,i #aahth ,,congress #ast ,session ,h4 ,r4 #ijf ,,in ,,the ,,house ,,of ,,representatives ,february #i1 #bjbc ,mr4 ,dunn of ,florida 7for himself1 ,mr4 ,boyle of ,pennsylvania1 ,mr4 ,davidson1 and ,ms4 ,perez7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce ,a ,,bill ,to ensure consumers have access to data relating to their motor vehicles1 critical repair information1 and tools1 and to provide them choices for the maintenance1 service1 and repair of their motor vehicles1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,right to ,equitable and ,professional ,auto ,industry ,repair ,act or the ,,repair ,act4 #b4 ,findings ,congress finds that-- 7#a7 as technology advances and vehicle systems become more advanced1 vehicle repair and maintenance will require access to extensive vehicle data1 software1 sophisticated replacement components1 training1 diagnostic tools1 and enhanced diagnostic repair services2 7#b7 consumers and their designees must have access to vehicle-generated data and aftermarket parts that are necessary to maintain consumer choice and competitive pricing2 7#c7 consumer choice1 consumer control1 motor vehicle cybersecurity1 and safety are all valid concerns and do not have to be mutually exclusive2 7#d7 vehicles generate increasingly massive amounts of data and the ,federal ,trade ,commission and the ,national ,highway ,traffic ,safety ,administration are uniquely positioned1 after considering consumers' privacy and cybersecurity needs1 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 technologies2 and 7#e7 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 maintenance1 service1 and repair1 allowing consumers and the industry to benefit from a system that fosters communication1 collaboration1 and innovation and promotes consumer choice4 #c4 ,maintaining competition after consumers purchase or lease their motor vehicles 7a7 ,in general 7#a7 ,prohibition on motor vehicle manufacturers withholding of data1 critical repair information1 and tools ,a motor vehicle manufacturer shall not employ any technological barrier or specified legal barrier that impairs the ability of-- 7,a7 a motor vehicle owner or the motor vehicle owner's designee to access vehicle-generated data pursuant to subparagraphs 7,a7 and 7,b7 of paragraph 7#b72 7,b7 a motor vehicle owner or the motor vehicle owner's designee1 or an aftermarket parts manufacturer1 a motor vehicle equipment manufacturer1 an aftermarket parts remanufacturer1 or a motor vehicle repair facility and their distributors and service providers to access critical repair information and tools pursuant to paragraph 7#b77;,c72 7,c7 a motor vehicle owner or the motor vehicle owner's designee to use a vehicle towing or service provider of their choice2 7,d7 an aftermarket parts manufacturer1 a motor vehicle equipment manufacturer1 an aftermarket parts remanufacturer1 or a motor vehicle repair facility and their distributors and service providers to produce or offer compatible aftermarket parts2 or 7,e7 a motor vehicle owner or the motor vehicle owner's designee to diagnose1 repair1 and maintain a motor vehicle in the same manner as any motor vehicle manufacturer or motor vehicle dealer4 7#b7 ,requirement to provide motor vehicle data to owners ,a motor vehicle manufacturer shall-- 7,a7 effective on the date of enactment of this ,act1 provide for motor vehicle owners or their designees1 without restrictions or limitations 7including a fee1 license1 or requiring use of a device mandated by the motor vehicle manufacturer to decrypt vehicle-generated data71 to have access to vehicle-generated data2 7,b7 beginning not later than #a year after publication of the final rule issued under section #e7;b71 if the motor vehicle manufacturer utilizes wireless technology or telematics systems to transmit any vehicle-generated data1 make available vehicle-generated data described in subparagraph 7,a7 to the motor vehicle owner and their designees1 directly and wirelessly from the vehicle through a standardized access platform2 and 7,c7 effective on the date of enactment of this ,act1 make available to motor vehicle owners and their designees1 aftermarket parts manufacturers1 aftermarket parts remanufacturers1 and motor vehicle repair facilities1 and their distributors and service providers without restrictions or limitations1 any critical repair information and tools related to the motor vehicles it manufactures at a fair1 reasonable1 and nondiscriminatory cost4 7#c7 ,prohibition on certain mandates by motor vehicle manufacturers related to repairs ,outside of recall and warranty repairs1 a motor vehicle manufacturer shall not1 within repair or maintenance service procedures1 recommendations1 service bulletins1 repair manuals1 position statements1 or other similar repair or maintenance guides that are distributed to consumers or to professional repairers-- 7,a7 mandate or imply a mandate to use any particular brand or manufacturer of parts1 tools1 or equipment2 or 7,b7 recommend the use of any particular brand or manufacturer of parts1 tools1 or equipment unless the motor vehicle manufacturer provides a prominent notice immediately following the recommendation1 in the same font as the recommendation and in a font size no smaller than the font size used in the recommendation1 stating that3 ,vehicle owners can choose which repair parts1 tools1 and equipment to purchase and should carefully consider their options44 7#d7 ,cybersecurity ,nothing in this section shall preclude a manufacturer from employing cryptographic or technological protections necessary to secure vehicle-generated data1 safety critical vehicle systems1 and vehicles4 7#e7 ,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 subsection4 7#f7 ,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 accessed4 ,notifications shall specify whether each such access by the motor vehicle owner1 a designee of the motor vehicle owner1 or the motor vehicle manufacturer1 includes the ability to send an in-vehicle command or software update in order to complete a repair4 7#g7 ,limitation ,a motor vehicle manufacturer1 including any affiliates of the motor vehicle manufacturer1 and any persons working on behalf of the motor vehicle manufacturer1 shall not be considered or treated as1 or in the same way1 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 data4 7b7 ,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 7a7 shall be null and void to the extent that it would allow the motor vehicle manufacturer to avoid its obligations under subsection 7a74 #d4 ,fair competition after vehicles are sold advisory committee 7a7 ,establishment ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall establish a ,fair ,competition ,after ,vehicles ,are ,sold ,advisory ,committee1 hereafter referred to as the ,advisory ,committee4 ,the ,chairman of the ,commission 7or the designee of the ,chairman7 shall serve as the chairman of the ,advisory ,committee4 7b7 ,membership ,the ,advisory ,committee shall be composed of the following members3 7#a7 ,the ,director of the ,bureau of ,competition1 or his or her designee4 7#b7 ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 or his or her designee4 7#c7 ,eleven individuals1 appointed by the ,chairman of the ,commission1 from each of the following3 7,a7 ,independent repair facilities4 7,b7 ,motor vehicle parts retailers4 7,c7 ,motor vehicle parts distributors4 7,d7 ,original equipment parts manufacturers4 7,e7 ,aftermarket parts manufacturers4 7,f7 ,aftermarket tools manufacturers4 7,g7 ,motor vehicle manufacturers4 7,h7 ,vehicle dealership service centers4 7,i7 ,consumer rights organizations4 7,j7 ,automobile insurers4 7,k7 ,trucking companies4 7c7 ,function ,the ,advisory ,committee shall provide recommendations to the ,commission on implementation of this ,act and competition issues after motor vehicles are sold1 including those facing the vehicle repair industry to include an assessment of existing and emerging barriers related to vehicle repair1 as well as ensuring motor vehicle owners' control over their vehicle-generated data4 7d7 ,duties ,in carrying out its function under subsection 7c71 the ,advisory ,committee shall-- 7#a7 foster industry collaboration in a clear and transparent manner2 7#b7 coordinate with and include participation by the private sector1 including representatives of-- 7,a7 independent repair facilities2 7,b7 motor vehicle parts retailers2 7,c7 motor vehicle parts distributors2 7,d7 original equipment parts manufacturers2 7,e7 aftermarket parts manufacturers2 7,f7 aftermarket tools manufacturers2 7,g7 motor vehicle manufacturers2 7,h7 vehicle dealership service centers2 7,i7 consumer rights organizations2 7,j7 automobile insurers2 7,k7 members of the public2 and 7,l7 other interested parties2 and 7#c7 assess existing and emerging barriers to competitive vehicle repair4 7e7 ,meetings ,the ,advisory ,committee shall meet at least three times per year at the call of the chairman4 7f7 ,report ,on at least an annual basis1 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 data1 including whether additional types of data should be included in the definition of vehicle-generated data4 ,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 ,commerce1 ,science1 and ,transportation of the ,senate within #cj days of receipt of each report4 7g7 ,termination ,the ,advisory ,committee shall terminate upon an agreement of a majority of the membership4 ,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 ,commerce1 ,science1 and ,transportation of the ,senate1 not later than #cj days prior to such termination and shall include a basis for the termination4 #e4 ,rulemaking and other directives 7a7 ,security standards for access to vehicle-,generated data through the standardized access platform ,not later than #a year after the date of enactment of this ,act1 the ,national ,highway ,traffic ,safety ,administration1 in consultation with the ,commission1 shall1 by regulations issued under section #eec of title #e1 ,united ,states ,code1 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 ,act4 7b7 ,designation of ,independent ,entity ,to administer access to data through the standardized access platform 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,national ,highway ,traffic ,safety ,administration1 shall1 by regulations issued under section #eec of title #e1 ,united ,states ,code1 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 platforms4 7#b7 ,composition ,such independent entity designated under paragraph 7#a7 shall consist of a cross-section of industry stakeholders1 including aftermarket part manufacturers1 