[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1566 Introduced in House (IH)]
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119th CONGRESS
1st Session
H. R. 1566
To ensure consumers have access to data relating to motor vehicles of
the consumers and critical repair information and tools for such motor
vehicles, to provide such consumers with choices for the maintenance,
service, and repair of such vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2025
Mr. Dunn of Florida (for himself, Ms. Perez, Mr. Davidson, Mr. Boyle of
Pennsylvania, Mrs. Harshbarger, Mr. Tonko, Mr. Nunn of Iowa, Mr.
Mullin, Mr. Thompson of Pennsylvania, Mr. Landsman, Mr. Amodei of
Nevada, Ms. Pettersen, Mr. Bost, Ms. Norton, Mr. Rose, and Mr. Khanna)
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 motor vehicles of
the consumers and critical repair information and tools for such motor
vehicles, to provide such consumers with choices for the maintenance,
service, and repair of such 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. MAINTAINING COMPETITION AND DATA PRIVACY AFTER CONSUMERS
PURCHASE MOTOR VEHICLES.
(a) In General.--
(1) Prohibition on motor vehicle manufacturers withholding
vehicle-generated data, critical repair information, and
tools.--A motor vehicle manufacturer may not employ any
technological barrier or specified legal barrier that impairs
the ability of--
(A) a motor vehicle owner (or a designee of a motor
vehicle owner) to access vehicle-generated data
pursuant to paragraph (2);
(B) a motor vehicle owner (or a designee of a motor
vehicle owner), an aftermarket parts manufacturer, a
diagnostic tool manufacturer, a manufacturer of motor
vehicle equipment, an aftermarket parts remanufacturer,
or a motor vehicle repair facility (or a distributor or
service provider of a motor vehicle repair facility) to
access critical repair information and tools;
(C) a motor vehicle owner (or a designee of a motor
vehicle owner) to use a motor vehicle towing or service
provider chosen by such owner (or such designee);
(D) an aftermarket parts manufacturer, a motor
vehicle equipment manufacturer, an aftermarket parts
remanufacturer, or a motor vehicle repair facility (or
a distributor or service provider of a motor vehicle
repair facility) to produce or offer compatible
aftermarket parts; or
(E) a motor vehicle owner (or a designee of a motor
vehicle owner) 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 vehicle-generated data to motor
vehicle owners.--A motor vehicle manufacturer shall--
(A) provide for a motor vehicle owner (or a
designee of a motor vehicle owner), without restriction
or limitation, in or at the same manner, time, method,
cost (less discounts and rebates), data content set,
and subject to the same cryptographic or technological
protections as any motor vehicle manufacturer, motor
vehicle dealer, authorized motor vehicle service
provider, or any other third party to whom such
manufacturer provides vehicle-generated data, to have
access to vehicle-generated data--
(i) through and including the interface
ports of the motor vehicle (including OBD port
and J-1939); and
(ii) to the extent such vehicle is equipped
for wireless transmission of such data, over
wireless technology via any telematics system;
and
(B) make available to motor vehicle owners (or
designees of motor vehicle owners), aftermarket parts
manufacturers, aftermarket parts remanufacturers,
diagnostic tool manufacturers, and motor vehicle repair
facilities (and the distributors and service providers
of such facilities) without restriction or limitation,
in or at the same manner, time, method, cost (less
discounts and rebates), data content set, and subject
to the same cryptographic or technological protections,
as any motor vehicle manufacturer, motor vehicle
dealer, authorized motor vehicle service provider, or
any other third party to whom such manufacturer
provides vehicle-generated data, any critical repair
information and tools related to the motor vehicles
such manufacturer manufactures.
(3) Prohibition on certain mandates related to repairs.--
Except for recall and warranty repairs, 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 motor vehicle manufacturer may not--
(A) mandate or imply a mandate to use any
particular brand or manufacturer of parts, tools, or
motor vehicle equipment; or
(B) recommend the use of any particular brand or
manufacturer of parts, tools, or motor vehicle
equipment without 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 motor vehicle equipment to purchase and should
carefully consider their options.''.
