HR1566-119

1. Short title This Act may be cited as the Right to Equitable and Professional Auto Industry Repair Act or the REPAIR Act.

2. Maintaining competition and data privacy after consumers purchase motor vehicles A motor vehicle manufacturer may not employ any technological barrier or specified legal barrier that impairs the ability of— a motor vehicle owner (or a designee of a motor vehicle owner) to access vehicle-generated data pursuant to paragraph (2); a motor vehicle owner (or a designee of a motor vehicle owner), an aftermarket parts manufacturer, a diagnostic tool manufacturer, a manufacturer of motor vehicle equipment, an aftermarket parts remanufacturer, or a motor vehicle repair facility (or a distributor or service provider of a motor vehicle repair facility) to access critical repair information and tools; a motor vehicle owner (or a designee of a motor vehicle owner) to use a motor vehicle towing or service provider chosen by such owner (or such designee); an aftermarket parts manufacturer, a motor vehicle equipment manufacturer, an aftermarket parts remanufacturer, or a motor vehicle repair facility (or a distributor or service provider of a motor vehicle repair facility) to produce or offer compatible aftermarket parts; or a motor vehicle owner (or a designee of a motor vehicle owner) to diagnose, repair, and maintain a motor vehicle in the same manner as any motor vehicle manufacturer or motor vehicle dealer. A motor vehicle manufacturer shall— provide for a motor vehicle owner (or a designee of a motor vehicle owner), without restriction or limitation, in or at the same manner, time, method, cost (less discounts and rebates), data content set, and subject to the same cryptographic or technological protections as any motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to whom such manufacturer provides vehicle-generated data, to have access to vehicle-generated data— through and including the interface ports of the motor vehicle (including OBD port and J–1939); and to the extent such vehicle is equipped for wireless transmission of such data, over wireless technology via any telematics system; and make available to motor vehicle owners (or designees of motor vehicle owners), aftermarket parts manufacturers, aftermarket parts remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (and the distributors and service providers of such facilities) without restriction or limitation, in or at the same manner, time, method, cost (less discounts and rebates), data content set, and subject to the same cryptographic or technological protections, as any motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to whom such manufacturer provides vehicle-generated data, any critical repair information and tools related to the motor vehicles such manufacturer manufactures. Except for recall and warranty repairs, 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 motor vehicle manufacturer may not— mandate or imply a mandate to use any particular brand or manufacturer of parts, tools, or motor vehicle equipment; or recommend the use of any particular brand or manufacturer of parts, tools, or motor vehicle equipment without 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 motor vehicle equipment to purchase and should carefully consider their options.. Motor vehicle manufacturers may not limit the number or types of persons who a motor vehicle owner may designate as simultaneous designees under this subsection. A motor vehicle manufacturer, including any affiliate of such manufacturer and any person working on behalf of such manufacturer, may not be considered or treated in the same way as the motor vehicle owner (or a designee of the motor vehicle owner) for any purpose, except for inclusion in notifications of persistent access to vehicle-generated data. Nothing in this Act may be construed to— limit or expand any law or right relating to intellectual property; require a motor vehicle manufacturer to divulge any trade secret (as defined in section 1839 of title 18, United States Code) that is not made available to motor vehicle owners (or designees of motor vehicle owners), aftermarket parts manufacturers, aftermarket parts remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (and the distributors and service providers of such facilities) pursuant to paragraph (2)(B); or preclude a motor vehicle manufacturer from employing cryptographic or technological protections necessary to secure vehicle-generated data, safety critical vehicle systems, and motor vehicles. A motor vehicle owner may revoke the designation of a designee of such owner in the same manner that such designee is designated and without any unreasonable or deceptive burden or barrier on such owner. Except as provided in subparagraph (D), a person who accesses vehicle-generated data shall delete such data not later than 72 hours after the relevant motor vehicle owner requests (digitally or in writing) the person to do so, with the exception of such data that is necessary to retain for motor vehicle maintenance record-keeping, accounting, and safety purposes. Except as provided in subparagraph (D), a person who accesses or stores vehicle-generated data— may not use such data for any purpose unrelated to the diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle as such services are requested by the motor vehicle owner; and may not sell, license, or transfer such data to any other person, except as requested or consented to by the motor vehicle owner for the purpose of diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle. Notwithstanding subparagraphs (B) and (C), a manufacturer of motor vehicles, parts, or tools may use and retain vehicle-generated data in a de-identified form for purposes of research and development related to the manufacture or service of such motor vehicles, parts, or tools. In this paragraph, the term data in a de-identified form means information that does not identify and is not linked or reasonably linkable to a distinct individual or motor vehicle, regardless of whether the information is aggregated, and with respect to which the manufacturer of the motor vehicle, parts, or tools— takes reasonable technical measures to ensure that the information cannot, at any point, be used to re-identify an individual or device that identifies or is linked or reasonably linkable to an individual; publicly commits in a clear and conspicuous manner— to process and transfer the information solely in a de-identified form without any reasonable means for re-identification; and to not attempt to re-identify the information with any individual or any device that identifies or is linked or reasonably linkable to an individual; and contractually obligates any person or entity who receives the information from such manufacturer— to comply with each provision of this clause with respect to the information; and to require that such obligation is included contractually in any subsequent instance in which the information may be received by such person or entity. Any provision in a contract executed on or after the date of the 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 such provision would allow the motor vehicle manufacturer to avoid the prohibitions and requirements described in subsection (a).

