[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1566 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1566
To ensure consumers have access to data relating to motor vehicles of
the consumers and critical repair information and tools for such motor
vehicles, to provide such consumers with choices for the maintenance,
service, and repair of such vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2025
Mr. Dunn of Florida (for himself, Ms. Perez, Mr. Davidson, Mr. Boyle of
Pennsylvania, Mrs. Harshbarger, Mr. Tonko, Mr. Nunn of Iowa, Mr.
Mullin, Mr. Thompson of Pennsylvania, Mr. Landsman, Mr. Amodei of
Nevada, Ms. Pettersen, Mr. Bost, Ms. Norton, Mr. Rose, and Mr. Khanna)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To ensure consumers have access to data relating to motor vehicles of
the consumers and critical repair information and tools for such motor
vehicles, to provide such consumers with choices for the maintenance,
service, and repair of such vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Right to Equitable and Professional
Auto Industry Repair Act'' or the ``REPAIR Act''.
SEC. 2. MAINTAINING COMPETITION AND DATA PRIVACY AFTER CONSUMERS
PURCHASE MOTOR VEHICLES.
(a) In General.--
(1) Prohibition on motor vehicle manufacturers withholding
vehicle-generated data, critical repair information, and
tools.--A motor vehicle manufacturer may not employ any
technological barrier or specified legal barrier that impairs
the ability of--
(A) a motor vehicle owner (or a designee of a motor
vehicle owner) to access vehicle-generated data
pursuant to paragraph (2);
(B) 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;
(C) 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);
(D) 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
(E) 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.
(2) Requirement to provide vehicle-generated data to motor
vehicle owners.--A motor vehicle manufacturer shall--
(A) 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--
(i) through and including the interface
ports of the motor vehicle (including OBD port
and J-1939); and
(ii) to the extent such vehicle is equipped
for wireless transmission of such data, over
wireless technology via any telematics system;
and
(B) 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.
(3) Prohibition on certain mandates related to repairs.--
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--
(A) mandate or imply a mandate to use any
particular brand or manufacturer of parts, tools, or
motor vehicle equipment; or
(B) 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.''.
(4) Prohibition on certain limitations.--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.
(5) Limitation.--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.
(6) Rules of construction.--Nothing in this Act may be
construed to--
(A) limit or expand any law or right relating to
intellectual property;
(B) 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
(C) preclude a motor vehicle manufacturer from
employing cryptographic or technological protections
necessary to secure vehicle-generated data, safety
critical vehicle systems, and motor vehicles.
(7) Requirements for persons receiving vehicle-generated
data.--
(A) Revocation of designation.--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.
(B) Request to delete data.--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.
(C) Use of data.--Except as provided in
subparagraph (D), a person who accesses or stores
vehicle-generated data--
(i) 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
(ii) 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.
(D) Research and development exception.--
(i) Research and development.--
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.
(ii) Data in a de-identified form
defined.--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--
(I) 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;
(II) publicly commits in a clear
and conspicuous manner--
(aa) to process and
transfer the information solely
in a de-identified form without
any reasonable means for re-
identification; and
(bb) 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
(III) contractually obligates any
person or entity who receives the
information from such manufacturer--
(aa) to comply with each
provision of this clause with
respect to the information; and
(bb) to require that such
obligation is included
contractually in any subsequent
instance in which the
information may be received by
such person or entity.
(b) Nullification of Attempts To Restrict Competition and Consumer
Rights.--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).
SEC. 3. FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE.
(a) Establishment.--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'').
(b) Chair.--The Chair of the Commission (or a designee of the
Chair) shall serve as the head of the Advisory Committee.
(c) Membership.--The Advisory Committee shall be composed of the
following members:
(1) The Director of the Bureau of Competition (or a
designee of the Director).
(2) The Administrator of the National Highway Traffic
Safety Administration (or a designee of the Administrator).
(3) 11 individuals, appointed by the Chair of the
Commission, to be comprised of 1 individual from each of the
following:
(A) Independent motor vehicle repair facilities.
(B) Motor vehicle parts retailers.
(C) Motor vehicle parts distributors.
(D) Original motor vehicle equipment parts
manufacturers.
(E) Aftermarket parts manufacturers.
(F) Aftermarket tools manufacturers.
(G) Motor vehicle manufacturers.
(H) Motor vehicle dealership service centers.
(I) Consumer rights organizations.
(J) Automobile insurers.
(K) Trucking companies.
(d) Function.--The Advisory Committee shall provide recommendations
to the Commission on--
(1) the implementation of this Act;
(2) 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
(3) how to ensure motor vehicle owners maintain control
over the vehicle-generated data of the motor vehicles of such
owners.
(e) Duties.--In carrying out the function described in subsection
(c), the Advisory Committee shall--
(1) foster industry collaboration in a clear and
transparent manner;
(2) coordinate with and include participation by the
private sector, including representatives of--
(A) independent motor vehicle repair facilities;
(B) motor vehicle parts retailers;
(C) motor vehicle parts distributors;
(D) original motor vehicle equipment parts
manufacturers;
(E) aftermarket parts manufacturers;
(F) aftermarket tools manufacturers;
(G) motor vehicle manufacturers;
(H) motor vehicle dealership service centers;
(I) consumer rights organizations;
(J) automobile insurers;
(K) trucking companies;
(L) members of the public; and
(M) other interested parties; and
(3) assess existing and emerging barriers to competitive
motor vehicle repair.
(f) Meetings.--The Advisory Committee shall meet not fewer than 3
times per year at the call of the head.
(g) Reports.--
(1) Contents.--On at least an annual basis, the Advisory
Committee shall issue a report to the Commission that
includes--
(A) a description of efforts by the industries
represented within the Advisory Committee to comply
with this Act; and
(B) 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.
(2) Submission.--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.
(h) Termination.--
(1) Process.--The Advisory Committee shall terminate upon
an agreement of a majority of the membership.
(2) Notice.--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.
SEC. 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 ve