I 

108TH CONGRESS 

1ST SESSION H. R. 2735

To protect the rights of American consumers to diagnose, service, and repair 

motor vehicles purchased in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. BARTON of Texas (for himself, Mr. TOWNS, Mr. ACEVEDO-VILA ́, Mr. 

AKIN, Mr. ANDREWS, Mr. BARTLETT of Maryland, Mr. BILIRAKIS, Ms. 

CORRINE BROWN of Florida, Ms. CARSON of Indiana, Mr. CLYBURN, Mr. 

DAVIS of Alabama, Mrs. JO ANN DAVIS of Virginia, Mr. DEAL of Georgia, Mr. DEFAZIO, Ms. DEGETTE, Ms. ESHOO, Mr. FORD, Mr. FRANKS

of Arizona, Mr. GERLACH, Mr. GOODLATTE, Mr. GRAVES, Mr. GREENWOOD, Mr. HOLDEN, Mr. LATOURETTE, Ms. JACKSON-LEE of Texas, 

Mr. MANZULLO, Ms. MCCARTHY of Missouri, Mr. MCGOVERN, Mr. MEEHAN, Mr. GEORGE MILLER of California, Mr. MOORE, Mrs. MYRICK, Mr. 

NEAL of Massachusetts, Mr. OWENS, Mr. PAYNE, Mr. PETERSON of Minnesota, Mr. PETRI, Mr. PLATTS, Mr. PRICE of North Carolina, Mr. 

RUSH, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. STENHOLM, Mr. 

TANCREDO, Mr. TANNER, Mr. THOMPSON of Mississippi, Mr. TOOMEY, 

Mr. WAMP, Mr. WAXMAN, Mr. WELDON of Florida, Mr. WEXLER, Mr. 

WILSON of South Carolina, Ms. WOOLSEY, and Mr. WYNN) introduced 

the following bill; which was referred to the Committee on Energy and 

Commerce 

A BILL

To protect the rights of American consumers to diagnose, 

service, and repair motor vehicles purchased in the 

United States, 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,
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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Motor Vehicle Owners’ 

3 Right to Repair Act of 2003’’. 

4 SEC. 2. FINDINGS AND PURPOSES. 

5 (a) FINDINGS.—The Congress finds the following: 

6 (1) The ability to diagnose, service, and repair 

7 a motor vehicle in a timely, reliable, and affordable 

8 manner is essential to the safety and well-being of 

9 automotive consumers in the United States. 

10 (2) Consumers are entitled to choose among 

11 competing repair facilities for the convenient, reli12 able, and affordable repair of their motor vehicles. 

13 (3) Increased competition among repair facili14 ties will benefit vehicle owners in the United States. 

15 (4) Computers of various kinds are increasingly 

16 being used in motor vehicle systems, such as pollu17 tion control, transmission, antilock brakes, electronic 

18 and mechanical systems, heating and air-condi19 tioning, sound, and steering. 

20 (5) The diagnosis, service, and repair of these 

21 vehicle systems are essential to the safety and prop22 er operation of modern motor vehicles. 

23 (6) In many instances, access codes prevent 

24 owners from making, or having made, the necessary 

25 diagnosis, service, and repair of their motor vehicles 
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1 in a timely, convenient, reliable, and affordable man2 ner. 

3 (7) Consumers in the United States have bene4 fited from the availability of an aftermarket parts 

5 supply, or parts and accessories used in the repair, 

6 maintenance, or enhancement of a motor vehicle. 

7 The American economy has also benefitted from the 

8 availability of an aftermarket parts supply that pro9 vides jobs to over 5 million workers in 495,000 busi10 nesses, and generates $200 billion in annual sales. 

11 (8) Vehicle owners in the United States should 

12 have the right—

13 (A) to all information necessary to allow 

14 the diagnosis, service, and repair of their vehi15 cles; 

16 (B) to choose between original parts and 

17 aftermarket parts when repairing their motor 

18 vehicles; and 

19 (C) to make, or have made, repairs nec20 essary to keep their vehicles in reasonably good 

21 and serviceable condition during the expected 

22 vehicle life. 

23 (9) The restriction of vehicle repair information 

24 limits who can repair motor vehicles and what parts 
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1 may be used to repair those vehicles, which limits 

2 consumer choice and thus limits competition. 

3 (10) The Congress has provided the Federal 

4 Trade Commission with broad authority to make 

5 and enforce rules to foster competition, to prevent 

6 unfair methods of competition in commerce, and to 

7 protect consumers. 

8 (b) PURPOSES.—The purposes of this Act are the fol9 lowing: 

10 (1) To require the Federal Trade Commission 

11 to prescribe and enforce rules necessary to ensure 

12 the right of a motor vehicle owner to obtain all in13 formation required for the diagnosis, service, and re14 pair of the motor vehicle. 

