II 

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. 

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 2010’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress makes the following find8 ings: 


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1 (1) Motor vehicle owners are entitled to choose 

2 which service provider will diagnose, service, main3 tain, or repair their motor vehicles. 

4 (2) Promoting competition in price and quality 

5 for the diagnosis of problems, service, maintenance, 

6 and repair of motor vehicles will benefit consumers. 

7 (3) Regular diagnosis, service, maintenance, 

8 and repair of motor vehicles, motor vehicle equip9 ment, and motor vehicle systems, such as pollution 

10 control, transmission, antilock brakes, electronic and 

11 mechanical systems, heating, air-conditioning, and 

12 steering are essential to facilitating United States 

13 mobility, minimizing fuel consumption, protecting 

14 the environment, and enabling the highest possible 

15 levels of safety in modern motor vehicles. 

16 (4) Various kinds of computers have been inte17 grated by manufacturers into motor vehicle equip18 ment and motor vehicle systems. On-board computer 

19 technology controls virtually all of the motor vehi20 cle’s systems, and only service technicians with the 

21 necessary tools and information can access the com22 puters to perform diagnosis, service, maintenance, 

23 and repair of the motor vehicle. 

24 (5) Manufacturers have provided their author25 ized dealers and service providers with the informaVerDate Nov 24 2008 03:52 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3181.IS S3181

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1 tion, tools, codes, and replacement equipment nec2 essary to diagnose problems and to service, main3 tain, and repair motor vehicles that incorporate com4 puters in their motor vehicle systems. 

5 (6) Consumers in the United States have bene6 fitted from the availability of a wide choice of service 

7 providers for their motor vehicles. The United States 

8 economy has also benefitted from the availability of 

9 a tools and parts supply aftermarket that provides 

10 jobs to more than 5,000,000 workers in approxi11 mately 495,000 businesses, and generates approxi12 mately $200,000,000,000 in annual sales. 

13 (7) New motor vehicles are being equipped with 

14 systems that permit such vehicles to transmit repair 

15 and diagnostic information wirelessly to the vehicle 

16 manufacturer and repair facilities. Car owners have 

17 the right to choose where and to whom information 

18 generated by their vehicle and vehicle computers is 

19 sent. 

20 (b) PURPOSES.—The purposes of this Act are— 

21 (1) to protect the rights of motor vehicle owners 

22 to choose a service provider for the diagnosis, serv23 ice, maintenance, and repair of their motor vehicles; 

24 (2) to promote competition in price and quality 

25 among service providers; and 


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1 (3) to promote safety and fuel efficiency by al2 lowing consumers to choose among competing service 

3 providers. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ATTORNEY GENERAL OF A STATE.—The 

7 term ‘‘attorney general of a State’’ means the attor8 ney general or other chief law enforcement officer of 

9 a State. 

10 (2) COMMERCE.—The term ‘‘commerce’’ has 

11 the meaning given that term in section 4 of the Fed12 eral Trade Commission Act (15 U.S.C. 44). 

13 (3) CONSUMER, MOTOR VEHICLE OWNER.—The 

14 terms ‘‘consumer’’ and ‘‘motor vehicle owner’’ mean 

15 any person who owns, leases, or otherwise has the 

16 legal right to use and possess a motor vehicle, or the 

17 agent of such person. 

18 (4) DEALER, MANUFACTURER, MOTOR VEHI19 CLE, MOTOR VEHICLE EQUIPMENT.—The terms 

20 ‘‘dealer’’, ‘‘manufacturer’’, ‘‘motor vehicle’’, and 

21 ‘‘motor vehicle equipment’’ have the meaning given 

22 those terms in section 30102(a) of title 49, United 

23 States Code. 


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1 (5) REPLACEMENT EQUIPMENT.—The term 

2 ‘‘replacement equipment’’ has the meaning given 

3 that term in section 30102(b)(1) of such title. 

4 (6) SERVICE PROVIDER.—The term ‘‘service 

5 provider’’ means any person engaged in the diag6 nosis, service, maintenance, or repair of motor vehi7 cles or motor vehicle engines. 

8 (7) TECHNICAL SERVICE BULLETIN.—The term 

9 ‘‘technical service bulletin’’— 

10 (A) means a communication sent to a deal11 er about the diagnosis, service, maintenance or 

12 repair of a motor vehicle or item of motor vehi13 cle equipment; and 

14 (B) includes all communications sent to 

15 the Secretary of Transportation under sub16 sections (f) and (m)(3)(A)(ii) of section 30166 

17 of title 49, United States Code. 

