II

106TH CONGRESS

1ST SESSION S. 678

To establish certain safeguards for the protection of purchasers in the sale

of motor vehicles that are salvage or have been damaged, to require

certain safeguards concerning the handling of salvage and nonrebuildable

vehicles, to support the flow of important vehicle information to the

National Motor Vehicle Title Information System, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MARCH 23, 1999

Mrs. FEINSTEIN (for herself, Mr. LEVIN, and Mr. BRYAN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

A BILL

To establish certain safeguards for the protection of purchasers in the sale of motor vehicles that are salvage

or have been damaged, to require certain safeguards

concerning the handling of salvage and nonrebuildable

vehicles, to support the flow of important vehicle information to the National Motor Vehicle Title Information

System, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Salvaged and Damaged

3 Motor Vehicle Information Disclosure Act’’.

4 SEC. 2. FINDINGS AND PURPOSE.

5 (a) FINDINGS.—Congress finds that—

6 (1) the salvage, flood, and damage history of a

7 motor vehicle is important in assisting a buyer to de8 termine its safety, value and reliability;

9 (2) the rebuilding of salvage and flood vehicles

10 bears similarities to the manufacture of motor vehi11 cles, and as such requires safeguards to prevent the

12 sale and operation on the roadways of the United

13 States of unsafe rebuilt motor vehicles;

14 (3) the switching of parts and vehicle identifica15 tion numbers between salvage vehicles and stolen

16 motor vehicles facilitates the disposal of stolen motor

17 vehicles for profit;

18 (4) motor vehicle titles and accompanying docu19 ments are an important source of information con20 cerning the salvage, flood, and damage history of

21 motor vehicles;

22 (5) the National Motor Vehicle Title Informa23 tion System has the potential to greatly enhance the

24 availability of critical information concerning motor

25 vehicles for the buying public and for auto theft in26 vestigators, if sufficient information is made avail-
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1 able to that system and through the system to vehi2 cle purchasers; and

3 (6) motor vehicles move in, or affect, interstate

4 and foreign commerce.

5 (b) PURPOSES.—The purposes of this Act are as fol6 lows:

7 (1) To establish certain safeguards for the pro8 tection of—

9 (A) buyers in the sale of motor vehicles

10 that are salvage or flood vehicles or have suf11 fered major damage; and

12 (B) any other person whose safety may be

13 affected by such a vehicle.

14 (2) To—

15 (A) preserve information provided on

16 motor vehicle titles and accompanying docu17 ments with respect to the title and damage his18 tory of the vehicles;

19 (B) establish certain safeguards to ensure

20 that, with respect to a motor vehicle, the infor21 mation described in subparagraph (A) is passed

22 on with all subsequent title transfers; and

23 (C) promote the participation of the States

24 in, and the flow of important information con25 cerning the title and damage history of motor
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1 vehicles through, the National Motor Vehicle

2 Title Information System.

3 SEC. 3. MOTOR VEHICLE TITLING AND DISCLOSURE RE4 QUIREMENTS.

5 (a) IN GENERAL.—Subtitle VI of title 49, United

6 States Code, is amended by adding at the end the fol7 lowing:

‘‘CHAPTER 333—SAFEGUARDS FOR PURCHASERS OF

MOTOR VEHICLES CONCERNING THE HANDLING OF

SALVAGE AND NONREBUILDABLE VEHICLES.

‘‘Sec.

‘‘33301. Definitions.

‘‘33302. Disclosure requirements on transfer of motor vehicles.

‘‘33303. Certification of proper repair.

‘‘33304. Transfer and operation of nonrepairable vehicles.

‘‘33305. Conspiracy to violate this chapter.

‘‘33306. General enforcement provisions.

‘‘33307. Administrative warrants.

‘‘33308. Confidentiality of information.

‘‘33309. Penalties and enforcement.

‘‘33310. Civil actions by private persons.

‘‘33311. Relationship to State law.

‘‘33312. State eligibility for funding.

8 ‘‘§ 33301. Definitions

9 ‘‘In this chapter:

10 ‘‘(1) ACTUAL COST.—The term ‘actual cost’,

11 when used in connection with a motor vehicle, means

12 the price paid at retail for repairs or the fair retail

13 market value of the repairs needed to return a motor

14 vehicle to its undamaged condition, whichever is

15 greater.
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1 ‘‘(2) AUCTION COMPANY.—The term ‘auction

2 company’ has the meaning given that term in section

3 32702.

4 ‘‘(3) AUTOMOTIVE RECYCLER OR DISMAN5 TLER.—The term ‘automotive recycler or dismantler’

6 has the meaning given that term in section

7 30501(a).

8 ‘‘(4) COSMETIC DAMAGE.—The term ‘cosmetic

9 damage’ means damage to paint, glass, trim, tires,

10 or any other component of a motor vehicle that is

11 purely cosmetic in nature.

12 ‘‘(5) COST OF REPAIR.—The term ‘cost of re13 pair’ means the estimated or actual cost of repair,

14 whichever is greater.

15 ‘‘(6) DEALER.—The term ‘dealer’ has the

16 meaning given that term in section 32702.

17 ‘‘(7) DISTRIBUTOR.—The term ‘distributor’ has

18 the meaning given that term in section 32702.

19 ‘‘(8) FLOOD VEHICLE.—The term ‘flood vehicle’

20 means a motor vehicle that has—

21 ‘‘(A) been submerged in water to the point

22 that rising water has reached over the door sill

23 of the motor vehicle or has entered the pas24 senger or trunk compartment; or
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1 ‘‘(B) had ‘flood’ or a similar word or sym2 bol placed on its title.

3 ‘‘(9) INSURANCE CARRIER.—The term ‘insur4 ance carrier’ has the meaning given that term in

5 section 30501.

6 ‘‘(10) LEASED MOTOR VEHICLE.—The term

7 ‘leased motor vehicle’ means a motor vehicle leased

8 to a person for a period of at least 4 months by a

9 lessor that leased at least 5 vehicles during the pre10 ceding 12-month period.

11 ‘‘(11) MAJOR DAMAGE.—

12 ‘‘(A) IN GENERAL.—Subject to subpara13 graph (B), the term ‘major damage’ means

14 damages of any kind, suffered in 1 incident,

15 that have an aggregate cost of repair of $3,000

16 or more.

17 ‘‘(B) INCLUSION OF COSMETIC DAMAGE.—

18 If the full cost of repair for damages suffered

19 in 1 incident is attributable only to cosmetic

20 damages, those damages shall not constitute

21 major damage.

