Home > 106th Congressional Bills > S. 3071 (is) To provide for the appointment of additional Federal circuit and district judges, and for other purposes. [Introduced in Senate] ...S. 3071 (is) To provide for the appointment of additional Federal circuit and district judges, and for other purposes. [Introduced in Senate] ...
106th CONGRESS
2d Session
S. 3070
To amend title 18, United States Code, to establish criminal penalties
for distribution of defective products, to amend chapter 111 of title
28, United States Code, relating to protective orders, sealing of
cases, and disclosures of discovery information in civil actions, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 19, 2000
Mrs. Feinstein (for herself and Mr. Kohl) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to establish criminal penalties
for distribution of defective products, to amend chapter 111 of title
28, United States Code, relating to protective orders, sealing of
cases, and disclosures of discovery information in civil actions, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Defective Product Penalty Act of
2000''.
SEC. 2. DISTRIBUTION OF A DEFECTIVE PRODUCT.
(a) In General.--Chapter 11 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 226. Distribution of a defective product
``(a) Definitions.--In this section:
``(1) Defective product.--The term `defective product'
means a product with some flaw in design, manufacture,
assembly, or instruction that renders the product dangerous to
human life and limb beyond the reasonable and accepted risk
associated with such or similar products lacking such a flaw.
``(2) Serious bodily injury.--The term `serious bodily
injury' means bodily injury that involves--
``(A) a substantial risk of death;
``(B) extreme physical pain; or
``(C) injury to, or impairment of, the function of
a bodily member, organ, or mental faculty.
``(b) Offense.--
``(1) Introduction.--Whoever knowingly and willfully
introduces into interstate commerce a product known by that
person to be a defective product--
``(A) that causes the death of any individual shall
be imprisoned for a term of up to 15 years, fined under
this title, or both; and
``(B) that causes serious bodily injury to any
individual shall be imprisoned for a term of up to 5
years, fined under this title, or both.
``(2) Failure to disclose.--Any person who has authority to
introduce a product into interstate commerce or withdraw or
recall a product from interstate commerce, or who has corporate
responsibility for the product, and who knows that the product
in interstate commerce is a defective product and intentionally
fails to disclose the existence of the defect to the
appropriate regulatory agency, shall--
``(A) if the defective product, after the discovery
and failure to disclose, causes the death of any
individual, be imprisoned for a term of up to 15 years,
fined under this title, or both; and
``(B) if the defective product, after the discovery
and failure to disclose, causes serious bodily injury
to any individual, be imprisoned for a term of up to 5
years, fined under this title, or both.''.
(b) Conforming Amendment.--The chapter analysis for chapter 11 of
title 18, United States Code, is amended by adding at the end the
following:
``226. Distribution of a defective product.''.
SEC. 3. PROTECTIVE ORDERS AND SEALING OF CASES AND SETTLEMENTS RELATING
TO PUBLIC HEALTH OR SAFETY.
(a) Short Title.--This section may be cited as the ``Sunshine in
Litigation Act of 2000''.
(b) Protective Orders and Sealing of Cases.--Chapter 111 of title
28, United States Code, is amended by adding at the end the following:
``Sec. 1660. Protective orders and sealing of cases and settlements
relating to public health or safety
``(a) In General.--A court shall enter an order under rule 26(c) of
the Federal Rules of Civil Procedure restricting the disclosure of
information obtained through discovery, an order approving a settlement
agreement that would restrict the disclosure of such information, or an
order restricting access to court records in a civil case, only after
making particularized findings of fact that--
``(1) the order would not restrict the disclosure of
information that is relevant to the protection of public health
or safety; or
``(2)(A) the public interest in disclosure of potential
health or safety hazards is clearly outweighed by a specific
and substantial interest in maintaining the confidentiality of
the information or records; and
``(B) the protection from disclosure provided by the order
is no broader than necessary to protect the interest in
maintaining confidentiality.
``(b) Period of Effectiveness.--No order under subsection (a)
(other than an order approving a settlement agreement) shall continue
in effect after the entry of final judgment unless, at or after entry
of the order, the court makes a separate particularized finding of fact
that the requirements of paragraph (1) or (2) of subsection (a) have
been met.
``(c) Burden of Proof.--The party that is the proponent for the
entry of an order, as provided under this section, shall have the
burden of proof in obtaining the order.
``(d) No Approval or Enforcement of Agreement To Restrict
Disclosure.--
``(1) In general.--No court of the United States may
approve or enforce any provision of an agreement between or
among parties to a civil action, or approve or enforce an order
subject to subsection (a), that prohibits or otherwise
restricts a party from disclosing any information relevant to
the civil action to any Federal or State agency with authority
to enforce laws regulating an activity relating to such
information.
``(2) Confidentiality.--Any information described in
paragraph (1) that is disclosed to a Federal or State agency
shall be confidential to the extent provided by law.''.
(c) Conforming Amendment.--The table of sections for chapter 111 of
title 28, United States Code, is amended by adding after the item
relating to section 1659 the following:
``1660. Protective orders and sealing of cases and settlements relating
to public health or safety.''.
(d) Effective Date.--The amendments made by this section--
(1) take effect on the date that is 30 days after the date
of enactment of this Act; and
(2) apply only to orders entered in civil actions or
agreements entered into on or after that date.
SEC. 4. MOTOR VEHICLE SAFETY STANDARDS AND COMPLIANCE.
(a) Requirement of Testing Before Certification of Compliance.--
Section 30115 of title 49, United States Code, is amended in the first
sentence by striking ``A manufacturer'' and inserting ``After
conducting appropriate testing, a manufacturer''.
(b) Notification of Defects and Noncompliance.--Section 30118 of
title 49, United States Code, is amended--
(1) in subsections (a), (b)(1), and (c), by inserting ``,
original equipment,'' before ``or replacement equipment'' each
place it appears; and
(2) in subsection (c)--
(A) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(B) by striking ``A manufacturer'' and inserting
the following:
``(1) Actual defects or noncompliance.--A manufacturer'';
and
(C) by adding at the end the following:
``(2) Duty to learn of potential defects or
noncompliance.--A manufacturer of a motor vehicle, original
equipment, or replacement equipment shall--
``(A) review and consider information concerning
motor vehicle accidents or incidents in vehicles or
equipment in cases in which there are serious personal
injuries, deaths, or fires, including information
received from any foreign source, to learn whether the
vehicle or equipment contains a defect or does not
comply with an applicable motor vehicle safety
standard; and
``(B) notify the Secretary if the manufacturer has
reason to believe that a defect or noncompliance may
exist.''.
(c) Extension of Period During Which Remedies for Defects and
Noncompliance Shall Be Provided Without Charge.--Section 30120(g)(1) of
title 49, United States Code, is amended--
(1) by striking ``8 calendar years'' and inserting ``10
calendar years''; and
(2) by striking ``3 calendar years'' and inserting ``5
calendar years''.
(d) Civil Penalty.--Section 30165(a) of title 49, United States
Code, is amended--
(1) in the first sentence, by striking ``$1,000'' and
inserting ``$10,000''; and
(2) by striking the last sentence.
(e) Provision of Copies of All Communications About Defects and
Noncompliance.--Section 30166(f) of title 49, United States Code, is
amended--
(1) by inserting ``(whether the dealers, owners, or
purchasers are located in the United States or in a foreign
country)'' before ``about''; and
(2) by inserting ``in the United States'' before the period
at the end.
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