(4) Prohibition on certain limitations.--Motor vehicle
manufacturers may not limit the number or types of persons who
a motor vehicle owner may designate as simultaneous designees
under this subsection.
(5) Limitation.--A motor vehicle manufacturer, including
any affiliate of such manufacturer and any person working on
behalf of such manufacturer, may not be considered or treated
in the same way as the motor vehicle owner (or a designee of
the motor vehicle owner) for any purpose, except for inclusion
in notifications of persistent access to vehicle-generated
data.
(6) Rules of construction.--Nothing in this Act may be
construed to--
(A) limit or expand any law or right relating to
intellectual property;
(B) require a motor vehicle manufacturer to divulge
any trade secret (as defined in section 1839 of title
18, United States Code) that is not made available to
motor vehicle owners (or designees of motor vehicle
owners), aftermarket parts manufacturers, aftermarket
parts remanufacturers, diagnostic tool manufacturers,
and motor vehicle repair facilities (and the
distributors and service providers of such facilities)
pursuant to paragraph (2)(B); or
(C) preclude a motor vehicle manufacturer from
employing cryptographic or technological protections
necessary to secure vehicle-generated data, safety
critical vehicle systems, and motor vehicles.
(7) Requirements for persons receiving vehicle-generated
data.--
(A) Revocation of designation.--A motor vehicle
owner may revoke the designation of a designee of such
owner in the same manner that such designee is
designated and without any unreasonable or deceptive
burden or barrier on such owner.
(B) Request to delete data.--Except as provided in
subparagraph (D), a person who accesses vehicle-
generated data shall delete such data not later than 72
hours after the relevant motor vehicle owner requests
(digitally or in writing) the person to do so, with the
exception of such data that is necessary to retain for
motor vehicle maintenance record-keeping, accounting,
and safety purposes.
(C) Use of data.--Except as provided in
subparagraph (D), a person who accesses or stores
vehicle-generated data--
(i) may not use such data for any purpose
unrelated to the diagnostics, repair, service,
wear, and calibration or recalibration of parts
and systems of the motor vehicle as such
services are requested by the motor vehicle
owner; and
(ii) may not sell, license, or transfer
such data to any other person, except as
requested or consented to by the motor vehicle
owner for the purpose of diagnostics, repair,
service, wear, and calibration or recalibration
of parts and systems of the motor vehicle.
(D) Research and development exception.--
(i) Research and development.--
Notwithstanding subparagraphs (B) and (C), a
manufacturer of motor vehicles, parts, or tools
may use and retain vehicle-generated data in a
de-identified form for purposes of research and
development related to the manufacture or
service of such motor vehicles, parts, or
tools.
(ii) Data in a de-identified form
defined.--In this paragraph, the term ``data in
a de-identified form'' means information that
does not identify and is not linked or
reasonably linkable to a distinct individual or
motor vehicle, regardless of whether the
information is aggregated, and with respect to
which the manufacturer of the motor vehicle,
parts, or tools--
(I) takes reasonable technical
measures to ensure that the information
cannot, at any point, be used to re-
identify an individual or device that
identifies or is linked or reasonably
linkable to an individual;
(II) publicly commits in a clear
and conspicuous manner--
(aa) to process and
transfer the information solely
in a de-identified form without
any reasonable means for re-
identification; and
(bb) to not attempt to re-
identify the information with
any individual or any device
that identifies or is linked or
reasonably linkable to an
individual; and
(III) contractually obligates any
person or entity who receives the
information from such manufacturer--
(aa) to comply with each
provision of this clause with
respect to the information; and
(bb) to require that such
obligation is included
contractually in any subsequent
instance in which the
information may be received by
such person or entity.
(b) Nullification of Attempts To Restrict Competition and Consumer
Rights.--Any provision in a contract executed on or after the date of
the 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 such provision would allow the motor vehicle
manufacturer to avoid the prohibitions and requirements described in
subsection (a).
SEC. 3. FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE.
(a) Establishment.--Not later than 90 days after the date of the
enactment of this Act, the Commission shall establish an advisory
committee to be known as the ``Fair Competition After Vehicles Are Sold
Advisory Committee'' (in this section referred to as the ``Advisory
Committee'').
