I
107TH CONGRESS
1ST SESSION
H. R. 2735
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 HOUSE OF REPRESENTATIVES
AUGUST 2, 2001
Mr. BARTON of Texas (for himself, Mr. TOWNS, Mr. BRYANT, Mr. BLUNT,
and Mr. CONDIT) introduced the following bill; which was referred to the
Committee on Energy and Commerce
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.
Be it enacted by the Senate and House of Representa-
tives 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 2001’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds the following:
(1) The ability to diagnose, service, and repair
a motor vehicle in a timely, reliable, and affordable
manner is essential to the safety and well-being of
automotive consumers in the United States.
(2) Consumers are entitled to choose among
competing repair facilities for the convenient, reli-
able, and affordable repair of their motor vehicles.
(3) Increased competition among repair facili-
ties will benefit vehicle owners in the United States.
(4) Computers of various kinds are increasingly
being used in motor vehicle systems, such as pollu-
tion control, transmission, antilock brakes, electronic
and mechanical systems, heating and air-condi-
tioning, sound, and steering.
(5) The diagnosis, service, and repair of these
vehicle systems are essential to the safety and prop-
er operation of modern motor vehicles.
(6) In many instances, access codes prevent
owners from making, or having made, the necessary
diagnosis, service, and repair of their motor vehicles
in a timely, convenient, reliable, and affordable man-
ner.
(7) Consumers in the United States have bene-
fited from the availability of an aftermarket parts
supply, or parts and accessories used in the repair,
maintenance, or enhancement of a motor vehicle.
The American economy has also benefitted from the
availability of an aftermarket parts supply that pro-
vides jobs to over 5 million workers in 495,000 busi-
nesses, and generates $200 billion in annual sales.
(8) Vehicle owners in the United States should
have the right—
(A) to all information necessary to allow
the diagnosis, service, and repair of their vehi-
cles;
(B) to choose between original parts and
aftermarket parts when repairing their motor
vehicles; and
(C) to make, or have made, repairs nec-
essary to keep their vehicles in reasonably good
and serviceable condition during the expected
vehicle life.
(9) The restriction of vehicle repair information
limits who can repair motor vehicles and what parts
may be used to repair those vehicles, which limits
consumer choice and thus limits competition.
(10) The Congress has provided the Federal
Trade Commission with broad authority to make
and enforce rules to foster competition, to prevent
unfair methods of competition in commerce, and to
protect consumers.
(b) PURPOSES.—The purposes of this Act are the fol-
lowing:
(1) To require the Federal Trade Commission
to prescribe and enforce rules necessary to ensure
the right of a motor vehicle owner to obtain all in-
formation required for the diagnosis, service, and re-
pair of the motor vehicle.
(2) To ensure the safety of all vehicle owners
by requiring disclosure of all information necessary
for the proper diagnosis, service, and repair of a ve-
hicle in a timely, affordable, and reliable manner.
(3) To encourage competition in the diagnosis,
service, and repair of motor vehicles.
SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.
(a) DUTY TO DISCLOSE.—In accordance with rules
prescribed by the Federal Trade Commission under sec-
tion 7, the manufacturer of a motor vehicle sold or intro-
duced into commerce in the United States shall promptly
provide to the vehicle owner, to a repair facility of the ve-
hicle, and to the Commission for use by any such vehicle
owner or repair facility, the information necessary to diag-
nose, service, or repair the vehicle. Such information shall
include—
(1) information necessary to integrate replace-
ment equipment into the vehicle; and