[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1379
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 SENATE OF THE UNITED STATES
April 9, 2025
Mr. Lujan (for himself and Mr. Hawley) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 the following:
(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 alternative 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.
(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. DEFINITIONS.
(a) Definitions.--In this Act:
(1) Aftermarket part.--The term ``aftermarket part'' means
a new part for a motor vehicle that--
(A) is not original equipment and is sold or
offered for sale to a motor vehicle manufacturer after
the vehicle has left the motor vehicle manufacturer's
production line; or
(B) was manufactured for a person that is not the
motor vehicle manufacturer.
(2) Alternative part.--
(A) In general.--The term ``alternative part''--
(i) means any part for a motor vehicle
offered for sale or for installation in or on a
motor vehicle, or manufactured for sale to a
motor vehicle manufacturer, after such motor
vehicle has left the motor vehicle
manufacturer's production line; and
(ii) includes aftermarket parts, recycled
parts, and remanufactured parts.
(B) Exclusions.--The term ``alternative part''
shall not include any original equipment.
(3) Authorized motor vehicle service provider.--The term
``authorized motor vehicle service provider'' means a person
who has--
(A) an arrangement with a motor vehicle
manufacturer under which the motor vehicle manufacturer
grants to the person 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) any other arrangement with the motor vehicle
manufacturer to offer such services on behalf of the
motor vehicle manufacturer.
(4) Barrier.--The term ``barrier'' means a technological or
contractual restriction that prohibits or materially interferes
with the ability of a motor vehicle repair facility or a
service provider to return a vehicle to operational
specifications, including any action that prohibits or
materially interferes with the process of pairing aftermarket
parts or alternative parts with the vehicle.
(5) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(6) Critical repair information, tools, and parts.--The
term ``critical repair information, tools, and parts'' means
all necessary technical and compatibility information, tools,
and motor vehicle equipment made available by a motor vehicle
manufacturer to a motor vehicle dealer or a motor vehicle
repair facility, or used by the motor vehicle manufacturer, for
the purpose of maintaining or repairing a motor vehicle, wiring
diagrams, parts nomenclature and descriptions, parts catalogs,
repair procedures, training materials, software, and
technology, including information related to diagnostics,
repair, service, calibration, or recalibration of parts and
systems to return a vehicle to operational specifications.
(7) Diagnostic tool manufacturer.-- The term ``diagnostic
tool manufacturer'' means a person who develops and
manufactures any electronic tool (or software for such tool)
that connects to a motor vehicle's computer or electronic
control modules in order to download or access vehicle
diagnostic trouble codes or reprogram the motor vehicle's
computer or electronic control modules to return the motor
vehicle to its original operating state.
(8) Distributor.--The term ``distributor'' means a person
that buys any motor vehicle equipment or diagnostic tool from a
manufacturer and sells them to other businesses, stores, or
customers.
(9) Insurer.--The term ``insurer'' has the meaning given
that term under section 313(r) of title 31, United States Code,
as term applies to automobile insurance.
(10) Junk yard; salvage yard.--The terms ``junk yard'' and
``salvage yard'' have the meanings given those terms in section
25.52 of title 28, Code of Federal Regulations as in effect on
September 1, 2021.
(11) Motor vehicle.--The term ``motor vehicle'' has the
meaning given such term in section 30102(a) of title 49, United
States Code, and includes a motor vehicle trailer.
(12) Motor vehicle dealer.--The term ``motor vehicle
dealer'' has the meaning given to the term ``dealer'' in
section 30102(a) of title 49, United States Code.
(13) Motor vehicle equipment.--The term ``motor vehicle
equipment'' has the meaning given such term in section 30102(a)
of title 49, United States Code.
(14) Motor vehicle manufacturer.--The term ``motor vehicle
manufacturer'' has the meaning given such term in section
30102(a) of title 49, United States Code.
(15) Motor vehicle owner.--
(A) In general.--The term ``motor vehicle owner''
means--
(i) a person with a present possessive
ownership right in a motor vehicle; or
(ii) a lessee of a motor vehicle.
(B) Exclusions.--The term ``motor vehicle owner''
shall 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.
(16) Motor vehicle repair facility.--The term ``motor
vehicle repair facility'' means any person who, in its ordinary
course of business, is engaged in the business of diagnosis,
service, maintenance, repair, or calibration of motor vehicles
or motor vehicle equipment.
(17) Original equipment.--The term ``original equipment''
means motor vehicle equipment (including a tire) that, as of
the time of delivery to the first motor vehicle owner, is
installed in or on a motor vehicle.
(18) Person.--The term ``person'' means an individual,
trust, estate, partnership, association, company, or
corporation.