22 ‘‘(12) MOTOR VEHICLE.—The term ‘motor vehi23 cle’ has the meaning given that term in section

24 30102 of title 49, United States Code.
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1 ‘‘(13) NONREPAIRABLE VEHICLE.—The term

2 ‘nonrepairable vehicle’ means a motor vehicle that at

3 any time—

4 ‘‘(A) has had ‘nonrepairable’ or a similar

5 word or symbol placed on its title;

6 ‘‘(B) has been designated as a nonrepair7 able vehicle by its owner; or

8 ‘‘(C) has suffered major damage, in 1 inci9 dent, for which the cost of repair exceeds 90

10 percent of the vehicle’s fair retail market before

11 it was damaged.

12 ‘‘(14) SALVAGE VEHICLE.—The term ‘salvage

13 vehicle’ means a motor vehicle that, at any time—

14 ‘‘(A) has had ‘salvage’ or a similar word or

15 symbol placed on its title;

16 ‘‘(B) has been transferred to an insurance

17 carrier in connection with the resolution of a

18 damage claim;

19 ‘‘(C) has been designated as a salvage ve20 hicle by its owner; or

21 ‘‘(D) has suffered major damage, in 1 inci22 dent, for which the cost of repair exceeds 65

23 percent of the vehicle’s fair retail market value

24 immediately before it was damaged.
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1 ‘‘(15) SECRETARY.—The term ‘Secretary’

2 means the Secretary of Transportation.

3 ‘‘(16) STATE.—The term ‘State’ has the mean4 ing given that term in section 32101.

5 ‘‘(17) TITLE.—The term ‘title’ means, with re6 spect to a motor vehicle, the certificate of title or

7 other document issued by a State indicating owner8 ship, or the manufacturer’s certificate of origin if no

9 document has been issued by the State indicating

10 ownership.

11 ‘‘(18) TRANSFER.—The term ‘transfer’ has the

12 meaning given that term in section 32702.

13 ‘‘§ 33302. Disclosure requirements on transfer of

14 motor vehicles

15 ‘‘(a) DISCLOSURE REQUIREMENTS.—

16 ‘‘(1) IN GENERAL.—Not later than 180 days

17 after the date of enactment of the Salvaged and

18 Damaged Motor Vehicle Information Disclosure Act,

19 the Secretary shall promulgate regulations that—

20 ‘‘(A) provide for the manner in which in21 formation is disclosed and retained under this

22 section;

23 ‘‘(B) require that a person transferring

24 ownership of a motor vehicle give the transferee
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1 a written disclosure, signed by the transferor

2 and transferee, that—

3 ‘‘(i) states, to the best of the trans4 feror’s knowledge—

5 ‘‘(I) whether the vehicle at any

6 time in its history has been a salvage,

7 flood, or nonrepairable vehicle; and

8 ‘‘(II) whether the vehicle at any

9 time in its history has suffered major

10 damage; and

11 ‘‘(ii) if a vehicle has suffered major

12 damage or flood damage, includes a brief

13 description of the nature and amount of

14 each occurrence of that damage.

15 ‘‘(2) ADDITIONAL REQUIREMENTS.—

16 ‘‘(A) IN GENERAL.—

17 ‘‘(i) ATTACHMENT OF FORM.—Except

18 as provided in clause (ii), the regulations

19 promulgated under paragraph (1) shall re20 quire that the original of the form con21 taining the information described in para22 graph (1)(B) be attached by the transferor

23 to the title of the motor vehicle.

24 ‘‘(ii) EXCEPTION.—If the title of a

25 motor vehicle includes spaces for disclo-
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1 sures in a format that conforms with the

2 regulations promulgated by the Secretary

3 under this subsection, those disclosures on

4 the title may constitute the original of the

5 form, if the law of the State in which the

6 transfer is executed provides that the dis7 closures constitute the original.

8 ‘‘(B) POWER OF ATTORNEY.—

9 ‘‘(i) IN GENERAL.—The regulations

10 promulgated under paragraph (1) shall

11 provide that if the original of the form con12 taining the information described in para13 graph (1)(B) is on the title, and the title

14 is in the possession of a lienholder when

15 the transferor transfers the vehicle, the

16 transferor may use a secure written power

17 of attorney (if permitted under applicable

18 State law) in making the disclosure re19 quired under paragraph (1)(B).

20 ‘‘(ii) PROCEDURES.—Any secure writ21 ten power of attorney exercised under

22 clause (i) shall be exercised in accordance

23 with procedures that are similar to the

24 procedures under the regulations issued

25 under section 32705(b)(2).
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1 ‘‘(C) DISCLOSURE FORMS.—The regula2 tions promulgated under paragraph (1) shall re3 quire that—

4 ‘‘(i) a copy of the form containing the

5 information described in paragraph (1)(B),

6 or a copy of the secure power of attorney

7 (if such a form is used), shall be given to

8 the transferee before the execution of any

9 sale or transfer of ownership;

10 ‘‘(ii) the disclosure form shall advise

11 any transferor who lacks certainty about

12 the history or scope of damage to the vehi13 cle to give a full description of all facts

14 known by the transferor bearing on pos15 sible major damage or flood, salvage, or

16 nonrepairable history; and

17 ‘‘(iii) the disclosure form shall be

18 printed by means of a secure printing

19 process (or other secure process).

20 ‘‘(D) RETENTION OF DISCLOSURE

21 FORMS.—A dealer or distributor that is re22 quired by this chapter to execute a disclosure

23 statement on a disclosure form shall retain for

24 at least 5 years a photostat, carbon, or other
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1 facsimile copy of each disclosure form that the

2 dealer or distributor issues and receives.

3 ‘‘(3) APPLICABILITY OF REQUIREMENTS.—A

4 person transferring ownership of a motor vehicle

5 shall be subject to the requirements of the regula6 tions promulgated under this section. That person

7 may not give a false statement to the transferee in

8 making the disclosure required by such a regulation

9 or otherwise violate the requirements of those regu10 lations.

11 ‘‘(4) ACQUISITIONS FOR RESALE.—A person ac12 quiring a motor vehicle for resale may not accept a

13 written disclosure under this section unless the dis14 closure form is complete, as determined under this

15 section. Such a person may not accept a title to the

16 motor vehicle unless each assignment of the title is

17 accompanied by an attached disclosure form re18 quired under this section.

