,,ii #aaith ,,congress #ast ,session ,s4 #acgi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,april #i1 #bjbe ,mr4 ,lujn 7for himself and ,mr4 ,hawley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,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 the following3 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 services4 7#b7 ,consumers and their designees must have access to vehicle-generated data and alternative parts that are necessary to maintain consumer choice and competitive pricing4 7#c7 ,consumer choice1 consumer control1 motor vehicle cybersecurity1 and safety are all valid concerns and do not have to be mutually exclusive4 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 technologies4 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 ,definitions 7a7 ,definitions ,in this ,act3 7#a7 ,aftermarket part ,the term aftermarket part means a new part for a motor vehicle that-- 7,a7 is not original equipment and is sold or offered for sale to a motor vehicle manufacturer after the vehicle has left the motor vehicle manufacturer's production line2 or 7,b7 was manufactured for a person that is not the motor vehicle manufacturer4 7#b7 ,alternative part 7,a7 ,in general ,the term alternative part-- 7i7 means any part for a motor vehicle offered for sale or for installation in or on a motor vehicle1 or manufactured for sale to a motor vehicle manufacturer1 after such motor vehicle has left the motor vehicle manufacturer's production line2 and 7ii7 includes aftermarket parts1 recycled parts1 and remanufactured parts4 7,b7 ,exclusions ,the term alternative part shall not include any original equipment4 7#c7 ,authorized motor vehicle service provider ,the term authorized motor vehicle service provider means a person who has-- 7,a7 an arrangement with a motor vehicle manufacturer under which the motor vehicle manufacturer grants to the person a license to use a trade name1 service mark1 or other proprietary identifier for the purpose of offering the service of diagnosis1 maintenance1 or repair of a motor vehicle under the name of the motor vehicle manufacturer2 or 7,b7 any other arrangement with the motor vehicle manufacturer to offer such services on behalf of the motor vehicle manufacturer4 7#d7 ,barrier ,the term barrier means a technological or contractual restriction that prohibits or materially interferes with the ability of a motor vehicle repair facility or a service provider to return a vehicle to operational specifications1 including any action that prohibits or materially interferes with the process of pairing aftermarket parts or alternative parts with the vehicle4 7#e7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#f7 ,critical repair information1 tools1 and parts ,the term critical repair information1 tools1 and parts means all necessary technical and compatibility information1 tools1 and motor vehicle equipment made available by a motor vehicle manufacturer to a motor vehicle dealer or a motor vehicle repair facility1 or used by the motor vehicle manufacturer1 for the purpose of maintaining or repairing a motor vehicle1 wiring diagrams1 parts nomenclature and descriptions1 parts catalogs1 repair procedures1 training materials1 software1 and technology1 including information related to diagnostics1 repair1 service1 calibration1 or recalibration of parts and systems to return a vehicle to operational specifications4 7#g7 ,diagnostic tool manufacturer ,the term diagnostic tool manufacturer means a person who develops and manufactures any electronic tool 7or software for such tool7 that connects to a motor vehicle's computer or electronic control modules in order to download or access vehicle diagnostic trouble codes or reprogram the motor vehicle's computer or electronic control modules to return the motor vehicle to its original operating state4 7#h7 ,distributor ,the term distributor means a person that buys any motor vehicle equipment or diagnostic tool from a manufacturer and sells them to other businesses1 stores1 or customers4 7#i7 ,insurer ,the term insurer has the meaning given that term under section #cac7r7 of title #ca1 ,united ,states ,code1 as term applies to automobile insurance4 7#aj7 ,junk yard2 salvage yard ,the terms junk yard and salvage yard have the meanings given those terms in section #be4eb of title #bh1 ,code of ,federal ,regulations as in effect on ,september #a1 #bjba4 7#aa7 ,motor vehicle ,the term motor vehicle