REPAIR Act

Subjects: Commerce


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 906 Introduced in House (IH)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                H. R. 906

    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 9, 2023

   Mr. Dunn of Florida (for himself, Mr. Boyle of Pennsylvania, Mr. 
   Davidson, and Ms. Perez) 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.

    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 ``Right to Equitable and Professional 
Auto Industry Repair Act'' or the ``REPAIR Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) as technology advances and vehicle systems become more 
        advanced, vehicle repair and maintenance will require access to 
        extensive vehicle data, software, sophisticated replacement 
        components, training, diagnostic tools, and enhanced diagnostic 
        repair services;
            (2) consumers and their designees must have access to 
        vehicle-generated data and aftermarket parts that are necessary 
        to maintain consumer choice and competitive pricing;
            (3) consumer choice, consumer control, motor vehicle 
        cybersecurity, and safety are all valid concerns and do not 
        have to be mutually exclusive;
            (4) vehicles generate increasingly massive amounts of data 
        and the Federal Trade Commission and the National Highway 
        Traffic Safety Administration are uniquely positioned, after 
        considering consumers' privacy and cybersecurity needs, to 
        designate additional types of data not specifically considered 
        or identified by Congress that consumers should be able to 
        easily share with persons they choose for the reasons they 
        choose and examine fair competition in evolving motor vehicle 
        technologies; and
            (5) it is in the interest of the United States to foster 
        competition in the motor vehicle repair industry and not limit 
        consumers in their choices for maintenance, service, and 
        repair, allowing consumers and the industry to benefit from a 
        system that fosters communication, collaboration, and 
        innovation and promotes consumer choice.

SEC. 3. MAINTAINING COMPETITION AFTER CONSUMERS PURCHASE OR LEASE THEIR 
              MOTOR VEHICLES.

    (a) In General.--
            (1) Prohibition on motor vehicle manufacturers withholding 
        of data, critical repair information, and tools.--A motor 
        vehicle manufacturer shall not employ any technological barrier 
        or specified legal barrier that impairs the ability of--
                    (A) a motor vehicle owner or the motor vehicle 
                owner's designee to access vehicle-generated data 
                pursuant to subparagraphs (A) and (B) of paragraph (2);
                    (B) a motor vehicle owner or the motor vehicle 
                owner's designee, or an aftermarket parts manufacturer, 
                a motor vehicle equipment manufacturer, an aftermarket 
                parts remanufacturer, or a motor vehicle repair 
                facility and their distributors and service providers 
                to access critical repair information and tools 
                pursuant to paragraph (2)(C);
                    (C) a motor vehicle owner or the motor vehicle 
                owner's designee to use a vehicle towing or service 
                provider of their choice;
                    (D) an aftermarket parts manufacturer, a motor 
                vehicle equipment manufacturer, an aftermarket parts 
                remanufacturer, or a motor vehicle repair facility and 
                their distributors and service providers to produce or 
                offer compatible aftermarket parts; or
                    (E) a motor vehicle owner or the motor vehicle 
                owner's designee to diagnose, repair, and maintain a 
                motor vehicle in the same manner as any motor vehicle 
                manufacturer or motor vehicle dealer.
            (2) Requirement to provide motor vehicle data to owners.--A 
        motor vehicle manufacturer shall--
                    (A) effective on the date of enactment of this Act, 
                provide for motor vehicle owners or their designees, 
                without restrictions or limitations (including a fee, 
                license, or requiring use of a device mandated by the 
                motor vehicle manufacturer to decrypt vehicle-generated 
                data), to have access to vehicle-generated data;
                    (B) beginning not later than 1 year after 
                publication of the final rule issued under section 
                5(b), if the motor vehicle manufacturer utilizes 
                wireless technology or telematics systems to transmit 
                any vehicle-generated data, make available vehicle-
                generated data described in subparagraph (A) to the 
                motor vehicle owner and their designees, directly and 
                wirelessly from the vehicle through a standardized 
                access platform; and
                    (C) effective on the date of enactment of this Act, 
                make available to motor vehicle owners and their 
                designees, aftermarket parts manufacturers, aftermarket 
                parts remanufacturers, and motor vehicle repair 
                facilities, and their distributors and service 
                providers without restrictions or limitations, any 
                critical repair information and tools related to the 
                motor vehicles it manufactures at a fair, reasonable, 
                and nondiscriminatory cost.
            (3) Prohibition on certain mandates by motor vehicle 
        manufacturers related to repairs.--Outside of recall and 
        warranty repairs, a motor vehicle manufacturer shall not, 
        within repair or maintenance service procedures, 
        recommendations, service bulletins, repair manuals, position 
        statements, or other similar repair or maintenance guides that 
        are distributed to consumers or to professional repairers--
                    (A) mandate or imply a mandate to use any 
                particular brand or manufacturer of parts, tools, or 
                equipment; or
                    (B) recommend the use of any particular brand or 
                manufacturer of parts, tools, or equipment unless the 
                motor vehicle manufacturer provides a prominent notice 
                immediately following the recommendation, in the same 
                font as the recommendation and in a font size no 
                smaller than the font size used in the recommendation, 
                stating that: ``Vehicle owners can choose which repair 
                parts, tools, and equipment to purchase and should 
                carefully consider their options.''.
            (4) Cybersecurity.--Nothing in this section shall preclude 
        a manufacturer from employing cryptographic or technological 
        protections necessary to secure vehicle-generated data, safety 
        critical vehicle systems, and vehicles.
            (5) Prohibition on certain limitations.--The entity 
        managing access to vehicle-generated data transmitted by the 
        standardized access platform shall not limit the number or 
        types of persons which each motor vehicle owner may designate 
        as simultaneous designees under this subsection.
            (6) Notifications.--Each motor vehicle manufacturer shall 
        notify motor vehicle owners either via an on-vehicle screen or 
        through a mobile device that vehicle-generated data is being 
        accessed. Notifications shall specify whether each such access 
        by the motor vehicle owner, a designee of the motor vehicle 
        owner, or the motor vehicle manufacturer, includes the ability 
        to send an in-vehicle command or software update in order to 
        complete a repair.
            (7) Limitation.--A motor vehicle manufacturer, including 
        any affiliates of the motor vehicle manufacturer, and any 
        persons working on behalf of the motor vehicle manufacturer, 
        shall not be considered or treated as, or in the same way, as 
        the motor vehicle owner or as designees of the motor vehicle 
        owner for any purpose except for including them in 
        notifications of persistent access to vehicle-generated data.
    (b) Nullification of Attempts To Restrict Competition and Consumer 
Rights.--Any provision in a contract executed on or after the date of 
enactment of this Act by or on behalf of a motor vehicle manufacturer 
that purports to violate subsection (a) shall be null and void to the 
extent that it would allow the motor vehicle manufacturer to avoid its 
obligations under subsection (a).

