I 

117TH CONGRESS 

2D SESSION H. R. 6570 

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 2, 2022 

Mr. RUSH 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Right to Equitable and 

5 Professional Auto Industry Repair Act’’ or the ‘‘REPAIR 

6 Act.’’ 


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1 SEC. 2. FINDINGS. 

2 Congress find that— 

3 (1) as technology advances and vehicle systems 

4 become more advanced, vehicle repair and mainte5 nance will require access to extensive vehicle data, 

6 software, sophisticated replacement components, 

7 training, diagnostic tools and enhanced diagnostic 

8 repair services; 

9 (2) consumers and their designees must have 

10 access to vehicle-generated data and aftermarket 

11 parts that are necessary to maintain consumer 

12 choice and competitive pricing; 

13 (3) consumer choice, consumer control, motor 

14 vehicle cybersecurity, and safety are all valid con15 cerns and do not have to be mutually exclusive; 

16 (4) vehicles generate increasingly massive 

17 amounts of data and the Federal Trade Commission 

18 and the National Highway Traffic Safety Adminis19 tration are uniquely positioned, after considering 

20 consumers’ privacy and cybersecurity needs, to des21 ignate additional types of data not specifically con22 sidered or identified by Congress that consumers 

23 should be able to easily share with persons they 

24 choose for the reasons they choose and examine fair 

25 competition in evolving motor vehicle technologies; 

26 and 


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1 (5) it is in the interest of the United States to 

2 foster competition in the motor vehicle repair indus3 try and not limit consumers in their choices for 

4 maintenance, service, and repair, allowing consumers 

5 and the industry to benefit from a system that fos6 ters communication, collaboration, and innovation 

7 and promotes consumer choice. 

8 SEC. 3. MAINTAINING COMPETITION AFTER CONSUMERS 

9 PURCHASE OR LEASE THEIR MOTOR VEHI10 CLES. 

11 (a) IN GENERAL.— 

12 (1) PROHIBITION ON MOTOR VEHICLE MANU13 FACTURERS WITHHOLDING OF DATA, CRITICAL RE14 PAIR INFORMATION, AND TOOLS.—A motor vehicle 

15 manufacturer shall not employ any technological 

16 barrier or specified legal barrier that impairs the 

17 ability of— 

18 (A) a motor vehicle owner or the motor ve19 hicle owner’s designee to access vehicle-gen20 erated data pursuant to subparagraphs (A) and 

21 (B) of paragraph (2); 

22 (B) a motor vehicle owner or the motor ve23 hicle owner’s designee, or an aftermarket parts 

24 manufacturer, a motor vehicle equipment manu25 facturer, an aftermarket parts remanufacturer, 


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1 or a motor vehicle repair facility and their dis2 tributors and service providers to access critical 

3 repair information and tools pursuant to para4 graph (2)(C); 

5 (C) a motor vehicle owner or the motor ve6 hicle owner’s designee to use a vehicle towing or 

7 service provider of their choice; 

8 (D) an aftermarket parts manufacturer, a 

9 motor vehicle equipment manufacturer, an 

10 aftermarket parts remanufacturer, or a motor 

11 vehicle repair facility and their distributors and 

12 service providers to produce or offer compatible 

13 aftermarket parts; or 

14 (E) a motor vehicle owner or the motor ve15 hicle owner’s designee to diagnose, repair, and 

16 maintain a motor vehicle in the same manner 

17 as any motor vehicle manufacturer or motor ve18 hicle dealer. 

