[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2694 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2694

To protect the rights of consumers to diagnose, service, maintain, and 
          repair their motor vehicles, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 13, 2007

  Mr. Towns introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To protect the rights of consumers to diagnose, service, maintain, and 
          repair their motor 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 ``Motor Vehicle Owners Right to Repair 
Act of 2007''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Consumers are entitled to diagnose, service, maintain, 
        or repair their own motor vehicles if they so choose, or to 
        choose a service provider to perform these services for their 
        motor vehicles.
            (2) Consumers are entitled to all information about safety 
        alerts, recalls, and other events relevant to the operation of 
        their vehicles and to have this information available to their 
        service providers in order to ensure the fuel efficient and 
        safe operation of their motor vehicles.
            (3) Promoting competition in price and quality for the 
        diagnosis of problems, service, maintenance, and repair of 
        motor vehicles will benefit consumers.
            (4) Regular diagnosis, service, maintenance, and repair of 
        motor vehicles, motor vehicle equipment, and motor vehicle 
        systems such as pollution control, transmission, antilock 
        brakes, electronic and mechanical systems, heating and air-
        conditioning, and steering are essential to improve fuel 
        economy, protect the environment, and promote the safety of 
        modern motor vehicles.
            (5) Better fuel economy can reduce our dependence on 
        foreign oil and help protect the environment. Proper 
        maintenance of a motor vehicle can significantly improve its 
        gas mileage. Fixing a motor vehicle that is noticeably out of 
        tune can improve its gas mileage by an average of 4 percent. 
        Replacing a clogged air filter can improve a motor vehicle's 
        mileage by as much as 10 percent. Fixing a serious maintenance 
        problem, such as a faulty oxygen sensor, can improve a motor 
        vehicle's mileage by as much as 40 percent.
            (6) Computers of various kinds increasingly are being used 
        by manufacturers in motor vehicle equipment and motor vehicle 
        systems. On-board computer technology controls virtually all of 
        the vehicle's systems, and only service technicians with the 
        necessary information can access the computers to perform 
        diagnosis, service, maintenance, and repair of the vehicle.
            (7) Manufacturers have made available to their authorized 
        dealers and service providers the information, tools, and 
        replacement equipment necessary to diagnose problems and to 
        service, maintain, and repair motor vehicles that incorporate 
        computers in their motor vehicle systems.
            (8) Manufacturers have failed to make available, or have 
        inhibited, restricted, or limited the availability to consumers 
        and independent service providers of the information, tools, 
        and replacement equipment necessary to diagnose, service, 
        maintain, and repair consumers' motor vehicles. A statistically 
        valid and reliable survey of 10,000 consumers reported that 14 
        percent were turned away in calendar year 2006 and told to go 
        to an authorized dealer because the independent car repair shop 
        ``did not have the tools, equipment or information required to 
        do'' the required service. Of these 14 percent, 62 percent 
        stated that they were inconvenienced by the turn away. Of these 
        turned away, 25 percent said that they would not or probably 
        would not return to the independent garage because of the 
        inconvenience incurred.
            (9) Overall, independent service providers lose an average 
        of 5.6 percent in productivity per month because of the lack of 
        information and tools, which translates into an annual revenue 
        loss of approximately $5.8 billion.
            (10) Consumers expressed a clear preference for independent 
        repair shops for two significant reasons--convenience and 
        price. By a ratio of 25 to 17, they expressed a preference for 
        independent repair shops when convenience is the principle 
        factor, and by a ratio of 13 to 5 when price is the principle 
        factor choice.
            (11) Consumers whose service providers cannot repair their 
        motor vehicles because neither the consumer nor the service 
        provider has access to the necessary information and tools lose 
        both time and money and may have no realistic choice but to 
        turn to an authorized dealer. Independent service providers 
        suffer a business loss because they have to turn away consumers 
        or expend time and effort contacting manufacturers' 
        representatives to try to obtain the necessary information.
            (12) Consumers in the United States have benefited from the 
        availability of a wide choice of service providers for their 
        motor vehicles. The American economy has also benefited from 
        the availability of an aftermarket tools and parts supply that 
        provides jobs to over 5 million workers in 495,000 businesses, 
        and generates $200 billion in annual sales.
            (13) Vehicle owners in the United States should have the 
        right--
                    (A) to all information necessary to allow the 
                diagnosis, service, maintenance, and repair of their 
                vehicles;
                    (B) to have access to information, tools, and 
                replacement equipment so that they can, if they wish, 
                diagnose problems themselves and maintain, service, and 
                repair their own vehicles; and
                    (C) to the availability at both authorized and 
                independent service providers of the tools, replacement 
                equipment, and information necessary to diagnose 
                problems in vehicles and to service, maintain, and 
                repair them.
            (14) Discriminating between authorized dealers and 
        independent service providers and restricting the availability 
        of information, tools and replacement equipment limits who can 
        diagnose, service, maintain, and repair motor vehicles and what 
        tools and replacement equipment may be used to repair those 
        vehicles, limits consumer choice, limits competition, and 
        impedes the safe and energy-efficient operation of motor 
        vehicles.
            (15) Access for consumers and all service providers of 
        information, tools, and replacement equipment necessary to the 
        diagnosis, service, maintenance, and repair of motor vehicles 
        can be accomplished without infringing manufacturers' 
        legitimate trade secrets.
    (b) Purposes.--The purposes of this Act are the following:
            (1) To protect consumers' rights to choose a service 
        provider for the diagnosis, service, maintenance, and repair of 
        their motor vehicles;
            (2) To promote safety and energy efficiency by requiring 
        motor vehicle manufacturers to make available to consumers and 
        their service providers the information, parts and tools 
        necessary to facilitate regular diagnosis, service, 
        maintenance, and repair of motor vehicles, motor vehicle 
        equipment, and motor vehicle systems; and
            (3) To promote competition in price and quality for the 
        diagnosis of problems, and the service, maintenance, and repair 
        of motor vehicles by giving consumers the widest possible 
        choice of service providers.