SEC. 4. FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the Commission shall establish a ``Fair 
Competition After Vehicles Are Sold Advisory Committee'', hereafter 
referred to as the ``Advisory Committee''. The Chairman of the 
Commission (or the designee of the Chairman) shall serve as the 
chairman of the Advisory Committee.
    (b) Membership.--The Advisory Committee shall be composed of the 
following members:
            (1) The Director of the Bureau of Competition, or his or 
        her designee.
            (2) The Administrator of the National Highway Traffic 
        Safety Administration, or his or her designee.
            (3) Eleven individuals, appointed by the Chairman of the 
        Commission, from each of the following:
                    (A) Independent repair facilities.
                    (B) Motor vehicle parts retailers.
                    (C) Motor vehicle parts distributors.
                    (D) Original equipment parts manufacturers.
                    (E) Aftermarket parts manufacturers.
                    (F) Aftermarket tools manufacturers.
                    (G) Motor vehicle manufacturers.
                    (H) Vehicle dealership service centers.
                    (I) Consumer rights organizations.
                    (J) Automobile insurers.
                    (K) Trucking companies.
    (c) Function.--The Advisory Committee shall provide recommendations 
to the Commission on implementation of this Act and competition issues 
after motor vehicles are sold, including those facing the vehicle 
repair industry to include an assessment of existing and emerging 
barriers related to vehicle repair, as well as ensuring motor vehicle 
owners' control over their vehicle-generated data.
    (d) Duties.--In carrying out its function under subsection (c), the 
Advisory Committee shall--
            (1) foster industry collaboration in a clear and 
        transparent manner;
            (2) coordinate with and include participation by the 
        private sector, including representatives of--
                    (A) independent repair facilities;
                    (B) motor vehicle parts retailers;
                    (C) motor vehicle parts distributors;
                    (D) original equipment parts manufacturers;
                    (E) aftermarket parts manufacturers;
                    (F) aftermarket tools manufacturers;
                    (G) motor vehicle manufacturers;
                    (H) vehicle dealership service centers;
                    (I) consumer rights organizations;
                    (J) automobile insurers;
                    (K) members of the public; and
                    (L) other interested parties; and
            (3) assess existing and emerging barriers to competitive 
        vehicle repair.
    (e) Meetings.--The Advisory Committee shall meet at least three 
times per year at the call of the chairman.
    (f) Report.--On at least an annual basis, the Advisory Committee 
shall issue a report to the chairman on efforts by the industries 
represented within the Advisory Committee to implement this Act as well 
as an assessment of existing and emerging barriers to vehicle repair 
and motor vehicle owners' control over their vehicle-generated data, 
including whether additional types of data should be included in the 
definition of vehicle-generated data. The Commission shall provide a 
copy of each report to the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate within 30 days of receipt of each report.
    (g) Termination.--The Advisory Committee shall terminate upon an 
agreement of a majority of the membership. The Advisory Committee shall 
provide notice of its planned termination to the Committee on Energy 
and Commerce of the House of Representatives and the Committee on 
Commerce, Science, and Transportation of the Senate, not later than 30 
days prior to such termination and shall include a basis for the 
termination.

