[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 906 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 906
To ensure consumers have access to data relating to their motor
vehicles, critical repair information, and tools, and to provide them
choices for the maintenance, service, and repair of their motor
vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 9, 2023
Mr. Dunn of Florida (for himself, Mr. Boyle of Pennsylvania, Mr.
Davidson, and Ms. Perez) introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To ensure consumers have access to data relating to their motor
vehicles, critical repair information, and tools, and to provide them
choices for the maintenance, service, and repair of their motor
vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Equitable and Professional
Auto Industry Repair Act'' or the ``REPAIR Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) as technology advances and vehicle systems become more
advanced, vehicle repair and maintenance will require access to
extensive vehicle data, software, sophisticated replacement
components, training, diagnostic tools, and enhanced diagnostic
repair services;
(2) consumers and their designees must have access to
vehicle-generated data and aftermarket parts that are necessary
to maintain consumer choice and competitive pricing;
(3) consumer choice, consumer control, motor vehicle
cybersecurity, and safety are all valid concerns and do not
have to be mutually exclusive;
(4) vehicles generate increasingly massive amounts of data
and the Federal Trade Commission and the National Highway
Traffic Safety Administration are uniquely positioned, after
considering consumers' privacy and cybersecurity needs, to
designate additional types of data not specifically considered
or identified by Congress that consumers should be able to
easily share with persons they choose for the reasons they
choose and examine fair competition in evolving motor vehicle
technologies; and
(5) it is in the interest of the United States to foster
competition in the motor vehicle repair industry and not limit
consumers in their choices for maintenance, service, and
repair, allowing consumers and the industry to benefit from a
system that fosters communication, collaboration, and
innovation and promotes consumer choice.
SEC. 3. MAINTAINING COMPETITION AFTER CONSUMERS PURCHASE OR LEASE THEIR
MOTOR VEHICLES.
(a) In General.--
(1) Prohibition on motor vehicle manufacturers withholding
of data, critical repair information, and tools.--A motor
vehicle manufacturer shall not employ any technological barrier
or specified legal barrier that impairs the ability of--
(A) a motor vehicle owner or the motor vehicle
owner's designee to access vehicle-generated data
pursuant to subparagraphs (A) and (B) of paragraph (2);
(B) a motor vehicle owner or the motor vehicle
owner's designee, or an aftermarket parts manufacturer,
a motor vehicle equipment manufacturer, an aftermarket
parts remanufacturer, or a motor vehicle repair
facility and their distributors and service providers
to access critical repair information and tools
pursuant to paragraph (2)(C);
(C) a motor vehicle owner or the motor vehicle
owner's designee to use a vehicle towing or service
provider of their choice;
(D) an aftermarket parts manufacturer, a motor
vehicle equipment manufacturer, an aftermarket parts
remanufacturer, or a motor vehicle repair facility and
their distributors and service providers to produce or
offer compatible aftermarket parts; or
(E) a motor vehicle owner or the motor vehicle
owner's designee to diagnose, repair, and maintain a
motor vehicle in the same manner as any motor vehicle
manufacturer or motor vehicle dealer.
(2) Requirement to provide motor vehicle data to owners.--A
motor vehicle manufacturer shall--
(A) effective on the date of enactment of this Act,
provide for motor vehicle owners or their designees,
without restrictions or limitations (including a fee,
license, or requiring use of a device mandated by the
motor vehicle manufacturer to decrypt vehicle-generated
data), to have access to vehicle-generated data;
(B) beginning not later than 1 year after
publication of the final rule issued under section
5(b), if the motor vehicle manufacturer utilizes
wireless technology or telematics systems to transmit
any vehicle-generated data, make available vehicle-
generated data described in subparagraph (A) to the
motor vehicle owner and their designees, directly and
wirelessly from the vehicle through a standardized
access platform; and
(C) effective on the date of enactment of this Act,
make available to motor vehicle owners and their
designees, aftermarket parts manufacturers, aftermarket
parts remanufacturers, and motor vehicle repair
facilities, and their distributors and service
providers without restrictions or limitations, any
critical repair information and tools related to the
motor vehicles it manufactures at a fair, reasonable,
and nondiscriminatory cost.