(b) Chair.--The Chair of the Commission (or a designee of the
Chair) shall serve as the head of the Advisory Committee.
(c) Membership.--The Advisory Committee shall be composed of the
following members:
(1) The Director of the Bureau of Competition (or a
designee of the Director).
(2) The Administrator of the National Highway Traffic
Safety Administration (or a designee of the Administrator).
(3) 11 individuals, appointed by the Chair of the
Commission, to be comprised of 1 individual from each of the
following:
(A) Independent motor vehicle repair facilities.
(B) Motor vehicle parts retailers.
(C) Motor vehicle parts distributors.
(D) Original motor vehicle equipment parts
manufacturers.
(E) Aftermarket parts manufacturers.
(F) Aftermarket tools manufacturers.
(G) Motor vehicle manufacturers.
(H) Motor vehicle dealership service centers.
(I) Consumer rights organizations.
(J) Automobile insurers.
(K) Trucking companies.
(d) Function.--The Advisory Committee shall provide recommendations
to the Commission on--
(1) the implementation of this Act;
(2) competition issues after motor vehicles are sold,
including such issues facing the motor vehicle repair industry
(especially existing and emerging barriers related to motor
vehicle repair); and
(3) how to ensure motor vehicle owners maintain control
over the vehicle-generated data of the motor vehicles of such
owners.
(e) Duties.--In carrying out the function described in 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 motor vehicle repair facilities;
(B) motor vehicle parts retailers;
(C) motor vehicle parts distributors;
(D) original motor vehicle equipment parts
manufacturers;
(E) aftermarket parts manufacturers;
(F) aftermarket tools manufacturers;
(G) motor vehicle manufacturers;
(H) motor vehicle dealership service centers;
(I) consumer rights organizations;
(J) automobile insurers;
(K) trucking companies;
(L) members of the public; and
(M) other interested parties; and
(3) assess existing and emerging barriers to competitive
motor vehicle repair.
(f) Meetings.--The Advisory Committee shall meet not fewer than 3
times per year at the call of the head.
(g) Reports.--
(1) Contents.--On at least an annual basis, the Advisory
Committee shall issue a report to the Commission that
includes--
(A) a description of efforts by the industries
represented within the Advisory Committee to comply
with this Act; and
(B) an assessment of existing and emerging barriers
to motor vehicle repair and control of motor vehicle
owners over the vehicle-generated data of the motor
vehicles of such owners, including whether additional
types of data should be included in the definition of
vehicle-generated data.
(2) Submission.--Not later than 30 days after the date on
which the Commission receives a report issued pursuant to
paragraph (1), the Commission shall submit a copy of the report
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(h) Termination.--
(1) Process.--The Advisory Committee shall terminate upon
an agreement of a majority of the membership.
(2) Notice.--Not later than 30 days prior to the date on
which the Advisory Committee terminates, the Advisory Committee
shall provide notice of and a basis for the termination to the
Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
SEC. 4. RULEMAKING.
Not later than 180 days after the date of the enactment of this
Act, the National Highway Traffic Safety Administration, in
consultation with the Commission, shall promulgate, under section 553
of title 5, United States Code, regulations to require motor vehicle
manufacturers and motor vehicle dealers to inform motor vehicle owners
about the rights of such owners under this Act at the point of purchase
of a motor vehicle.
SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of this Act
or a regulation promulgated under this Act 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.
(b) Powers of Commission.--The Commission shall enforce this Act
and any regulation promulgated under this Act 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, and any person who violates this Act or a regulation
promulgated under 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 by complainant.--Any person alleging any action
taken or refused to be taken by any party subject to this Act
in violation of this Act may file a complaint with the
Commission briefly stating the facts of such allegation.
(2) Notification and response.--Upon receiving a complaint
filed pursuant to paragraph (1), the Commission shall forward
the complaint to the party named in the complaint and request
that such party answer such complaint in writing within a
reasonable time determined by the Commission.
