[Senate Report 113-253]
[From the U.S. Government Publishing Office]
113th Congress Report
SENATE
2d Session 113-253
_______________________________________________________________________
Calendar No. 561
RAECHEL AND JACQUELINE HOUCK SAFE RENTAL CAR ACT OF 2013
__________
R E P O R T
OF THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 921
September 15, 2014.--Ordered to be printed
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 561
113th Congress Report
SENATE
2d Session 113-253
======================================================================
RAECHEL AND JACQUELINE HOUCK SAFE RENTAL CAR ACT OF 2013
_______
September 15, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 921]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 921) to amend chapter 301 of
title 49, United States Code, to prohibit the rental of motor
vehicles that contain a defect related to motor vehicle safety,
and for other purposes, having considered the same, reports
favorably thereon without amendment and recommends that the
bill do pass.
Purpose of the Resolution
The purpose of S. 921, the Raechel and Jacqueline Houck Safe
Rental Car Act of 2013, is to amend chapter 301 of title 49,
United States Code, to prohibit the rental of a motor vehicle
that contains a defect related to motor vehicle safety.
Currently, rental companies are not federally mandated to
repair safety defects or to comply with Federal safety
standards following a safety recall.
Background and Needs
S. 921 is named for Raechel and Jacqueline Houck, two sisters
who were killed in 2004 while unknowingly driving an unrepaired
rental car that had been recalled for a power-steering hose
defect. The car caught fire because of the defect while on the
highway, causing a loss of steering and a head-on collision
with a semi-trailer truck. Enterprise later conceded that its
negligence was the sole proximate cause of the fatal injuries.
Current legal requirements for rental companies in the event
of a safety recall differ from those for automobile
manufacturers and dealers. In the case of a safety recall, the
Motor Vehicle Safety Act (MVSA) places the initial burden on
manufacturers and dealers. Manufacturers must notify the
National Highway Traffic Safety Administration (NHTSA) of
vehicle defects and provide: a clear description of the defect;
an evaluation of the safety risk; the measures to be taken to
remedy the defect; a statement that the manufacturer will
remedy all defects without charge; and the earliest date by
which the remedy for the defect will be available to consumers.
The manufacturer must then notify all owners of the affected
vehicles and provide information about the process for
remedying the defect in question. While NHTSA has the authority
to mandate safety recalls if it finds a safety defect or
noncompliance in violation of Federal safety standards, that
authority is rarely used and virtually every recall has been
issued on a voluntary basis.
Federal law also requires automobile dealers to remedy any
safety recalls prior to selling new vehicles. Once a vehicle
has been sold to an end user--whether to consumers or large
purchasers such as rental companies--there is no legal
obligation on vehicle owners to remedy defects. NHTSA may
direct the manufacturer to issue additional notices to owners
who do not remedy such defects, but the decision about whether
to take advantage of the no-cost repair is left to the owner's
discretion.
In 2011, the Government Accountability Office (GAO) issued a
report examining NHTSA's recall process and described the
actions of rental companies subsequent to the receipt of safety
recall notices:
[A]lthough they are not required to remedy a
defect, [the rental companies interviewed for
this report] have developed a system for
dealing with recalls. One company described a
two-tiered system to address safety defects in
which vehicles are placed on a ``soft-hold''--
meaning that the cars can still be rented but
will be put in the queue for service--if the
defect is not a safety issue. If the defect is
a safety issue, these vehicles will be placed
on a ``hard-hold''--meaning that the cars will
be taken out of service immediately and will
not be rented until the repair has been made.
Each of the rental companies described a
similar system that they used to address recall
safety issues.\1\
---------------------------------------------------------------------------
\1\Government Accountability Office, Auto Safety: NHTSA Has Options
to Improve the Safety Defect Recall Process, GAO-11-603, June 15, 2011.
NHTSA wrote to all of the major rental companies requesting
information about their processes and received responses
similar to GAO. As reported in the New York Times, a Hertz
executive noted in the company's response that it could be
difficult to determine which recall was ``a true safety
recall.''\2\ NHTSA responded at the time:
---------------------------------------------------------------------------
\2\``Faced With Recalls, Rental Companies Sometimes Decide to
Wait,'' New York Times, April 19, 2011, at http://
wheels.blogs.nytimes.com/2011/04/19/faced-with-recalls-rental-
companies-sometimes-decide-to-wait.