telematics service providers1 and motor vehicle manufacturers4 7#c7 ,responsibilities ,the responsibilities of such independent entity shall include-- 7,a7 managing cybersecure access of vehicle-generated data1 including ensuring1 on an ongoing basis1 that access to the platform is secure based on all applicable international standards1 including those required by the ,national ,highway ,traffic ,safety ,administration in the final regulations issued pursuant to paragraph 7#a72 7,b7 managing legitimate data requests1 data standardization1 and harmonization2 and 7,c7 dispute resolution4 7c7 ,informing motor vehicle owners of their rights under this ,act ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in consultation with the ,national ,highway ,traffic ,safety ,administration1 shall issue final regulations under section #eec of title #e1 ,united ,states ,code1 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 vehicle4 #f4 ,enforcement by the ,federal ,trade ,commission 7a7 ,unfair or deceptive ,acts or ,practices ,a violation of this ,act or a regulation issued under section #e shall be treated as a violation of a regulation under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b77 regarding unfair or deceptive acts or practices4 ,the ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7b7 ,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 ,act4 7c7 ,complaint process 7#a7 ,filing ,any person alleging any action taken or refused to be taken by any motor vehicle manufacturer subject to this ,act1 in violation of this ,act may file a complaint with the ,commission briefly stating the facts of such complaint4 7#b7 ,notification to and response from motor vehicle manufacturer ,upon receiving a complaint under this subsection1 the ,commission shall forward the complaint to the motor vehicle manufacturer named in the complaint1 and request that such motor vehicle manufacturer answer such complaint in writing within a reasonable time to be specified by the ,commission4 7#c7 ,further action ,if such motor vehicle manufacturer within the time specified in paragraph 7#b7 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 caused1 the motor vehicle manufacturer shall be relieved of liability to the complainant only for the particular violation of law thus complained of4 ,if such motor vehicle manufacturer does not satisfy the complaint within the time specified or there is any reasonable ground for investigating such complaint1 the ,commission shall investigate the matters complained of in such manner and by such means as it shall consider proper4 ,no complaint may at any time be dismissed because of the absence of direct damage to the complaint4 7#d7 ,deadline for orders by the ,commission ,the ,commission shall1 with respect to any investigation of complaint of a violation of this ,act or a regulation issued under section #e1 issue an order concluding such investigation within #e months after the date on which the complaint was filed4 ,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 ,columbia4 #g4 ,definitions 7a7 ,definitions ,in this ,act1 the following definitions apply3 7#a7 ,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 line4 ,such term does not include any original equipment or part manufactured for a motor vehicle manufacturer4 7#b7 ,barrier ,the term barrier means a restriction that prohibits1 makes more difficult1 or tends to make more difficult1 the ability of a person to exercise rights under this ,act4 7#c7 ,critical repair information and tools ,the term critical repair information and tools means all necessary technical and compatibility information1 tools1 equipment1 schematics1 parts nomenclature and descriptions1 parts catalogs1 repair procedures1 training materials1 software1 and technology1 specifically including but not limited to information related to diagnostics1 repair1 service1 calibration or recalibration of parts and systems to return a vehicle to operational specifications4 7#d7 ,insurer ,the term insurer has the meaning given that term under section #cac7r7 of title #ca1 ,united ,states ,code4 7#e7 ,motor vehicle repair facility ,the term motor vehicle repair facility means any person or business who1 in the ordinary course of its business1 is engaged in the business of diagnosis1 service1 maintenance1 repair1 or calibration of motor vehicles or motor vehicle equipment4 7#f7 ,motor vehicle dealer ,the term motor vehicle dealer means a dealer1 as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code1 which has an agreement with a motor vehicle manufacturer related to the diagnostics1 repair1 or service of a motor vehicle4 7#g7 ,motor vehicle manufacturer ,the term motor vehicle manufacturer means an entity manufacturing a 8motor vehicle0 as defined in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#h7 ,motor vehicle ,the term motor vehicle has the meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code1 and of the term 8motor vehicle trailer0 in section #cij of title #di1 ,code of ,federal ,regulations4 7#i7 ,motor vehicle equipment ,the term motor vehicle equipment has the meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#aj7 ,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 vehicle4 ,it does not include a motor vehicle manufacturer or a person operating on behalf