SEC. 3. MANUFACTURER REQUIREMENTS.

    (a) Duty To Disclose Information.--The manufacturer of a motor 
vehicle sold, leased, or otherwise introduced into commerce in the 
United States shall provide to the motor vehicle owner, and to all 
service providers on reasonable and non-discriminatory terms, all 
information necessary to diagnose, service, maintain, or repair the 
motor vehicle, and all information necessary to fully utilize the tools 
and motor vehicle equipment (including replacement equipment) needed to 
diagnose, service, maintain, and repair the motor vehicle. Such 
information shall include--
            (1) information about safety alerts, recalls, service 
        bulletins and the need for adjustments to maintain energy 
        efficiency;
            (2) information necessary to access and integrate 
        replacement equipment into the motor vehicle; and
            (3) all other information of any kind needed or used to 
        diagnose, service, maintain, repair, activate, certify, or 
        install any motor vehicle equipment (including replacement 
        equipment) in a motor vehicle.
    (b) Duty To Make Tools Available.--The manufacturer of a motor 
vehicle sold, leased, or otherwise introduced into commerce in the 
United States shall offer for sale to consumers, and to all service 
providers on reasonable and non-discriminatory terms, any tool 
necessary to diagnose, service, maintain, or repair a motor vehicle, 
and shall provide the information necessary to enable aftermarket tool 
companies to manufacture tools with the same functional characteristics 
as those tools made available by the manufacturers to authorized 
dealers.
    (c) Replacement Equipment.--The manufacturer of a motor vehicle 
sold, leased, or otherwise introduced into commerce in the United 
States shall offer for sale to consumers, and to all service providers 
on reasonable and non-discriminatory terms, all equipment necessary to 
diagnose, service, maintain, or repair a motor vehicle.
    (d) Protection of Trade Secrets.--
            (1) A manufacturer may not be required to publicly disclose 
        information that, if made public, would divulge methods or 
        processes entitled to protection as trade secrets.
            (2) No information may be withheld by a manufacturer on the 
        ground that it is a trade secret if that information is 
        provided (directly or indirectly) to authorized dealers or 
        service providers.

SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION.

