Sec. 102. Additional early warning reporting requirements
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Section 30166(m) is amended— in paragraph (3)(C)— by striking The manufacturer and inserting the following: The manufacturer ; and by adding at the end the following: If an incident described in clause
(i)involves a fatality, the Secretary shall require the manufacturer to submit, as part of its incident report— all initial claim or notice documents, as defined by the Secretary through regulation, except media reports, that notified the manufacturer of the incident; any police reports or other documents, as defined by the Secretary through regulation, that relate to the initial claim or notice (except for documents that are protected by the attorney-client privilege or work product privileges that are not already publicly available), that describe or reconstruct the incident, and that are in the actual possession or control of the manufacturer at the time the incident report is submitted; any amendments or supplements, as defined by the Secretary through regulation, to the initial claim or notice documents described in subclause (I), except for— medical documents and bills; property damage invoices or estimates; and documents related to damages; and any police reports or other documents described in subclause
(II)that are obtained by the manufacturer after the submission of its incident report. ; in paragraph (4), by amending subparagraph
(C)to read as follows: The information provided to the Secretary under this subsection shall— be disclosed publicly; and be entered into the early warning reporting database in a manner specified by the Secretary through regulation that is searchable by manufacturer name, vehicle or equipment make and model name, model year, and reported system or component. In administering this subparagraph, the Secretary shall— presume in favor of maximum public availability of information; require the publication of information on incidents involving death or injury; and require the publication of numbers of property damage claims. ; and by adding at the end the following: Any requirement for the Secretary to publicly disclose information under this subsection shall be construed consistently with the requirements of section 552 of title 5. The Secretary shall consider information gathered under this subsection in proceedings described in sections 30118 and 30162. .