(3) Further action.--
(A) Relief of liability.--If the party named in the
complaint ceases the conduct alleged in such complaint
and otherwise makes reparation for any harm or injury
alleged to have been caused within the time determined
pursuant to paragraph (2), the party shall be relieved
of liability to the complainant only for such
allegation.
(B) Additional investigation.--If the party named
in the complaint does not satisfy the complaint as
described in subparagraph (A) within the time
determined pursuant to paragraph (2) or if there is any
reasonable ground for continuing to investigate such
complaint, the Commission shall investigate the
allegation described in such complaint in such manner
and by such means as the Commission determines proper.
(C) Clarification.--A complaint may not be
dismissed because of the absence of direct damage to
the complainant.
(4) Orders by commission.--
(A) Deadline.--The Commission, with respect to any
investigation of a complaint filed pursuant to
paragraph (1), shall issue an order concluding such
investigation not later 5 months after the date on
which the complaint was filed.
(B) Appellate process.--Any order concluding an
investigation pursuant to subparagraph (A) shall be a
final order and may be appealed to the United States
District Court for the District Court of Columbia.
SEC. 6. DEFINITIONS.
In this Act:
(1) Aftermarket part.--
(A) In general.--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
production line of the motor vehicle manufacturer.
(B) Exclusions.--Such term does not include any
original motor vehicle equipment or part manufactured
for a motor vehicle manufacturer.
(2) Agency.--The term ``agency'' has the meaning given that
term in section 551 of title 5, United States Code.
(3) Authorized motor vehicle service provider.--The term
``authorized motor vehicle service provider'' means a person
who--
(A) has an arrangement with a motor vehicle
manufacturer under which the motor vehicle manufacturer
grants to the individual or business a license to use a
trade name, service mark, or other proprietary
identifier for the purpose of offering the service of
diagnosis, maintenance, or repair of a motor vehicle
under the name of the motor vehicle manufacturer; or
(B) has another arrangement with the motor vehicle
manufacturer to offer such services on behalf of the
motor vehicle manufacturer.
(4) Automated driving system.--
(A) In general.--The term ``automated driving
system'' means the hardware and software that
collectively are capable of performing the entire
dynamic driving task on a sustained basis, regardless
of whether such hardware and software are limited to a
specific operational design domain.
(B) Inclusions.--Such term includes motor vehicles
designed to be operated exclusively by a Level 4 or 5
automated driving system (as defined by the SAE
International standard J3016, published on April 30,
2021, or subsequently adopted by the Secretary) for all
trips.
(C) Exclusions.--Such term does not include motor
vehicle components not specifically and solely related
to a dynamic driving task.
(5) 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.
(6) Chair.--The term ``Chair'' means the Chair of the
Commission.
(7) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(8) Critical repair information and tools.--The term
``critical repair information and tools'' means all of the
technical and compatibility information, tools, equipment,
wiring diagrams, parts nomenclature and descriptions, parts
catalogs, repair procedures, training materials, software, and
technology, including information related to diagnostics,
repair, service, and calibration or recalibration of parts and
systems, necessary to return a motor vehicle to operational
specifications.
(9) Dynamic driving task.--
(A) In general.--The term ``dynamic driving task''
means all of the real-time operational and tactical
functions required to operate a motor vehicle in on-
road traffic.
(B) Exclusions.--Such term does not include
strategic functions, such as the scheduling of trips
and the selection of destinations and waypoints.
(10) Insurer.--The term ``insurer'' has the meaning given
that term in section 313(r) of title 31, United States Code.
(11) Motor vehicle.--
(A) In general.--The term ``motor vehicle'' has the
meaning--
(i) given that term in section 30102(a) of
title 49, United States Code; and
(ii) given the term ``trailer'' in section
390 of title 49, Code of Federal Regulations.
(B) Exclusion.--Such term does not include a
vehicle equipped with an automated driving system.
(12) Motor vehicle dealer.--The term ``motor vehicle
dealer'' means a dealer (as defined in section 30102(a) of
title 49, United States Code) who has an agreement with a motor
vehicle manufacturer related to the diagnostics, repair, or
service of a motor vehicle.
(13) Motor vehicle equipment.--The term ``motor vehicle
equipment'' has the meaning given that term in section 30102(a)
of title 49, United States Code.