19 ‘‘(b) DISCLOSURE STATEMENT REQUIREMENT FOR

20 LICENSING.—If the ownership of a motor vehicle is trans21 ferred, the motor vehicle may not be licensed for use in

22 a State unless the transferee, in submitting an application

23 to a State for the title on which the license will be issued,

24 includes with the application—

25 ‘‘(1) the transferor’s title; and
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1 ‘‘(2) an attached disclosure statement on a dis2 closure form that meets the requirements of this sec3 tion for each assignment of title that is, as required

4 under subsection (a)—

5 ‘‘(A) signed and dated by each transferor;

6 and

7 ‘‘(B) signed by each transferee.

8 ‘‘(c) LEASED MOTOR VEHICLES.—

9 ‘‘(1) IN GENERAL.—For a leased motor vehicle,

10 the regulations promulgated under subsection (a)

11 shall require written disclosure concerning major

12 damage, salvage, flood or nonrepairable history to be

13 made—

14 ‘‘(A) by the lessor to the lessee before the

15 execution of any lease documents; and

16 ‘‘(B) by the lessee to the lessor before the

17 lessor’s transfer of ownership of the vehicle.

18 ‘‘(2) NOTICE.—Under the regulations described

19 in paragraph (1), the lessor shall provide written no20 tice to the lessee of—

21 ‘‘(A) the lessee’s damage, salvage, flood

22 and nonrepairable disclosure requirements

23 under paragraph (1); and
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1 ‘‘(B) the penalties for failure to comply

2 with the requirements referred to in subpara3 graph (A).

4 ‘‘(3) RETENTION OF DISCLOSURES.—The lessor

5 shall retain the disclosures made by a lessee under

6 paragraph (1) for a period of at least 5 years fol7 lowing the date the lessor transfers the leased motor

8 vehicle.

9 ‘‘(4) TRANSFER OF OWNERSHIP.—

10 ‘‘(A) IN GENERAL.—Except as provided in

11 subparagraph (B), if the lessor transfers owner12 ship of a leased motor vehicle without obtaining

13 possession of the vehicle, the lessor, in making

14 the disclosure required by subsection (a), may

15 indicate on the disclosure form the facts dis16 closed by the lessee under paragraph (1).

17 ‘‘(B) EXCEPTION.—If the lessor has rea18 son to believe that the disclosure by the lessee

19 does not reflect the complete major damage or

20 flood, salvage, or nonrepairable history of the

21 vehicle, the disclosure of the facts disclosed by

22 the lessee shall not be considered sufficient to

23 meet the requirements of subparagraph (A).

24 ‘‘(d) AUCTION SALES.—If any motor vehicle is sold

25 at an auction, the auction company or other entity con-
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1 ducting the auction shall maintain the following records

2 for at least 5 years after the date of the sale:

3 ‘‘(1) The name of the most recent owner of the

4 motor vehicle (except the auction company) and the

5 name of the buyer of the motor vehicle.

6 ‘‘(2) The vehicle identification number required

7 under chapter 301 or 331.

8 ‘‘(3) A statement indicating whether the disclo9 sure given by the most recent owner of the motor ve10 hicle as required by subsection (a) indicated that the

11 vehicle had suffered major damage or was a salvage,

12 flood, or nonrepairable vehicle.

13 ‘‘(e) SETTLEMENTS.—

14 ‘‘(1) IN GENERAL.—In any case in which an in15 surance carrier makes a settlement on a motor vehi16 cle that is a salvage, flood, or nonrepairable vehicle,

17 or has suffered major damage, and the vehicle is not

18 transferred to the insurance carrier in connection

19 with the settlement, the carrier shall deliver a writ20 ten notice to the vehicle’s owner at or before the

21 time of the settlement informing the owner of the

22 obligation to make disclosures upon transfer of the

23 vehicle in a manner consistent with this chapter.

24 ‘‘(2) ADDITIONAL REQUIREMENTS.—If a vehicle

25 referred to in paragraph (1) is—
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1 ‘‘(A) a salvage or flood vehicle, the notice

2 under that paragraph shall inform the owner of

3 the requirements of section 33303; or

4 ‘‘(B) a nonrepairable vehicle, in addition to

5 providing the notice under paragraph (1), the

6 insurance carrier shall notify the State agency

7 responsible for issuing titles to motor vehicles

8 for the State in which the motor vehicle is reg9 istered that the motor vehicle is a nonrepairable

10 vehicle.

11 ‘‘(3) DISCLOSURE FORM.—The notice shall en12 close a blank disclosure form that meets the require13 ments of the regulations promulgated under sub14 section (a) for use by the owner in any transfer of

15 the vehicle.

16 ‘‘(f) NONDESTRUCTION OF TITLE INFORMATION.—

17 ‘‘(1) IN GENERAL.—The regulations promul18 gated under subsection (a) shall require that for any

19 motor vehicle title issued on or after the date that

20 is 1 year after the date of enactment of the Salvaged

21 and Damaged Motor Vehicle Information Disclosure

22 Act, the issuing State shall conspicuously disclose in

23 writing on the new certificate of title in any case in

24 which the previous title or accompanying documents
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1 surrendered to the State indicate that the motor

2 vehicle—

3 ‘‘(A) at any time has been a salvage, flood,

4 nonrepairable, or rebuilt salvage vehicle;

5 ‘‘(B) has suffered major damage; or

6 ‘‘(C) has been described by any other sym7 bol or word of like kind.

8 ‘‘(2) IDENTIFICATION OF STATE.—The regula9 tions promulgated under subsection (a) shall require

10 that the name of the State that issued any title

11 showing a description described in subparagraph

12 (A), (B), or (C) of paragraph (1) be conspicuously

13 disclosed in writing on the new certificate of title.

14 ‘‘§ 33303. Certification of proper repair

15 ‘‘(a) REQUIREMENT FOR CERTIFICATION OF RE16 PAIRED SALVAGE OR FLOOD VEHICLES.—

17 ‘‘(1) IN GENERAL.—

18 ‘‘(A) REGULATIONS.—Not later than 180

19 days after the date of enactment of the

20 Salvaged and Damaged Motor Vehicle Informa21 tion Disclosure Act, the Secretary shall promul22 gate regulations that specify that, after the date

23 which is 1 year after the date of enactment of

24 that Act, no person may transfer any vehicle

25 that becomes a salvage or flood vehicle to any
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1 person other than a person described in sub2 paragraph (B), unless the transferor gives to

3 the transferee a copy of a certificate of inspec4 tion prepared by a person who rebuilt the vehi5 cle (referred to in this subsection as the ‘re6 builder’) meeting the requirements of para7 graph (2)(C) that—

8 ‘‘(i) is signed by the rebuilder; and

9 ‘‘(ii) attests that the original recog10 nized vehicle manufacturer’s established

11 repair procedures or specifications and al12 lowable tolerances for the particular model

13 and year were utilized and adhered to in

14 the repair and inspection of the vehicle.