---------------------------------------------------------------------------
All safety recalls resulting from defects
present an unreasonable risk to safety and we
believe it is inappropriate to suggest that
some defects are not risky enough to require
repair. For the safety of the motoring public,
all recalled vehicles should be fixed
promptly.\3\
---------------------------------------------------------------------------
\3\Id.
Since that time, the major rental companies have changed
their policies, establishing internal procedures to prevent the
rental of recalled vehicles until they are repaired.
Summary of Provisions
S. 921, in effect, would require rental companies to abide by
prohibitions similar to those already in place for automobile
dealers and manufacturers by expanding MVSA's current
prohibition on the sale or lease of new vehicles under recall
to include the rental or sale of such vehicles by rental
companies.
Under the legislation, rental companies would be required to
ground any affected vehicles in their fleet within 24 hours of
receipt of a manufacturer's recall notice. Rental companies
would be allowed up to 48 hours to comply with this requirement
if the recall notice affects more than 5,000 vehicles in their
fleets. The requirements of S. 921 would apply to companies
that rent vehicles weighing 10,000 pounds or less (i.e., cars,
pickup trucks, vans, and sport-utility vehicles) from fleets
consisting of 5 or more vehicles, and for terms of less than 4
months.
If a remedy for a defect or noncompliance is not immediately
available, S. 921 would permit rental companies to rent out
recalled vehicles if they perform temporary repairs that are
specified in the manufacturer's recall notice and eliminate the
safety risk. The bill would also prohibit rental companies from
selling vehicles under a safety recall except when those
vehicles are to be titled as ``junk.''
Additionally, the legislation would expand MVSA's prohibition
on disabling safety features on vehicles to cover rental
vehicles, and would further expand inspection, investigative,
and record-keeping requirements to cover rental companies.
Finally, S. 921 would direct the Department of Transportation
to study the effectiveness of the bill and whether its
provisions should be similarly applied to rental trucks.
Legislative History
Senator Schumer introduced S. 921 on May 9, 2013, with seven
original cosponsors: Senators Blumenthal, Boxer, Casey,
Feinstein, Gillibrand, McCaskill, and Murkowski. It is
identical to legislation introduced by Senator Schumer in
December 2012. The bill has received support from consumer
groups and both major and smaller rental companies.
On May 21, 2013, the Subcommittee on Consumer Protection,
Product Safety, and Insurance of the Senate Committee on
Commerce, Science, and Transportation held a legislative
hearing on S. 921. On July 30, 2013, in an open Executive
Session, the Committee considered the bill and reported S. 921
favorably by voice vote. No amendments were filed.
Estimated Costs
In accordance with paragraph 11(a) of rule XXVI of the
Standing Rules of the Senate and section 403 of the
Congressional Budget Act of 1974, the Committee provides the
following cost estimate, prepared by the Congressional Budget
Office:
S. 921--Raechel and Jacqueline Houck Safe Rental Car Act of 2013
S. 921 would prohibit rental car companies from leasing
vehicles that are subject to a safety recall until the reason
for the recall has been fixed. Under current law, the National
Highway Transportation Safety Administration (NHTSA) within the
Department of Transportation (DOT) has jurisdiction over
vehicle safety recalls. The bill would require NHTSA to
complete a study about the effect of the legislation on rental
car companies and to issue new rules to implement the
legislation.
Based on information from NHTSA, CBO estimates that
implementing S. 921 would cost $2 million over the 2014-2018
period, subject to the availability of appropriated funds.
Because the bill would impose civil penalties on rental car
companies that violate the law, S. 921 could affect revenues;
therefore, pay-as-you-go procedures apply. However, CBO
estimates that any penalties collected under the bill would not
be significant.
S. 921 contains no intergovernmental mandates as defined in
the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments.