19 (2) REQUIREMENT TO PROVIDE MOTOR VEHI20 CLE DATA TO OWNERS.—A motor vehicle manufac21 turer shall— 

22 (A) effective on the date of enactment of 

23 this Act, provide for motor vehicle owners or 

24 their designees, without restrictions or limita25 tions (including a fee, license, or requiring use 


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1 of a device mandated by the motor vehicle man2 ufacturer to decrypt vehicle-generated data), to 

3 have access to vehicle-generated data; 

4 (B) beginning not later than 1 year after 

5 publication of the final rule issued under sec6 tion 5(b), if the motor vehicle manufacturer uti7 lizes wireless technology or telematics systems 

8 to transmit any vehicle-generated data, make 

9 available vehicle-generated data described in 

10 subparagraph (A) to the motor vehicle owner 

11 and its designees, directly and wirelessly from 

12 the vehicle through a standardized access plat13 form; and 

14 (C) effective on the date of enactment of 

15 this Act, make available to motor vehicle owners 

16 and their designees, aftermarket parts manu17 facturers, aftermarket parts remanufacturers, 

18 and motor vehicle repair facilities, and their dis19 tributors and service providers without restric20 tions or limitations, any critical repair informa21 tion and tools related to the motor vehicles it 

22 manufactures at a fair, reasonable, and non23 discriminatory cost. 

24 (3) PROHIBITION ON CERTAIN MANDATES BY

25 MOTOR VEHICLE MANUFACTURERS RELATED TO REVerDate Sep 11 2014 00:35 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 PAIRS.—Outside of recall and warranty repairs, a 

2 motor vehicle manufacturer shall not, within repair 

3 or maintenance service procedures, recommenda4 tions, service bulletins, repair manuals, position 

5 statements, or other similar repair or maintenance 

6 guides that are distributed to consumers or to pro7 fessional repairers— 

8 (A) mandate or imply a mandate to use 

9 any particular brand or manufacturer of parts, 

10 tools, or equipment; or 

11 (B) recommend the use of any particular 

12 brand or manufacturer of parts, tools, or equip13 ment unless the motor vehicle manufacturer 

14 provides a prominent notice immediately fol15 lowing the recommendation, in the same font as 

16 the recommendation and in a font size no 

17 smaller than the font size used in the rec18 ommendation, stating that: ‘‘Vehicle owners can 

19 choose which repair parts, tools, and equipment 

20 to purchase and should carefully consider their 

21 options.’’. 

22 (4) CYBERSECURITY.—Nothing in this section 

23 shall preclude a manufacturer from employing cryp24 tographic or technological protections necessary to 


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1 secure vehicle-generated data safety critical vehicle 

2 systems, and vehicles. 

3 (5) PROHIBITION ON CERTAIN LIMITATIONS.— 

4 The entity managing access to vehicle-generated 

5 data transmitted by the standardized access plat6 form shall not limit the number or types of persons 

7 which each motor vehicle owner may designate as si8 multaneous designees under this subsection. 

9 (6) NOTIFICATIONS.—Each motor vehicle man10 ufacturer shall notify motor vehicle owners either via 

11 an on-vehicle screen or through a mobile device that 

12 vehicle-generated data is being accessed. Notifica13 tions shall specify whether each such access by the 

14 motor vehicle owner, a designee of the motor vehicle 

15 owner, or the motor vehicle manufacturer, includes 

16 the ability to send an in-vehicle command or soft17 ware update in order to complete a repair. 

18 (7) LIMITATION.—A motor vehicle manufac19 turer, including any affiliates of the motor vehicle 

20 manufacturer, and any persons working on behalf of 

21 the motor vehicle manufacturer, shall not be consid22 ered or treated as, or in the same way, as the motor 

23 vehicle owner or as designees of the motor vehicle 

24 owner for any purpose except for including them in 


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1 notifications of persistent access to vehicle-generated 

2 data. 

3 (b) NULLIFICATION OF ATTEMPTS TO RESTRICT

4 COMPETITION AND CONSUMER RIGHTS.—Any provision 

5 in a contract executed on or after the date of enactment 

6 of this Act by or on behalf of a motor vehicle manufacturer 

7 that purports to violate subsection (a) shall be null and 

8 void to the extent that it would allow the motor vehicle 

9 manufacturer to avoid its obligations under subsection (a). 