(3) Prohibition on certain mandates by motor vehicle
manufacturers related to repairs.--Outside of recall and
warranty repairs, a motor vehicle manufacturer shall not,
within repair or maintenance service procedures,
recommendations, service bulletins, repair manuals, position
statements, or other similar repair or maintenance guides that
are distributed to consumers or to professional repairers--
(A) mandate or imply a mandate to use any
particular brand or manufacturer of parts, tools, or
equipment; or
(B) recommend the use of any particular brand or
manufacturer of parts, tools, or equipment unless the
motor vehicle manufacturer provides a prominent notice
immediately following the recommendation, in the same
font as the recommendation and in a font size no
smaller than the font size used in the recommendation,
stating that: ``Vehicle owners can choose which repair
parts, tools, and equipment to purchase and should
carefully consider their options.''.
(4) Cybersecurity.--Nothing in this section shall preclude
a manufacturer from employing cryptographic or technological
protections necessary to secure vehicle-generated data, safety
critical vehicle systems, and vehicles.
(5) Prohibition on certain limitations.--The entity
managing access to vehicle-generated data transmitted by the
standardized access platform shall not limit the number or
types of persons which each motor vehicle owner may designate
as simultaneous designees under this subsection.
(6) Notifications.--Each motor vehicle manufacturer shall
notify motor vehicle owners either via an on-vehicle screen or
through a mobile device that vehicle-generated data is being
accessed. Notifications shall specify whether each such access
by the motor vehicle owner, a designee of the motor vehicle
owner, or the motor vehicle manufacturer, includes the ability
to send an in-vehicle command or software update in order to
complete a repair.
(7) Limitation.--A motor vehicle manufacturer, including
any affiliates of the motor vehicle manufacturer, and any
persons working on behalf of the motor vehicle manufacturer,
shall not be considered or treated as, or in the same way, as
the motor vehicle owner or as designees of the motor vehicle
owner for any purpose except for including them in
notifications of persistent access to vehicle-generated data.
(b) Nullification of Attempts To Restrict Competition and Consumer
Rights.--Any provision in a contract executed on or after the date of
enactment of this Act by or on behalf of a motor vehicle manufacturer
that purports to violate subsection (a) shall be null and void to the
extent that it would allow the motor vehicle manufacturer to avoid its
obligations under subsection (a).
SEC. 4. FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Commission shall establish a ``Fair
Competition After Vehicles Are Sold Advisory Committee'', hereafter
referred to as the ``Advisory Committee''. The Chairman of the
Commission (or the designee of the Chairman) shall serve as the
chairman of the Advisory Committee.
(b) Membership.--The Advisory Committee shall be composed of the
following members:
(1) The Director of the Bureau of Competition, or his or
her designee.
(2) The Administrator of the National Highway Traffic
Safety Administration, or his or her designee.
(3) Eleven individuals, appointed by the Chairman of the
Commission, from each of the following:
(A) Independent repair facilities.
(B) Motor vehicle parts retailers.
(C) Motor vehicle parts distributors.
(D) Original equipment parts manufacturers.
(E) Aftermarket parts manufacturers.
(F) Aftermarket tools manufacturers.
(G) Motor vehicle manufacturers.
(H) Vehicle dealership service centers.
(I) Consumer rights organizations.
(J) Automobile insurers.
(K) Trucking companies.
(c) Function.--The Advisory Committee shall provide recommendations
to the Commission on implementation of this Act and competition issues
after motor vehicles are sold, including those facing the vehicle
repair industry to include an assessment of existing and emerging
barriers related to vehicle repair, as well as ensuring motor vehicle
owners' control over their vehicle-generated data.
(d) Duties.--In carrying out its function under subsection (c), the
Advisory Committee shall--
(1) foster industry collaboration in a clear and
transparent manner;
(2) coordinate with and include participation by the
private sector, including representatives of--
(A) independent repair facilities;
(B) motor vehicle parts retailers;
(C) motor vehicle parts distributors;
(D) original equipment parts manufacturers;
(E) aftermarket parts manufacturers;
(F) aftermarket tools manufacturers;
(G) motor vehicle manufacturers;
(H) vehicle dealership service centers;
(I) consumer rights organizations;
(J) automobile insurers;
(K) members of the public; and
(L) other interested parties; and
(3) assess existing and emerging barriers to competitive
vehicle repair.
