[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2057 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2057

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 22, 2009

Mr. Towns (for himself, Mr. George Miller of California, and Ms. Eshoo) 
 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 2009.''

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Motor vehicle owners are entitled to choose which 
        service provider will diagnose, service, maintain, or repair 
        their motor vehicles.
            (2) Promoting competition in price and quality for the 
        diagnosis of problems, service, maintenance, and repair of 
        motor vehicles will benefit consumers.
            (3) 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 America's mobility, 
        minimizing fuel consumption, protecting the environment, and 
        enabling the highest levels of safety possible in modern motor 
        vehicles.
            (4) Computers of various kinds are now 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 tools and information can access the computers to 
        perform diagnosis, service, maintenance, and repair of the 
        vehicle.
            (5) Manufacturers have made available to their authorized 
        dealers and service providers the information, tools, codes, 
        and replacement equipment necessary to diagnose problems and to 
        service, maintain, and repair motor vehicles that incorporate 
        computers in their motor vehicle systems.
            (6) 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.
            (7) Vehicles are now being equipped with systems that 
        permit vehicles to communicate repair and diagnostic 
        information wirelessly with the vehicle manufacturer and repair 
        facilities. Car owners have the right to choose where and to 
        whom information generated by their vehicle and vehicle 
        computers is sent.
    (b) Purposes.--The purposes of this Act are--
            (1) to protect motor vehicle owners' right to choose a 
        service provider for the diagnosis, service, maintenance, and 
        repair of their motor vehicles;
            (2) to promote competition in price and quality among 
        service providers; and
            (3) to promote safety and fuel efficiency by allowing 
        consumers to choose among competing 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 must provide to the motor vehicle owner and service 
providers, using reasonable business means and on a non-discriminatory 
basis, all information to diagnose, service, maintain, or repair the 
motor vehicle. This information must include--
            (1) information about safety alerts, recalls, service 
        bulletins and the need for adjustments to maintain vehicle 
        efficiency, safety and convenience; and
            (2) all information of any kind provided directly, 
        indirectly, or wirelessly to new car dealers or any repair 
        facility to diagnose, service, maintain, repair, activate, 
        certify, or install any motor vehicle equipment (including 
        replacement parts and 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 must offer for sale to the motor vehicle owner and to all 
service providers on a reasonable and non-discriminatory basis, any 
tool for the diagnosis, service, maintenance, or repair of a motor 
vehicle, and provide all information that enables 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 must offer for sale to motor vehicle owners, and to all service 
providers on reasonable and non-discriminatory terms, all equipment for 
diagnosis, service, maintenance, or repair of 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) Violation of Section 3.--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.--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 Department of Transportation.--The Federal 
Trade Commission must 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 the Administrator of 
        the Environmental Protection Agency.

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 violations, to obtain damages, restitution, or other 
compensation on behalf of residents of the State, or to obtain such 
further relief as the court may deem appropriate.
    (b) Notice.--The State must 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 must 
serve notice immediately upon instituting an action. Upon receiving a 
notice of a civil action, the Federal Trade Commission may--
            (1) intervene in the action;
            (2) upon intervening, to be heard on all matters arising 
        therein; and
            (3) to appeal.
    (c) Construction.--For purposes of bringing any civil action under 
subsection (a) of this section, nothing in this chapter will 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 the Federal Trade Commission for violation of 
any rule prescribed under section 4(d) of this Act, no State may, 
during the pendency of the action instituted by 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 may 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, an action may 
        be brought by officers of a 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 (including court costs and reasonable 
attorney and expert witness fees). The 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 any 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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