HouseH.R. 10762119th Congress

Anthony Amoros Law Right to Know Act

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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10762 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10762

To require the seller of a used motor vehicle sold through an auction, 
  dealership, individual sale, or other resale channel to maintain a 
 functional airbag system for the vehicle or clearly disclose when any 
     airbag system is missing or disabled, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2026

  Mr. Lawler introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
   the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL

 
To require the seller of a used motor vehicle sold through an auction, 
  dealership, individual sale, or other resale channel to maintain a 
 functional airbag system for the vehicle or clearly disclose when any 
     airbag system is missing or disabled, 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 ``Anthony Amoros Law Right to Know 
Act''.

SEC. 2. AIRBAG RESALE REQUIREMENTS FOR RESALE OF MOTOR VEHICLES.

    (a) Requirements.--A covered motor vehicle may not be sold through 
an auction, dealership, individual, or other resale channel unless the 
following requirements are met:
            (1) There is a functional airbag system for the vehicle or 
        the seller clearly discloses that the airbag system is missing 
        or disabled.
            (2) The disclosure described in paragraph (1) is a written 
        statement in at least ten-point bold face type that appears on 
        the front of a sales contract, receipt, invoice, or other sale 
        document and any physical disclosure is a conspicuous sign 
        affixed to the windshield of the vehicle.
            (3) The seller discloses if the vehicle does not have an 
        inflatable restraint system or contains a non-functioning 
        inflatable restraint system.
    (b) Enforcement by Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        subsection (a) or a regulation promulgated under such 
        subsection shall be treated as a violation of a regulation 
        under section 18(a)(1)(B) of the Federal Trade Commission Act 
        (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive acts or 
        practices.
            (2) Powers of commission.--The Commission shall enforce 
        subsection (a) and any regulation promulgated under such 
        subsection in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this section. Any person who violates such subsection or a 
        regulation promulgated under such subsection shall be subject 
        to the penalties and entitled to the privileges and immunities 
        provided in the Federal Trade Commission Act.
    (c) Actions by States.--
            (1) In general.--In any case in which the attorney general 
        of a State, or an official or agency of a State, has reason to 
        believe that an interest of the residents of such State has 
        been or is threatened or adversely affected by an act or 
        practice in violation of subsection (a) or a regulation 
        promulgated under such subsection, the State, as parens 
        patriae, may bring a civil action on behalf of the residents of 
        the State in an appropriate State court or an appropriate 
        district court of the United States to--
                    (A) enjoin such act or practice;
                    (B) enforce compliance with such subsection or such 
                regulation;
                    (C) obtain damages, restitution, or 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.''.
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