(e) Meetings.--The Advisory Committee shall meet at least three
times per year at the call of the chairman.
(f) Report.--On at least an annual basis, the Advisory Committee
shall issue a report to the chairman on efforts by the industries
represented within the Advisory Committee to implement this Act as well
as an assessment of existing and emerging barriers to vehicle repair
and motor vehicle owners' control over their vehicle-generated data,
including whether additional types of data should be included in the
definition of vehicle-generated data. The Commission shall provide a
copy of each report to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate within 30 days of receipt of each report.
(g) Termination.--The Advisory Committee shall terminate upon an
agreement of a majority of the membership. The Advisory Committee shall
provide notice of its planned termination to the Committee on Energy
and Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate, not later than 30
days prior to such termination and shall include a basis for the
termination.
SEC. 5. RULEMAKING AND OTHER DIRECTIVES.
(a) Security Standards for Access to Vehicle-Generated Data Through
the Standardized Access Platform.--Not later than 1 year after the date
of enactment of this Act, the National Highway Traffic Safety
Administration, in consultation with the Commission, shall, by
regulations issued under section 553 of title 5, United States Code,
issue standards for access to data through the standardized access
platform and establish guidance to ensure the security of vehicle-
generated data and vehicles as related to the access of vehicle-
generated data required pursuant to this Act.
(b) Designation of Independent Entity To Administer Access to Data
Through the Standardized Access Platform.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Commission, in consultation with the
National Highway Traffic Safety Administration, shall, by
regulations issued under section 553 of title 5, United States
Code, designate an independent entity not controlled by one or
more motor vehicle manufacturers to establish and administer
access to vehicle-generated data transmitted by standardized
access platforms.
(2) Composition.--Such independent entity designated under
paragraph (1) shall consist of a cross-section of industry
stakeholders, including aftermarket part manufacturers,
telematics service providers, and motor vehicle manufacturers.
(3) Responsibilities.--The responsibilities of such
independent entity shall include--
(A) managing cybersecure access of vehicle-
generated data, including ensuring, on an ongoing
basis, that access to the platform is secure based on
all applicable international standards, including those
required by the National Highway Traffic Safety
Administration in the final regulations issued pursuant
to paragraph (1);
(B) managing legitimate data requests, data
standardization, and harmonization; and
(C) dispute resolution.
(c) Informing Motor Vehicle Owners of Their Rights Under This
Act.--Not later than 2 years after the date of enactment of this Act,
the Commission, in consultation with the National Highway Traffic
Safety Administration, shall issue final regulations under section 553
of title 5, United States Code, to require motor vehicle manufacturers
and motor vehicle dealers to inform motor vehicle owners of their
rights under this Act at the point of purchase or lease of a motor
vehicle.
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
or a regulation issued under section 5 shall be treated as a violation
of a regulation under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive
acts or practices. The Commission shall enforce this section in the
same manner, by the same means, and with the same jurisdiction, powers,
and duties as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and
made a part of this Act.
(b) Privileges and Immunities.--Any person who violates this Act
shall be subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act.
(c) Complaint Process.--
(1) Filing.--Any person alleging any action taken or
refused to be taken by any motor vehicle manufacturer subject
to this Act, in violation of this Act may file a complaint with
the Commission briefly stating the facts of such complaint.
(2) Notification to and response from motor vehicle
manufacturer.--Upon receiving a complaint under this
subsection, the Commission shall forward the complaint to the
motor vehicle manufacturer named in the complaint, and request
that such motor vehicle manufacturer answer such complaint in
writing within a reasonable time to be specified by the
Commission.
(3) Further action.--If such motor vehicle manufacturer
within the time specified in paragraph (2) has ceased the
conduct that is the subject of the complaint and has otherwise
made reparation for any harm or injury alleged to have been
caused, the motor vehicle manufacturer shall be relieved of
liability to the complainant only for the particular violation
of law thus complained of. If such motor vehicle manufacturer
does not satisfy the complaint within the time specified or
there is any reasonable ground for investigating such
complaint, the Commission shall investigate the matters
complained of in such manner and by such means as it shall
consider proper. No complaint may at any time be dismissed
because of the absence of direct damage to the complaint.