(14) Motor vehicle manufacturer.--The term ``motor vehicle
manufacturer'' means an entity that manufactures a motor
vehicle (as defined in section 30102(a) of title 49, United
States Code).
(15) Motor vehicle owner.--
(A) In general.--The term ``motor vehicle owner''
means a person with a present possessive ownership
right in a motor vehicle.
(B) Exclusions.--Such term does not include--
(i) a motor vehicle manufacturer; or
(ii) a person operating on behalf of--
(I) a motor vehicle manufacturer;
(II) a motor vehicle financing
company;
(III) a motor vehicle dealer; or
(IV) a motor vehicle lessor.
(16) Motor vehicle repair facility.--The term ``motor
vehicle repair facility'' means any person who, in the ordinary
course of business, is engaged in the business of diagnosis,
service, maintenance, repair, or calibration or recalibration
of motor vehicles or motor vehicle equipment.
(17) Person.--The term ``person'' means an individual,
trust, estate, partnership, association, company, or
corporation.
(18) Remanufacturer.--The term ``remanufacturer'' means a
person who uses a standardized industrial process by which
previously sold, worn, or non-functional products are returned
to same-as-new (or better) condition and performance in a
process that is in line with specific technical specifications
(including engineering, quality, and testing standards) and
yields fully warranted products.
(19) Service provider.--The term ``service provider'' means
any designee of a motor vehicle owner or motor vehicle repair
facility employed by such motor vehicle owner or motor vehicle
repair facility to assist with the diagnosis and repair of a
motor vehicle, including the diagnosis and repair of wireless
and remote technologies or any other wireless and remote
services comparable to such provided by a motor vehicle
manufacturer.
(20) Specified legal barrier.--The term ``specified legal
barrier'' means--
(A) a request for a waiver of the right of a motor
vehicle owner under this Act to use a motor vehicle
repair facility of the choosing of such owner;
(B) a requirement for such a waiver as a condition
for purchasing, leasing, operating, or obtaining
warranty repairs for a motor vehicle; or
(C) an offer for such owner to receive any
compensation or other incentive for such a waiver.
(21) 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.
(22) Telematics system.--The term ``telematics system''
means any system in a motor vehicle that collects vehicle-
generated data and transmits such data using wireless
communications to a remote receiving point where such data is
stored.
(23) Vehicle-generated data.--
(A) In general.--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 such vehicle to
operational specifications in compliance with Federal
motor vehicle safety and emissions laws, regulations,
and standards.
(B) Exclusions.--The term vehicle-generated data
does not include--
(i) diagnostics, repair, service, wear, and
calibration or recalibration of parts and
systems required to return an automated driving
system to operational specifications; or
(ii) any personally identifiable
information.
SEC. 7. REPORT TO CONGRESS.
Not later than 2 years after the date of the enactment of this Act,
and every 2 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
pursuant to section 5(c), including descriptions of unfair
practices relating to repair and data access restrictions and a
summary of best practices from stakeholders;
(2) actions by the Commission to adapt to changes and
advances in motor vehicle technology to maintain competition in
the motor vehicle aftermarket and to ensure motor vehicle
owners maintain control over the vehicle-generated data of the
motor vehicles of such owners; and
(3) any recommendations by the Commission for legislation
that would improve the ability of the Commission and other
relevant agencies to further protect consumers from unfair acts
limiting competition in motor vehicle repair and strengthen
consumer control over vehicle-generated data.
SEC. 8. RELATIONSHIP TO STATE LAWS.
A State, or political subdivision of a State, may not maintain,
enforce, prescribe, or continue in effect any law, rule, regulation,
requirement, standard, or other provision having the force and effect
of a law of the State, or political subdivision of the State, that is
covered by any provision of this Act or any regulation promulgated
pursuant to this Act.
SEC. 9. SEVERABILITY.
If any provision of this Act, or the application thereof to any
person or circumstance, is held invalid, the remainder of this Act, and
the application of such provision to other persons not similarly
situated or to other circumstances, shall not be affected by the
invalidation.
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