S.Amdt. 2350

SA 2350. Mr. REID (for Mr. Nelson (for himself, Mr. Blumenthal, 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. ___. PUBLIC AVAILABILITY OF EARLY WARNING DATA.

(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.
(b) Consultation.--In conducting the rulemaking under
subsection (a), the Secretary shall consult with--
(1) the Director of the Office of Government Information
Services of the National Archives and Records Administration;
and
(2) the Director of the Office of Information Policy of the
Department of Justice.
(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.
(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.

SEC. ___. ADDITIONAL EARLY WARNING REPORTING REQUIREMENTS.

Section 30166(m) is amended--
(1) in paragraph (3)(C)--
(A) by striking ``The manufacturer'' and inserting the
following:
``(i) In general.--The manufacturer''; and
(B) by adding at the end the following:
``(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--

``(I) all initial claim or notice documents (as defined by
the Secretary through regulation) except media reports, that
notified the manufacturer of the incident;
``(II) any police reports or other documents that--

[[Page S5697]]

``(aa) describe or reconstruct the incident (as defined by
the Secretary through regulation);
``(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
``(cc) are in the physical possession or control of the
manufacturer at the time the incident report is submitted;
and

``(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.'';

(2) in paragraph (4), by amending subparagraph (C) to read
as follows:
``(C) Disclosure.--The information provided to the
Secretary under this subsection--
``(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
``(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
(3) by adding at the end the following:
``(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.''.
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 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.
At the appropriate place, insert the following:

SEC. ___. USED PASSENGER MOTOR VEHICLE CONSUMER PROTECTION.

(a) In General.--Section 30120 is amended by adding at the
end the following:
``(k) Limitation on Sale or Lease of Used Passenger Motor
Vehicles.--(1) A dealer may not sell or lease a used
passenger motor vehicle until any defect or noncompliance
determined under section 30118 with respect to the vehicle
has been remedied.
``(2) Paragraph (1) shall not apply if--
``(A) the recall information regarding a used passenger
motor vehicle was not accessible at the time of sale or lease
using the means established by the Secretary under section
31301 of the Moving Ahead for Progress in the 21st Century
Act (49 U.S.C. 30166 note); or
``(B) notification of the defect or noncompliance is
required under section 30118(b), but enforcement of the order
is set aside in a civil action to which 30121(d) applies.
``(3) Notwithstanding section 30102(a)(1), in this
subsection--
``(A) the term `dealer' means a person that has sold at
least 10 motor vehicles to 1 or more consumers during the
most recent 12-month period; and
``(B) the term `used passenger motor vehicle' means a motor
vehicle that has previously been purchased other than for
resale.
``(4) By rule, the Secretary may exempt the auctioning of a
used passenger motor vehicle from the requirements under
paragraph (1) to the extent that the exemption does not harm
public safety.''.
(b) Effective Date.--The amendment made by subsection (a)
of this section shall take effect on the date that is 18
months after the date of enactment of this Act.
At the appropriate place, insert the following:

SEC. ___. IMMINENT HAZARD AUTHORITY.

Section 30118(b) is amended--
(1) in paragraph (1), by striking ``(1) The Secretary may''
and inserting ``(1) In general.--Except as provided under
paragraph (3), the Secretary may'';
(2) in paragraph (2), by inserting ``Orders.--'' before
``If the Secretary''; and
(3) by adding after paragraph (2) the following:
``(3) Imminent hazards.--
``(A) Decisions and orders.--If the Secretary makes an
initial decision that a defect or noncompliance, or
combination of both, under subsection (a) presents an
imminent hazard, the Secretary--
``(i) shall notify the manufacturer of a motor vehicle or
replacement equipment immediately under subsection (a);
``(ii) shall order the manufacturer of the motor vehicle or
replacement equipment to immediately--

``(I) give notification under section 30119 of this title
to the owners, purchasers, and dealers of the vehicle or
equipment of the imminent hazard; and

[[Page S5698]]

``(II) remedy the defect or noncompliance under section
30120 of this title;

``(iii) notwithstanding section 30119 or 30120, may order
the time for notification, means of providing notification,
earliest remedy date, and time the owner or purchaser has to
present the motor vehicle or equipment, including a tire, for
remedy; and
``(iv) may include in an order under this subparagraph any
other terms or conditions that the Secretary determines
necessary to abate the imminent hazard.
``(B) Opportunity for administrative review.--Subsequent to
the issuance of an order under subparagraph (A), opportunity
for administrative review shall be provided in accordance
with section 554 of title 5, except that such review shall
occur not later than 10 days after issuance of such order.
``(C) Definition of imminent hazard.--In this paragraph,
the term `imminent hazard' means any condition which
substantially increases the likelihood of serious injury or
death if not remedied immediately.''.
At the appropriate place, insert the following:

SEC. ___. APPLICATION OF REMEDIES FOR DEFECTS AND
NONCOMPLIANCE.