3. Fair Competition After Vehicles Are Sold Advisory Committee Not later than 90 days after the date of the enactment of this Act, the Commission shall establish an advisory committee to be known as the Fair Competition After Vehicles Are Sold Advisory Committee (in this section referred to as the Advisory Committee). The Chair of the Commission (or a designee of the Chair) shall serve as the head of the Advisory Committee. The Advisory Committee shall be composed of the following members: The Director of the Bureau of Competition (or a designee of the Director). The Administrator of the National Highway Traffic Safety Administration (or a designee of the Administrator). 11 individuals, appointed by the Chair of the Commission, to be comprised of 1 individual from each of the following: Independent motor vehicle repair facilities. Motor vehicle parts retailers. Motor vehicle parts distributors. Original motor vehicle equipment parts manufacturers. Aftermarket parts manufacturers. Aftermarket tools manufacturers. Motor vehicle manufacturers. Motor vehicle dealership service centers. Consumer rights organizations. Automobile insurers. Trucking companies. The Advisory Committee shall provide recommendations to the Commission on— the implementation of this Act; competition issues after motor vehicles are sold, including such issues facing the motor vehicle repair industry (especially existing and emerging barriers related to motor vehicle repair); and how to ensure motor vehicle owners maintain control over the vehicle-generated data of the motor vehicles of such owners. In carrying out the function described in subsection (c), the Advisory Committee shall— foster industry collaboration in a clear and transparent manner; coordinate with and include participation by the private sector, including representatives of— independent motor vehicle repair facilities; motor vehicle parts retailers; motor vehicle parts distributors; original motor vehicle equipment parts manufacturers; aftermarket parts manufacturers; aftermarket tools manufacturers; motor vehicle manufacturers; motor vehicle dealership service centers; consumer rights organizations; automobile insurers; trucking companies; members of the public; and other interested parties; and assess existing and emerging barriers to competitive motor vehicle repair. The Advisory Committee shall meet not fewer than 3 times per year at the call of the head. On at least an annual basis, the Advisory Committee shall issue a report to the Commission that includes— a description of efforts by the industries represented within the Advisory Committee to comply with this Act; and an assessment of existing and emerging barriers to motor vehicle repair and control of motor vehicle owners over the vehicle-generated data of the motor vehicles of such owners, including whether additional types of data should be included in the definition of vehicle-generated data. Not later than 30 days after the date on which the Commission receives a report issued pursuant to paragraph (1), the Commission shall submit a copy of the report to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate. The Advisory Committee shall terminate upon an agreement of a majority of the membership. Not later than 30 days prior to the date on which the Advisory Committee terminates, the Advisory Committee shall provide notice of and a basis for the termination to the Committee on Energy and Commerce of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.

4. Rulemaking Not later than 180 days after the date of the enactment of this Act, the National Highway Traffic Safety Administration, in consultation with the Commission, shall promulgate, under section 553 of title 5, United States Code, regulations to require motor vehicle manufacturers and motor vehicle dealers to inform motor vehicle owners about the rights of such owners under this Act at the point of purchase of a motor vehicle.

5. Enforcement by Federal Trade Commission A violation of this Act or a regulation promulgated under this Act 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 Act and any regulation promulgated under this Act 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, and any person who violates this Act or a regulation promulgated under this Act shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. Any person alleging any action taken or refused to be taken by any party subject to this Act in violation of this Act may file a complaint with the Commission briefly stating the facts of such allegation. Upon receiving a complaint filed pursuant to paragraph (1), the Commission shall forward the complaint to the party named in the complaint and request that such party answer such complaint in writing within a reasonable time determined by the Commission. If the party named in the complaint ceases the conduct alleged in such complaint and otherwise makes reparation for any harm or injury alleged to have been caused within the time determined pursuant to paragraph (2), the party shall be relieved of liability to the complainant only for such allegation. If the party named in the complaint does not satisfy the complaint as described in subparagraph (A) within the time determined pursuant to paragraph (2) or if there is any reasonable ground for continuing to investigate such complaint, the Commission shall investigate the allegation described in such complaint in such manner and by such means as the Commission determines proper. A complaint may not be dismissed because of the absence of direct damage to the complainant. The Commission, with respect to any investigation of a complaint filed pursuant to paragraph (1), shall issue an order concluding such investigation not later 5 months after the date on which the complaint was filed. Any order concluding an investigation pursuant to subparagraph (A) shall be a final order and may be appealed to the United States District Court for the District Court of Columbia.