(19) Recycled part.--The term ``recycled part'' means any
part offered for sale or for installation in or on a motor
vehicle that was previously installed in or on a different
motor vehicle.
(20) Remanufacturer.--The term ``remanufacturer'' means a
person utilizing a standardized industrial process--
(A) by which previously sold, worn, or non-
functional products are returned to same-as-new, or
better, condition and performance;
(B) that is in line with specific technical
specifications, including engineering, quality, and
testing standards; and
(C) that yields fully warranted products.
(21) Remanufactured part.--The term ``remanufactured part''
means a part for a motor vehicle produced by a remanufacturer.
(22) Service provider.--The term ``service provider''
means--
(A) any motor vehicle repair facility (or other
designee) who is employed by a motor vehicle owner to
assist with the diagnosis and repair of a motor vehicle
(including wireless and remote technologies) or with
any other wireless and remote services comparable to
those provided by a vehicle manufacturer;
(B) a motor vehicle dealer; or
(C) an authorized motor vehicle service provider.
(23) 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 the information is stored.
(24) Vehicle-generated data.--The term ``vehicle-generated
data'' means any in-vehicle data generated (or generated and
retained) by the operation of a motor vehicle related to
diagnostics, prognostics, repair, service, wear, calibration,
or recalibration of parts or systems required to return a
vehicle to operational specifications in compliance with
Federal motor vehicle safety and emissions laws, regulations,
and standards.
(b) Authority To Expand Definitions.--The Commission, in
consultation with the National Highway Traffic Safety Administration,
may promulgate regulations in accordance with section 553 of title 5,
United States Code, to expand the definitions under this section, as
determined necessary by the Commission.
SEC. 4. MAINTAINING COMPETITION AFTER CONSUMERS PURCHASE OR LEASE THEIR
MOTOR VEHICLES.
(a) In General.--
(1) Prohibition on restricting the ability of motor vehicle
owners to use the repair parts and repair facilities of their
choice.--Beginning on the date that is 180 days after the date
of enactment of this Act:
(A) Use of barriers.--A motor vehicle manufacturer
shall not employ any barrier that impairs the ability
of--
(i) a motor vehicle owner (or their
designee) to access vehicle-generated data;
(ii) a motor vehicle owner (or their
designee), an aftermarket parts manufacturer, a
motor vehicle equipment manufacturer, a
remanufacturer, a diagnostic tool manufacturer,
or a motor vehicle repair facility (including
their distributors and service providers), to
access critical repair information, tools, and
parts;
(iii) a motor vehicle owner (or their
designee) to use a vehicle towing or service
provider of their choice;
(iv) an aftermarket parts manufacturer, a
motor vehicle equipment manufacturer, a
remanufacturer, a junk yard, a salvage yard, or
a motor vehicle repair facility (including
their distributors and service providers) to
produce or offer compatible alternative parts;
(v) a motor vehicle owner (or their
designee) to install and use compatible
alternative parts in or on a motor vehicle to
repair or maintain the motor vehicle; or
(vi) a motor vehicle owner (or their
designee) to diagnose, repair, or maintain a
motor vehicle.
(B) Software updates.--Subject to paragraph (5), a
motor vehicle manufacturer shall not intentionally
implement, while addressing driver and operational
safety, any software update to a motor vehicle with the
specific intent of rendering any compatible alternative
part or aftermarket part inoperable, in whole or in
part, except as required by an order issued by the
National Highway Traffic Safety Administration.
(2) Requirement to provide vehicle-generated data to motor
vehicle owners and their designees.--Beginning on the date that
is 180 days after the date of enactment of this Act, a motor
vehicle manufacturer shall--
(A) provide to a motor vehicle owner (or their
designee), without restriction or limitation, access to
vehicle-generated data, including vehicle-generated
data made available through the motor vehicle's
interface ports; and
(B) to the extent the motor vehicle is equipped for
wireless transmission of vehicle-generated data over
wireless technology via any telematics system, provide
to a motor vehicle owner (or their designee) access to
their vehicle-generated data--
(i) at a fair, reasonable, and
nondiscriminatory cost in or at the same
manner, sequence, and method as any motor
vehicle manufacturer, affiliate of a motor
vehicle manufacturer, motor vehicle dealer,
authorized motor vehicle service provider, or
any other third party to which a motor vehicle
manufacturer gives vehicle-generated data has
access to such data; and
(ii) in a manner that is subject to the
same cryptographic or technological protections
as any motor vehicle manufacturer, affiliate of
a motor vehicle manufacturer, motor vehicle
dealer, authorized motor vehicle service
provider, or any other third party to whom the
motor vehicle manufacturer provides such data.