15 ‘‘(B) PERSONS DESCRIBED.—A person de16 scribed in this subparagraph is—

17 ‘‘(i) an insurance company;

18 ‘‘(ii) a dealer;

19 ‘‘(iii) a distributor; or

20 ‘‘(iv) an automotive recycler or dis21 mantler.

22 ‘‘(2) ADDITIONAL REQUIREMENTS.—In addition

23 to the requirements under paragraph (1), the regula24 tions promulgated under this subsection shall—

25 ‘‘(A) require that—
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1 ‘‘(i) the original of the certificate of

2 inspection containing the information re3 quired under paragraph (1) be attached by

4 the transferor to the title, unless the origi5 nal of the form has previously been surren6 dered with a title to a State;

7 ‘‘(ii) a copy of the certificate of in8 spection be given to the transferee before

9 the execution of any sale or transfer of

10 ownership documents;

11 ‘‘(iii) the certificate of inspection be

12 printed by means of a secure printing

13 process (or other secure process); and

14 ‘‘(iv) a decal or inscription that the

15 Secretary considers to be permanent be af16 fixed by the rebuilder on the door jamb or

17 other prominent location on the vehicle,

18 with the primary aim of alerting prospec19 tive future purchasers to the salvage or

20 flood history and the damage to the vehi21 cle;

22 ‘‘(B) provide that, if a title that is issued

23 after the vehicle became a salvage or flood vehi24 cle indicates on its face that a certification from

25 the rebuilder required under this section was
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1 surrendered to the State, the transferor shall

2 not be required to provide a certificate of in3 spection concerning that repair;

4 ‘‘(C) describe the qualifications and equip5 ment required for any person to be permitted to

6 execute a certification described in paragraph

7 (1)(A);

8 ‘‘(D) establish the minimum steps and in9 quiry to be undertaken during any inspection;

10 and

11 ‘‘(E) at the discretion of the Secretary, re12 quire that the inspector shall post a bond, of an

13 amount determined by the Secretary, but not to

14 exceed $250,000, conditioned on terms designed

15 to protect the public against—

16 ‘‘(i) unsafe or otherwise inadequate

17 repairs; or

18 ‘‘(ii) incorrect or otherwise improper

19 inspection certifications.

20 ‘‘(b) PROHIBITION.—A person transferring owner21 ship of a motor vehicle or making the certification may

22 not violate a regulation promulgated under this section or

23 make a false statement in making the certification.
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1 ‘‘§ 33304. Transfer and operation of nonrepairable ve2 hicles

3 ‘‘(a) IN GENERAL.—With respect to any motor vehi4 cle that is first determined to be nonrepairable later than

5 90 days after the date of enactment of the Salvaged and

6 Damaged Motor Vehicle Information Disclosure Act, a

7 person—

8 ‘‘(1) may not register the vehicle in any State

9 for operation on any street, road or highway, and

10 may not operate the vehicle on any street, road or

11 highway, if the person knows that the vehicle has

12 been determined to be nonrepairable; and

13 ‘‘(2) may transfer the vehicle only to an insur14 ance company, automotive recycler or dismantler,

15 and only for dismantling into parts or for crushing.

16 ‘‘(b) PROHIBITION.—After a State receives a disclo17 sure form under section 33302(a) or a title or title appli18 cation indicating that a motor vehicle is a nonrepairable

19 vehicle, the vehicle that is the subject of the form or appli20 cation may not be licensed for use in that State.

21 ‘‘§ 33305. Conspiracy to violate this chapter

22 ‘‘A person may not conspire to violate section 33302,

23 33303, or 33304.

24 ‘‘§ 33306. General enforcement provisions

25 ‘‘(a) AUTHORITY TO INSPECT AND INVESTIGATE.—
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1 ‘‘(1) IN GENERAL.—Subject to section 33307,

2 the Secretary may conduct an inspection or inves3 tigation necessary to carry out this chapter (includ4 ing a regulation promulgated or order issued under

5 this chapter).

6 ‘‘(2) COOPERATION.—In conducting an inspec7 tion or investigation under this section, the Sec8 retary shall cooperate with State and local officials

9 to the greatest extent practicable.

10 ‘‘(3) INFORMATION.—The Secretary may pro11 vide to the Attorney General information concerning

12 a violation of this chapter (including a regulation

13 promulgated or order issued under this chapter).

14 ‘‘(b) ENTRY, INSPECTION, AND IMPOUNDMENT.—

15 ‘‘(1) IN GENERAL.—In carrying out subsection

16 (a), an officer or employee designated by the Sec17 retary, on display of proper credentials and written

18 notice to the owner, operator, or agent in charge,

19 may—

20 ‘‘(A) enter and inspect commercial prem21 ises in which a motor vehicle or motor vehicle

22 equipment is manufactured, held for shipment

23 or sale, maintained, or repaired;

24 ‘‘(B) enter and inspect noncommercial

25 premises in which the Secretary reasonably be-
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1 lieves there is a motor vehicle or motor vehicle

2 equipment that is an object of a violation of

3 this chapter;

4 ‘‘(C) inspect that motor vehicle or motor

5 vehicle equipment; and

6 ‘‘(D) impound for a period of not more

7 than 72 hours for inspection a motor vehicle or

8 motor vehicle equipment that the Secretary rea9 sonably believes is an object of a violation of

10 this chapter.

11 ‘‘(2)(A) INSPECTION.—An inspection or im12 poundment under this subsection shall be conducted

13 at a reasonable time, in a reasonable manner, and

14 with reasonable promptness.

15 ‘‘(B) WRITTEN NOTICE.—The written notice

16 under paragraph (1) may consist of a warrant issued

17 under section 33307.