has the meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code1 and includes a motor vehicle trailer4 7#ab7 ,motor vehicle dealer ,the term motor vehicle dealer has the meaning given to the term dealer in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#ac7 ,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#ad7 ,motor vehicle manufacturer ,the term motor vehicle manufacturer has the meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#ae7 ,motor vehicle owner 7,a7 ,in general ,the term motor vehicle owner means-- 7i7 a person with a present possessive ownership right in a motor vehicle2 or 7ii7 a lessee of a motor vehicle4 7,b7 ,exclusions ,the term motor vehicle owner shall 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#af7 ,motor vehicle repair facility ,the term motor vehicle repair facility means any person who1 in its ordinary course of business1 is engaged in the business of diagnosis1 service1 maintenance1 repair1 or calibration of motor vehicles or motor vehicle equipment4 7#ag7 ,original equipment ,the term original equipment means motor vehicle equipment 7including a tire7 that1 as of the time of delivery to the first motor vehicle owner1 is installed in or on a motor vehicle4 7#ah7 ,person ,the term person means an individual1 trust1 estate1 partnership1 association1 company1 or corporation4 7#ai7 ,recycled part ,the term recycled part means any part offered for sale or for installation in or on a motor vehicle that was previously installed in or on a different motor vehicle4 7#bj7 ,remanufacturer ,the term remanufacturer means a person utilizing a standardized industrial process-- 7,a7 by which previously sold1 worn1 or non-functional products are returned to same-as-new1 or better1 condition and performance2 7,b7 that is in line with specific technical specifications1 including engineering1 quality1 and testing standards2 and 7,c7 that yields fully warranted products4 7#ba7 ,remanufactured part ,the term remanufactured part means a part for a motor vehicle produced by a remanufacturer4 7#bb7 ,service provider ,the term service provider means-- 7,a7 any motor vehicle repair facility 7or other designee7 who is employed by a motor vehicle owner to assist with the diagnosis and repair of a motor vehicle 7including wireless and remote technologies7 or with any other wireless and remote services comparable to those provided by a vehicle manufacturer2 7,b7 a motor vehicle dealer2 or 7,c7 an authorized motor vehicle service provider4 7#bc7 ,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 the information is stored4 7#bd7 ,vehicle-generated data ,the term vehicle-generated data means any in-vehicle data generated 7or generated and retained7 by the operation of a motor vehicle related to diagnostics1 prognostics1 repair1 service1 wear1 calibration1 or recalibration of parts or systems required to return a vehicle to operational specifications in compliance with ,federal motor vehicle safety and emissions laws1 regulations1 and standards4 7b7 ,authority ,to expand definitions ,the ,commission1 in consultation with the ,national ,highway ,traffic ,safety ,administration1 may promulgate regulations in accordance with section #eec of title #e1 ,united ,states ,code1 to expand the definitions under this section1 as determined necessary by the ,commission4 #d4 ,maintaining competition after consumers purchase or lease their motor vehicles 7a7 ,in general 7#a7 ,prohibition on restricting the ability of motor vehicle owners to use the repair parts and repair facilities of their choice ,beginning on the date that is #ahj days after the date of enactment of this ,act3 7,a7 ,use of barriers ,a motor vehicle manufacturer shall not employ any barrier that impairs the ability of-- 7i7 a motor vehicle owner 7or their designee7 to access vehicle-generated data2 7ii7 a motor vehicle owner 7or their designee71 an aftermarket parts manufacturer1 a motor vehicle equipment manufacturer1 a remanufacturer1 a diagnostic tool manufacturer1 or a motor vehicle repair facility 7including their distributors and service providers71 to access critical repair information1 tools1 and parts2 7iii7 a motor vehicle owner 7or their designee7 to use a vehicle towing or service provider of their choice2 7iv7 an aftermarket parts manufacturer1 a motor vehicle equipment manufacturer1 a remanufacturer1 a junk yard1 a salvage yard1 or a motor vehicle repair facility 7including their