10 SEC. 4. FAIR COMPETITION AFTER VEHICLES ARE SOLD 

11 ADVISORY COMMITTEE. 

12 (a) ESTABLISHMENT.—Not later than 90 days after 

13 the date of enactment of this Act, the Commission shall 

14 establish a ‘‘Fair Competition After Vehicles are Sold Ad15 visory Committee,’’ hereafter referred to as the ‘‘Advisory 

16 Committee’’. The Chairman of the Commission (or the 

17 designee of the Chairman) shall serve as the chairman of 

18 the Advisory Committee. 

19 (b) MEMBERSHIP.—The Advisory Committee shall be 

20 composed of the following members: 

21 (1) The Director of the Bureau of Competition, 

22 or his or her designee. 

23 (2) The Administrator of the National Highway 

24 Traffic Safety Administration, or his or her des25 ignee. 


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1 (3) Eleven individuals, appointed by the Chair2 man of the Commission, from each of the following: 

3 (A) Independent repair facilities. 

4 (B) Motor vehicle parts retailers. 

5 (C) Motor vehicle parts distributors. 

6 (D) Original equipment parts manufactur7 ers. 

8 (E) Aftermarket parts manufacturers. 

9 (F) Aftermarket tools manufacturers. 

10 (G) Motor vehicle manufacturers. 

11 (H) Vehicle dealership service centers. 

12 (I) Consumer rights organizations. 

13 (J) Automobile insurers. 

14 (K) Trucking companies. 

15 (c) FUNCTION.—The Advisory Committee shall pro16 vide recommendations to the Commission on implementa17 tion of this Act and competition issues after motor vehicles 

18 are sold, including those facing the vehicle repair industry 

19 to include an assessment of existing and emerging barriers 

20 related to vehicle repair, as well as ensuring motor vehicle 

21 owners’ control over their vehicle-generated data. 

22 (d) DUTIES.—In carrying out its function under sub23 section (b), the Advisory Committee shall— 

24 (1) foster industry collaboration in a clear and 

25 transparent manner; 


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1 (2) coordinate with and include participation by 

2 the private sector, including representatives of— 

3 (A) independent repair facilities; 

4 (B) motor vehicle parts retailers; 

5 (C) motor vehicle parts distributors; 

6 (D) original equipment parts manufactur7 ers; 

8 (E) aftermarket parts manufacturers; 

9 (F) aftermarket tools manufacturers; 

10 (G) motor vehicle manufacturers; 

11 (H) vehicle dealership service centers; 

12 (I) consumer rights organizations; 

13 (J) automobile insurers; 

14 (K) members of the public; and 

15 (L) other interested parties; and 

16 (3) assess existing and emerging barriers to 

17 competitive vehicle repair. 

18 (e) MEETINGS.—The Advisory Committee shall meet 

19 at least three times per year at the call of the chairman. 

20 (f) REPORT.—On at least an annual basis, the Advi21 sory Committee shall issue a report to the chairman on 

22 efforts by the industries represented within the Advisory 

23 Committee to implement this Act as well as an assessment 

24 of existing and emerging barriers to vehicle repair and 

25 motor vehicle owners’ control over their vehicle-generated 


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1 data, including whether additional types of data should be 

2 included in the definition of vehicle-generated data. The 

3 Commission shall provide a copy of each report to the 

4 Committee on Energy and Commerce of the House of 

5 Representatives and the Committee on Commerce, 

6 Science, and Transportation of the Senate within 30 days 

7 of receipt of each report. 

8 (g) TERMINATION.—The Advisory Committee shall 

9 terminate upon an agreement of a majority of the mem10 bership. The Advisory Committee shall provide notice of 

11 its planned termination to the Committee on Energy and 

12 Commerce of the House of Representatives and the Com13 mittee on Commerce, Science, and Transportation of the 

14 Senate, not later than 30 days prior to such termination 

15 and shall include a basis for the termination. 

