S.Amdt. 2391Senate114th Congress (2015-2017)

S.Amdt. 2391

What it does: Adds SEC. ___. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY wherever appropriate
Submitted July 26, 2015

What it changes

1 change to H.R. 22

Adds a section
  1. Adds SEC. ___. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY wherever appropriate

    Adds a section

    Inserted: SEC. ___. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.

    Inserted: (a) Short Title.--This section may be cited as the "ROV In-Depth Examination Act of 2015".

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

    Inserted: (1) Commission.--The term "Commission" means the Consumer Product Safety Commission.

    Inserted: (2) Recreational off-highway vehicle and rov.--

    Inserted: (A) In general.--Except as provided in subparagraph (B), the terms "recreational off-highway vehicle" and "ROV" mean a motorized off-highway vehicle that--

    Inserted: (i) is designed to travel on 4 or more tires;

    Inserted: (ii) is intended by the manufacturer for recreational use by 1 or more persons;

    Inserted: (iii) has a steering wheel for steering control;

    Inserted: (iv) has foot controls for throttle and service brake;

    Inserted: (v) has non-straddle seating;

    Inserted: (vi) is capable of traveling faster than 30 miles per hour;

    Show 30 more inserted paragraphs

    Inserted: (vii) has a gross vehicle weight rating that is not greater than 3,750 pounds;

    Inserted: (viii) is less than 80 inches in overall width, exclusive of accessories;

    Inserted: (ix) has an engine displacement that is equal to or less than 61 cubic inches for gasoline fueled engines; and

    Inserted: (x) can be identified by a 17-character personal or vehicle information number.

    Inserted: (B) Exclusion.--The terms "recreational off-highway vehicle" and "ROV" do not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.

    Inserted: (c) Study on Proposed Lateral Stability and Vehicle Handling Requirements.--

    Inserted: (1) Agreement.--The Commission shall seek to enter into an agreement with the National Academy of Sciences to perform the services described in this subsection before the date set forth in paragraph (2)(D).

    Inserted: (2) Study.--

    Inserted: (A) In general.--Under an agreement between the Commission and the National Academy of Sciences, the National Academy of Sciences shall conduct a study on matters concerning the lateral stability and vehicle handling requirements proposed by the Commission in a notice of proposed rulemaking published in the Federal Register November 19, 2014 (79 Fed. Reg. 68964).

    Inserted: (B) Elements.--The study conducted under subparagraph (A) shall determine--

    Inserted: (i) the technical validity of the lateral stability and vehicle handling requirements described in subparagraph (A), for purposes of reducing the risk of ROV rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements; and

    Inserted: (ii) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle's rollover resistance on a progressive scale.

    Inserted: (C) Consultation.--In conducting the study under subparagraph (A), the National Academy of Sciences shall consult with the Administrator of the National Highway Traffic Safety Administration and the Secretary of Defense.

    Inserted: (D) Deadline and report.--Not later than 480 days after the date of the enactment of this Act, the National Academy of Sciences shall--

    Inserted: (i) complete the study under subparagraph (A); and

    Inserted: (ii) submit a report containing the findings of the study to--

    Inserted: (I) the Commission;

    Inserted: (II) the Committee on Commerce, Science, and Transportation of the Senate; and

    Inserted: (III) the Committee on Energy and Commerce of the House of Representatives.

    Inserted: (3) Consideration.--The Commission shall consider the results of the study conducted under this subsection in any subsequent rulemaking regarding the performance or configuration of ROVs, or the provision of point-of-sale information regarding ROV performance.

    Inserted: (4) Alternate contract organization.--

    Inserted: (A) In general.--If the Commission is unable to enter into an agreement described in paragraph (1)(A) with the National Academy of Sciences on terms acceptable to the Commission before the latest date on which the study should be commenced to allow the Academy to complete the study before the date set forth in paragraph (2)(D), the Commission shall seek to enter into such an agreement with another appropriate organization that--

    Inserted: (i) is not part of the Government;

    Inserted: (ii) operates as a not-for-profit entity; and

    Inserted: (iii) has expertise and objectivity comparable to that of the National Academy of Sciences.

    Inserted: (B) Treatment.--If the Commission enters into an agreement with another organization as described in subparagraph (A), any reference in this section to the National Academy of Sciences shall be treated as a reference to the other organization.

    Inserted: (d) No Mandatory Standards Regarding Performance or Configuration of ROVs.--

    Inserted: (1) In general.--The Commission may not establish any standards concerning the performance or configuration of recreational off-highway vehicles until after the completion of the study required under subsection (c).

    Inserted: (2) Scope of prohibition.--The restriction under paragraph (1) includes a prohibition on the exercise of any authority pursuant to section 27(e) of the Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale.

    Inserted: (3) Voluntary standards.--Nothing in this section may be construed as suggesting that ROVs shall not be manufactured in compliance with applicable voluntary standards.