The bill would impose private-sector mandates, as defined
in UMRA, on rental car companies because it would prohibit
those companies from selling or renting vehicles that are
subject to a safety recall until the defect is fixed. Under the
bill, rental car companies would be required to stop renting
such vehicles within 24 or 48 hours of receiving a recall
notice, depending on the size of the fleet that would be
affected. Additionally, those companies would be subject to
inspections and reporting requirements. According to industry
sources, the current practices and policies of the rental car
companies comprising most of the industry are consistent with
the provisions in the bill. In addition, much of the industry
already tracks the information that would likely be requested
under the reporting requirements. Because such a large share of
businesses in the industry already abide by most of the
requirements in the bill, CBO estimates that the incremental
cost to comply with the bill's private-sector mandates would
fall below the annual threshold established in UMRA ($150
million in 2013, adjusted annually for inflation).
The CBO staff contacts for this estimate are Sarah Puro
(for federal costs) and Amy Petz (for the private-sector
impact). The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Regulatory Impact Statement
In accordance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee provides the
following evaluation of the regulatory impact of the
legislation, as reported:
The bill, as reported, would require car rental companies to
ground those vehicles that are under safety recall until the
recall is repaired. It would subject rental companies to auto
safety requirements. And it would authorize the Department of
Transportation to issue regulations, as appropriate, to
implement the requirements of the bill.
NUMBER OF PERSONS COVERED
The legislation would apply to rental companies that rent
out or sell vehicles in the United States weighing 10,000
pounds or less and that have fleets consisting of 5 or more
rental vehicles for terms of less than 4 months.
ECONOMIC IMPACT
This legislation is not expected to have an adverse
economic impact on the Nation. It would impact rental companies
to the extent that they change their business practices in
order to ground vehicles subject to a safety recall until the
vehicles are repaired.
PRIVACY
S. 921 would not have a negative impact on the personal
privacy of individuals.
PAPERWORK
The Committee does not anticipate a major increase in
paperwork requirements for private individuals or businesses
due to S. 921. The bill itself does not call for any such
increases, but the Department of Transportation would be
authorized to issue regulations implementing the Act and may
establish paperwork requirements through those regulations. The
bill would create new reporting requirements for the Department
of Transportation. It would authorize the Secretary of
Transportation to conduct a study of the effectiveness of the
Act as well as any other activities of rental companies related
to their use and disposition of motor vehicles. It would
further call on the Secretary to evaluate the completion of
safety recall remedies on rental trucks.
Congressionally Directed Spending
In compliance with paragraph 4(b) of rule XLIV of the
Standing Rules of the Senate, the Committee provides that no
provisions contained in the bill, as reported, meet the
definition of congressionally directed spending items under the
rule.
Section-by-Section Analysis
Section 1. Short title.
The bill, the Raechel and Jacqueline Houck Safe Rental Car
Act of 2013, is named after Raechel and Jacqueline Houck,
sisters from Santa Cruz, California, who were killed when an
unrepaired recalled car they had rented caught fire because of
the unrepaired defect and crashed into a semi-trailer truck.
Section 2. Definitions.
The bill would define a ``covered rental vehicle'' as one
that has a gross vehicle rating of 10,000 pounds or less, is
rented without a driver for an initial term of less than 4
months, and is part of a fleet of 5 or more rental vehicles.
A ``rental company'' would be defined as an entity engaged in
renting covered rental vehicles from a fleet of 5 or more
rental vehicles.
Section 3. Remedies for defects and noncompliance.
The bill would apply the MVSA restriction on selling or
leasing new vehicles subject to a safety recall to sales by
rental companies. It further would expand the prohibition to
prevent the rental of a vehicle subject to a recall.
To accommodate practical considerations that would affect
implementation by the rental vehicle industry, the bill would
set forth some unique provisions specific to rental vehicles:
When a rental company receives a notice from
a manufacturer about a recall, the company will be
required to ground the affected vehicles as soon as
possible but no later than 24 hours after receiving the
notice. For those recalls that affect more than 5,000
vehicles in a company's fleet, the company will have up
to 48 hours to ground the vehicles.
Occasionally, a manufacturer's recall notice
will specify action that can be taken to make the
vehicle safe to operate until parts are available. In
these instances, rental companies will be permitted to
take such action and continue renting the affected
vehicles until parts are available.
Rental companies will be prohibited from
selling an automobile subject to a recall unless the
defect or noncompliance has been remedied. The one
exception is for automobiles that are so badly damaged
that they are sold with a junk title. A junk automobile
is defined as incapable of operating on public roads
and has no value except for parts or scrap.
