[Congressional Record Volume 161, Number 116 (Thursday, July 23, 2015)]
[Senate]
[Pages S5538-S5539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2286. Mr. MARKEY (for himself, Mr. Nelson, and Mr. Blumenthal) 
submitted an amendment intended to be

[[Page S5539]]

proposed by him 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:

       On page 582, between lines 13 and 14, insert the following:

     SEC. 34216. 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. 34217. 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--

       ``(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.''.
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