SEC. 5. RULEMAKING AND OTHER DIRECTIVES.

    (a) Security Standards for Access to Vehicle-Generated Data Through 
the Standardized Access Platform.--Not later than 1 year after the date 
of enactment of this Act, the National Highway Traffic Safety 
Administration, in consultation with the Commission, shall, by 
regulations issued under section 553 of title 5, United States Code, 
issue standards for access to data through the standardized access 
platform and establish guidance to ensure the security of vehicle-
generated data and vehicles as related to the access of vehicle-
generated data required pursuant to this Act.
    (b) Designation of Independent Entity To Administer Access to Data 
Through the Standardized Access Platform.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Commission, in consultation with the 
        National Highway Traffic Safety Administration, shall, by 
        regulations issued under section 553 of title 5, United States 
        Code, designate an independent entity not controlled by one or 
        more motor vehicle manufacturers to establish and administer 
        access to vehicle-generated data transmitted by standardized 
        access platforms.
            (2) Composition.--Such independent entity designated under 
        paragraph (1) shall consist of a cross-section of industry 
        stakeholders, including aftermarket part manufacturers, 
        telematics service providers, and motor vehicle manufacturers.
            (3) Responsibilities.--The responsibilities of such 
        independent entity shall include--
                    (A) managing cybersecure access of vehicle-
                generated data, including ensuring, on an ongoing 
                basis, that access to the platform is secure based on 
                all applicable international standards, including those 
                required by the National Highway Traffic Safety 
                Administration in the final regulations issued pursuant 
                to paragraph (1);
                    (B) managing legitimate data requests, data 
                standardization, and harmonization; and
                    (C) dispute resolution.
    (c) Informing Motor Vehicle Owners of Their Rights Under This 
Act.--Not later than 2 years after the date of enactment of this Act, 
the Commission, in consultation with the National Highway Traffic 
Safety Administration, shall issue final regulations under section 553 
of title 5, United States Code, to require motor vehicle manufacturers 
and motor vehicle dealers to inform motor vehicle owners of their 
rights under this Act at the point of purchase or lease of a motor 
vehicle.

SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
or a regulation issued under section 5 shall be treated as a violation 
of a regulation under section 18(a)(1)(B) of the Federal Trade 
Commission Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or deceptive 
acts or practices. The Commission shall enforce this section 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 a part of this Act.
    (b) Privileges and Immunities.--Any person who violates this Act 
shall be subject to the penalties and entitled to the privileges and 
immunities provided in the Federal Trade Commission Act.
    (c) Complaint Process.--
            (1) Filing.--Any person alleging any action taken or 
        refused to be taken by any motor vehicle manufacturer subject 
        to this Act, in violation of this Act may file a complaint with 
        the Commission briefly stating the facts of such complaint.
            (2) Notification to and response from motor vehicle 
        manufacturer.--Upon receiving a complaint under this 
        subsection, the Commission shall forward the complaint to the 
        motor vehicle manufacturer named in the complaint, and request 
        that such motor vehicle manufacturer answer such complaint in 
        writing within a reasonable time to be specified by the 
        Commission.
            (3) Further action.--If such motor vehicle manufacturer 
        within the time specified in paragraph (2) has ceased the 
        conduct that is the subject of the complaint and has otherwise 
        made reparation for any harm or injury alleged to have been 
        caused, the motor vehicle manufacturer shall be relieved of 
        liability to the complainant only for the particular violation 
        of law thus complained of. If such motor vehicle manufacturer 
        does not satisfy the complaint within the time specified or 
        there is any reasonable ground for investigating such 
        complaint, the Commission shall investigate the matters 
        complained of in such manner and by such means as it shall 
        consider proper. No complaint may at any time be dismissed 
        because of the absence of direct damage to the complaint.
            (4) Deadline for orders by the commission.--The Commission 
        shall, with respect to any investigation of complaint of a 
        violation of this Act or a regulation issued under section 5, 
        issue an order concluding such investigation within 5 months 
        after the date on which the complaint was filed. Any order 
        concluding an investigation under this paragraph shall be a 
        final order and may be appealed to the Federal district court 
        for the District of Columbia.