of a motor vehicle manufacturer1 a motor vehicle financing company1 a motor vehicle dealer1 or a motor vehicle lessor4 7#aa7 ,person ,the term person means an individual1 trust1 estate1 partnership1 association1 company1 or corporation4 7#ab7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#ac7 ,chairman ,the term 8,chairman0 means the ,chairman of the ,federal ,trade ,commission4 7#ad7 ,remanufacturer ,the term remanufacturer means a person utilizing a standardized industrial process by which previously sold1 worn1 or non-functional products are returned to same-as-new1 or better1 condition and performance4 ,the process is in line with specific technical specifications1 including engineering1 quality1 and testing standards4 ,the process yields fully warranted products4 7#ae7 ,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 technologies1 or with any other wireless and remote services comparable to those provided by a vehicle manufacturer4 7#af7 ,specified legal barrier ,the term specified legal barrier means-- 7,a7 requesting a waiver of a motor vehicle owner's right to use a repair facility of the consumer's choice under this ,act1 requiring a waiver as a condition for purchasing1 leasing1 operating1 or obtaining warranty repairs1 or offering any compensation or other incentive for such a waiver2 or 7,b7 a barrier included within the definition of specified legal barrier in regulations promulgated by the ,commission pursuant to subsection 7b74 7#ag7 ,standardized access platform ,the term standardized access platform means a cybersecure authentication and authorization system developed by a motor vehicle manufacturer1 for the motor vehicles it manufactures1 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 time4 7#ah7 ,technological barrier ,the term technological barrier means any technological restriction that prohibits1 makes more difficult1 or tends to make more difficult1 the ability of a person to exercise rights under this ,act4 ,it includes any such restriction specifically prohibited by regulations promulgated by the ,commission pursuant to subsection 7b74 7#ai7 ,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 information1 utilizing wireless communications to a remote receiving point where it is stored4 7#bj7 ,vehicle-generated data ,the term vehicle-generated data means any direct1 real-time1 in-vehicle data generated1 or generated and retained1 by the operation of a motor vehicle related to diagnostics1 repair1 service1 wear1 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 laws1 regulations1 and standards1 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 7b74 7b7 ,authority ,to expand certain definitions 7#a7 ,regulations ,the ,commission1 in consultation with the ,national ,highway ,traffic ,safety ,administration1 may1 by regulation under section #eec of title #e1 ,united ,states ,code-- 7,a7 expand the definition of specified legal barrier under subsection 7a77#af7 to include barriers to-- 7i7 motor vehicle repair2 or 7ii7 control by a motor vehicle owner of the motor vehicle owner's vehicle-generated data2 7,b7 include within the definition of technological barrier under subsection 7a77#ah7 specific prohibited practices2 or 7,c7 add additional types of data to the definition of vehicle-generated data under subsection 7a77#bj71 regardless of whether those types of data are related to motor vehicle repair1 taking cybersecurity and privacy into consideration1 to allow consumers and their designees to directly access additional types of vehicle-generated data1 and for additional purposes4 7#b7 ,review ,the ,commission shall review its authority under paragraph 7#a7 not less frequently than every #c 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 designees4 ,in conducting such reviews1 the ,commission shall request comments from aftermarket parts manufacturers1 motor vehicle repair facilities1 motor vehicle manufacturers1 consumer rights organizations1 automobile insurers1 and others for the ,commission to collect information on new1 emerging barriers and other issues relevant to the ,commission's determination of whether to updates such definitions4 #h4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and every two years thereafter1 the ,commission shall submit to the ,committee on ,energy and ,commerce of the ,house of ,representatives and the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate a report that includes-- 7#a7 a summary of investigations conducted and orders issued under section #f1 including descriptions of unfair practices relating to repair and data access restrictions1 and a summary of best practices from stakeholders2 7#b7 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 data2 and 7#c7 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 data4 #i4 ,effect on ,state law 7a7 ,in general ,except as provided in subsection 7b71 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 section4 7b7 ,preemption ,notwithstanding subsection 7a71 this ,act shall preempt any ,state law mandating the use of any particular brand or manufacturer of parts1 tools1 or equipment for the purpose of maintaining1 diagnosing1 or repairing a motor vehicle4 #aj4 ,severability ,if any provision of this ,act is held to be invalid1 the remainder of this ,act shall not be affected thereby4