18 SEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFAC19 TURERS. 

20 (a) DUTY TO DISCLOSE INFORMATION.— 

21 (1) IN GENERAL.—The manufacturer of a 

22 motor vehicle sold, leased, or otherwise introduced 

23 into commerce in the United States shall provide to 

24 the owner of the motor vehicle and the service pro25 vider of the motor vehicle, using reasonable business 


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1 means and on a non-discriminatory basis, all infor2 mation to diagnose, service, maintain, or repair the 

3 motor vehicle. 

4 (2) ELEMENTS.—The information required 

5 under paragraph (1) with respect to a motor vehicle 

6 shall include the following: 

7 (A) Information about all safety alerts, re8 calls, service bulletins, and the adjustments 

9 needed to maintain the efficiency, safety, and 

10 convenience of the vehicle. 

11 (B) All information of any kind provided 

12 directly, indirectly, or wirelessly to new car 

13 dealers or any repair facility to diagnose, serv14 ice, maintain, repair, activate, certify, or install 

15 any motor vehicle equipment (including replace16 ment parts and equipment) in the motor vehi17 cle. 

18 (b) DUTY TO MAKE TOOLS AVAILABLE.—The manu19 facturer of a motor vehicle sold, leased, or otherwise intro20 duced into commerce in the United States shall— 

21 (1) offer for sale to the owner of the motor ve22 hicle and to all service providers on a reasonable and 

23 non-discriminatory basis, any tool for the diagnosis, 

24 service, maintenance, or repair of the motor vehicle; 

25 and 


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1 (2) provide all information that enables after2 market tool companies to manufacture tools with the 

3 same functional characteristics as those tools made 

4 available by the manufacturers to authorized dealers. 

5 (c) REPLACEMENT EQUIPMENT.—The manufacturer 

6 of a motor vehicle sold, leased, or otherwise introduced 

7 into commerce in the United States shall offer for sale 

8 to the owner of the motor vehicle and to all service pro9 viders on reasonable and non-discriminatory terms, all 

10 equipment for diagnosis, service, maintenance, or repair 

11 of the motor vehicle. 

12 (d) PROTECTION OF TRADE SECRETS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), nothing in this section may be construed 

15 to require a manufacturer to disclose publicly infor16 mation that, if made public, would divulge methods 

17 or processes entitled to protection as trade secrets. 

18 (2) EXCEPTION.—No information may be with19 held by a manufacturer on the ground that it is a 

20 trade secret if that information is provided (directly 

21 or indirectly) to authorized dealers or service pro22 viders. 

23 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 

24 (a) IN GENERAL.—The Federal Trade Commission 

25 shall enforce the provisions of this Act in the same manVerDate Nov 24 2008 03:52 Mar 26, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3181.IS S3181

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1 ner, by the same means, and with the same jurisdiction, 

2 powers, and duties as though all applicable terms and pro3 visions of the Federal Trade Commission Act (15 U.S.C. 

4 41 et seq.) were incorporated into and made part of this 

5 Act. 

6 (b) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 

7 (1) VIOLATION OF A DUTY.—Any failure to 

8 comply with the provisions of section 4 shall be 

9 treated as an unfair method of competition and an 

10 unfair or deceptive act or practice within the mean11 ing of section 5(a)(1) of the Federal Trade Commis12 sion Act (15 U.S.C. 45(a)(1)). 

13 (2) VIOLATION OF A RULE.—A violation of a 

14 rule prescribed under subsection (c) shall be treated 

15 as a violation of a rule defining an unfair or decep16 tive act or practice prescribed under section 

17 18(a)(1)(B) of the Federal Trade Commission Act 

18 (15 U.S.C. 57a(a)(1)(B)). 

19 (c) RULEMAKING.— 

20 (1) IN GENERAL.—Except as provided in para21 graph (2), the Federal Trade Commission may pre22 scribe such rules as may be necessary to carry out 

23 the provisions of this Act. 


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1 (2) LIMITATION.—The Federal Trade Commis2 sion may not prescribe rules under this subsection 

3 that— 

4 (A) interfere with the authority of the Ad5 ministrator of the Environmental Protection 

6 Agency under section 202(m) of the Clean Air 

7 Act (42 U.S.C. 7521(m)) with regard to motor 

8 vehicle emissions control diagnostics systems; or 

9 (B) conflict with rules prescribed by the 

10 Administrator of the Environmental Protection 

11 Agency. 

12 SEC. 6. ACTION BY STATES. 

13 (a) IN GENERAL.—In any case in which the attorney 

14 general of a State has reason to believe that an interest 

15 of the residents of the State has been or is threatened 

16 or adversely affected by the engagement of any person 

17 subject to a provision of section 4 or a rule prescribed 

18 under section 5(c) in a practice that violates such provi19 sion or rule, the State may, as parens patriae, bring a 

20 civil action on behalf of the residents of the State in an 

21 appropriate district court of the United States or other 

22 court of competent jurisdiction— 

23 (1) to enjoin that practice; 

24 (2) to enforce compliance with the provision or 

25 rule; 


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1 (3) to obtain damages, restitution, or other 

2 compensation on behalf of residents of the State; or 

3 (4) to obtain such other relief as the court con4 siders appropriate. 

