Anthony Amoros Law Right to Know Act

other compensation on behalf of residents of the State; or (D) obtain such other legal and equitable relief as the court may consider to be appropriate. (2) Notice.--Before filing an action under this subsection, the attorney general, official, or agency of the State involved shall provide to the Commission a written notice of such action and a copy of the complaint for such action. If the attorney general, official, or agency determines that it is not feasible to provide the notice described in this paragraph before the filing of the action, the attorney general, official, or agency shall provide written notice of the action and a copy of the complaint to the Commission immediately upon the filing of the action. (3) Authority of federal trade commission.-- (A) In general.--On receiving notice under paragraph (2) of an action under this subsection, the Commission shall have the right-- (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (B) Limitation on state action while federal action is pending.--If the Commission or the Attorney General of the United States has instituted a civil action for violation of subsection (a) or a regulation promulgated under such subsection (referred to in this subparagraph as the ``Federal action''), no State attorney general, official, or agency may bring an action under this subsection during the pendency of the Federal action against any defendant named in the complaint in the Federal action for any violation of such subsection or regulation alleged in such complaint. (4) Rule of construction.--For purposes of bringing a civil action under this subsection, nothing in this Act shall be construed to prevent an attorney general, official, or agency of a State from exercising the powers conferred on the attorney general, official, or agency by the laws of such State to conduct investigations, administer oaths and affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (d) Additional Penalty for Death or Paralysis.--In addition to any penalty awarded by the court under subsection (a) or (b), the court may award an additional amount of up to $25,000 for an action that involves death or paralysis. (e) Rule of Construction.--Nothing in this section may be construed as prohibiting, limiting, reducing, or otherwise affecting an action for personal injury or wrongful death. (f) Definition.--In this section: (1) Commission.--The term ``Commission'' means the Federal Trade Commission. (2) Covered motor vehicle.--The term ``covered motor vehicle'' means a motor vehicle manufactured on or after September 1, 1997. (3) Motor vehicle.--The term ``motor vehicle'' has the meaning given that term in section 30102(a) of title 49, United States Code. SEC. 3. CRIMINAL PENALTY. (a) In General.--Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: ``Sec. 1365A. Resale of unsafe motor vehicles ``(a) Offense.--Whoever knowingly sells, through an auction, dealership, individual, or other resale channel, a covered motor vehicle having a covered deficiency without disclosing such deficiency in a written statement or physical disclosure, shall-- ``(1) in the case of an attempt, be fined under this title, imprisoned not more than 10 years, or both; ``(2) if death of an individual results, be fined under this title, imprisoned for any term of years or for life, or both; ``(3) if serious bodily injury, including paralysis, to any individual results, be fined under this title or imprisoned not more than 20 years, or both; and ``(4) in any other case, be fined under this title or imprisoned not more than ten years, or both. ``(b) Definition.--In this section: ``(1) Covered deficiency.--The term `covered deficiency' means, with respect to a covered vehicle, that the vehicle-- ``(A) does not have a functional airbag system; and ``(B) does not have an inflatable restraint system or contains a non-functioning inflatable restraint system. ``(2) Covered motor vehicle.--The term `covered motor vehicle' means a motor vehicle manufactured on or after September 1, 1997. ``(3) Motor vehicle.--The term `motor vehicle' has the meaning given that term in section 30102(a) of title 49. ``(4) Physical disclosure.--The term `physical disclosure' means a conspicuous sign affixed to the windshield of a vehicle. ``(5) Written statement.--The term `written statement' means a statement in at least ten-point bold face type that appears on the front of a sales contract, receipt, invoice, or other sale document.''. (b) Clerical Amendment.--The table of sections for chapter 65 of title 18, United States Code, is amended by inserting after the item related to section 1365 the following: ``1365A. Resale of unsafe motor vehicles.''. <all>