18 ‘‘(c) REASONABLE COMPENSATION.—At such time as

19 the Secretary impounds for inspection a motor vehicle (ex20 cept a vehicle subject to an exemption under subchapter

21 I of chapter 135) or motor vehicle equipment under sub22 section (b)(1)(D), the Secretary shall pay reasonable com23 pensation to the owner of the vehicle or equipment if the

24 inspection or impoundment results in denial of use, or re25 duction in value, of the vehicle or equipment.
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1 ‘‘(d) RECORDS AND INFORMATION REQUIRE2 MENTS.—

3 ‘‘(1) IN GENERAL.—To enable the Secretary to

4 make a determination whether a dealer or dis5 tributor is complying with this chapter (including

6 regulations promulgated and orders issued under

7 this chapter), the Secretary may require a dealer,

8 distributor, or automotive recycler or dismantler

9 to—

10 ‘‘(A) keep records;

11 ‘‘(B) provide information from those

12 records if the Secretary states the purpose for

13 requiring the information and identifies the in14 formation to the fullest extent practicable; and

15 ‘‘(C) allow an officer or employee des16 ignated by the Secretary to inspect relevant

17 records of the dealer or distributor.

18 ‘‘(2) STATUTORY CONSTRUCTION.—This sub19 section and subsection (e)(1)(B) shall not be con20 strued to authorize the Secretary to require a dealer,

21 distributor, or automotive recycler or dismantler to

22 provide information to the Secretary on a regular

23 periodic basis.

24 ‘‘(e) ADMINISTRATIVE AUTHORITY AND CIVIL AC25 TIONS TO ENFORCE.—
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1 ‘‘(1) IN GENERAL.—In carrying out this chap2 ter, the Secretary may—

3 ‘‘(A) inspect and copy records of any per4 son at reasonable times;

5 ‘‘(B) order a person to file written reports

6 or answers to specific questions, including re7 ports or answers under oath; and

8 ‘‘(C) conduct hearings, administer oaths,

9 take testimony, and require (by subpoena or

10 otherwise) the appearance and testimony of wit11 nesses and the production of records the Sec12 retary considers advisable.

13 ‘‘(2) PAYMENT OF WITNESSES.—A witness

14 summoned under this subsection may receive the

15 same fee and mileage as that witness would be paid

16 in a court of the United States.

17 ‘‘(3) ACTIONS.—

18 ‘‘(A) IN GENERAL.—A civil action to en19 force a subpoena or order of the Secretary

20 under this subsection may be brought in the

21 United States district court for any judicial dis22 trict in which the proceeding by the Secretary

23 is conducted.

24 ‘‘(B) CONTEMPT OF COURT.—The court

25 may punish a failure to obey an order of the
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1 court to comply with the subpoena or order of

2 the Secretary as a contempt of court.

3 ‘‘(f) PROHIBITIONS.—A person may not fail to—

4 ‘‘(1) keep records or provide access to or copy5 ing of records, as required under this section;

6 ‘‘(2) make reports or provide information, as

7 required under this section;

8 ‘‘(3) allow entry or inspection, as required

9 under this section; or

10 ‘‘(4) permit impoundment, as required under

11 this section.

12 ‘‘§ 33307. Administrative warrants

13 ‘‘(a) DEFINITION.—In this section, the term ‘prob14 able cause’ means a valid public interest in the effective

15 enforcement of this chapter (including a regulation pro16 mulgated under this chapter) that is sufficient to justify

17 the inspection or impoundment in the circumstances stat18 ed in an application for a warrant under this section.

19 ‘‘(b) WARRANT REQUIREMENT AND ISSUANCE.—

20 ‘‘(1) IN GENERAL.—Except as provided in para21 graph (4), an inspection or impoundment under sec22 tion 33306 may be carried out only after a warrant

23 is obtained.

24 ‘‘(2) WARRANTS.—
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1 ‘‘(A) IN GENERAL.—A judge of a court of

2 the United States or a State court of record or

3 a United States magistrate may issue a warrant

4 for an inspection or impoundment under section

5 33306 within the territorial jurisdiction of the

6 court or magistrate.

7 ‘‘(B) REQUIREMENTS FOR AFFIDAVITS.—A

8 warrant under subparagraph (A) shall be based

9 on an affidavit that—

10 ‘‘(i) establishes probable cause to

11 issue the warrant; and

12 ‘‘(ii) is sworn to before the judge or

13 magistrate by an officer or employee who

14 knows the facts alleged in the affidavit.

15 ‘‘(C) ISSUANCE OF WARRANTS.—The judge

16 or magistrate shall issue a warrant under sub17 paragraph (A) if the judge or magistrate deter18 mines there is a reasonable basis for believing

19 that probable cause exists to issue the warrant.

20 ‘‘(D) REQUIREMENTS FOR WARRANTS.—A

21 warrant issued under this paragraph shall—

22 ‘‘(i) identify the premises, property, or

23 motor vehicle to be inspected and the items

24 or type of property to be impounded;
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1 ‘‘(ii) state the purpose of the inspec2 tion, the basis for issuing the warrant, and

3 the name of the affidavit;

4 ‘‘(iii) direct an individual authorized

5 under section 33306 to inspect the prem6 ises, property, or vehicle for the purpose

7 stated in the warrant and, if appropriate,

8 to impound the property specified in the

9 warrant;

10 ‘‘(iv) direct that the warrant be served

11 during the hours specified in the warrant;

12 and

13 ‘‘(v) name the judge or magistrate

14 with whom proof of service is to be filed.

15 ‘‘(3) EXCLUSIONS.—A warrant is not required

16 under this section, if—

17 ‘‘(A) the owner, operator, or agent in

18 charge of the premises consents to the inspec19 tion or impoundment;

20 ‘‘(B) it is reasonable to believe that the

21 mobility of the motor vehicle to be inspected

22 renders obtaining a warrant impractical;

23 ‘‘(C) an application for a warrant cannot

24 be made because of an emergency;
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1 ‘‘(D) records are to be inspected and cop2 ied under section 33306(e)(1)(A); or

3 ‘‘(E) a warrant is not required under the

4 Constitution of the United States.

5 ‘‘(c) SERVICE AND IMPOUNDMENT OF PROPERTY.—

6 ‘‘(1) IN GENERAL.—

7 ‘‘(A) PERIOD FOR SERVICE.—A warrant

8 issued under this section shall be served and

9 proof of service filed not later than 10 days

10 after its issuance date.

11 ‘‘(B) EXTENSION.—The judge or mag12 istrate may extend the period of time specified

13 in subparagraph (A) in the warrant if the Sec14 retary demonstrates a need for additional time.