distributors and service providers7 to produce or offer compatible alternative parts2 7v7 a motor vehicle owner 7or their designee7 to install and use compatible alternative parts in or on a motor vehicle to repair or maintain the motor vehicle2 or 7vi7 a motor vehicle owner 7or their designee7 to diagnose1 repair1 or maintain a motor vehicle4 7,b7 ,software updates ,subject to paragraph 7#e71 a motor vehicle manufacturer shall not intentionally implement1 while addressing driver and operational safety1 any software update to a motor vehicle with the specific intent of rendering any compatible alternative part or aftermarket part inoperable1 in whole or in part1 except as required by an order issued by the ,national ,highway ,traffic ,safety ,administration4 7#b7 ,requirement to provide vehicle-generated data to motor vehicle owners and their designees ,beginning on the date that is #ahj days after the date of enactment of this ,act1 a motor vehicle manufacturer shall-- 7,a7 provide to a motor vehicle owner 7or their designee71 without restriction or limitation1 access to vehicle-generated data1 including vehicle-generated data made available through the motor vehicle's interface ports2 and 7,b7 to the extent the motor vehicle is equipped for wireless transmission of vehicle-generated data over wireless technology via any telematics system1 provide to a motor vehicle owner 7or their designee7 access to their vehicle-generated data-- 7i7 at a fair1 reasonable1 and nondiscriminatory cost in or at the same manner1 sequence1 and method as any motor vehicle manufacturer1 affiliate of a motor vehicle manufacturer1 motor vehicle dealer1 authorized motor vehicle service provider1 or any other third party to which a motor vehicle manufacturer gives vehicle-generated data has access to such data2 and 7ii7 in a manner that is subject to the same cryptographic or technological protections as any motor vehicle manufacturer1 affiliate of a motor vehicle manufacturer1 motor vehicle dealer1 authorized motor vehicle service provider1 or any other third party to whom the motor vehicle manufacturer provides such data4 7#c7 ,requirement to make critical repair information1 tools1 and parts available for purchase by motor vehicle owners1 designees of motor vehicle owners1 and members of the repair industry ,beginning on the date that is #ahj days after the date of enactment of this ,act1 a motor vehicle manufacturer shall make available to motor vehicle owners 7and their designees71 aftermarket parts manufacturers1 remanufacturers1 diagnostic tool manufacturers1 and motor vehicle repair facilities 7including their distributors and service providers71 without restrictions or limitations1 any critical repair information1 tools1 and parts related to the motor vehicles it manufactures at a fair1 reasonable1 and non-discriminatory cost4 7#d7 ,prohibition on certain mandates by motor vehicle manufacturers related to repairs 7,a7 ,in general ,subject to subparagraph 7,b71 a motor vehicle manufacturer shall not1 within any repair or maintenance service procedure1 recommendation1 service bulletin1 repair manual1 position statement1 software1 firmware1 other electronic system1 or other similar repair or maintenance guide that is distributed to consumers or to professional repairers-- 7i7 mandate the use of any particular brand or manufacturer of tools1 parts1 or other motor vehicle equipment2 7ii7 prohibit the use of alternative parts to repair or maintain a motor vehicle2 or 7iii7 recommend the use of any particular brand or manufacturer of tools1 parts1 or other motor vehicle 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 tools1 parts1 and other motor vehicle equipment to purchase and should carefully consider their options among different brands and manufacturers44 7,b7 ,exception ,the prohibition described in subparagraph 7,a7 shall not apply to a recall1 warranty repair1 or voluntary repair campaign4 7#e7 ,cybersecurity ,nothing in this section shall preclude a motor vehicle manufacturer from employing cryptographic or technological protections necessary to secure vehicle-generated data1 safety critical vehicle systems1 and vehicles1 provided that such protections comply with the requirements described in paragraphs 7#a7 and 7#b74 7#f7 ,designee prohibitions ,a motor vehicle manufacturer-- 7,a7 shall not limit the number or type of persons that a motor vehicle owner may designate as simultaneous