16 SEC. 5. RULEMAKING AND OTHER DIRECTIVES. 

17 (a) SECURITY STANDARDS FOR ACCESS TO VEHICLE18 GENERATED DATA THROUGH THE STANDARDIZED AC19 CESS PLATFORM.—Not later than 1 year after the date 

20 of enactment of this Act, the National Highway Traffic 

21 Safety Administration, in consultation with the Commis22 sion, shall, by regulations issued under section 553 of title 

23 5, United States Code, issue standards for access to data 

24 through the standardized access platform and establishing 

25 guidance to ensure the security of vehicle-generated data 


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1 and vehicles as related to the access of vehicle-generated 

2 data required pursuant to this Act. 

3 (b) DESIGNATION OF INDEPENDENT ENTITY TO AD4 MINISTER ACCESS TO DATA THROUGH THE STANDARD5 IZED ACCESS PLATFORM.— 

6 (1) IN GENERAL.—Not later than 2 years after 

7 the date of enactment of this Act, the Commission, 

8 in consultation with the National Highway Traffic 

9 Safety Administration, shall, by regulations issued 

10 under section 553 of title 5, United States Code, 

11 designate an independent entity not controlled by 

12 one or more motor vehicle manufacturers to estab13 lish and administer access to vehicle-generated data 

14 transmitted by standardized access platforms. 

15 (2) COMPOSITION.—Such independent entity 

16 designated under paragraph (1) shall consist of a 

17 cross-section of industry stakeholders, including 

18 aftermarket part manufacturers, telematics service 

19 providers, and motor vehicle manufacturers. 

20 (3) RESPONSIBILITIES.—The responsibilities of 

21 such independent entity shall include— 

22 (A) managing cybersecure access of vehi23 cle-generated data, including ensuring, on an 

24 ongoing basis, that access to the platform is se25 cure based on all applicable international standVerDate Sep 11 2014 00:35 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 ards, including those required by the National 

2 Highway Traffic Safety Administration in the 

3 final regulations issued pursuant to paragraph 

4 (1); 

5 (B) managing legitimate data requests, 

6 data standardization and harmonization; and 

7 (C) dispute resolution. 

8 (c) INFORMING MOTOR VEHICLE OWNERS OF THEIR

9 RIGHTS UNDER THIS ACT.—Not later than 2 years after 

10 the date of enactment of this Act, the Commission, in con11 sultation with the National Highway Traffic Safety Ad12 ministration, shall issue final regulations under section 

13 553 of title 5, United States Code, to require motor vehicle 

14 manufacturers and motor vehicle dealers to inform motor 

15 vehicle owners of their rights under this Act at the point 

16 of purchase or lease of a motor vehicle. 

17 SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMIS18 SION. 

19 (a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

20 A violation of this Act or a regulation issued under section 

21 5 shall be treated as a violation of a regulation under sec22 tion 18(a)(1)(B) of the Federal Trade Commission Act 

23 (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive 

24 acts or practices. The Commission shall enforce this sec25 tion in the same manner, by the same means, and with 


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1 the same jurisdiction, powers, and duties as though all ap2 plicable terms and provisions of the Commission Act (15 

3 U.S.C. 41 et seq.) were incorporated into and made a part 

4 of this Act. 

5 (b) PRIVILEGES AND IMMUNITIES.—Any person who 

6 violates this Act shall be subject to the penalties and enti7 tled to the privileges and immunities provided in the Fed8 eral Trade Commission Act. 

9 (c) COMPLAINT PROCESS.— 

10 (1) FILING.—Any person alleging any action 

11 taken or refused to be taken by any motor vehicle 

12 manufacturer subject to this Act, in violation of this 

13 Act may file a complaint with Commission briefly 

14 stating the facts of such complaint. 

