II 

112TH CONGRESS 

2D SESSION S. 3502 

To amend title 49, United States Code, to prohibit rental of motor vehicles 

under a safety recall because of a defect related to motor vehicle safety 

or noncompliance with an applicable motor vehicle safety standard until 

the defect or noncompliance is remedied, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 2, 2012 

Mrs. BOXER (for herself and Mrs. FEINSTEIN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To amend title 49, United States Code, to prohibit rental 

of motor vehicles under a safety recall because of a 

defect related to motor vehicle safety or noncompliance 

with an applicable motor vehicle safety standard until 

the defect or noncompliance is remedied, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Raechel and Jacqueline 

5 Houck Safe Rental Car Act of 2012’’. 

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1 SEC. 2. APPLICATION OF MOTOR VEHICLE SAFETY STAND2 ARDS TO CAR RENTAL COMPANIES. 

3 (a) COVERED RENTAL VEHICLE AND RENTAL COM4 PANY DEFINED.—Section 30102(a) of title 49, United 

5 States Code, is amended— 

6 (1) by redesignating paragraphs (1) through 

7 (11) as paragraphs (2), (3), (4), (5), (6), (7), (8), 

8 (9), (10), (12), and (13), respectively; 

9 (2) by inserting before paragraph (2) (as so re10 designated) the following: 

11 ‘‘(1) ‘covered rental vehicle’ means a motor ve12 hicle that— 

13 ‘‘(A) is rated at 26,000 pounds gross vehi14 cle weight or less; 

15 ‘‘(B) is rented without a driver for an ini16 tial term of less than 4 months; and 

17 ‘‘(C) is part of a motor vehicle fleet of 5 

18 or more motor vehicles that is used for rental 

19 purposes by a rental company.’’; and 

20 (3) by inserting after paragraph (10) (as so re21 designated) the following: 

22 ‘‘(11) ‘rental company’ means a person who— 

23 ‘‘(A) is engaged in the business of renting 

24 covered rental vehicles; and 

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1 ‘‘(B) uses for rental purposes a motor ve2 hicle fleet of 5 or more covered rental vehi3 cles.’’. 

4 (b) NOTIFICATION BY RENTAL COMPANIES TO RENT5 ERS.— 

6 (1) IN GENERAL.—Section 30119 of such title 

7 is amended by adding at the end the following: 

8 ‘‘(g) NOTIFICATION BY RENTAL COMPANY TO

9 RENTER.—A rental company that receives a notification 

10 required under section 30118 of this title that includes 

11 the vehicle identification number of a covered rental vehi12 cle during a period in which the vehicle is rented shall, 

13 as soon as practicable, contact the renter of the vehicle 

14 and any authorized driver of the vehicle for whom the 

15 rental company has immediate contact information to in16 form the renter and authorized driver of the defect or non17 compliance.’’. 

18 (2) REGULATIONS.—The Secretary of Trans19 portation may not begin any process to promulgate 

20 regulations under subsection (g) of such section, as 

21 added by paragraph (1), until the date that is 3 

22 years after the date of the enactment of this Act. 

23 (c) LIMITATION ON SALES, LEASES, OR RENTALS BY

24 RENTAL COMPANIES.—Section 30120(i) of such title is 

25 amended— 

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1 (1) in paragraph (1)— 

2 (A) in the matter preceding subparagraph 

3 (A)— 

4 (i) by inserting ‘‘, or the manufac5 turer has provided to a rental company no6 tification about a covered rental vehicle 

7 (including the vehicle identification number 

8 for such vehicle) in the company’s posses9 sion at the time of notification,’’ after 

10 ‘‘time of notification’’; and 

11 (ii) by striking ‘‘the dealer may sell or 

12 lease’’ and inserting ‘‘the dealer or rental 

13 company may sell, lease, or rent’’; and 

14 (B) in subparagraph (A), by striking 

15 ‘‘under the sale or lease’’ and inserting ‘‘under 

16 the sale, lease, or rental agreement’’; 

17 (2) in paragraph (2), by inserting ‘‘or rental 

18 company’’ after ‘‘a dealer’’; and 

19 (3) in the subsection heading by striking ‘‘OR

20 LEASE’’ and inserting ‘‘, LEASE, OR RENTAL’’. 

21 (d) PROHIBITION ON MAKING SAFETY DEVICES AND

22 ELEMENTS INOPERATIVE.—Section 30122(b) of such title 

23 is amended by inserting ‘‘rental company,’’ after ‘‘dealer,’’ 

24 both places it appears. 

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1 (e) INSPECTIONS, INVESTIGATIONS, AND

2 RECORDS.— 

3 (1) MATTERS THAT CAN BE INSPECTED AND

4 IMPOUNDMENT.—Subsection (c)(2) of section 30166 

5 of such title is amended by striking ‘‘or dealer’’ both 

6 places it appears and inserting ‘‘dealer, or rental 

7 company’’. 

8 (2) RECORDS AND MAKING REPORTS.—Sub9 section (e) of such section is amended by striking 

10 ‘‘or dealer’’ each place it appears and inserting 

11 ‘‘dealer, or rental company’’. 

12 (3) PROVIDING COPIES OF COMMUNICATIONS

13 ABOUT DEFECTS AND NONCOMPLIANCE.—Subsection 

14 (f) of such section is amended by inserting ‘‘rental 

15 companies or other’’ after ‘‘dealers or to’’. 

16 (f) RESEARCH AUTHORITY.—The Secretary of 

17 Transportation may conduct a study of the effectiveness 

18 of the amendments made by this section and of other ac19 tivities of rental companies (as defined in section 30102(a) 

20 of title 49, United States Code, as added by subsection 

21 (a)(2)) related to their use and disposition of motor vehi22 cles that are the subject of a notification required under 

23 section 30118 of title 49, United States Code. 

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1 (g) EFFECTIVE DATE.—The amendments made by 

2 this section shall take effect on the date that is 60 days 

3 after the date of enactment of this Act. 

Æ 

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