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    Original wording

    At the appropriate place, insert the following:

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As printed

SA 2391. Mr. HELLER (for himself and Mr. Manchin) submitted an amendment intended to be proposed by him to the bill H.R. 22, to amend the Internal Revenue Code of 1986 to exempt employees with health care 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. ___. RECREATIONAL OFF-HIGHWAY VEHICLE STANDARDS STUDY.

(a) Short Title.--This section may be cited as the “ROV In-Depth Examination Act of 2015”.

(b) Definitions.--In this section:

(1) Commission.--The term “Commission” means the Consumer Product Safety Commission.

(2) Recreational off-highway vehicle and rov.--

(A) In general.--Except as provided in subparagraph (B), the terms “recreational off-highway vehicle” and “ROV” mean a motorized off-highway vehicle that--

(i) is designed to travel on 4 or more tires;

(ii) is intended by the manufacturer for recreational use by 1 or more persons;

(iii) has a steering wheel for steering control;

(iv) has foot controls for throttle and service brake;

(v) has non-straddle seating;

(vi) is capable of traveling faster than 30 miles per hour;

(vii) has a gross vehicle weight rating that is not greater than 3,750 pounds;

(viii) is less than 80 inches in overall width, exclusive of accessories;

(ix) has an engine displacement that is equal to or less than 61 cubic inches for gasoline fueled engines; and

(x) can be identified by a 17-character personal or vehicle information number.

(B) Exclusion.--The terms “recreational off-highway vehicle” and “ROV” do not include a prototype of a motorized, off-highway, all-terrain vehicle or other motorized, off-highway, all-terrain vehicle that is intended exclusively for research and development purposes unless the vehicle is offered for sale.

(c) Study on Proposed Lateral Stability and Vehicle Handling Requirements.--

(1) Agreement.--The Commission shall seek to enter into an agreement with the National Academy of Sciences to perform the services described in this subsection before the date set forth in paragraph (2)(D).

(2) Study.--

(A) In general.--Under an agreement between the Commission and the National Academy of Sciences, the National Academy of Sciences shall conduct a study on matters concerning the lateral stability and vehicle handling requirements proposed by the Commission in a notice of proposed rulemaking published in the Federal Register November 19, 2014 (79 Fed. Reg. 68964).

(B) Elements.--The study conducted under subparagraph (A) shall determine--

(i) the technical validity of the lateral stability and vehicle handling requirements described in subparagraph (A), for purposes of reducing the risk of ROV rollovers in the off-road environment, including the repeatability and reproducibility of testing for compliance with such requirements; and

(ii) whether there is a technical basis for the proposal to provide information on a point-of-sale hangtag about a vehicle's rollover resistance on a progressive scale.

(C) Consultation.--In conducting the study under subparagraph (A), the National Academy of Sciences shall consult with the Administrator of the National Highway Traffic Safety Administration and the Secretary of Defense.

(D) Deadline and report.--Not later than 480 days after the date of the enactment of this Act, the National Academy of Sciences shall--

(i) complete the study under subparagraph (A); and

(ii) submit a report containing the findings of the study to--

(I) the Commission;

(II) the Committee on Commerce, Science, and Transportation of the Senate; and

(III) the Committee on Energy and Commerce of the House of Representatives.

(3) Consideration.--The Commission shall consider the results of the study conducted under this subsection in any subsequent rulemaking regarding the performance or configuration of ROVs, or the provision of point-of-sale information regarding ROV performance.

(4) Alternate contract organization.--

(A) In general.--If the Commission is unable to enter into an agreement described in paragraph (1)(A) with the National Academy of Sciences on terms acceptable to the Commission before the latest date on which the study should be commenced to allow the Academy to complete the study before the date set forth in paragraph (2)(D), the Commission shall seek to enter into such an agreement with another appropriate organization that--

(i) is not part of the Government;

(ii) operates as a not-for-profit entity; and

(iii) has expertise and objectivity comparable to that of the National Academy of Sciences.

(B) Treatment.--If the Commission enters into an agreement with another organization as described in subparagraph (A), any reference in this section to the National Academy of Sciences shall be treated as a reference to the other organization.

(d) No Mandatory Standards Regarding Performance or Configuration of ROVs.--

(1) In general.--The Commission may not establish any standards concerning the performance or configuration of recreational off-highway vehicles until after the completion of the study required under subsection (c).

(2) Scope of prohibition.--The restriction under paragraph (1) includes a prohibition on the exercise of any authority pursuant to section 27(e) of the Consumer Product Safety Act (15 U.S.C. 2076(e)) to require ROV manufacturers to provide performance and technical data to prospective purchasers and to the first purchaser of an ROV for purposes other than resale.

(3) Voluntary standards.--Nothing in this section may be construed as suggesting that ROVs shall not be manufactured in compliance with applicable voluntary standards.

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Senate amendment submitted

July 26, 2015

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Senate amendment submitted

July 26, 2015

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Senate amendment submitted

July 26, 2015