15 (2) NOTIFICATION TO AND RESPONSE FROM

16 MOTOR VEHICLE MANUFACTURER.—Upon receiving 

17 a complaint under this subsection, the Commission 

18 shall forward the complaint to the motor vehicle 

19 manufacturer named in the complaint, and request20 ing that such motor vehicle manufacturer answer 

21 such complaint in writing within a reasonable time 

22 to be specified by the Commission. 

23 (3) FURTHER ACTION.—If such motor vehicle 

24 manufacturer within the time specified in paragraph 

25 (2) has ceased the conduct that is the subject of the 


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1 complaint and has otherwise made reparation for 

2 any harm injury alleged to have been caused, the 

3 motor vehicle manufacturer shall be relieved of li4 ability to the complainant only for the particular vio5 lation of law thus complained of. If such motor vehi6 cle manufacturer does not satisfy the complaint 

7 within the time specified or there is any reasonable 

8 ground for investigating such complaint, the Com9 mission shall investigate the matters complained of 

10 in such manner and by such means as it shall con11 sider proper. No complaint may at any time be dis12 missed because of the absence of direct damage to 

13 the complaint. 

14 (4) DEADLINE FOR ORDERS BY THE COMMIS15 SION.—The Commission shall, with respect to any 

16 investigation of complaint of a violation of this Act 

17 or a regulation issued under section 5 issue an order 

18 concluding such investigation within 5 months after 

19 the date on which the complaint was filed. Any order 

20 concluding an investigation under this paragraph 

21 shall be a final order and may be appealed to the 

22 Federal district court for the District of Columbia. 

23 SEC. 7. DEFINITIONS. 

24 (a) DEFINITIONS.—In this Act, the following defini25 tions apply: 


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1 (1) AFTERMARKET PART.—The term 

2 ‘‘aftermarket part’’ means any part offered for sale 

3 or for installation in or on a motor vehicle after such 

4 vehicle has left the vehicle manufacturer’s produc5 tion line. Such term does not include any original 

6 equipment or part manufactured for a motor vehicle 

7 manufacturer. 

8 (2) BARRIER.—The term ‘‘barrier’’ means a re9 striction that prohibits, makes more difficult, or 

10 tends to make more difficult, the ability of a person 

11 to exercise rights under this section. 

12 (3) CRITICAL REPAIR INFORMATION AND

13 TOOLS.—The term ‘‘critical repair information and 

14 tools’’ means all necessary technical and compat15 ibility information, tools, equipment, schematics, 

16 parts nomenclature and descriptions, parts catalogs, 

17 repair procedures, training materials, software, and 

18 technology, specifically including but not limited to 

19 information related to diagnostics, repair, service, 

20 calibration or recalibration of parts and systems to 

21 return a vehicle to operational specifications. 

22 (4) INSURER.—The term ‘‘insurer’’ has the 

23 meaning given that term under section 313(r) of 

24 title 31, United States Code. 


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1 (5) MOTOR VEHICLE REPAIR FACILITY.—The 

2 term ‘‘motor vehicle repair facility’’ means any per3 son or business who, in the ordinary course of its 

4 business, is engaged in the business of diagnosis, 

5 service, maintenance, repair, or calibration of motor 

6 vehicles or motor vehicle equipment. 

7 (6) MOTOR VEHICLE DEALER.—The term 

8 ‘‘motor vehicle dealer’’ means a dealer, as defined in 

9 section 30102(a) of title 49, United States Code, 

10 which has an agreement with a motor vehicle manu11 facturer related to the diagnostics, repair, or service 

12 of a motor vehicle. 

13 (7) MOTOR VEHICLE MANUFACTURER.—The 

14 term ‘‘motor vehicle manufacturer’’ means an entity 

15 manufacturing a ‘‘motor vehicle’’ as defined in sec16 tion 30102(a) of title 49, United States Code. 

17 (8) MOTOR VEHICLE.—The term ‘‘motor vehi18 cle’’ has the meaning given such term in section 

19 30102(a) of title 49, United States Code, and of the 

20 term ‘‘motor vehicle trailer’’ in section 390 of title 

21 49, Code of Federal Regulations. 

