Criminal penalty

(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..