15 (2) To ensure the safety of all vehicle owners 

16 by requiring disclosure of all information necessary 

17 for the proper diagnosis, service, and repair of a ve18 hicle in a timely, affordable, and reliable manner. 

19 (3) To encourage competition in the diagnosis, 

20 service, and repair of motor vehicles. 

21 SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. 

22 (a) DUTY TO DISCLOSE.—In accordance with rules 

23 prescribed by the Federal Trade Commission under sec24 tion 7, the manufacturer of a motor vehicle sold or intro25 duced into commerce in the United States shall promptly 
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1 provide to the vehicle owner, to a repair facility of the ve2 hicle, and to the Commission for use by any such vehicle 

3 owner or repair facility, the information necessary to diag4 nose, service, or repair the vehicle. Such information shall 

5 include—

6 (1) information necessary to integrate replace7 ment equipment into the vehicle; and 

8 (2) other information of any kind used to diag9 nose, service, repair, activate, certify, or install any 

10 motor vehicle equipment (including replacement 

11 equipment) in a motor vehicle. 

12 (b) PROTECTION OF TRADE SECRETS.—

13 (1) DETERMINATION BY FEDERAL TRADE COM14 MISSION.—The Federal Trade Commission may not 

15 require a manufacturer to publicly disclose informa16 tion that, if made public, would divulge methods or 

17 processes entitled to protection as trade secrets of 

18 that manufacturer, but may require disclosure of 

19 such information to the Commission for the purpose 

20 of determining whether such information is entitled 

21 to such protection. Such determination shall be 

22 made on the record after an opportunity for an 

23 agency hearing. 

24 (2) PREVIOUSLY DISCLOSED INFORMATION.—

25 No such information may be withheld by a manufac-
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1 turer if that information is provided (directly or in2 directly) to franchised dealers or other repair facili3 ties. 

4 SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE. 

5 The failure by a manufacturer to provide the infor6 mation required by section 3(a) constitutes an unfair 

7 method of competition and an unfair or deceptive act or 

8 practice in or affecting commerce (within the meaning of 

9 section 5(a)(1) of the Federal Trade Commission Act (15 

10 U.S.C. 45(a)(1))). Violation of a rule prescribed under 

11 section 6(a) constitutes violation of a rule defining an un12 fair or deceptive act or practice prescribed under section 

13 18(a)(1)(B) of the Federal Trade Commission Act (15 

14 U.S.C. 57a(a)(1)(B)). 

15 SEC. 5. PRIVATE RIGHT OF ACTION. 

16 A vehicle owner or repair facility may bring a civil 

17 action to enjoin a violation of this Act and to recover the 

18 costs of litigation (including reasonable attorney and ex19 pert witness fees). Such an action may be brought in the 

20 district court of the United States for the district in which 

21 such owner resides or such repair facility does business, 

22 without regard to the amount in controversy or the citizen23 ship of the parties. 
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1 SEC. 6. RULEMAKING. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of enactment of this Act, the Federal Trade Commis4 sion shall prescribe rules setting forth a uniform method 

5 by which a manufacturer shall provide the information re6 quired by section 3(a), including disclosure in writing, on 

7 the Internet, or in any other manner, or under such terms, 

8 as the Commission determines may be appropriate. Such 

9 rules shall take effect for vehicles manufactured after 

10 model year 1994. 

11 (b) LIMITATION.—The Federal Trade Commission 

12 may not prescribe rules that—

13 (1) interfere with the authority of the Adminis14 trator of the Environmental Protection Agency 

15 under section 202(m) of the Clean Air Act (42 

16 U.S.C. 7521(m)) with regard to motor vehicle emis17 sions control diagnostics systems; or 

18 (2) conflict with rules prescribed by such Ad19 ministrator under such section. 

20 SEC. 7. DEFINITIONS. 

21 In this Act: 

22 (1) The term ‘‘commerce’’ has the meaning 

23 given that term in section 4 of the Federal Trade 

24 Commission Act (15 U.S.C. 44). 

25 (2) The terms ‘‘manufacturer’’, ‘‘motor vehi26 cle’’, and ‘‘motor vehicle equipment’’ have the mean-
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1 ings given those terms in section 30102(a) of title 

2 49, United States Code. 

3 (3) The term ‘‘vehicle owner’’ means any per4 son who owns, leases, or otherwise has the legal 

5 right to use and possess a motor vehicle, or the 

6 agent of such person. 

7 (4) The term ‘‘repair facility’’ means a person 

8 engaged in the repair, diagnosing, or servicing of 

9 motor vehicles or motor vehicle engines. 

10 (5) The term ‘‘replacement equipment’’ has the 

11 meaning given that term in section 30102(b)(1) of 

12 title 49, United States Code. 

13 (6) The term ‘‘model year’’ has the meaning 

14 given that term in section 32901(a) of title 49, 

15 United States Code.

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