15 ‘‘(C) PROOF OF SERVICE.—Proof of service

16 shall be filed promptly after a warrant is exe17 cuted, with a written inventory of the property

18 impounded under the warrant.

19 ‘‘(D) INVENTORIES.—An inventory under

20 subparagraph (B) shall be made in the presence

21 of—

22 ‘‘(i) the individual serving the warrant

23 and the individual from whose possession

24 or premises the property was impounded;

25 or
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1 ‘‘(ii) if that individual is not present,

2 a credible individual, except the individual

3 making the inventory.

4 ‘‘(E) VERIFICATION.—The individual serv5 ing the warrant shall verify the inventory.

6 ‘‘(F) COPIES OF INVENTORIES.—On re7 quest, the judge or magistrate shall send a copy

8 of the inventory to the individual from whose

9 possession or premises the property was im10 pounded and to the applicant for the warrant.

11 ‘‘(2) IMPOUNDMENT.—When property is im12 pounded under a warrant under this section, the in13 dividual serving the warrant shall—

14 ‘‘(A) give the person from whose posses15 sion or premises the property was impounded a

16 copy of the warrant and a receipt for the prop17 erty; or

18 ‘‘(B) leave the copy and receipt at the

19 place from which the property was impounded.

20 ‘‘(3) FILING.—A judge or magistrate shall file

21 a warrant, proof of service, and all documents filed

22 about the warrant with the clerk of the United

23 States district court for the judicial district in which

24 an inspection is made.
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1 ‘‘§ 33308. Confidentiality of information

2 ‘‘(a) GENERAL.—Information obtained by the Sec3 retary under this chapter related to a confidential matter

4 referred to in section 1905 of title 18 may be disclosed

5 only—

6 ‘‘(1) to another officer or employee of the

7 United States Government for use in carrying out

8 this chapter; or

9 ‘‘(2) in a proceeding under this chapter.

10 ‘‘(b) WITHHOLDING INFORMATION FROM CON11 GRESS.—This section does not authorize information to be

12 withheld from a committee of Congress authorized to have

13 the information.

14 ‘‘§ 33309. Penalties and enforcement

15 ‘‘(a) CIVIL PENALTIES.—

16 ‘‘(1) IN GENERAL.—

17 ‘‘(A) LIABILITY.—A person that violates

18 this chapter (including a regulation prescribed

19 or order issued under this chapter) is liable to

20 the United States Government for a civil pen21 alty of not more than $2,000 for each violation.

22 ‘‘(B) SEPARATE VIOLATIONS.—A separate

23 violation occurs for each motor vehicle involved

24 in the violation.
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1 ‘‘(C) MAXIMUM PENALTY.—The maximum

2 penalty under this subsection for a related se3 ries of violations is $100,000.

4 ‘‘(2) PROCEDURES FOR IMPOSING CIVIL PEN5 ALTIES.—

6 ‘‘(A) CIVIL PENALTIES.—The Secretary

7 shall impose a civil penalty pursuant to this

8 subsection.

9 ‘‘(B) CIVIL ACTIONS.—The Attorney Gen10 eral shall bring a civil action to collect the pen11 alty.

12 ‘‘(C) COMPROMISE.—Before referring a

13 penalty claim to the Attorney General, the Sec14 retary may compromise the amount of the pen15 alty. Before compromising the amount of the

16 penalty, the Secretary shall give the person

17 charged with a violation an opportunity to es18 tablish that the violation did not occur.

19 ‘‘(3) FACTORS FOR CONSIDERATION.—In deter20 mining the amount of a civil penalty under this sub21 section, the Secretary shall consider—

22 ‘‘(A) the nature, circumstances, extent,

23 and gravity of the violation;

24 ‘‘(B) with respect to the violator, the de25 gree of culpability, any history of prior viola-
33

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1 tions, the ability to pay, and any effect on the

2 ability or the violator to continue conducting

3 business; and

4 ‘‘(C) such other matters as justice re5 quires.

6 ‘‘(b) CRIMINAL PENALTIES.—

7 ‘‘(1) IN GENERAL.—A person who knowingly

8 and willfully violates this chapter (including a regu9 lation promulgated or order issued under this chap10 ter) shall be fined under title 18, imprisoned for not

11 more than 3 years, or both.

12 ‘‘(2) OFFICERS AND AGENTS OF CORPORA13 TIONS.—If a person subject to a criminal penalty

14 under paragraph (1) is a corporation, the penalties

15 under this subsection shall also apply to any direc16 tor, officer, or individual agent of that corporation

17 who knowingly and willfully authorizes, orders, or

18 performs an act in violation of this chapter (includ19 ing a regulation promulgated or order issued under

20 this chapter) without regard to penalties imposed on

21 the corporation.

22 ‘‘(c) CIVIL ACTIONS BROUGHT BY ATTORNEY GEN23 ERAL.—

24 ‘‘(1) IN GENERAL.—The Attorney General may

25 bring a civil action to enjoin a violation of this chap-
34

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1 ter or a regulation prescribed or order issued under

2 this chapter. The action may be brought in the

3 United States district court for the judicial district

4 in which the violation occurred or the defendant is

5 found, resides, or does business.

6 ‘‘(2) SERVICE OF PROCESS.—Process in the ac7 tion may be served in any other judicial district in

8 which the defendant resides or is found. A subpoena

9 for a witness in the action may be served in any ju10 dicial district.

11 ‘‘(d) CIVIL ACTIONS BY STATES.—

12 ‘‘(1) IN GENERAL.—In any case in which a per13 son violates this chapter (including a regulation pro14 mulgated or order issued under this chapter), the

15 chief law enforcement officer of the State in which

16 the violation occurs may bring a civil action—

17 ‘‘(A) to enjoin the violation; or

18 ‘‘(B) to recover amounts for which the per19 son is liable under section 33310 for each per20 son on whose behalf the action is brought.

21 ‘‘(2) VENUE; STATUTE OF LIMITATIONS.—

22 ‘‘(A) VENUE.—An action under this sub23 section may be brought in an appropriate

24 United States district court or in a State court

25 of competent jurisdiction.
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1 ‘‘(B) STATUTE OF LIMITATIONS.—An ac2 tion may be brought under this section not later

3 than 2 years after the date on which the claim

4 accrues.

