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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3181

To protect the rights of consumers to diagnose, service, maintain, and 
          repair their motor vehicles, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 25, 2010

  Mrs. Boxer (for herself and Mr. Brownback) 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 consumers to diagnose, service, maintain, and 
          repair 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 ``Motor Vehicle Owners Right to Repair 
Act of 2010''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress makes the following findings:
            (1) Motor vehicle owners are entitled to choose which 
        service provider will diagnose, service, maintain, or repair 
        their motor vehicles.
            (2) Promoting competition in price and quality for the 
        diagnosis of problems, service, maintenance, and repair of 
        motor vehicles will benefit consumers.
            (3) Regular diagnosis, service, maintenance, and repair of 
        motor vehicles, motor vehicle equipment, and motor vehicle 
        systems, such as pollution control, transmission, antilock 
        brakes, electronic and mechanical systems, heating, air-
        conditioning, and steering are essential to facilitating United 
        States mobility, minimizing fuel consumption, protecting the 
        environment, and enabling the highest possible levels of safety 
        in modern motor vehicles.
            (4) Various kinds of computers have been integrated by 
        manufacturers into motor vehicle equipment and motor vehicle 
        systems. On-board computer technology controls virtually all of 
        the motor vehicle's systems, and only service technicians with 
        the necessary tools and information can access the computers to 
        perform diagnosis, service, maintenance, and repair of the 
        motor vehicle.
            (5) Manufacturers have provided their authorized dealers 
        and service providers with the information, tools, codes, and 
        replacement equipment necessary to diagnose problems and to 
        service, maintain, and repair motor vehicles that incorporate 
        computers in their motor vehicle systems.
            (6) Consumers in the United States have benefitted from the 
        availability of a wide choice of service providers for their 
        motor vehicles. The United States economy has also benefitted 
        from the availability of a tools and parts supply aftermarket 
        that provides jobs to more than 5,000,000 workers in 
        approximately 495,000 businesses, and generates approximately 
        $200,000,000,000 in annual sales.
            (7) New motor vehicles are being equipped with systems that 
        permit such vehicles to transmit repair and diagnostic 
        information wirelessly to the vehicle manufacturer and repair 
        facilities. Car owners have the right to choose where and to 
        whom information generated by their vehicle and vehicle 
        computers is sent.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect the rights of motor vehicle owners to choose 
        a service provider for the diagnosis, service, maintenance, and 
        repair of their motor vehicles;
            (2) to promote competition in price and quality among 
        service providers; and
            (3) to promote safety and fuel efficiency by allowing 
        consumers to choose among competing service providers.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Attorney general of a state.--The term ``attorney 
        general of a State'' means the attorney general or other chief 
        law enforcement officer of a State.
            (2) Commerce.--The term ``commerce'' has the meaning given 
        that term in section 4 of the Federal Trade Commission Act (15 
        U.S.C. 44).
            (3) Consumer, motor vehicle owner.--The terms ``consumer'' 
        and ``motor vehicle owner'' mean any person who owns, leases, 
        or otherwise has the legal right to use and possess a motor 
        vehicle, or the agent of such person.
            (4) Dealer, manufacturer, motor vehicle, motor vehicle 
        equipment.--The terms ``dealer'', ``manufacturer'', ``motor 
        vehicle'', and ``motor vehicle equipment'' have the meaning 
        given those terms in section 30102(a) of title 49, United 
        States Code.
            (5) Replacement equipment.--The term ``replacement 
        equipment'' has the meaning given that term in section 
        30102(b)(1) of such title.
            (6) Service provider.--The term ``service provider'' means 
        any person engaged in the diagnosis, service, maintenance, or 
        repair of motor vehicles or motor vehicle engines.
            (7) Technical service bulletin.--The term ``technical 
        service bulletin''--
                    (A) means a communication sent to a dealer about 
                the diagnosis, service, maintenance or repair of a 
                motor vehicle or item of motor vehicle equipment; and
                    (B) includes all communications sent to the 
                Secretary of Transportation under subsections (f) and 
                (m)(3)(A)(ii) of section 30166 of title 49, United 
                States Code.

SEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFACTURERS.

    (a) Duty To Disclose Information.--
            (1) In general.--The manufacturer of a motor vehicle sold, 
        leased, or otherwise introduced into commerce in the United 
        States shall provide to the owner of the motor vehicle and the 
        service provider of the motor vehicle, using reasonable 
        business means and on a non-discriminatory basis, all 
        information to diagnose, service, maintain, or repair the motor 
        vehicle.
            (2) Elements.--The information required under paragraph (1) 
        with respect to a motor vehicle shall include the following:
                    (A) Information about all safety alerts, recalls, 
                service bulletins, and the adjustments needed to 
                maintain the efficiency, safety, and convenience of the 
                vehicle.
                    (B) All information of any kind provided directly, 
                indirectly, or wirelessly to new car dealers or any 
                repair facility to diagnose, service, maintain, repair, 
                activate, certify, or install any motor vehicle 
                equipment (including replacement parts and equipment) 
                in the motor vehicle.
    (b) Duty To Make Tools Available.--The manufacturer of a motor 
vehicle sold, leased, or otherwise introduced into commerce in the 
United States shall--
            (1) offer for sale to the owner of the motor vehicle and to 
        all service providers on a reasonable and non-discriminatory 
        basis, any tool for the diagnosis, service, maintenance, or 
        repair of the motor vehicle; and
            (2) provide all information that enables aftermarket tool 
        companies to manufacture tools with the same functional 
        characteristics as those tools made available by the 
        manufacturers to authorized dealers.
    (c) Replacement Equipment.--The manufacturer of a motor vehicle 
sold, leased, or otherwise introduced into commerce in the United 
States shall offer for sale to the owner of the motor vehicle and to 
all service providers on reasonable and non-discriminatory terms, all 
equipment for diagnosis, service, maintenance, or repair of the motor 
vehicle.
    (d) Protection of Trade Secrets.--
            (1) In general.--Except as provided in paragraph (2), 
        nothing in this section may be construed to require a 
        manufacturer to disclose publicly information that, if made 
        public, would divulge methods or processes entitled to 
        protection as trade secrets.
            (2) Exception.--No information may be withheld by a 
        manufacturer on the ground that it is a trade secret if that 
        information is provided (directly or indirectly) to authorized 
        dealers or service providers.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) In General.--The Federal Trade Commission shall enforce the 
provisions of 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 part of this Act.
    (b) Unfair or Deceptive Acts or Practices.--
            (1) Violation of a duty.--Any failure to comply with the 
        provisions of section 4 shall be treated as an unfair method of 
        competition and an unfair or deceptive act or practice within 
        the meaning of section 5(a)(1) of the Federal Trade Commission 
        Act (15 U.S.C. 45(a)(1)).
            (2) Violation of a rule.--A violation of a rule prescribed 
        under subsection (c) shall be treated as a violation of a rule 
        defining an unfair or deceptive act or practice prescribed 
        under section 18(a)(1)(B) of the Federal Trade Commission Act 
        (15 U.S.C. 57a(a)(1)(B)).
    (c) Rulemaking.--
            (1) In general.--Except as provided in paragraph (2), the 
        Federal Trade Commission may prescribe such rules as may be 
        necessary to carry out the provisions of this Act.
            (2) Limitation.--The Federal Trade Commission may not 
        prescribe rules under this subsection that--
                    (A) interfere with the authority of the 
                Administrator of the Environmental Protection Agency 
                under section 202(m) of the Clean Air Act (42 U.S.C. 
                7521(m)) with regard to motor vehicle emissions control 
                diagnostics systems; or
                    (B) conflict with rules prescribed by the 
                Administrator of the Environmental Protection Agency.

SEC. 6. ACTION BY STATES.