(4) Deadline for orders by the commission.--The Commission
shall, with respect to any investigation of complaint of a
violation of this Act or a regulation issued under section 5,
issue an order concluding such investigation within 5 months
after the date on which the complaint was filed. Any order
concluding an investigation under this paragraph shall be a
final order and may be appealed to the Federal district court
for the District of Columbia.
SEC. 7. DEFINITIONS.
(a) Definitions.--In this Act, the following definitions apply:
(1) Aftermarket part.--The term ``aftermarket part'' means
any part offered for sale or for installation in or on a motor
vehicle after such vehicle has left the vehicle manufacturer's
production line. Such term does not include any original
equipment or part manufactured for a motor vehicle
manufacturer.
(2) Barrier.--The term ``barrier'' means a restriction that
prohibits, makes more difficult, or tends to make more
difficult, the ability of a person to exercise rights under
this Act.
(3) Critical repair information and tools.--The term
``critical repair information and tools'' means all necessary
technical and compatibility information, tools, equipment,
schematics, parts nomenclature and descriptions, parts
catalogs, repair procedures, training materials, software, and
technology, specifically including but not limited to
information related to diagnostics, repair, service,
calibration or recalibration of parts and systems to return a
vehicle to operational specifications.
(4) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code.
(5) Motor vehicle repair facility.--The term ``motor
vehicle repair facility'' means any person or business who, in
the ordinary course of its business, is engaged in the business
of diagnosis, service, maintenance, repair, or calibration of
motor vehicles or motor vehicle equipment.
(6) Motor vehicle dealer.--The term ``motor vehicle
dealer'' means a dealer, as defined in section 30102(a) of
title 49, United States Code, which has an agreement with a
motor vehicle manufacturer related to the diagnostics, repair,
or service of a motor vehicle.
(7) Motor vehicle manufacturer.--The term ``motor vehicle
manufacturer'' means an entity manufacturing a ``motor
vehicle'' as defined in section 30102(a) of title 49, United
States Code.
(8) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a) of title 49, United
States Code, and of the term ``motor vehicle trailer'' in
section 390 of title 49, Code of Federal Regulations.
(9) Motor vehicle equipment.--The term ``motor vehicle
equipment'' has the meaning given such term in section 30102(a)
of title 49, United States Code.
(10) Motor vehicle owner.--The term ``motor vehicle owner''
means a person with a present possessive ownership right in a
motor vehicle or a lessee of a motor vehicle. It does not
include a motor vehicle manufacturer or a person operating on
behalf of a motor vehicle manufacturer, a motor vehicle
financing company, a motor vehicle dealer, or a motor vehicle
lessor.
(11) Person.--The term ``person'' means an individual,
trust, estate, partnership, association, company, or
corporation.
(12) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(13) Chairman.--The term ``Chairman'' means the Chairman of
the Federal Trade Commission.
(14) Remanufacturer.--The term ``remanufacturer'' means a
person utilizing a standardized industrial process by which
previously sold, worn, or non-functional products are returned
to same-as-new, or better, condition and performance. The
process is in line with specific technical specifications,
including engineering, quality, and testing standards. The
process yields fully warranted products.
(15) Service provider.--The term ``service provider'' means
any designee of a motor vehicle owner or motor vehicle repair
facility employed by the motor vehicle owner or motor vehicle
repair facility to assist with the diagnosis and repair of a
vehicle including wireless and remote technologies, or with any
other wireless and remote services comparable to those provided
by a vehicle manufacturer.
(16) Specified legal barrier.--The term ``specified legal
barrier'' means--
(A) requesting a waiver of a motor vehicle owner's
right to use a repair facility of the consumer's choice
under this Act, requiring a waiver as a condition for
purchasing, leasing, operating, or obtaining warranty
repairs, or offering any compensation or other
incentive for such a waiver; or
(B) a barrier included within the definition of
``specified legal barrier'' in regulations promulgated
by the Commission pursuant to subsection (b).