5 ‘‘§33310. Civil actions by private persons

6 ‘‘(a) VIOLATION AND AMOUNT OF DAMAGES.—

7 ‘‘(1) IN GENERAL.—A person that violates this

8 chapter or a regulation promulgated or order issued

9 under this chapter, with intent to defraud, is liable

10 for a civil penalty in an amount equal to the greater

11 of—

12 ‘‘(A)(i) the amount of actual damages;

13 multiplied by

14 ‘‘(ii) 3; or

15 ‘‘(B) $5,000.

16 ‘‘(2) MOTOR VEHICLES USED FOR PERSONAL,

17 FAMILY, OR HOUSEHOLD USE.—A person who owns,

18 leases, or operates a motor vehicle for personal, fam19 ily, or household use shall not be liable for—

20 ‘‘(A) failure to provide a disclosure or cer21 tificate under section 33302(a) or 33303(a) un22 less the person has actual knowledge of the re23 quirement to provide the disclosure or certifi24 cate; and
36

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1 ‘‘(B) any other violation under section

2 33302 or 33303 unless the person has actual

3 knowledge of the facts at issue in the violation.

4 ‘‘(b) CIVIL ACTIONS.—

5 ‘‘(1) VENUE.—A person may bring a civil ac6 tion to enforce a claim under this section—

7 ‘‘(A) in any court of competent jurisdiction

8 in any State or the District of Columbia; or

9 ‘‘(B) in an appropriate district court of the

10 United States, if the amount in controversy is

11 greater than $50,000 (exclusive of interest and

12 costs) computed on the basis of all claims to be

13 determined in the action.

14 ‘‘(2) STATUTE OF LIMITATIONS.—An action

15 may be brought under this section not later than 2

16 years after the date on which the claim accrues.

17 ‘‘(3) ATTORNEY’S FEES.—In an action brought

18 under paragraph (1), the court shall award costs

19 and a reasonable attorney’s fees to a person if a

20 judgment is entered for that person.

21 ‘‘§ 33311. Relationship to State law

22 ‘‘Except to the extent that State law is inconsistent

23 with this chapter, nothing in this chapter may be con24 strued to—
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1 ‘‘(1) affect a State law on titling, disclosures,

2 inspections, or any other matters relating to salvage,

3 flood, damaged, or nonrepairable motor vehicles; or

4 ‘‘(2) exempt a person from complying with that

5 law.

6 ‘‘§ 33312. State eligibility for funding

7 ‘‘(a) IN GENERAL.—After the date of enactment of

8 the Salvaged and Damaged Motor Vehicle Information

9 Disclosure Act, a State that fails to comply with section

10 33302(b), 33302(f), or 33304(b) may not receive grant

11 funds under section 30503(c).

12 ‘‘(b) LIST.—The Secretary shall—

13 ‘‘(1) maintain a list of States that are in com14 pliance with the requirements of the provisions listed

15 in subsection (a); and

16 ‘‘(2) update the list not less frequently than an17 nually, and in any case in which a State becomes a

18 State described in paragraph (1).’’.

19 (2) CLERICAL AMENDMENT.—The table of

20 chapters for title 49, United States Code, is amend21 ed by inserting after the item relating to chapter

22 331 the following:

‘‘333. Safeguards for Purchasers of Motor Vehicles Concerning the Handing of Salvage and

Nonrebuildable Vehicles .....................................33301’’.
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1 SEC. 4. AMENDMENTS TO CHAPTER 305 OF TITLE 49,

2 UNITED STATES CODE.

3 (a) DEFINITIONS.—Strike section 30501 of title 49,

4 United States Code, and insert the following:

5 ‘‘§ 30501. Definitions

6 ‘‘In this chapter:

7 ‘‘(1) AUTOMOTIVE RECYCLER OR DISMAN8 TLER.—The term ‘automotive recycler or dismantler’

9 means an individual or entity engaged in the busi10 ness of acquiring or owning salvage or nonrepairable

11 vehicles for—

12 ‘‘(A) resale in their entirety or as spare

13 parts; or

14 ‘‘(B) rebuilding, restoration, or crushing.

15 ‘‘(2) FLOOD VEHICLE.—The term ‘flood vehicle’

16 has the meaning given that term in section 33301.

17 ‘‘(3) INSURANCE CARRIER.—The term ‘insur18 ance carrier’ means an individual or entity engaged

19 in the business of underwriting motor vehicle insur20 ance.

21 ‘‘(4) INSURER.—The term ‘insurer’ has the

22 meaning given that term in section 32101.

23 ‘‘(5) MAJOR DAMAGE.—The term ‘major dam24 age’ has the meaning given that term in section

25 33301.
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1 ‘‘(6) NONREPAIRABLE VEHICLE.—The term

2 ‘nonrepairable vehicle’ has the meaning given that

3 term in section 33301.

4 ‘‘(7) OPERATOR.—The term ‘operator’ means

5 the individual or entity authorized or designated as

6 the operator of the National Motor Vehicle Title In7 formation System under section 30502(b), or the At8 torney General, if there is no such authorized or des9 ignated individual or entity.

10 ‘‘(8) SALVAGE VEHICLE.—The term ‘salvage ve11 hicle’ has the meaning given that term in section

12 33301.

13 ‘‘(9) SELF-INSURED LEASING OR RENTAL BUSI14 NESS.—The term ‘self-insured leasing or rental busi15 ness’ means a business that, during the preceding

16 12-month period, has leased or rented at least 25 ve17 hicles that were not covered by insurance for claims

18 of damage to those vehicles.

19 ‘‘(10) STATE.—The term ‘State’ means a State

20 of the United States or the District of Columbia.

21 ‘‘(11) TITLE.—With respect to a motor vehicle,

22 the term ‘title’ has the meaning given that term in

23 section 33301.’’.
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1 (b) NATIONAL MOTOR VEHICLE INFORMATION SYS2 TEM.—Section 30502 of title 49, United States Code, is

3 amended—

4 (1) in subsection (d)—

5 (A) by striking ‘‘an automobile’’ each place

6 that term appears and inserting ‘‘a motor vehi7 cle’’;

8 (B) in paragraph (1), by striking ‘‘certifi9 cate of title’’ and inserting ‘‘title’’;

10 (C) by striking paragraph (3) and insert11 ing the following:

12 ‘‘(3) whether a motor vehicle known to be titled

13 in a particular State is or has been a salvage, flood,

14 or nonrepairable vehicle, or has suffered major dam15 age’’;

16 (D) in paragraph (4)—

17 (i) by striking ‘‘that automobile’’ each

18 place that term occurs and inserting ‘‘that

19 motor vehicle’’; and

20 (ii) by striking ‘‘certificate of title’’

