I 
108TH 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 
JULY 15, 2003
Mr. BARTON of Texas (for himself, Mr. TOWNS, Mr. ACEVEDO-VILA´, Mr. 
AKIN, Mr. ANDREWS, Mr. BARTLETT of Maryland, Mr. BILIRAKIS, Ms. 
CORRINE BROWN of Florida, Ms. CARSON of Indiana, Mr. CLYBURN, Mr. 
DAVIS of Alabama, Mrs. JO ANN DAVIS of Virginia, Mr. DEAL of Geor-
gia, Mr. DEFAZIO, Ms. DEGETTE, Ms. ESHOO, Mr. FORD, Mr. FRANKS 
of Arizona, Mr. GERLACH, Mr. GOODLATTE, Mr. GRAVES, Mr. GREEN-
WOOD, Mr. HOLDEN, Mr. LATOURETTE, Ms. JACKSON-LEE of Texas, 
Mr. MANZULLO, Ms. MCCARTHY of Missouri, Mr. MCGOVERN, Mr. MEE-
HAN, Mr. GEORGE MILLER of California, Mr. MOORE, Mrs. MYRICK, Mr. 
NEAL of Massachusetts, Mr. OWENS, Mr. PAYNE, Mr. PETERSON of Min-
nesota, Mr. PETRI, Mr. PLATTS, Mr. PRICE of North Carolina, Mr. 
RUSH, Mr. SENSENBRENNER, Mr. SESSIONS, Mr. STENHOLM, Mr. 
TANCREDO, Mr. TANNER, Mr. THOMPSON of Mississippi, Mr. TOOMEY, 
Mr. WAMP, Mr. WAXMAN, Mr. WELDON of Florida, Mr. WEXLER, Mr. 
WILSON of South Carolina, Ms. WOOLSEY, and Mr. WYNN) 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 2003’’. 
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 
(2) other information of any kind used to diag-
nose, service, repair, activate, certify, or install any 
motor vehicle equipment (including replacement 
equipment) in a motor vehicle. 
(b) PROTECTION OF TRADE SECRETS.—
(1) DETERMINATION BY FEDERAL TRADE COM-
MISSION.—The Federal Trade Commission may not 
require a manufacturer to publicly disclose informa-
tion that, if made public, would divulge methods or 
processes entitled to protection as trade secrets of 
that manufacturer, but may require disclosure of 
such information to the Commission for the purpose 
of determining whether such information is entitled 
to such protection. Such determination shall be 
made on the record after an opportunity for an 
agency hearing. 
(2) PREVIOUSLY
DISCLOSED
INFORMATION.—
No such information may be withheld by a manufac-
turer if that information is provided (directly or in-
directly) to franchised dealers or other repair facili-
ties. 
SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE. 
The failure by a manufacturer to provide the infor-
mation required by section 3(a) constitutes an unfair 
method of competition and an unfair or deceptive act or 
practice in or affecting commerce (within the meaning of 
section 5(a)(1) of the Federal Trade Commission Act (15 
U.S.C. 45(a)(1))). Violation of a rule prescribed under 
section 6(a) constitutes violation of a rule defining an un-
fair 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)). 
SEC. 5. PRIVATE RIGHT OF ACTION. 
A vehicle owner or repair facility may bring a civil 
action to enjoin a violation of this Act and to recover the 
costs of litigation (including reasonable attorney and ex-
pert witness fees). Such an action may be brought in the 
district court of the United States for the district in which 
such owner resides or such repair facility does business, 
without regard to the amount in controversy or the citizen-
ship of the parties.
SEC. 6. RULEMAKING. 
(a) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Federal Trade Commis-
sion shall prescribe rules setting forth a uniform method 
by which a manufacturer shall provide the information re-
quired by section 3(a), including disclosure in writing, on 
the Internet, or in any other manner, or under such terms, 
as the Commission determines may be appropriate. Such 
rules shall take effect for vehicles manufactured after 
model year 1994. 
(b) LIMITATION.—The Federal Trade Commission 
may not prescribe rules that—
(1) interfere with the authority of the Adminis-
trator 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 emis-
sions control diagnostics systems; or 
(2) conflict with rules prescribed by such Ad-
ministrator under such section. 
SEC. 7. DEFINITIONS. 
In this Act: 
(1) The term ‘‘commerce’’ has the meaning 
given that term in section 4 of the Federal Trade 
Commission Act (15 U.S.C. 44). 
(2) The terms ‘‘manufacturer’’, ‘‘motor vehi-
cle’’, and ‘‘motor vehicle equipment’’ have the mean-
ings given those terms in section 30102(a) of title 
49, United States Code. 
(3) The term ‘‘vehicle owner’’ means any per-
son who owns, leases, or otherwise has the legal 
right to use and possess a motor vehicle, or the 
agent of such person. 
(4) The term ‘‘repair facility’’ means a person 
engaged in the repair, diagnosing, or servicing of 
motor vehicles or motor vehicle engines. 
(5) The term ‘‘replacement equipment’’ has the 
meaning given that term in section 30102(b)(1) of 
title 49, United States Code. 
(6) The term ‘‘model year’’ has the meaning 
given that term in section 32901(a) of title 49, 
United States Code.
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