SEC. 7. DEFINITIONS.

    (a) Definitions.--In this Act, the following definitions apply:
            (1) Aftermarket part.--The term ``aftermarket part'' means 
        any part offered for sale or for installation in or on a motor 
        vehicle after such vehicle has left the vehicle manufacturer's 
        production line. Such term does not include any original 
        equipment or part manufactured for a motor vehicle 
        manufacturer.
            (2) Barrier.--The term ``barrier'' means a restriction that 
        prohibits, makes more difficult, or tends to make more 
        difficult, the ability of a person to exercise rights under 
        this Act.
            (3) Critical repair information and tools.--The term 
        ``critical repair information and tools'' means all necessary 
        technical and compatibility information, tools, equipment, 
        schematics, parts nomenclature and descriptions, parts 
        catalogs, repair procedures, training materials, software, and 
        technology, specifically including but not limited to 
        information related to diagnostics, repair, service, 
        calibration or recalibration of parts and systems to return a 
        vehicle to operational specifications.
            (4) Insurer.--The term ``insurer'' has the meaning given 
        that term under section 313(r) of title 31, United States Code.
            (5) Motor vehicle repair facility.--The term ``motor 
        vehicle repair facility'' means any person or business who, in 
        the ordinary course of its business, is engaged in the business 
        of diagnosis, service, maintenance, repair, or calibration of 
        motor vehicles or motor vehicle equipment.
            (6) Motor vehicle dealer.--The term ``motor vehicle 
        dealer'' means a dealer, as defined in section 30102(a) of 
        title 49, United States Code, which has an agreement with a 
        motor vehicle manufacturer related to the diagnostics, repair, 
        or service of a motor vehicle.
            (7) Motor vehicle manufacturer.--The term ``motor vehicle 
        manufacturer'' means an entity manufacturing a ``motor 
        vehicle'' as defined in section 30102(a) of title 49, United 
        States Code.
            (8) Motor vehicle.--The term ``motor vehicle'' has the 
        meaning given such term in section 30102(a) of title 49, United 
        States Code, and of the term ``motor vehicle trailer'' in 
        section 390 of title 49, Code of Federal Regulations.
            (9) Motor vehicle equipment.--The term ``motor vehicle 
        equipment'' has the meaning given such term in section 30102(a) 
        of title 49, United States Code.
            (10) Motor vehicle owner.--The term ``motor vehicle owner'' 
        means a person with a present possessive ownership right in a 
        motor vehicle or a lessee of a motor vehicle. It does not 
        include a motor vehicle manufacturer or a person operating on 
        behalf of a motor vehicle manufacturer, a motor vehicle 
        financing company, a motor vehicle dealer, or a motor vehicle 
        lessor.
            (11) Person.--The term ``person'' means an individual, 
        trust, estate, partnership, association, company, or 
        corporation.
            (12) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (13) Chairman.--The term ``Chairman'' means the Chairman of 
        the Federal Trade Commission.
            (14) Remanufacturer.--The term ``remanufacturer'' means a 
        person utilizing a standardized industrial process by which 
        previously sold, worn, or non-functional products are returned 
        to same-as-new, or better, condition and performance. The 
        process is in line with specific technical specifications, 
        including engineering, quality, and testing standards. The 
        process yields fully warranted products.
            (15) Service provider.--The term ``service provider'' means 
        any designee of a motor vehicle owner or motor vehicle repair 
        facility employed by the motor vehicle owner or motor vehicle 
        repair facility to assist with the diagnosis and repair of a 
        vehicle including wireless and remote technologies, or with any 
        other wireless and remote services comparable to those provided 
        by a vehicle manufacturer.
            (16) Specified legal barrier.--The term ``specified legal 
        barrier'' means--
                    (A) requesting a waiver of a motor vehicle owner's 
                right to use a repair facility of the consumer's choice 
                under this Act, requiring a waiver as a condition for 
                purchasing, leasing, operating, or obtaining warranty 
                repairs, or offering any compensation or other 
                incentive for such a waiver; or
                    (B) a barrier included within the definition of 
                ``specified legal barrier'' in regulations promulgated 
                by the Commission pursuant to subsection (b).
            (17) Standardized access platform.--The term ``standardized 
        access platform'' means a cybersecure authentication and 
        authorization system developed by a motor vehicle manufacturer, 
        for the motor vehicles it manufactures, that has the ability to 
        securely access and communicate vehicle generated data 
        emanating directly from a motor vehicle via direct local and 
        remote wireless data connections bidirectionally and in real 
        time.
            (18) Technological barrier.--The term ``technological 
        barrier'' means any technological restriction that prohibits, 
        makes more difficult, or tends to make more difficult, the 
        ability of a person to exercise rights under this Act. It 
        includes any such restriction specifically prohibited by 
        regulations promulgated by the Commission pursuant to 
        subsection (b).
            (19) Telematics system.--The term ``telematics system'' 
        means any system in a motor vehicle that collects information 
        generated by the operation of the vehicle and transmits such 
        information, utilizing wireless communications to a remote 
        receiving point where it is stored.
            (20) Vehicle-generated data.--The term ``vehicle-generated 
        data'' means any direct, real-time, in-vehicle data generated, 
        or generated and retained, by the operation of a motor vehicle 
        related to diagnostics, repair, service, wear, and calibration 
        or recalibration of parts and systems required to return a 
        vehicle to operational specifications in compliance with 
        Federal motor vehicle safety and emissions laws, regulations, 
        and standards, as well as any data related to the types of data 
        included within the definition of vehicle-generated data in 
        regulations promulgated by the Commission pursuant to 
        subsection (b).
    (b) Authority To Expand Certain Definitions.--
            (1) Regulations.--The Commission, in consultation with the 
        National Highway Traffic Safety Administration, may, by 
        regulation under section 553 of title 5, United States Code--
                    (A) expand the definition of specified legal 
                barrier under subsection (a)(16) to include barriers 
                to--
                            (i) motor vehicle repair; or
                            (ii) control by a motor vehicle owner of 
                        the motor vehicle owner's vehicle-generated 
                        data;
                    (B) include within the definition of technological 
                barrier under subsection (a)(18) specific prohibited 
                practices; or
                    (C) add additional types of data to the definition 
                of vehicle-generated data under subsection (a)(20), 
                regardless of whether those types of data are related 
                to motor vehicle repair, taking cybersecurity and 
                privacy into consideration, to allow consumers and 
                their designees to directly access additional types of 
                vehicle-generated data, and for additional purposes.
            (2) Review.--The Commission shall review its authority 
        under paragraph (1) not less frequently than every 3 years 
        after the date of enactment of this Act to consider whether it 
        is necessary to update such definitions under such authority to 
        ensure that the standardized access platform is effective for 
        motor vehicle owners and their designees. In conducting such 
        reviews, the Commission shall request comments from aftermarket 
        parts manufacturers, motor vehicle repair facilities, motor 
        vehicle manufacturers, consumer rights organizations, 
        automobile insurers, and others for the Commission to collect 
        information on new, emerging barriers and other issues relevant 
        to the Commission's determination of whether to updates such 
        definitions.