21 and inserting ‘‘title’’; and

22 (E) by striking paragraph (5) and insert23 ing the following;
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1 ‘‘(5) whether a motor vehicle bearing a known

2 vehicle identification number has been reported as a

3 salvage, flood, or nonrepairable vehicle’’; and

4 (2) in subsection (e)—

5 (A) in paragraph (1)—

6 (i) in subparagraph (A), by striking

7 ‘‘any automobile’’ and inserting ‘‘any

8 motor vehicle’’;

9 (ii) in subparagraph (B), by striking

10 ‘‘a particular automobile, junk yard, or sal11 vage yard’’ and inserting ‘‘a particular

12 motor vehicle or automotive recycler or dis13 mantler’’;

14 (iii) in subparagraph (C)—

15 (I) by striking ‘‘an automobile’’

16 and inserting ‘‘a motor vehicle’’;

17 (II) by striking ‘‘used auto18 mobiles’’ and inserting ‘‘used motor

19 vehicles’’; and

20 (III) by striking ‘‘that auto21 mobile’’ and inserting ‘‘that motor ve22 hicle’’; and

23 (iv) in subparagraph (D)—

24 (I) by striking ‘‘an automobile’’

25 and inserting ‘‘a motor vehicle’’; and
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1 (II) by striking ‘‘that auto2 mobile’’ and inserting ‘‘that motor ve3 hicle’’; and

4 (B) in paragraph (2), by striking the sec5 ond sentence and inserting the following: ‘‘The

6 operator may not collect the social security ac7 count number of an individual or permit any

8 user of the System to obtain the address or so9 cial security account number of an individual,

10 except that the operator shall permit an owner

11 of a motor vehicle to obtain the name and ad12 dress of a previous owner of that vehicle, if

13 available, upon receipt of a written certification

14 by the owner that the information is sought

15 only for use in investigating facts about the

16 prior history of the vehicle.’’.

17 (c) STATE PARTICIPATION.—Section 30503 of title

18 49, United States Code, is amended—

19 (1) in subsection (b)—

20 (A) in the matter preceding paragraph (1),

21 by striking ‘‘an automobile’’ and inserting ‘‘the

22 automobile’’; and

23 (B) in paragraph (1)—
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1 (i) by striking ‘‘automobile’’ each

2 place that term appears and inserting

3 ‘‘motor vehicle’’; and

4 (ii) by striking ‘‘certificate of title’’

5 each place that term appears and inserting

6 ‘‘title’’; and

7 (2) in subsection (c), by striking ‘‘automobiles’’

8 and inserting ‘‘motor vehicles’’.

9 (d) REPORTING REQUIREMENTS.—Section 30504 of

10 title 49, United States Code, is amended—

11 (1) by striking ‘‘the automobile’’ each place

12 that term appears and inserting ‘‘the motor vehicle’’;

13 (2) in subsection (a)—

14 (A) by striking the subsection heading and

15 all that follows through ‘‘at a time’’ and insert16 ing the following:

17 ‘‘(a) AUTOMOTIVE RECYCLERS OR DISMANTLERS.—

18 Beginning at a time’’;

19 (B) in the first sentence, by striking ‘‘junk

20 yard or salvage yard’’ and inserting ‘‘auto21 motive recycler or dismantler’’; and

22 (C) by striking the second sentence and in23 serting the following: ‘‘The report shall contain

24 an inventory of all salvage, flood, or nonrepair25 able vehicles, and all vehicles that have suffered
44

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1 major damage, obtained by the automotive recy2 cler or dismantler during the preceding

3 month.’’;

4 (D) by striking paragraph (2);

5 (E) by striking ‘‘(A)’’ and inserting ‘‘(1)’’;

6 (F) by striking ‘‘(B)’’ and inserting ‘‘(2)’’;

7 (G) by striking ‘‘(C)’’ and inserting ‘‘(3)’’;

8 and

9 (H) by striking ‘‘(D)’’ and inserting ‘‘(4)’’;

10 and

11 (3) by striking subsection (b) and inserting the

12 following:

13 ‘‘(b) INSURANCE CARRIERS AND SELF-INSURED

14 LEASING OR RENTAL BUSINESSES.—

15 ‘‘(1) IN GENERAL.—Beginning on a date estab16 lished by the Attorney General, but not earlier than

17 the third month before the establishment or designa18 tion of the System, an individual or entity engaged

19 in business as an insurance carrier or self-insured

20 leasing or rental business shall file—

21 ‘‘(A) an initial report with the operator;

22 and

23 ‘‘(B) a monthly report thereafter.

24 ‘‘(2) FILING.—A report under paragraph (1)

25 may be filed directly or through a designated agent.
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1 ‘‘(3) REPORTS FILED BY INSURANCE CAR2 RIERS.—A report filed under paragraph (1) by an

3 insurance carrier shall contain an inventory of all

4 motor vehicles with respect to which the insurance

5 carrier, during the preceding month—

6 ‘‘(A) has settled claims; and

7 ‘‘(B) has determined to—

8 ‘‘(i) have suffered major damage or

9 flood damage; or

10 ‘‘(ii) have become a salvage or non11 repairable vehicle.

12 ‘‘(4) REPORTS FILED BY SELF-INSURED LEAS13 ING OR RENTAL BUSINESSES.—A report filed under

14 paragraph (1) by a self-insured leasing or rental

15 business shall contain an inventory of all motor vehi16 cles leased or rented by the business with respect to

17 which the business, during the preceding month, has

18 determined to have—

19 ‘‘(A) suffered major damage or flood dam20 age; or

21 ‘‘(B) become a salvage or nonrepairable ve22 hicle.

23 ‘‘(5) INVENTORIES.—An inventory in a report

24 filed under this subsection by an insurance carrier or
46

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1 self-insured leasing or rental business under this

2 subsection shall contain—

3 ‘‘(A) the vehicle identification number of

4 each such motor vehicle;

5 ‘‘(B) the date and description of the dam6 age to the vehicle;

7 ‘‘(C)(i) the name of the individual or entity

8 who owned the vehicle; and

9 ‘‘(ii) if the vehicle was leased or rented—

10 ‘‘(I) the date on which the vehicle was

11 damaged; and

12 ‘‘(II) the name of the individual or en13 tity who leased or rented the vehicle; and

14 ‘‘(D) the name of the owner of the vehicle

15 at the time of the filing of the report.’’.

Æ