6. Definitions In this Act: 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 production line of the motor vehicle manufacturer. Such term does not include any original motor vehicle equipment or part manufactured for a motor vehicle manufacturer. The term agency has the meaning given that term in section 551 of title 5, United States Code. The term authorized motor vehicle service provider means a person who— has an arrangement with a motor vehicle manufacturer under which the motor vehicle manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purpose of offering the service of diagnosis, maintenance, or repair of a motor vehicle under the name of the motor vehicle manufacturer; or has another arrangement with the motor vehicle manufacturer to offer such services on behalf of the motor vehicle manufacturer. The term automated driving system means the hardware and software that collectively are capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware and software are limited to a specific operational design domain. Such term includes motor vehicles designed to be operated exclusively by a Level 4 or 5 automated driving system (as defined by the SAE International standard J3016, published on April 30, 2021, or subsequently adopted by the Secretary) for all trips. Such term does not include motor vehicle components not specifically and solely related to a dynamic driving task. 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. The term Chair means the Chair of the Commission. The term Commission means the Federal Trade Commission. The term critical repair information and tools means all of the technical and compatibility information, tools, equipment, wiring diagrams, parts nomenclature and descriptions, parts catalogs, repair procedures, training materials, software, and technology, including information related to diagnostics, repair, service, and calibration or recalibration of parts and systems, necessary to return a motor vehicle to operational specifications. The term dynamic driving task means all of the real-time operational and tactical functions required to operate a motor vehicle in on-road traffic. Such term does not include strategic functions, such as the scheduling of trips and the selection of destinations and waypoints. The term insurer has the meaning given that term in section 313(r) of title 31, United States Code. The term motor vehicle has the meaning— given that term in section 30102(a) of title 49, United States Code; and given the term trailer in section 390 of title 49, Code of Federal Regulations. Such term does not include a vehicle equipped with an automated driving system. The term motor vehicle dealer means a dealer (as defined in section 30102(a) of title 49, United States Code) who has an agreement with a motor vehicle manufacturer related to the diagnostics, repair, or service of a motor vehicle. The term motor vehicle equipment has the meaning given that term in section 30102(a) of title 49, United States Code. The term motor vehicle manufacturer means an entity that manufactures a motor vehicle (as defined in section 30102(a) of title 49, United States Code). The term motor vehicle owner means a person with a present possessive ownership right in a motor vehicle. Such term 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. The term motor vehicle repair facility means any person who, in the ordinary course of business, is engaged in the business of diagnosis, service, maintenance, repair, or calibration or recalibration of motor vehicles or motor vehicle equipment. The term person means an individual, trust, estate, partnership, association, company, or corporation. The term remanufacturer means a person who uses a standardized industrial process by which previously sold, worn, or non-functional products are returned to same-as-new (or better) condition and performance in a process that is in line with specific technical specifications (including engineering, quality, and testing standards) and yields fully warranted products. The term service provider means any designee of a motor vehicle owner or motor vehicle repair facility employed by such motor vehicle owner or motor vehicle repair facility to assist with the diagnosis and repair of a motor vehicle, including the diagnosis and repair of wireless and remote technologies or any other wireless and remote services comparable to such provided by a motor vehicle manufacturer. The term specified legal barrier means— a request for a waiver of the right of a motor vehicle owner under this Act to use a motor vehicle repair facility of the choosing of such owner; a requirement for such a waiver as a condition for purchasing, leasing, operating, or obtaining warranty repairs for a motor vehicle; or an offer for such owner to receive any compensation or other incentive for such a waiver. 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. The term telematics system means any system in a motor vehicle that collects vehicle-generated data and transmits such data using wireless communications to a remote receiving point where such data is stored. 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 such vehicle to operational specifications in compliance with Federal motor vehicle safety and emissions laws, regulations, and standards. The term vehicle-generated data does not include— diagnostics, repair, service, wear, and calibration or recalibration of parts and systems required to return an automated driving system to operational specifications; or any personally identifiable information.

7. Report to Congress Not later than 2 years after the date of the enactment of this Act, and every 2 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— a summary of investigations conducted and orders issued pursuant to section 5(c), including descriptions of unfair practices relating to repair and data access restrictions and a summary of best practices from stakeholders; actions by the Commission to adapt to changes and advances in motor vehicle technology to maintain competition in the motor vehicle aftermarket and to ensure motor vehicle owners maintain control over the vehicle-generated data of the motor vehicles of such owners; and any recommendations by the Commission for legislation that would improve the ability of the Commission and other relevant agencies to further protect consumers from unfair acts limiting competition in motor vehicle repair and strengthen consumer control over vehicle-generated data.

8. Relationship to State laws A State, or political subdivision of a State, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of a law of the State, or political subdivision of the State, that is covered by any provision of this Act or any regulation promulgated pursuant to this Act.

9. Severability If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of this Act, and the application of such provision to other persons not similarly situated or to other circumstances, shall not be affected by the invalidation.