(17) Standardized access platform.--The term ``standardized
access platform'' means a cybersecure authentication and
authorization system developed by a motor vehicle manufacturer,
for the motor vehicles it manufactures, that has the ability to
securely access and communicate vehicle generated data
emanating directly from a motor vehicle via direct local and
remote wireless data connections bidirectionally and in real
time.
(18) Technological barrier.--The term ``technological
barrier'' means any technological restriction that prohibits,
makes more difficult, or tends to make more difficult, the
ability of a person to exercise rights under this Act. It
includes any such restriction specifically prohibited by
regulations promulgated by the Commission pursuant to
subsection (b).
(19) Telematics system.--The term ``telematics system''
means any system in a motor vehicle that collects information
generated by the operation of the vehicle and transmits such
information, utilizing wireless communications to a remote
receiving point where it is stored.
(20) Vehicle-generated data.--The term ``vehicle-generated
data'' means any direct, real-time, in-vehicle data generated,
or generated and retained, by the operation of a motor vehicle
related to diagnostics, repair, service, wear, and calibration
or recalibration of parts and systems required to return a
vehicle to operational specifications in compliance with
Federal motor vehicle safety and emissions laws, regulations,
and standards, as well as any data related to the types of data
included within the definition of vehicle-generated data in
regulations promulgated by the Commission pursuant to
subsection (b).
(b) Authority To Expand Certain Definitions.--
(1) Regulations.--The Commission, in consultation with the
National Highway Traffic Safety Administration, may, by
regulation under section 553 of title 5, United States Code--
(A) expand the definition of specified legal
barrier under subsection (a)(16) to include barriers
to--
(i) motor vehicle repair; or
(ii) control by a motor vehicle owner of
the motor vehicle owner's vehicle-generated
data;
(B) include within the definition of technological
barrier under subsection (a)(18) specific prohibited
practices; or
(C) add additional types of data to the definition
of vehicle-generated data under subsection (a)(20),
regardless of whether those types of data are related
to motor vehicle repair, taking cybersecurity and
privacy into consideration, to allow consumers and
their designees to directly access additional types of
vehicle-generated data, and for additional purposes.
(2) Review.--The Commission shall review its authority
under paragraph (1) not less frequently than every 3 years
after the date of enactment of this Act to consider whether it
is necessary to update such definitions under such authority to
ensure that the standardized access platform is effective for
motor vehicle owners and their designees. In conducting such
reviews, the Commission shall request comments from aftermarket
parts manufacturers, motor vehicle repair facilities, motor
vehicle manufacturers, consumer rights organizations,
automobile insurers, and others for the Commission to collect
information on new, emerging barriers and other issues relevant
to the Commission's determination of whether to updates such
definitions.
SEC. 8. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
every two years thereafter, the Commission shall submit to the
Committee on Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation of the Senate a
report that includes--
(1) a summary of investigations conducted and orders issued
under section 6, including descriptions of unfair practices
relating to repair and data access restrictions, and a summary
of best practices from stakeholders;
(2) actions the Commission is taking to adapt to changes
and advances in motor vehicle technology to maintain
competition in the motor vehicle aftermarket and to ensure
motor vehicle owners' control over their vehicle-generated
data; and
(3) any recommendations by the Commission for legislation
that would improve the ability of the Commission and other
relevant Federal agencies to further protect consumers from
unfair acts limiting competition in motor vehicle repair and
strengthen their control over their vehicle-generated data.
SEC. 9. EFFECT ON STATE LAW.
(a) In General.--Except as provided in subsection (b), this Act
shall preempt State law only to the extent a State law imposes a duty
on a manufacturer that is narrower than the duties described in this
section.
(b) Preemption.--Notwithstanding subsection (a), this Act shall
preempt any State law mandating the use of any particular brand or
manufacturer of parts, tools, or equipment for the purpose of
maintaining, diagnosing, or repairing a motor vehicle.
SEC. 10. SEVERABILITY.
If any provision of this Act is held to be invalid, the remainder
of this Act shall not be affected thereby.
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