,,ii  #aahth ,,congress  #b;d ,session  
,s4 #djec  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,march #bb1    
#bjbd,mr4 ,blumenthal 7for himself1 ,mr4
 ,markey1 and ,ms4 ,warren7 introduced  
the following bill2 which was read twice
 and referred to the ,committee on      
,commerce1 ,science1 and ,transportation
  ,a ,,bill  ,to prohibit the sale1     
lease1 or loan of used motor vehicles   
with open recalls to consumers by auto  
dealers4  #a4 ,short title ,this ,act   
may be cited as the ,used ,car ,safety  
,recall ,repair ,act4  #b4 ,used motor  
vehicle consumer protection  7a7        
,definitions ,section #cjajb7;a7 of     
title #di1 ,united ,states ,code1 is    
amended-- 7#a7 in the matter preceding  
paragraph 7#a71 by striking chapter--   
and inserting chapter32  7#b7 in each of
 paragraphs 7#a7 through 7#ac7-- 7,a7 by
 inserting ,the term after the paragraph
 designation2 and  7,b7 by inserting a  
paragraph heading1 the text of which is 
comprised of the term defined in the    

paragraph2 and  7#c7 by adding at the   
end the following3  7#ad7 ,used motor   
vehicle ,the term used motor vehicle    
means a motor vehicle that has          
previously been purchased other than for
 resale4  4  7b7 ,dealer reimbursement  
and limitation on the sale1 lease1 or   
loan of used motor vehicles ,section    
#cjabj of title #di1 ,united ,states    
,code1 is amended-- 7#a7 in subsection  
7f7-- 7,a7 by redesignating paragraphs  
7#a7 and 7#b7 as paragraphs 7#b7 and    
7#a71 respectively1 and moving the      
paragraphs so as to appear in numerical 
order2  7,b7 in paragraph 7#b7 7as so   
redesignated71 in the paragraph heading1
 by striking ,in general and inserting  
,reimbursement for remedy provided2 and 
7,c7 by adding at the end the following3
  7#c7 ,unavailable remedy for a used   
motor vehicle  7,a7 ,definition of      
dealer ,in this paragraph1 the term     
dealer has the meaning given the term in
 subsection 7l77#a74  7,b7              
,reimbursement  7i7 ,in general ,if a   

dealer is in possession of a used motor 
vehicle and the manufacturer of that    
used motor vehicle has failed to make a 
remedy available by the date described  
in clause 7ii71 the manufacturer shall  
reimburse the dealer at the rate        
described in clause 7iii7 until the     
earlier of-- 7,i7 the date on which a   
remedy is made available by the         
manufacturer2 and  7,,ii7 the date on   
which the total amount of payments to a 
dealer under this paragraph equals the  
fair market value of the used motor     
vehicle4  7ii7 ,date described ,the date
 referred to in clause 7i7 is the date  
that is #fj days after the date         
described in section #cjaai7;b7 and     
specified by the manufacturer-- 7,i7 in 
a notification under section            
#cjaai7;a77#e72 or  7,,ii7 under section
 #cjaba7;c77#b74  7iii7 ,rate described 
,the rate referred to in clause 7i7 is a
 rate determined by the ,secretary that 
is not less than #a percent of the fair 
market value of the used motor vehicle  

per month1 which shall be prorated on a 
daily basis for each day that the used  
motor vehicle is in the possession of   
the dealer-- 7,i7 after the date        
described in clause 7ii72 and  7,,ii7   
before the date on which a remedy is    
made available by the manufacturer4     
7iv7 ,limitation ,the total amount of   
payments to a dealer under this         
paragraph with respect to a used motor  
vehicle shall not exceed the fair market
 value of that used motor vehicle4  2   
and  7#b7 by adding at the end the      
following3  7l7 ,limitation on the sale1
 lease1 or loan of used motor vehicles  
7#a7 ,definition of dealer ,in this     
subsection1 the term dealer means a     
person that1 during the #a-year period  
ending on the date of the sale1 lease1  
or loan of a used motor vehicle1 has    
sold at least #e motor vehicles to      
buyers that in good faith purchased the 
vehicles other than for resale4  7#b7   
,limitation ,except as provided under   
paragraph 7#c71 a dealer shall not sell1

 lease1 or loan a used motor vehicle    
until after any defect or noncompliance 
for which notification is required under
 subsection 7b77#b77;,a7 or 7c7 of      
section #cjaah with respect to the      
vehicle has been remedied4  7#c7        
,exception ,paragraph 7#b7 shall not    
apply if-- 7,a7 the recall information  
regarding the used motor vehicle-- 7i7  
was not available at the time of sale1  
lease1 or loan using the means          
established by the ,secretary under     
section #cacja of the ,moving ,ahead for
 ,progress in the #bast ,century ,act   
7#di ,u4,s4,c4 #cjaff note2 ,public ,law
 #aab-ada72 and  7ii7 was not available 
on the website of the manufacturer2     
7,b7 notification of the defect or      
noncompliance is required by an order   
issued by the ,secretary under section  
#cjaah7;b77#b71 but enforcement of the  
order is set aside in a civil action to 
which section #cjaba7;d7 applies2  7,c7 
the used motor vehicle is sold at       
wholesale2 or  7,d7 7i7 the used motor  

vehicle is a junk automobile 7as defined
 in section #cjeja72 and  7ii7 all      
required information with respect to the
 used motor vehicle has been reported to
 the ,national ,motor ,vehicle ,title   
,information ,system under section      
#cjejd4  4  #c4 ,effective date ,this   
,act and the amendments made by this    
,act shall take effect on the date that 
is #a year after the date of enactment  
of this ,act4