(3) Requirement to make critical repair information, tools,
and parts available for purchase by motor vehicle owners,
designees of motor vehicle owners, and members of the repair
industry.--Beginning on the date that is 180 days after the
date of enactment of this Act, a motor vehicle manufacturer
shall make available to motor vehicle owners (and their
designees), aftermarket parts manufacturers, remanufacturers,
diagnostic tool manufacturers, and motor vehicle repair
facilities (including their distributors and service
providers), without restrictions or limitations, any critical
repair information, tools, and parts related to the motor
vehicles it manufactures at a fair, reasonable, and non-
discriminatory cost.
(4) Prohibition on certain mandates by motor vehicle
manufacturers related to repairs.--
(A) In general.--Subject to subparagraph (B), a
motor vehicle manufacturer shall not, within any repair
or maintenance service procedure, recommendation,
service bulletin, repair manual, position statement,
software, firmware, other electronic system, or other
similar repair or maintenance guide that is distributed
to consumers or to professional repairers--
(i) mandate the use of any particular brand
or manufacturer of tools, parts, or other motor
vehicle equipment;
(ii) prohibit the use of alternative parts
to repair or maintain a motor vehicle; or
(iii) recommend the use of any particular
brand or manufacturer of tools, parts, or other
motor vehicle 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 tools, parts, and other motor vehicle
equipment to purchase and should carefully
consider their options among different brands
and manufacturers.''.
(B) Exception.--The prohibition described in
subparagraph (A) shall not apply to a recall, warranty
repair, or voluntary repair campaign.
(5) Cybersecurity.--Nothing in this section shall preclude
a motor vehicle manufacturer from employing cryptographic or
technological protections necessary to secure vehicle-generated
data, safety critical vehicle systems, and vehicles, provided
that such protections comply with the requirements described in
paragraphs (1) and (2).
(6) Designee prohibitions.--A motor vehicle manufacturer--
(A) shall not limit the number or type of persons
that a motor vehicle owner may designate as
simultaneous designees; and
(B) shall ensure that a motor vehicle owner has the
ability to revoke the designation of a person as a
designee in the same manner as the motor vehicle owner
designated such person as a designee.
(7) Required notification.--Each motor vehicle manufacturer
shall provide a notification, using an on-vehicle screen or
through a mobile device, to a motor vehicle owner when the
vehicle-generated data of the owner is being accessed by any
designee of the owner.
(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).
(c) Proprietary Interfaces.--Nothing in this section shall be
construed--
(1) to require a motor vehicle dealer to use a non-
proprietary vehicle interface; or
(2) to prohibit a motor vehicle manufacturer from
developing a proprietary vehicle diagnostic and reprogramming
device, provided that the motor vehicle manufacturer--
(A) otherwise complies with the requirements of
this section; and
(B) makes any such proprietary device available to
all motor vehicle repair facilities and parts and tool
manufacturers upon fair and reasonable terms.
SEC. 5. 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'' (in this
section referred to as the ``Advisory Committee'') to provide
recommendations to the Commission regarding the implementation of this
Act and best practices to eliminate any barriers to competition in the
motor vehicle repair industry, including an assessment of such existing
and emerging barriers, as well as ensuring motor vehicle owners'
control over their vehicle-generated data.
(b) Membership.--
(1) In general.--The Advisory Committee shall be composed
of the following members:
(A) The Director of the Bureau of Competition.
(B) The Administrator of the National Highway
Traffic Safety Administration.
(C) Eleven individuals, appointed by the Chair of
the Commission, from each of the following:
(i) Independent repair facilities.
(ii) Motor vehicle parts retailers.
(iii) Motor vehicle parts distributors.
(iv) Original equipment parts
manufacturers.
(v) Aftermarket parts manufacturers.
(vi) Diagnostic tool manufacturers.
(vii) Motor vehicle manufacturers.
(viii) Vehicle dealership service centers.
(ix) Consumer rights organizations.
(x) Automobile insurers.
(xi) Trucking companies.
(2) Chair.--The Chair of the Commission shall serve as the
Chair of the Advisory Committee.
(c) Duties.--The Advisory Committee shall--
(1) provide recommendations to the Commission regarding
fostering industry collaboration in a clear and transparent
manner;
(2) coordinate with and include participation by the
private sector (including each industry described in subsection
(b)(1)(C)), members of the public, and other interested
parties; and
(3) assess existing and emerging barriers to competitive
motor vehicle repair.
(d) Meetings.--The Advisory Committee shall meet at least 3 times
per year at the call of the Chair.
(e) Reports.--
(1) Report to the chair.--Not later than 180 days after the
first meeting of the Advisory Committee, and annually
thereafter, the Advisory Committee shall submit to the Chair a
report on efforts by each industry described in subsection
(b)(1)(C) to implement this Act, as well as an assessment of
any existing and emerging barriers to motor vehicle repair and
motor vehicle owners' control over their vehicle-generated
data.