22 (9) MOTOR VEHICLE EQUIPMENT.—The term 

23 ‘‘motor vehicle equipment’’ has the meaning given 

24 such term in section 30102(a) of title 49, United 

25 States Code. 


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1 (10) MOTOR VEHICLE OWNER.—The term 

2 ‘‘motor vehicle owner’’ means a person with a 

3 present possessive ownership right in a motor vehicle 

4 or a lessee of a motor vehicle. It does not include a 

5 motor vehicle manufacturer or a person operating on 

6 behalf of a motor vehicle manufacturer, a motor ve7 hicle financing company, a motor vehicle dealer, or 

8 a motor vehicle lessor. 

9 (11) PERSON.—The term ‘‘person’’ means an 

10 individual, trust, estate, partnership, association, 

11 company, or corporation. 

12 (12) COMMISSION.—The term ‘‘Commission’’ 

13 means the Federal Trade Commission. 

14 (13) CHAIRMAN.—The term ‘‘Chairman’’ means 

15 the Chairman of the Federal Trade Commission. 

16 (14) REMANUFACTURER.—The term ‘‘remanu17 facturer’’ means a person utilizing a standardized 

18 industrial process by which previously sold, worn, or 

19 non-functional products are returned to same-as20 new, or better, condition and performance. The proc21 ess is in line with specific technical specifications, in22 cluding engineering, quality, and testing standards. 

23 The process yields fully warranted products. 

24 (15) SERVICE PROVIDER.—The term ‘‘service 

25 provider’’ means any designee of a motor vehicle 


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1 owner or motor vehicle repair facility employed by 

2 the motor vehicle owner or motor vehicle repair facil3 ity to assist with the diagnosis and repair of a vehi4 cle including wireless and remote technologies, or 

5 with any other wireless and remote services com6 parable to those provided by a vehicle manufacturer. 

7 (16) SPECIFIED LEGAL BARRIER.—The term 

8 ‘‘specified legal barrier’’ means— 

9 (A) requesting a waiver of a motor vehicle 

10 owner’s right to use a repair facility of the con11 sumer’s choice under this section, requiring a 

12 waiver as a condition for purchasing, leasing, 

13 operating, or obtaining warranty repairs, or of14 fering any compensation or other incentive for 

15 such a waiver; or 

16 (B) a barrier included within the definition 

17 of ‘‘specified legal barrier’’ in regulations pro18 mulgated by the Commission pursuant to sub19 section (b). 

20 (17) STANDARDIZED ACCESS PLATFORM.—The 

21 term ‘‘standardized access platform’’ means a 

22 cybersecure authentication and authorization system 

23 developed by a motor vehicle manufacturer, for the 

24 motor vehicles it manufactures, that has the ability 

25 to securely access and communicate vehicle genVerDate Sep 11 2014 00:35 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 erated data emanating directly from a motor vehicle 

2 via direct local and remote wireless data connections 

3 bidirectionally and in real-time. 

4 (18) TECHNOLOGICAL BARRIER.—The term 

5 ‘‘technological barrier’’ means any technological re6 striction that prohibits, makes more difficult, or 

7 tends to make more difficult, the ability of a person 

8 to exercise rights under this section. It includes any 

9 such restriction specifically prohibited by regulations 

10 promulgated by the Commission pursuant to sub11 section (b). 

12 (19) TELEMATICS SYSTEM.—The term 

13 ‘‘telematics system’’ means any system in a motor 

14 vehicle that collects information generated by the op15 eration of the vehicle and transmits such informa16 tion, utilizing wireless communications to a remote 

17 receiving point where it is stored. 