    (a) In General.--For the purpose of enforcing compliance with this 
Act, the Federal Trade Commission may utilize all authority conferred 
on it by the Federal Trade Commission Act, or otherwise.
    (b) A violation of section 3 of this Act constitutes an unfair 
method of competition and an unfair or deceptive act or practice within 
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 
U.S.C. 45(a)(1)).
    (c) Violation of a rule prescribed under section 4(d) of this Act 
constitutes violation of a rule defining an unfair 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)).
    (d) Rulemaking.--The Federal Trade Commission may prescribe rules 
to implement this Act.
    (e) Cooperation With U.S. Department of Transportation.--The 
Federal Trade Commission shall cooperate with the Department of 
Transportation to publish technical service bulletins on a Federal 
Internet Website.
    (f) Limitation.--The Federal Trade Commission may not prescribe 
rules that--
            (1) interfere with the authority of the Administrator 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 
        emissions control diagnostics systems; or
            (2) conflict with rules prescribed by such Administrator 
        under such section.

SEC. 5. ACTION BY STATES.

    (a) In General.--Whenever an attorney general of any State has 
reason to believe that the interests of the residents of that State 
have been or are being threatened or adversely affected by a violation 
of section 3 of this Act, or by the violation of a rule promulgated by 
the Federal Trade Commission to implement this Act, the State, as 
parens patriae, may bring a civil action on behalf of its residents to 
enjoin such violations, to obtain damages, restitution, or other 
compensation on behalf of residents of such State, or to obtain such 
further and other relief as the court may deem appropriate.
    (b) Notice.--The State shall serve prior written notice of any 
civil action under subsection (a) of this section upon the Federal 
Trade Commission with a copy of its complaint, except that if it is not 
feasible for the State to provide such prior notice, the State shall 
serve such notice immediately upon instituting such action. Upon 
receiving a notice respecting a civil action, the Federal Trade 
Commission shall have the right--
            (1) to intervene in such action,
            (2) upon so intervening, to be heard on all matters arising 
        therein, and
            (3) to file petitions for appeal.
    (c) Construction.--For purposes of bringing any civil action under 
subsection (a) of this section, nothing in this chapter shall prevent 
an attorney general from exercising the powers conferred on the 
attorney general by the laws of such State to conduct investigations or 
to administer oaths or affirmations or to compel the attendance of 
witnesses or the production of documentary and other evidence.
    (d) Actions by Federal Trade Commission.--Whenever a civil action 
has been instituted by or on behalf of the Federal Trade Commission for 
violation of any rule prescribed under section 4(d) of this Act, no 
State may, during the pendency of such action instituted by or on 
behalf of the Federal Trade Commission, institute a civil action under 
this Act against any defendant named in the complaint in such action 
for violation of any rule as alleged in such complaint.
    (e) Actions by Other State Officials.--
            (1) Nothing contained in this section shall prohibit an 
        authorized State official from proceeding in State court on the 
        basis of an alleged violation of any civil or criminal statute 
        of such State.
            (2) In addition to actions brought by an attorney general 
        of a State under subsection (a) of this section, such an action 
        may be brought by officers of such State who are so authorized.

SEC. 6. CONSUMERS' RIGHTS.

    A consumer or service provider may bring a civil action to enjoin 
any violation of section 3 of this Act or of any rule issued pursuant 
to this Act and for damages therefore (including court costs and 
reasonable attorney and expert witness fees). Such an action may be 
brought in any court of competent jurisdiction.

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 vehicle'', and 
        ``motor vehicle equipment'' have the meanings given those terms 
        in section 30102(a) of title 49, United States Code.
            (3) The term ``motor vehicle owner'' and the term 
        ``consumer'' mean any person 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 ``service provider''means a person engaged in 
        the diagnosis, service, maintenance, or repair 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.
            (7) The term ``dealer'' has the meaning given that term in 
        section 30102(a) of title 49, United States Code.
            (8) The term ``technical service bulletin'' means a 
        communication sent to a dealer about the diagnosis, service, 
        maintenance or repair of a motor vehicle or item of motor 
        vehicle equipment and shall include all communications sent to 
        the Secretary of Transportation under sections 30166(f) and 
        30166(m)(3)(A)(ii) of title 49, United States Code.
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