Section 30120(g)(1) is amended by striking ``the motor
vehicle or replacement equipment was bought by the first
purchaser more than 10 calendar years, or''.
At the appropriate place, insert the following:

SEC. ___. COLLISION AVOIDANCE TECHNOLOGIES.

(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking to establish a Federal motor vehicle safety
standard requiring a motor vehicle with a gross vehicle
weight rating greater than 26,000 pounds be equipped with
crash avoidance and mitigation systems, such as forward
collision automatic braking systems and lane departure
warning systems.
(b) Performance and Standards.--The regulations prescribed
under subsection (a) shall establish performance requirements
and standards to prevent collisions with moving vehicles,
stopped vehicles, pedestrians, cyclists, and other road
users.
(c) Effective Date.--The regulations prescribed by the
Secretary under this section shall take effect 2 years after
the date of publication of the final rule.
At the appropriate place, insert the following:

SEC. ___. MOTOR VEHICLE PEDESTRIAN PROTECTION.

Not later than 2 years after the date of the enactment of
this Act, the Secretary, through the Administrator of the
National Highway Traffic Safety Administration, shall issue a
final rule that--
(1) establishes standards for the hood and bumper areas of
motor vehicles, including passenger cars, multipurpose
passenger vehicles, trucks, and buses with a gross vehicle
weight rating of 4,536 kilograms (10,000 pounds) or less, in
order to reduce the number of injuries and fatalities
suffered by pedestrians who are struck by such vehicles; and
(2) considers the protection of vulnerable pedestrian
populations, including children and older adults.
On page 577, strike lines 6 through 17, and insert the
following:
(a) Increase in Civil Penalties.--
(1) In general.--Section 30165(a) is amended--
(A) in paragraph (1)--
(i) in the first sentence--

(I) by inserting ``or causes the violation of'' after
``violates''; and
(II) by striking ``$5,000'' and inserting ``$25,000''; and

(ii) by striking the third sentence;
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``$10,000'' and
inserting ``$100,000''; and
(ii) in subparagraph (B), by striking the second sentence;
and
(C) in paragraph (3)--
(i) in the first sentence, by inserting ``or causes the
violation of'' after ``violates'';
(ii) in the second sentence, by striking ``$5,000'' and
inserting ``$25,000''; and
(iii) by striking the third sentence.
(2) Rule of construction.--Nothing in this subsection may
be construed as preventing the imposition of penalties under
section 30165 of title 49, United States Code, as in effect
before the effective date set forth in subsection (b), prior
to the issuance of a final rule under section 31203(b) of the
Moving Ahead for Progress in the 21st Century Act (49 U.S.C.
30165 note).
On page 579, strike lines 12 through 22, and insert the
following:

SEC. 34213. DIRECT VEHICLE NOTIFICATION OF RECALLS.

(a) Rulemaking.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall initiate a
rulemaking for a regulation to require a warning system in
each new motor vehicle to indicate to the operator in a
conspicuous manner when the vehicle is subject to an open
recall.
(b) Final Rule.--The Secretary shall prescribe final
standards not later than 3 years after the date of enactment
of this Act.
On page 579, strike lines 23 through 26, and insert the
following:

SEC. 34214. UNATTENDED CHILDREN WARNING SYSTEM.

(a) Safety Research Initiative.--Not later than 2 years
after the date of enactment of this Act, the Secretary shall
complete research into the development of performance
requirements to warn a driver that a child or other
unattended passenger remains in a rear seating position after
a vehicle motor is disengaged.
(b) Specifications.--In completing the research under
subsection (a), the Secretary shall consider performance
requirements that--
(1) sense weight, the presence of a buckled seat belt, or
other indications of the presence of a child or other
passenger; and
(2) provide an alert to prevent hyperthermia and
hypothermia that can result in death or severe injuries.
(c) Rulemaking or Report.--
(1) Rulemaking.--Not later than 1 year after the date that
the research under subsection (a) is complete, the Secretary
shall initiate a rulemaking proceeding to issue a Federal
motor vehicle safety standard if the Secretary determines
that such a standard meets the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code. The Secretary
shall complete the rulemaking and issue a final rule not
later than 2 years after the date the rulemaking is
initiated.
(2) Report.--If the Secretary determines that the standard
described in subsection (a) does not meet the requirements
and considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code, the Secretary
shall submit a report describing the reasons for not
prescribing such a standard to--
(A) the Committee on Commerce, Science, and Transportation
of the Senate; and
(B) the Committee on Energy and Commerce of the House of
Representatives.
Beginning on page 565, strike line 1 and all that follows
through page 567, line 14, and insert the following:

SEC. 34205. SAFETY RECALLS.