designees2 and 7,b7 shall ensure that a motor vehicle owner has the ability to revoke the designation of a person as a designee in the same manner as the motor vehicle owner designated such person as a designee4 7#g7 ,required notification ,each motor vehicle manufacturer shall provide a notification1 using an on-vehicle screen or through a mobile device1 to a motor vehicle owner when the vehicle-generated data of the owner is being accessed by any designee of the owner4 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 7c7 ,proprietary interfaces ,nothing in this section shall be construed-- 7#a7 to require a motor vehicle dealer to use a non-proprietary vehicle interface2 or 7#b7 to prohibit a motor vehicle manufacturer from developing a proprietary vehicle diagnostic and reprogramming device1 provided that the motor vehicle manufacturer-- 7,a7 otherwise complies with the requirements of this section2 and 7,b7 makes any such proprietary device available to all motor vehicle repair facilities and parts and tool manufacturers upon fair and reasonable terms4 #e4 ,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 ,committee 7in this section referred to as the ,advisory ,committee7 to provide recommendations to the ,commission regarding the implementation of this ,act and best practices to eliminate any barriers to competition in the motor vehicle repair industry1 including an assessment of such existing and emerging barriers1 as well as ensuring motor vehicle owners' control over their vehicle-generated data4 7b7 ,membership 7#a7 ,in general ,the ,advisory ,committee shall be composed of the following members3 7,a7 ,the ,director of the ,bureau of ,competition4 7,b7 ,the ,administrator of the ,national ,highway ,traffic ,safety ,administration4 7,c7 ,eleven individuals1 appointed by the ,chair of the ,commission1 from each of the following3 7i7 ,independent repair facilities4 7ii7 ,motor vehicle parts retailers4 7iii7 ,motor vehicle parts distributors4 7iv7 ,original equipment parts manufacturers4 7v7 ,aftermarket parts manufacturers4 7vi7 ,diagnostic tool manufacturers4 7vii7 ,motor vehicle manufacturers4 7viii7 ,vehicle dealership service centers4 7ix7 ,consumer rights organizations4 7x7 ,automobile insurers4 7xi7 ,trucking companies4 7#b7 ,chair ,the ,chair of the ,commission shall serve as the ,chair of the ,advisory ,committee4 7c7 ,duties ,the ,advisory ,committee shall-- 7#a7 provide recommendations to the ,commission regarding fostering industry collaboration in a clear and transparent manner2 7#b7 coordinate with and include participation by the private sector 7including each industry described in subsection 7b77#a77;,c771 members of the public1 and other interested parties2 and 7#c7 assess existing and emerging barriers to competitive motor vehicle repair4 7d7 ,meetings ,the ,advisory ,committee shall meet at least #c times per year at the call of the ,chair4 7e7 ,reports 7#a7 ,report to the ,chair ,not later than #ahj days after the first meeting of the ,advisory ,committee1 and annually thereafter1 the ,advisory ,committee shall submit to the ,chair a report on efforts by each industry described in subsection 7b77#a77;,c7 to implement this ,act1 as well as an assessment of any existing and emerging barriers to motor vehicle repair and motor vehicle owners' control over their vehicle-generated data4 7#b7 ,report to ,congress ,not later than #cj days after receiving a report under paragraph 7#a71 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 copy of such report1 together with recommendations for such legislative or administrative action as the ,commission determines appropriate4 7f7 ,termination ,the ,advisory ,committee shall terminate upon an agreement of a majority of the membership1 but in no case earlier than #a year after the first meeting of the ,advisory ,committee4 ,the ,advisory ,committee shall provide notice of its planned termination to ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives1 not later than #cj days prior to such termination and shall include a basis for the termination4 #f4 ,rulemaking 7a7 ,security standards for access to vehicle-,generated data ,not later than #a year after the date of enactment of this ,act1 the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 in consultation with the ,national ,institute of ,standards and ,technology1 shall promulgate regulations in accordance with section #eec of title #e1 ,united ,states ,code1 to establish-- 7#a7 standards for consumer access to vehicle-generated data in accordance with section #d7;a77#b72 and 7#b7 procedures to ensure the security of vehicle-generated data and motor vehicles as related to the access of vehicle-generated data required under this ,act4 7b7 ,consumer notification ,not later than #b years after the date of enactment of this ,act1 the ,commission1 in coordination with the ,administrator of the ,national ,highway ,traffic ,safety ,administration1 shall promulgate regulations in accordance with 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 #g4 ,enforcement by the ,commission 7a7 ,unfair or deceptive acts or practices ,a violation of section #d7;a7 or a regulation promulgated under this ,act shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,the ,commission shall enforce this ,act 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 7#b7 ,privileges and immunities ,any person who violates this ,act or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 7#d7 ,rulemaking ,the ,commission shall promulgate in accordance with section #eec of title #e1 ,united ,states ,code1 such rules as may be necessary to carry out this ,act4 #h4 ,consumer complaints 7a7 ,in general ,not later than #ij days after the date of enactment of this ,act1 the ,commission shall establish a mechanism to receive complaints regarding alleged violations of this ,act by a motor vehicle manufacturer4 7b7 ,notification to and response from a motor vehicle manufacturer ,upon receiving a complaint though the mechanism established under subsection 7a71 the ,commission shall forward the complaint to the motor vehicle manufacturer named in the complaint1 and request that such motor vehicle manufacturer answer the complaint in writing within a reasonable time1 as specified by the ,commission1 but in no case shall such time period exceed #cj days from the motor vehicle manufacturer's receipt of the complaint4 7c7 ,investigation by the ,commission 7#a7 ,in general ,if the motor vehicle manufacturer does not answer within the time period specified by the ,commission under subsection 7b71 the ,commission shall investigate the matters complained of in such manner and by such means as the ,commission shall consider proper4 7#b7 ,special rule ,in investigating a complaint under this section1 the ,commission may not dismiss such complaint due to the absence of direct damage to the person submitting such complaint4 7#c7 ,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 promulgated thereunder1 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 ,united ,states ,district ,court for the ,district of ,columbia4 #i4 ,report to ,congress ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report that includes-- 7#a7 a summary of investigations conducted and orders issued under section #h1 including-- 7,a7 a description of any unfair practice relating to repair and data access restrictions2 and 7,b7 a summary of best practices from stakeholders2 and 7#b7 a description of any action the ,commission is taking to-- 7,a7 adapt to changes and advances in motor vehicle technology to maintain competition in the motor vehicle aftermarket2 and 7,b7 ensure motor vehicle owners' control over their vehicle-generated data4 #aj4 ,relationship with other laws 7a7 ,preemption of other ,state laws ,no ,state or political subdivision of a ,state may adopt1 maintain1 enforce1 impose1 or continue in effect a law1 regulation1 rule1 standard1 prohibition1 requirement1 or other provision having the force and effect of law that is covered by the provisions of this ,act1 or a rule1 regulation1 or requirement promulgated under this ,act4 7b7 ,field preemption ,this ,act shall preempt any ,state law1 rule1 or regulation that mandates the use of any particular brand or manufacturer of tools1 parts1 or other motor vehicle equipment1 or prohibits the use of any aftermarket parts1 recycled parts1 or remanufactured parts solely on the basis of such parts being aftermarket parts1 recycled parts1 or remanufactured parts1 for the purpose of maintaining1 diagnosing1 or repairing a motor vehicle4 #aa4 ,severability ,if any provision of this ,act1 or the application thereof to any person or circumstance1 is held invalid1 the remainder of this ,act1 and the application of such provision to other persons not similarly situated or to other circumstances1 shall not be affected by the invalidation4