(2) Report to congress.--Not later than 30 days after
receiving a report under paragraph (1), 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 copy of such report, together
with recommendations for such legislative or administrative
action as the Commission determines appropriate.
(f) Termination.--The Advisory Committee shall terminate upon an
agreement of a majority of the membership, but in no case earlier than
1 year after the first meeting of the Advisory Committee. The Advisory
Committee shall provide notice of its planned termination to Committee
on Commerce, Science, and Transportation of the Senate and the
Committee on Energy and Commerce of the House of Representatives, not
later than 30 days prior to such termination and shall include a basis
for the termination.
SEC. 6. RULEMAKING.
(a) Security Standards for Access to Vehicle-Generated Data.--Not
later than 1 year after the date of enactment of this Act, the
Administrator of the National Highway Traffic Safety Administration, in
consultation with the National Institute of Standards and Technology,
shall promulgate regulations in accordance with section 553 of title 5,
United States Code, to establish--
(1) standards for consumer access to vehicle-generated data
in accordance with section 4(a)(2); and
(2) procedures to ensure the security of vehicle-generated
data and motor vehicles as related to the access of vehicle-
generated data required under this Act.
(b) Consumer Notification.--Not later than 2 years after the date
of enactment of this Act, the Commission, in coordination with the
Administrator of the National Highway Traffic Safety Administration,
shall promulgate regulations in accordance with 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. 7. ENFORCEMENT BY THE COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
4(a) or a regulation promulgated under this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
under section 18(a)(1)(B) of the Federal Trade Commission Act (15
U.S.C. 57a(a)(1)(B)).
(b) Powers of the Commission.--
(1) In general.--The Commission shall enforce 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.
(2) Privileges and immunities.--Any person who violates
this Act or a regulation promulgated thereunder shall be
subject to the penalties and entitled to the privileges and
immunities provided in the Federal Trade Commission Act (15
U.S.C. 41 et seq.).
(3) Authority preserved.--Nothing in this Act shall be
construed to limit the authority of the Commission under any
other provision of law.
(4) Rulemaking.--The Commission shall promulgate in
accordance with section 553 of title 5, United States Code,
such rules as may be necessary to carry out this Act.
SEC. 8. CONSUMER COMPLAINTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Commission shall establish a mechanism to receive
complaints regarding alleged violations of this Act by a motor vehicle
manufacturer.
(b) Notification to and Response From a Motor Vehicle
Manufacturer.--Upon receiving a complaint though the mechanism
established under subsection (a), the Commission shall forward the
complaint to the motor vehicle manufacturer named in the complaint, and
request that such motor vehicle manufacturer answer the complaint in
writing within a reasonable time, as specified by the Commission, but
in no case shall such time period exceed 30 days from the motor vehicle
manufacturer's receipt of the complaint.
(c) Investigation by the Commission.--
(1) In general.--If the motor vehicle manufacturer does not
answer within the time period specified by the Commission under
subsection (b), the Commission shall investigate the matters
complained of in such manner and by such means as the
Commission shall consider proper.
(2) Special rule.--In investigating a complaint under this
section, the Commission may not dismiss such complaint due to
the absence of direct damage to the person submitting such
complaint.
(3) 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 promulgated thereunder,
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 United States District
Court for the District of Columbia.
SEC. 9. REPORT TO CONGRESS.
Not later than 2 years after the date of enactment of this Act, and
biennially thereafter, the Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a report that
includes--
(1) a summary of investigations conducted and orders issued
under section 8, including--
(A) a description of any unfair practice relating
to repair and data access restrictions; and
(B) a summary of best practices from stakeholders;
and
(2) a description of any action the Commission is taking
to--
(A) adapt to changes and advances in motor vehicle
technology to maintain competition in the motor vehicle
aftermarket; and
(B) ensure motor vehicle owners' control over their
vehicle-generated data.
SEC. 10. RELATIONSHIP WITH OTHER LAWS.
(a) Preemption of Other State Laws.--No State or political
subdivision of a State may adopt, maintain, enforce, impose, or
continue in effect a law, regulation, rule, standard, prohibition,
requirement, or other provision having the force and effect of law that
is covered by the provisions of this Act, or a rule, regulation, or
requirement promulgated under this Act.
(b) Field Preemption.--This Act shall preempt any State law, rule,
or regulation that mandates the use of any particular brand or
manufacturer of tools, parts, or other motor vehicle equipment, or
prohibits the use of any aftermarket parts, recycled parts, or
remanufactured parts solely on the basis of such parts being
aftermarket parts, recycled parts, or remanufactured parts, for the
purpose of maintaining, diagnosing, or repairing a motor vehicle.
SEC. 11. 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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