(a) State Notification of Open Safety Recalls.--
(1) Grant program.--Not later than 2 years after the date
of enactment of this Act, the Secretary shall establish a
grant program for States to notify registered motor vehicle
owners of safety recalls issued by the manufacturers of those
motor vehicles.
(2) Eligibility.--To be eligible for a grant, a State
shall--
(A) submit an application in such form and manner as the
Secretary prescribes;
(B) agree that when a motor vehicle owner registers the
motor vehicle for use in that State, the State will--
(i) search the recall database maintained by the National
Highway Traffic Safety Administration using the motor vehicle
identification number;
(ii) determine all safety recalls issued by the
manufacturer of that motor vehicle that have not been
completed; and
(iii) notify the motor vehicle owner of the safety recalls
described in clause (ii); and
(C) provide such other information or notification as the
Secretary may require.
(b) Recall Completion Pilot Grant Program.--
(1) In general.--The Secretary shall conduct a pilot
program to evaluate the feasibility and effectiveness of a
State process for increasing the recall completion rate for
motor vehicles by requiring each owner or lessee of a motor
vehicle to have repaired any open recall on that motor
vehicle.
(2) Grants.--To carry out this program, the Secretary shall
make a grant to a State to be used to implement the pilot
program described in paragraph (1) in accordance with the
requirements under paragraph (3).
(3) Eligibility.--To be eligible for a grant under this
section, a State shall--
(A) submit an application in such form and manner as the
Secretary prescribes;
(B) meet the requirements and provide notification of
safety recalls to registered motor vehicle owners under the
grant program described in subsection (a);
(C) except as provided in paragraph (4), agree to require,
as a condition of motor vehicle registration, including
renewal, that the motor vehicle owner or lessee complete all
remedies for defects and noncompliance offered without charge
by the manufacturer or a dealer under section 30120 of title
49, United States Code; and
(D) provide such other information or notification as the
Secretary may require.
(4) Exception.--A State may exempt a motor vehicle owner or
lessee from the requirement under paragraph (3)(C) if--
(A) the recall occurred not earlier than 75 days prior to
the registration or renewal date;
(B) the manufacturer, through a local dealership, has not
provided the motor vehicle owner or lessee with a reasonable
opportunity to complete any applicable safety recall remedy
due to a shortage of necessary parts or qualified labor; or
(C) the motor vehicle owner or lessee states that the owner
or lessee has had no reasonable opportunity to complete all
applicable safety recall remedies, in which case the State
may grant a temporary registration, of not more than 90 days,
during which time the motor vehicle owner or lessee shall
complete all applicable safety recall remedies for which the
necessary parts and qualified labor are available.
(5) Award.--In selecting an applicant for award under this
section, the Secretary shall consider the State's methodology
for--
(A) determining safety recalls on a motor vehicle;
(B) informing the owner or lessee of a motor vehicle of the
safety recalls;
(C) requiring the owner or lessee of a motor vehicle to
repair any safety recall

[[Page S5699]]

prior to issuing any registration, approval, document, or
certificate related to a motor vehicle registration renewal;
and
(D) determining performance in increasing the safety recall
completion rate.
(6) Performance period.--A grant awarded under this section
shall require a performance period for at least 2 years.
(7) Report.--Not later than 90 days after the completion of
the performance period under paragraph (6) and the
obligations under the pilot program, the grantee shall
provide to the Secretary a report of performance containing
such information as the Secretary considers necessary to
evaluate the extent to which safety recalls have been
remedied.
(8) Evaluation.--Not later than 1 year after the date the
Secretary receives the report under paragraph (7), the
Secretary shall evaluate the extent to which safety recalls
identified under paragraph (3) have been remedied.
On page 567, strike lines 15 through 18, and insert the
following:

SEC. 34206. RECALL OBLIGATIONS UNDER BANKRUPTCY.

Section 30120A is amended to read as follows:

``Sec. 30120A. Recall obligations and bankruptcy of a
manufacturer

``Notwithstanding any provision of title 11, United States
Code, a manufacturer's duty to comply with section 30112,
sections 30115 through 30121, and section 30166 of this title
shall be enforceable against a manufacturer or a
manufacturer's successors-in-interest whether accomplished by
merger or by acquisition of the manufacturer's stock, the
acquisition of all or substantially all of the manufacturer's
assets or a discrete product line, or confirmation of any
plan of reorganization under section 1129 of title 11.''.
______