| 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. <all>
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