Section 4. Making safety devices and elements inoperative.
The bill would expand the existing prohibition on disabling
safety features in an automobile to cover rental companies.
Section 5. Inspections, investigations, and records.
The bill would expand NHTSA's existing inspection,
investigative, and record-keeping requirement authorities to
cover rental companies.
Section 6. Research authority.
The bill would give the Secretary of Transportation the
authority to conduct a study of the effectiveness of the
provisions of this law and other rental company activities.
Section 7. Study.
The bill would require the Secretary of Transportation to
evaluate the completion of safety recall remedies on rental
trucks.
Section 8. Public comments.
The bill would require the Secretary of Transportation to
solicit comments on implementation from various stakeholders,
including rental companies, consumer groups, auto
manufacturers, and auto dealers.
Section 9. Rulemaking.
The bill would give the Secretary of Transportation the
authority to promulgate rules necessary to implement the Act.
Section 10. Effective date.
The bill would become effective 180 days after the date of
enactment.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new material is printed
in italic, existing law in which no change is proposed is shown
in roman):
TITLE 49. TRANSPORTATION
SUBTITLE VI. MOTOR VEHICLE AND DRIVE PROGRAMS
CHAPTER 301. MOTOR VEHICLE SAFETY
30102. Definitions
(a) General Definitions.--In this chapter--
(1) ``covered rental vehicle'' means a motor vehicle
that--
(A) has a gross vehicle weight rating of
10,000 pounds or less;
(B) is rented without a driver for an initial
term of less than 4 months; and
(C) is part of a motor vehicle fleet of 5 or
more motor vehicles that are used for rental
purposes by a rental company.
[(1)] (2) ``dealer'' means a person selling and
distributing new motor vehicles or motor vehicle
equipment primarily to purchasers that in good faith
purchase the vehicles or equipment other than for
resale.
[(2)] (3) ``defect'' includes any defect in
performance, construction, a component, or material of
a motor vehicle or motor vehicle equipment.
[(3)] (4) ``distributor'' means a person primarily
selling and distributing motor vehicles or motor
vehicle equipment for resale.
[(4)] (5) ``interstate commerce'' means commerce
between a place in a State and a place in another State
or between places in the same State through another
State.
[(5)] (6) ``manufacturer'' means a person--
(A) manufacturing or assembling motor
vehicles or motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle
equipment for resale.
[(6)] (7) ``motor vehicle'' means a vehicle driven or
drawn by mechanical power and manufactured primarily
for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail
line.
[(7)] (8) ``motor vehicle equipment'' means--
(A) any system, part, or component of a motor
vehicle as originally manufactured;
(B) any similar part or component
manufactured or sold for replacement or
improvement of a system, part, or component, or
as an accessory or addition to a motor vehicle;
or
(C) any device or an article or apparel,
including a motorcycle helmet and excluding
medicine or eyeglasses prescribed by a licensed
practitioner, that--
(i) is not a system, part, or
component of a motor vehicle; and
(ii) is manufactured, sold,
delivered, or offered to be sold for
use on public streets, roads, and
highways with the apparent purpose of
safeguarding users of motor vehicles
against risk of accident, injury, or
death.
[(8)] (9) ``motor vehicle safety'' means the
performance of a motor vehicle or motor vehicle
equipment in a way that protects the public against
unreasonable risk of accidents occurring because of the
design, construction, or performance of a motor
vehicle, and against unreasonable risk of death or
injury in an accident, and includes nonoperational
safety of a motor vehicle.
[(9)] (10) ``motor vehicle safety standard'' means a
minimum standard for motor vehicle or motor vehicle
equipment performance.
(11) ``rental company'' means a person who--
(A) is engaged in the business of renting
covered rental vehicles; and
(B) uses for rental purposes a motor vehicle
fleet of 5 or more covered rental vehicles.
[(10)] (12) ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa, and the
Virgin Islands.
[(11)] (13) ``United States district court'' means a
district court of the United States, a United States
court for Guam, the Virgin Islands, and American Samoa,
and the district court for the Northern Mariana
Islands.