    (a) In General.--In any case in which the attorney general of a 
State has reason to believe that an interest of the residents of the 
State has been or is threatened or adversely affected by the engagement 
of any person subject to a provision of section 4 or a rule prescribed 
under section 5(c) in a practice that violates such provision or rule, 
the State may, as parens patriae, bring a civil action on behalf of the 
residents of the State in an appropriate district court of the United 
States or other court of competent jurisdiction--
            (1) to enjoin that practice;
            (2) to enforce compliance with the provision or rule;
            (3) to obtain damages, restitution, or other compensation 
        on behalf of residents of the State; or
            (4) to obtain such other relief as the court considers 
        appropriate.
    (b) Rights of Federal Trade Commission.--
            (1) Notice to federal trade commission.--
                    (A) In general.--Except as provided in subparagraph 
                (C), the attorney general of a State shall notify the 
                Federal Trade Commission in writing of any civil action 
                under subsection (a), prior to initiating such civil 
                action.
                    (B) Contents.--The notice required by subparagraph 
                (A) shall include a copy of the complaint to be filed 
                to initiate such civil action.
                    (C) Exception.--If it is not feasible for the 
                attorney general of a State to provide the notice 
                required by subparagraph (A), the State shall provide 
                notice immediately upon instituting a civil action 
                under subsection (a).
            (2) Intervention by federal trade commission.--
                    (A) In general.--Upon receiving notice required by 
                paragraph (1) with respect to a civil action, the 
                Federal Trade Commission may--
                            (i) intervene in such action; and
                            (ii) upon intervening--
                                    (I) be heard on all matters arising 
                                in such civil action;
                                    (II) remove the action to the 
                                appropriate district court of the 
                                United States; and
                                    (III) file petitions for appeal of 
                                a decision in such action.
                    (B) Continued participation of states.--If the 
                Federal Trade Commission removes an action to the 
                appropriate district court of the United States under 
                subparagraph (A)(ii)(III), the State shall remain a 
                party to the action in such court.
    (c) Investigatory Powers.--Nothing in this section may be construed 
to prevent the attorney general of a State from exercising the powers 
conferred on such attorney general by the laws of such State to conduct 
investigations or to administer oaths or affirmations or to compel the 
attendance of witnesses or the production of documentary and other 
evidence.
    (d) Preemptive Action by Federal Trade Commission.--If the Federal 
Trade Commission institutes a civil action or an administrative action 
to enforce a violation of a rule prescribed under section 5(c), no 
State may, during the pendency of such action, bring a civil action 
under subsection (a) against any defendant named in the complaint of 
the Commission for violation of a rule prescribed under section 5(c) 
that is alleged in such complaint.
    (e) Actions by Other State Officials.--
            (1) In general.--In addition to actions brought by an 
        attorney general of a State under subsection (a), an action may 
        be brought by officers of a State who are so authorized.
            (2) Savings provision.--Nothing contained in this section 
        may be construed to prohibit an authorized official of a State 
        from proceeding in a court of such State on the basis of an 
        alleged violation of any civil or criminal statute of such 
        State.

SEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS.

    In any case in which a consumer or service provider has reason to 
believe that an interest of the consumer or service provider is 
threatened or adversely affected by the engagement of any person 
subject to a provision of section 4 or a rule prescribed under section 
5(c) in a practice that violates such provision or rule, the consumer 
or service provider may bring a civil action in an appropriate district 
court of the United States or other court of competent jurisdiction--
            (1) to enjoin the practice;
            (2) to enforce compliance with the provision or rule;
            (3) to obtain damages or restitution, including court costs 
        and reasonable attorney and expert witness fees; or
            (4) to obtain such other relief as the court considers 
        appropriate.

SEC. 8. TECHNICAL SERVICE BULLETINS.

    The Federal Trade Commission shall cooperate with the Secretary of 
Transportation in preparing a technical service bulletin that the 
Secretary intends to publish on an Internet Web site of the Federal 
Government.
                                 <all>
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