5 (b) RIGHTS OF FEDERAL TRADE COMMISSION.— 

6 (1) NOTICE TO FEDERAL TRADE COMMIS7 SION.— 

8 (A) IN GENERAL.—Except as provided in 

9 subparagraph (C), the attorney general of a 

10 State shall notify the Federal Trade Commis11 sion in writing of any civil action under sub12 section (a), prior to initiating such civil action. 

13 (B) CONTENTS.—The notice required by 

14 subparagraph (A) shall include a copy of the 

15 complaint to be filed to initiate such civil ac16 tion. 

17 (C) EXCEPTION.—If it is not feasible for 

18 the attorney general of a State to provide the 

19 notice required by subparagraph (A), the State 

20 shall provide notice immediately upon insti21 tuting a civil action under subsection (a). 

22 (2) INTERVENTION BY FEDERAL TRADE COM23 MISSION.— 

24 (A) IN GENERAL.—Upon receiving notice 

25 required by paragraph (1) with respect to a 


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1 civil action, the Federal Trade Commission 

2 may— 

3 (i) intervene in such action; and 

4 (ii) upon intervening— 

5 (I) be heard on all matters aris6 ing in such civil action; 

7 (II) remove the action to the ap8 propriate district court of the United 

9 States; and 

10 (III) file petitions for appeal of a 

11 decision in such action. 

12 (B) CONTINUED PARTICIPATION OF

13 STATES.—If the Federal Trade Commission re14 moves an action to the appropriate district 

15 court of the United States under subparagraph 

16 (A)(ii)(III), the State shall remain a party to 

17 the action in such court. 

18 (c) INVESTIGATORY POWERS.—Nothing in this sec19 tion may be construed to prevent the attorney general of 

20 a State from exercising the powers conferred on such at21 torney general by the laws of such State to conduct inves22 tigations or to administer oaths or affirmations or to com23 pel the attendance of witnesses or the production of docu24 mentary and other evidence. 


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1 (d) PREEMPTIVE ACTION BY FEDERAL TRADE COM2 MISSION.—If the Federal Trade Commission institutes a 

3 civil action or an administrative action to enforce a viola4 tion of a rule prescribed under section 5(c), no State may, 

5 during the pendency of such action, bring a civil action 

6 under subsection (a) against any defendant named in the 

7 complaint of the Commission for violation of a rule pre8 scribed under section 5(c) that is alleged in such com9 plaint. 

10 (e) ACTIONS BY OTHER STATE OFFICIALS.— 

11 (1) IN GENERAL.—In addition to actions 

12 brought by an attorney general of a State under 

13 subsection (a), an action may be brought by officers 

14 of a State who are so authorized. 

15 (2) SAVINGS PROVISION.—Nothing contained in 

16 this section may be construed to prohibit an author17 ized official of a State from proceeding in a court of 

18 such State on the basis of an alleged violation of any 

19 civil or criminal statute of such State. 

20 SEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS. 

21 In any case in which a consumer or service provider 

22 has reason to believe that an interest of the consumer or 

23 service provider is threatened or adversely affected by the 

24 engagement of any person subject to a provision of section 

25 4 or a rule prescribed under section 5(c) in a practice that 


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1 violates such provision or rule, the consumer or service 

2 provider may bring a civil action in an appropriate district 

3 court of the United States or other court of competent 

4 jurisdiction— 

5 (1) to enjoin the practice; 

6 (2) to enforce compliance with the provision or 

7 rule; 

8 (3) to obtain damages or restitution, including 

9 court costs and reasonable attorney and expert wit10 ness fees; or 

11 (4) to obtain such other relief as the court con12 siders appropriate. 

13 SEC. 8. TECHNICAL SERVICE BULLETINS. 

14 The Federal Trade Commission shall cooperate with 

15 the Secretary of Transportation in preparing a technical 

16 service bulletin that the Secretary intends to publish on 

17 an Internet Web site of the Federal Government. 

Æ 


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