(b) Limited Definitions.--
(1) In sections 30117(b), 30118-30121, and 30166(f)
of this title--
(A) ``adequate repair'' does not include
repair resulting in substantially impaired
operation of a motor vehicle or motor vehicle
equipment;
(B) ``first purchaser'' means the first
purchaser of a motor vehicle or motor vehicle
equipment other than for resale;
(C) ``original equipment'' means motor
vehicle equipment (including a tire) installed
in or on a motor vehicle at the time of
delivery to the first purchaser;
(D) ``replacement equipment'' means motor
vehicle equipment (including a tire) that is
not original equipment;
(E) a brand name owner of a tire marketed
under a brand name not owned by the
manufacturer of the tire is deemed to be the
manufacturer of the tire;
(F) a defect in original equipment, or
noncompliance of original equipment with a
motor vehicle safety standard prescribed under
this chapter, is deemed to be a defect or
noncompliance of the motor vehicle in or on
which the equipment was installed at the time
of delivery to the first purchaser;
(G) a manufacturer of a motor vehicle in or
on which original equipment was installed when
delivered to the first purchaser is deemed to
be the manufacturer of the equipment; and
(H) a retreader of a tire is deemed to be the
manufacturer of the tire.
(2) The Secretary of Transportation may prescribe
regulations changing paragraph (1)(C), (D), (F), or (G)
of this subsection.
30120. Remedies for defects and noncompliance
* * * * * * *
(i) Limitation on Sale or Lease of New Vehicles or Equipment
or Rental.--
[(1) If notification] (1) In general._If notification
is required by an order under section 30118(b) of this
title or is required under section 30118(c) of this
title and the manufacturer has provided to a dealer
(including retailers of motor vehicle equipment)
notification about a new motor vehicle or new item of
replacement equipment in the dealer's possession at the
time of notification or the manufacturer has provided
to a rental company notification about a covered rental
vehicle in the company's possession at the time of
notification that contains a defect related to motor
vehicle safety or does not comply with an applicable
motor vehicle safety standard prescribed under this
chapter, [the dealer may sell or lease] the dealer or
rental company may sell, lease, or rent the motor
vehicle or item of replacement equipment only if--
(A) the defect or noncompliance is remedied
as required by this section before delivery
under the [sale or lease] sale, lease, or
rental agreement; or
(B) when the notification is required by an
order under section 30118(b) of this title,
enforcement of the order is restrained or the
order is set aside in a civil action to which
section 30121(d) of this title applies.
[(2) This subsection does not prohibit a dealer from
offering for sale or lease the vehicle or equipment.]
(2) Rule of construction.--Nothing in this subsection
may be construed to prohibit a dealer or rental company
from offering the vehicle or equipment for sale, lease,
or rent.
(3) Specific rules for rental companies.--
(A) In general.--Except as otherwise provided
under this paragraph, a rental company shall
comply with the limitations on sale, lease, or
rental set forth in subparagraph (C) and
paragraph (1) as soon as practicable, but not
later than 24 hours after the earliest receipt
of the notice to owner under subsection (b) or
(c) of section 30118 (including the vehicle
identification number for the covered vehicle)
by the rental company, whether by electronic
means or first class mail.
(B) Special rule for large vehicle fleets.--
Notwithstanding subparagraph (A), if a rental
company receives a notice to owner covering
more than 5,000 motor vehicles in its fleet,
the rental company shall comply with the
limitations on sale, lease, or rental set forth
in subparagraph (C) and paragraph (1) as soon
as practicable, but not later than 48 hours
after the earliest receipt of the notice to
owner under subsection (b) or (c) of section
30018 (including the vehicle identification
number for the covered vehicle) by the rental
company, whether by electronic means or first
class mail.
(C) Special rule for when remedies not
immediately available.--If a notification
required under subsection (b) or (c) of section
30118 indicates that the remedy for the defect
or noncompliance is not immediately available
and specifies actions to temporarily alter the
vehicle that eliminate the safety risk posed by
the defect or noncompliance, the rental
company, after causing the specified actions to
be performed, may rent (but may not sell or
lease) the motor vehicle. Once the remedy for
the rental vehicle becomes available to the
rental company, the rental company may not rent
the vehicle until the vehicle has been
remedied, as provided in subsection (a).
