II 

108TH CONGRESS 

2D SESSION S. 2138

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 SENATE OF THE UNITED STATES 

FEBRUARY 26, 2004

Mr. GRAHAM of South Carolina introduced the following bill; which was read 

twice and referred to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Right to Repair Act of 2003’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

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

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

9 a motor vehicle in a timely, reliable, and affordable 
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1 manner is essential to the safety and well-being of 

2 automotive consumers in the United States. 

3 (2) Consumers are entitled to choose among 

4 competing repair facilities for the convenient, reli5 able, and affordable repair of their motor vehicles. 

6 (3) Increased competition among repair facili7 ties will benefit vehicle owners in the United States. 

8 (4) Computers of various kinds are increasingly 

9 being used in motor vehicle systems, such as pollu10 tion control, transmission, antilock brakes, electronic 

11 and mechanical systems, heating and air-condi12 tioning, sound, and steering. 

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

14 vehicle systems are essential to the safety and prop15 er operation of modern motor vehicles. 

16 (6) In many instances, access codes prevent 

17 owners from making, or having made, the necessary 

18 diagnosis, service, and repair of their motor vehicles 

19 in a timely, convenient, reliable, and affordable man20 ner. 

21 (7) Consumers in the United States have bene22 fited from the availability of an aftermarket parts 

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

24 maintenance, or enhancement of a motor vehicle. 

25 The American economy has also benefited from the 
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1 availability of an aftermarket parts supply that pro2 vides jobs to over 5 million workers in 495,000 busi3 nesses, and generates $200 billion in annual sales. 

4 (8) Vehicle owners in the United States should 

5 have the right—

6 (A) to all information necessary to allow 

7 the diagnosis, service, and repair of their vehi8 cles; 

9 (B) to choose between original parts and 

10 aftermarket parts when repairing their motor 

11 vehicles; and 

12 (C) to make, or have made, repairs nec13 essary to keep their vehicles in reasonably good 

14 and serviceable condition during the expected 

15 vehicle life. 

16 (9) The restriction of vehicle repair information 

17 limits who can repair motor vehicles and what parts 

18 may be used to repair those vehicles, which limits 

19 consumer choice and thus limits competition. 

20 (10) The Congress has provided the Federal 

21 Trade Commission with broad authority to make 

22 and enforce rules to foster competition, to prevent 

23 unfair methods of competition in commerce, and to 

24 protect consumers. 
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1 (b) PURPOSES.—The purposes of this Act are the fol2 lowing: 

3 (1) To require the Federal Trade Commission 

4 to prescribe and enforce rules necessary to ensure 

5 the right of a motor vehicle owner to obtain all in6 formation required for the diagnosis, service, and re7 pair of the motor vehicle. 

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

9 by requiring disclosure of all information necessary 

10 for the proper diagnosis, service, and repair of a ve11 hicle in a timely, affordable, and reliable manner. 

12 (3) To encourage competition in the diagnosis, 

13 service, and repair of motor vehicles. 

14 SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. 

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

16 prescribed by the Federal Trade Commission under sec17 tion 6, the manufacturer of a motor vehicle sold or intro18 duced into commerce in the United States shall promptly 

19 provide to the vehicle owner, to a repair facility of the ve20 hicle, and to the Commission for use by any such vehicle 

21 owner or repair facility, the information necessary to diag22 nose, service, or repair the vehicle. Such information shall 

23 include—

24 (1) information necessary to integrate replace25 ment equipment into the vehicle; and 
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1 (2) other information necessary to diagnose, 

2 service, repair, activate, certify, or install any motor 

3 vehicle equipment (including replacement equipment) 

4 in the motor vehicle. 

5 (b) PROTECTION OF TRADE SECRETS.—

6 (1) DETERMINATION BY FEDERAL TRADE COM7 MISSION.—The Federal Trade Commission may not 

8 require a manufacturer to publicly disclose informa9 tion that, if made public, would divulge methods or 

10 processes entitled to protection as trade secrets of 

11 that manufacturer, but may require disclosure of 

12 such information to the Commission for the purpose 

13 of determining whether such information is entitled 

14 to such protection. Such determination shall be 

15 made on the record after an opportunity for an 

16 agency hearing. 

17 (2) PREVIOUSLY DISCLOSED INFORMATION.—

18 The information described in subsection (a) may not 

19 be withheld by a manufacturer if that information is 

20 provided (directly or indirectly) to franchised dealers 

21 or other repair facilities. 

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

23 The failure by a manufacturer to provide the infor24 mation required by section 3(a) constitutes an unfair 

25 method of competition and an unfair or deceptive act or 
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1 practice in or affecting commerce (within the meaning of 

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

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

4 section 6(a) constitutes a violation of a rule defining an 

5 unfair or deceptive act or practice prescribed under section 

6 18(a)(1)(B) of the Federal Trade Commission Act (15 

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

8 SEC. 5. PRIVATE RIGHT OF ACTION. 

9 A vehicle owner or repair facility may bring a civil 

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

11 costs of litigation (including reasonable attorney and ex12 pert witness fees). Such an action may be brought in the 

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

14 such owner resides or such repair facility does business, 

15 without regard to the amount in controversy or the citizen16 ship of the parties. 

17 SEC. 6. RULEMAKING. 

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

19 date of enactment of this Act, the Federal Trade Commis20 sion shall prescribe rules setting forth a uniform method 

21 by which a manufacturer shall provide the information re22 quired by section 3(a), including disclosure in writing, on 

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

24 as the Commission determines may be appropriate. Such 
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1 rules shall take effect for vehicles manufactured after 

2 model year 1994. 

3 (b) LIMITATION.—The Federal Trade Commission 

4 may not prescribe rules that—

5 (1) interfere with the authority of the Adminis6 trator of the Environmental Protection Agency 

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

8 U.S.C. 7521(m)) with regard to motor vehicle emis9 sions control diagnostics systems; or 

10 (2) conflict with rules prescribed by such Ad11 ministrator under such section. 

12 SEC. 7. DEFINITIONS. 

13 In this Act: 

14 (1) COMMERCE.—The term ‘‘commerce’’ has 

15 the meaning given that term in section 4 of the Fed16 eral Trade Commission Act (15 U.S.C. 44). 

17 (2) COMMISSION.—The term ‘‘Commission’’ 

18 means the Federal Trade Commission. 

19 (3) MANUFACTURER; MOTOR VEHICLE, MOTOR

20 VEHICLE EQUIPMENT.—The terms ‘‘manufacturer’’, 

21 ‘‘motor vehicle’’, and ‘‘motor vehicle equipment’’ 

22 have the meanings given those terms in section 

23 30102(a) of title 49, United States Code. 

24 (4) VEHICLE OWNER.—The term ‘‘vehicle 

25 owner’’ means any person who owns, leases, or oth-
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1 erwise has the legal right to use and possess a motor 

2 vehicle, or the agent of such person. 

3 (5) REPAIR FACILITY.—The term ‘‘repair facil4 ity’’ means a person engaged in the repair, diag5 nosing, or servicing of motor vehicles or motor vehi6 cle engines. 

7 (6) REPLACEMENT EQUIPMENT.—The term 

8 ‘‘replacement equipment’’ has the meaning given 

9 that term in section 30102(b)(1) of title 49, United 

10 States Code. 

11 (7) MODEL YEAR.—The term ‘‘model year’’ has 

12 the meaning given that term in section 32901(a) of 

13 title 49, United States Code.

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