SEC. 8. REPORT TO CONGRESS.

    Not later than 2 years after the date of enactment of this Act, and 
every two years thereafter, the Commission shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes--
            (1) a summary of investigations conducted and orders issued 
        under section 6, including descriptions of unfair practices 
        relating to repair and data access restrictions, and a summary 
        of best practices from stakeholders;
            (2) actions the Commission is taking to adapt to changes 
        and advances in motor vehicle technology to maintain 
        competition in the motor vehicle aftermarket and to ensure 
        motor vehicle owners' control over their vehicle-generated 
        data; and
            (3) any recommendations by the Commission for legislation 
        that would improve the ability of the Commission and other 
        relevant Federal agencies to further protect consumers from 
        unfair acts limiting competition in motor vehicle repair and 
        strengthen their control over their vehicle-generated data.

SEC. 9. EFFECT ON STATE LAW.

    (a) In General.--Except as provided in subsection (b), this Act 
shall preempt State law only to the extent a State law imposes a duty 
on a manufacturer that is narrower than the duties described in this 
section.
    (b) Preemption.--Notwithstanding subsection (a), this Act shall 
preempt any State law mandating the use of any particular brand or 
manufacturer of parts, tools, or equipment for the purpose of 
maintaining, diagnosing, or repairing a motor vehicle.

SEC. 10. SEVERABILITY.

     If any provision of this Act is held to be invalid, the remainder 
of this Act shall not be affected thereby.
                                 &lt;all&gt;
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