(D) Inapplicability to junk automobiles.--
Notwithstanding paragraph (1), this subsection
does not prohibit a rental company from selling
a covered rental vehicle if such vehicle--
(i) meets the definition of a junk
automobile under section 201 of the
Anti-Car Theft Act of 1992 (49 U.S.C.
30501);
(ii) is retitled as a junk automobile
pursuant to applicable State law; and
(iii) is reported to the National
Motor Vehicle Information System, if
required under section 204 of such Act
(49 U.S.C. 30504).
(j) Prohibition on Sales of Replacement Equipment.--No person
may sell or lease any motor vehicle equipment (including a
tire), for installation on a motor vehicle, that is the subject
of a decision under section 30118(b) or a notice required under
section 30118(c) in a condition that it may be reasonably used
for its original purpose unless--
(1) the defect or noncompliance is remedied as
required by this section before delivery under the sale
or lease; or
(2) notification of the defect or noncompliance is
required under section 30118(b) but enforcement of the
order is set aside in a civil action to which section
30121(d) applies.
30122. Making safety devices and elements inoperative
(a) Definition.--In this section, ``motor vehicle repair
business'' means a person holding itself out to the public to
repair for compensation a motor vehicle or motor vehicle
equipment.
(b) Prohibition.--A manufacturer, distributor, dealer, rental
company, or motor vehicle repair business may not knowingly
make inoperative any part of a device or element of design
installed on or in a motor vehicle or motor vehicle equipment
in compliance with an applicable motor vehicle safety standard
prescribed under this chapter unless the manufacturer,
distributor, dealer, rental company, or repair business
reasonably believes the vehicle or equipment will not be used
(except for testing or a similar purpose during maintenance or
repair) when the device or element is inoperative.
(c) Regulations.--The Secretary of Transportation may
prescribe regulations-- (1) to exempt a person from this
section if the Secretary decides the exemption is consistent
with motor vehicle safety and section 30101 of this title; and
(2) to define ``make inoperative''.
(d) [Deleted]
30166. Inspections, investigations, and records
(a) Definition.--In this section, ``motor vehicle accident''
means an occurrence associated with the maintenance or
operation of a motor vehicle or motor vehicle equipment
resulting in personal injury, death, or property damage.
(b) Authority To Inspect and Investigate.--
(1) The Secretary of Transportation may conduct an
inspection or investigation--
(A) that may be necessary to enforce this
chapter or a regulation prescribed or order
issued under this chapter; or
(B) related to a motor vehicle accident and
designed to carry out this chapter.
(2) The Secretary of Transportation shall cooperate
with State and local officials to the greatest extent
possible in an inspection or investigation under
paragraph (1)(B) of this subsection.
(c) Matters That Can Be Inspected and Impoundment.--In
carrying out this chapter, an officer or employee designated by
the Secretary of Transportation--
(1) at reasonable times, may inspect and copy any
record related to this chapter;
(2) on request, may inspect records of a
manufacturer, distributor, [or dealer] dealer, or
rental company to decide whether the manufacturer,
distributor, [or dealer] dealer, or rental company has
complied or is complying with this chapter or a
regulation prescribed or order issued under this
chapter;
(3) at reasonable times, in a reasonable way, and on
display of proper credentials and written notice to an
owner, operator, or agent in charge, may--
(A) enter and inspect with reasonable
promptness premises in which a motor vehicle or
motor vehicle equipment is manufactured, held
for introduction in interstate commerce, or
held for sale after introduction in interstate
commerce (including at United States ports of
entry);
(B) enter and inspect with reasonable
promptness premises at which a vehicle or
equipment involved in a motor vehicle accident
is located;
(C) inspect with reasonable promptness that
vehicle or equipment; and
(D) impound for not more than 72 hours a
vehicle or equipment involved in a motor
vehicle accident;
(4) shall enter into a memorandum of understanding
with the Secretary of Homeland Security for inspections
and sampling of motor vehicle equipment being offered
for import to determine compliance with this chapter or
a regulation or order issued under this chapter.
