; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CRIMINAL PENALTIES.

(a) In General.--Part I of title 18, United States Code, is
amended by inserting after chapter 101 the following:

``CHAPTER 101A--REPORTING STANDARDS

``Sec.
``2081. Definitions.
``2082. Failure to inform and warn.
``2083. Relationship to existing law.

``Sec. 2081. Definitions

``In this chapter--
``(1) the term `business entity' means a corporation,
company, association, firm, partnership, sole proprietor, or
other business entity that is a manufacturer;
``(2) the term `covered product' means a motor vehicle,
motor vehicle equipment, or other equipment that--
``(A) is integral to the operation of a motor vehicle;
``(B) is manufactured, assembled, designed, researched,
imported, or distributed by a business entity; and
``(C) enters interstate commerce;
``(3) the term `covered service' means a service that--
``(A) is integral to the operation of a motor vehicle or
motor vehicle equipment;
``(B) is conducted or provided by a business entity; and
``(C) enters interstate commerce;
``(4) the terms `manufacturer', `motor vehicle', and `motor
vehicle equipment' have the meanings given those terms in
section 30102 of title 49;
``(5) the term `NHTSA' means the National Highway Traffic
Safety Administration;
``(6) the term `responsible corporate officer' means a
person who--
``(A) is an employer, director, or officer of a business
entity;
``(B) has the responsibility and authority, by reason of
his or her position in the business entity and in accordance
with the rules or practice of the business entity, to acquire
knowledge of any serious danger associated with a covered
product (or component of a covered product) or covered
service; and
``(C) has the responsibility, by reason of his or her
position in the business entity, to communicate information
about the serious danger to--
``(i) the NHTSA; or
``(ii) individuals who may be exposed to the serious
danger;
``(7) the term `serious bodily injury' means an impairment
of the physical condition of an individual, including as a
result of trauma, repetitive motion, or disease, that--
``(A) creates a substantial risk of death; or
``(B) causes--
``(i) serious permanent disfigurement;
``(ii) unconsciousness;
``(iii) extreme pain; or
``(iv) permanent or protracted loss or impairment of the
function of any bodily member, organ, bodily system, or
mental faculty;
``(8) the term `serious danger' means a danger, not readily
apparent to a reasonable person, that the normal or
reasonably foreseeable use of, or the exposure of an
individual to, a covered product or covered service has an
imminent risk of causing death or serious bodily injury to an
individual; and
``(9) the term `inform individuals' means take reasonable
steps to give, to each individual who is exposed or may be
exposed to a serious danger, a description of the serious
danger that is sufficient to make the individual aware of the
serious danger.

``Sec. 2082. Failure to inform and warn

``(a) Requirement.--After acquiring actual knowledge of a
serious danger associated with a covered product (or
component of a

[[Page S5692]]

covered product) or covered service, a business entity and
any responsible corporate officer with respect to the covered
product or covered service, shall--
``(1) as soon as practicable and not later than 72 hours
after acquiring such knowledge, verbally inform the NHTSA of
the serious danger, unless the business entity or responsible
corporate officer has actual knowledge that the NHTSA has
been so informed;
``(2) not later than 15 days after acquiring such
knowledge, inform the NHTSA in writing of the serious danger,
unless the business entity or responsible corporate officer
has actual knowledge that the NHTSA has been so informed; and
``(3) as soon as practicable, inform individuals who may be
exposed to the serious danger of the serious danger if such
individuals can reasonably be identified, unless the business
entity or responsible corporate officer has actual knowledge
that such individuals have been so warned.
``(b) Penalty.--
``(1) In general.--Whoever knowingly violates subsection
(a) shall be fined under this title, imprisoned for not more
than 5 years, or both.
``(2) Prohibition of payment by business entities.--If a
final judgment is rendered and a fine is imposed on an
individual under this subsection, the fine may not be paid,
directly or indirectly, out of the assets of any business
entity on behalf of the individual.

``Sec. 2083. Relationship to existing law

``(a) Rights To Intervene.--Nothing in this chapter shall
be construed to limit the right of any individual or group of
individuals to initiate, intervene in, or otherwise
participate in any proceeding before a regulatory agency or
court, nor to relieve any regulatory agency, court, or other
public body of any obligation, or affect its discretion to
permit intervention or participation by an individual or a
group or class of consumers, employees, or citizens in any
proceeding or activity.
``(b) Rule of Construction.--Nothing in this chapter shall
be construed to--
``(1) increase the time period for informing of a serious
danger or other harm under any other provision of law; or
``(2) limit or otherwise reduce the penalties for any
violation of Federal or State law under any other provision
of law.''.
(b) Technical and Conforming Amendment.--The table of
chapters for part I of title 18, United States Code, is
amended by inserting after the item relating to chapter 101
the following:

``101A.  Reporting standards................................2081''.....

(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date that is 1 year after
the date of enactment of this Act.
______