This Act may be cited as the Anthony Amoros Law Right to Know Act.

(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)U.S. Code — Title 15, Section 57a(a)(1)(B)View official source on GovInfo) 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.U.S. Code — Title 15, Section 41 and followingView official source on GovInfo) 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.

(a) In general Chapter 65 of title 18, United States Code, is amended by inserting after section 1365 the following: 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..