18 (20) VEHICLE-GENERATED DATA.—The term 

19 ‘‘vehicle-generated data’’ means any direct, real20 time, in-vehicle data generated, or generated and re21 tained, by the operation of a motor vehicle related 

22 to diagnostics, repair, service, wear, and calibration 

23 or recalibration of parts and systems required to re24 turn a vehicle to operational specifications in compli25 ance with Federal motor vehicle safety and emisVerDate Sep 11 2014 00:35 Feb 05, 2022 Jkt 029200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H6570.IH H6570

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1 sions laws, regulations, and standards, as well as 

2 any data related to the types of data included within 

3 the definition of vehicle-generated data in regula4 tions promulgated by the Commission pursuant to 

5 subsection (b). 

6 (b) AUTHORITY TO EXPAND CERTAIN DEFINI7 TIONS.— 

8 (1) REGULATIONS.—The Commission, in con9 sultation with the National Highway Traffic Safety 

10 Administration, may, by regulation under section 

11 553 of title 5, United States Code— 

12 (A) expand the definition of specified legal 

13 barrier under subsection (a)(16) to include bar14 riers to— 

15 (i) motor vehicle repair; or 

16 (ii) control by a motor vehicle owner 

17 of the motor vehicle owner’s vehicle-gen18 erated data; 

19 (B) include within the definition of techno20 logical barrier under subsection (a)(18) specific 

21 prohibited practices; or 

22 (C) add additional types of data to the def23 inition of vehicle-generated data under sub24 section (a)(20), regardless of whether those 

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1 pair, taking cybersecurity and privacy into con2 sideration, to allow consumers and their des3 ignees to directly access additional types of ve4 hicle-generated data, and for additional pur5 poses. 

6 (2) REVIEW.—The Commission shall review its 

7 authority under paragraph (1) not less frequently 

8 than every 3 years after the date of enactment of 

9 this Act to consider whether it is necessary to up10 date such definitions under such authority to ensure 

11 that the standardized access platform is effective for 

12 motor vehicle owners and their designees. In con13 ducting such reviews, the Commission shall request 

14 comments from aftermarket parts manufacturers, 

15 motor vehicle repair facilities, motor vehicle manu16 facturers, consumer rights organizations, automobile 

17 insurers, and others for the Commission to collect 

18 information on new, emerging barriers and other 

19 issues relevant to the Commission’s determination of 

20 whether to updates such definitions. 

21 SEC. 8. REPORT TO CONGRESS. 

22 Not later than 2 years after the date of enactment 

23 of this Act, and every two years thereafter, the Commis24 sion shall submit to the Committee on Energy and Com25 merce of the House of Representatives and the Committee 


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1 on Commerce, Science, and Transportation of the Senate 

2 a report that includes— 

3 (1) a summary of investigations conducted and 

4 orders issued under section 7, including descriptions 

5 of unfair practices relating to repair and data access 

6 restrictions, and a summary of best practices from 

7 stakeholders; 

8 (2) actions the Commission is taking to adapt 

9 to changes and advances in motor vehicle technology 

10 to maintain competition in the motor vehicle 

11 aftermarket and to ensure motor vehicle owners’ 

12 control over their vehicle-generated data; and 

13 (3) any recommendations by the Commission 

14 for legislation that would improve the ability of the 

15 Commission and other relevant Federal agencies to 

16 further protect consumers from unfair acts limiting 

17 competition in motor vehicle repair and strengthen 

18 their control over their vehicle-generated data. 

19 SEC. 9. EFFECT ON STATE LAW. 

20 (a) IN GENERAL.—Except as provided in subsection 

21 (b), this Act shall preempt State law only to the extent 

22 a State law imposes a duty on a manufacturer that is nar23 rower than the duties described in this section. 

24 (b) PREEMPTION.—Notwithstanding subsection (a), 

25 this Act shall preempt any State law mandating the use 


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1 of any particular brand or manufacturer of parts, tools, 

2 or equipment for the purpose of maintaining, diagnosing, 

3 or repairing a motor vehicle. 

4 SEC. 10. SEVERABILITY. 

5 If any provision of this Act is held to be invalid, the 

6 remainder of this Act shall not be affected thereby. 

Æ 


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