[Congressional Record Volume 161, Number 118 (Sunday, July 26, 2015)]
[Senate]
[Pages S5725-S5726]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
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;
[[Page S5726]]
(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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