(d) Reasonable Compensation.--When a motor vehicle (except a
vehicle subject to subchapter I of chapter 135 of this title)
or motor vehicle equipment is inspected or temporarily
impounded under subsection (c)(3) of this section, the
Secretary of Transportation shall pay reasonable compensation
to the owner of the vehicle if the inspection or impoundment
results in denial of use, or reduction in value, of the
vehicle.
(e) Records and Making Reports.--The Secretary of
Transportation reasonably may require a manufacturer of a motor
vehicle or motor vehicle equipment to keep records, and a
manufacturer, distributor, [or dealer] dealer, or rental
company to make reports, to enable the Secretary to decide
whether the manufacturer, distributor, [or dealer] dealer, or
rental company has complied or is complying with this chapter
or a regulation prescribed or order issued under this chapter.
This subsection does not impose a recordkeeping requirement on
a distributor [or dealer] dealer, or rental company in addition
to those imposed under subsection (f) of this section and
section 30117(b) of this title or a regulation prescribed or
order issued under subsection (f) or section 30117(b).
(f) Providing Copies of Communications About Defects and
Noncompliance.--
(1) In general.--A manufacturer shall give the
Secretary of Transportation, and the Secretary shall
make available on a publicly accessible Internet
website, a true or representative copy of each
communication to the manufacturer's dealers [or to
owners], rental companies, or other owners or
purchasers of a motor vehicle or replacement equipment
produced by the manufacturer about a defect or
noncompliance with a motor vehicle safety standard
prescribed under this chapter in a vehicle or equipment
that is sold or serviced.
(2) Index.--Communications required to be submitted
to the Secretary under this subsection shall be
accompanied by an index to each communication, that--
(A) identifies the make, model, and model
year of the affected vehicles;
(B) includes a concise summary of the subject
matter of the communication; and
(C) shall be made available by the Secretary
to the public on the Internet in a searchable
format.
* * * * * * *
MOVING AHEAD FOR PROGRESS IN THE 21ST CENTURY ACT
SEC. 32206. RENTAL TRUCK ACCIDENT STUDY.
[126 Stat. 785)
(a) Definitions.--In this section:
(1) Rental truck.--The term ``rental truck'' means a
motor vehicle with a gross vehicle weight rating of
between 10,000 and 26,000 pounds that is made available
for rental by a rental truck company.
(2) Rental truck company.--The term ``rental truck
company'' means a person or company that is in the
business of renting or leasing rental trucks to the
public or for private use.
(b) Study.--
(1) In general.--The Secretary shall conduct a study
of the safety of rental trucks during the 7-year period
ending on December 31, 2011.
(2) Requirements.--The study conducted under
paragraph (1) shall--
(A) evaluate available data on the number of
crashes, fatalities, and injuries involving
rental trucks and the cause of such crashes,
utilizing police accident reports and other
sources;
(B) estimate the property damage and costs
resulting from a subset of crashes involving
rental truck operations, which the Secretary
believes adequately reflect all crashes
involving rental trucks;
(C) analyze State and local laws regulating
rental truck companies, including safety and
inspection requirements;
(D) assess the rental truck maintenance
programs of a selection of small, medium, and
large rental truck companies, as selected by
the Secretary, including the frequency of
rental truck maintenance inspections, and
compare such programs with inspection
requirements for passenger vehicles and
commercial motor vehicles;
(E) include any other information available
regarding the safety of rental trucks; [and]
(F) evaluate the completion of safety recall
remedies on rental trucks; and
[(F)] (G) review any other information that
the Secretary determines to be appropriate.
(c) [Report.--Not later] Reports._
(1) Initial report._Not later than 1 year after the
date of enactment of this Act, the Secretary shall
submit a report to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives that contains--
[(1)] (A) the findings of the study conducted
pursuant to [subsection (b)] subparagraphs (A)
through (E) and (G) of subsection (b)(2); and
[(2)] (B) any recommendations for legislation
that the Secretary determines to be
appropriate.
(2) Safety recall remedy report.--Not later than 1
year after the date of the enactment of the ``Raechel
and Jacqueline Houck Safe Rental Car Act of 2013'', the
Secretary shall submit a report to the congressional
committees set forth in paragraph (1) that contains--
(A) the findings of the study conducted
pursuant to subsection (b)(2)(F); and
(B) any recommendations for legislation that
the Secretary determines to be appropriate.