[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3181 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3181
To protect the rights of consumers to diagnose, service, maintain, and
repair their motor vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2010
Mrs. Boxer (for herself and Mr. Brownback) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
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 2010''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(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, air-
conditioning, and steering are essential to facilitating United
States mobility, minimizing fuel consumption, protecting the
environment, and enabling the highest possible levels of safety
in modern motor vehicles.
(4) Various kinds of computers have been integrated by
manufacturers into motor vehicle equipment and motor vehicle
systems. On-board computer technology controls virtually all of
the motor 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
motor vehicle.
(5) Manufacturers have provided their authorized dealers
and service providers with 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 benefitted from the
availability of a wide choice of service providers for their
motor vehicles. The United States economy has also benefitted
from the availability of a tools and parts supply aftermarket
that provides jobs to more than 5,000,000 workers in
approximately 495,000 businesses, and generates approximately
$200,000,000,000 in annual sales.
(7) New motor vehicles are being equipped with systems that
permit such vehicles to transmit repair and diagnostic
information wirelessly to 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 the rights of motor vehicle owners 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. DEFINITIONS.
In this Act:
(1) Attorney general of a state.--The term ``attorney
general of a State'' means the attorney general or other chief
law enforcement officer of a State.
(2) Commerce.--The term ``commerce'' has the meaning given
that term in section 4 of the Federal Trade Commission Act (15
U.S.C. 44).
(3) Consumer, motor vehicle owner.--The terms ``consumer''
and ``motor vehicle owner'' 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) Dealer, manufacturer, motor vehicle, motor vehicle
equipment.--The terms ``dealer'', ``manufacturer'', ``motor
vehicle'', and ``motor vehicle equipment'' have the meaning
given those terms in section 30102(a) of title 49, United
States Code.
(5) Replacement equipment.--The term ``replacement
equipment'' has the meaning given that term in section
30102(b)(1) of such title.
(6) Service provider.--The term ``service provider'' means
any person engaged in the diagnosis, service, maintenance, or
repair of motor vehicles or motor vehicle engines.
(7) Technical service bulletin.--The term ``technical
service bulletin''--
(A) 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
(B) includes all communications sent to the
Secretary of Transportation under subsections (f) and
(m)(3)(A)(ii) of section 30166 of title 49, United
States Code.
SEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFACTURERS.
(a) Duty To Disclose Information.--
(1) In general.--The manufacturer of a motor vehicle sold,
leased, or otherwise introduced into commerce in the United
States shall provide to the owner of the motor vehicle and the
service provider of the motor vehicle, using reasonable
business means and on a non-discriminatory basis, all
information to diagnose, service, maintain, or repair the motor
vehicle.
(2) Elements.--The information required under paragraph (1)
with respect to a motor vehicle shall include the following:
(A) Information about all safety alerts, recalls,
service bulletins, and the adjustments needed to
maintain the efficiency, safety, and convenience of the
vehicle.
(B) 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 the 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--
(1) offer for sale to the owner of the motor vehicle and to
all service providers on a reasonable and non-discriminatory
basis, any tool for the diagnosis, service, maintenance, or
repair of the motor vehicle; and
(2) 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 shall offer for sale to the owner of the motor vehicle and to
all service providers on reasonable and non-discriminatory terms, all
equipment for diagnosis, service, maintenance, or repair of the motor
vehicle.
(d) Protection of Trade Secrets.--
(1) In general.--Except as provided in paragraph (2),
nothing in this section may be construed to require a
manufacturer to disclose publicly information that, if made
public, would divulge methods or processes entitled to
protection as trade secrets.
(2) Exception.--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. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
(a) In General.--The Federal Trade Commission shall enforce the
provisions of 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 part of this Act.
(b) Unfair or Deceptive Acts or Practices.--
(1) Violation of a duty.--Any failure to comply with the
provisions of section 4 shall be treated as 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)).
(2) Violation of a rule.--A violation of a rule prescribed
under subsection (c) shall be treated as a 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)).
(c) Rulemaking.--
(1) In general.--Except as provided in paragraph (2), the
Federal Trade Commission may prescribe such rules as may be
necessary to carry out the provisions of this Act.
(2) Limitation.--The Federal Trade Commission may not
prescribe rules under this subsection that--
(A) 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
(B) conflict with rules prescribed by the
Administrator of the Environmental Protection Agency.
SEC. 6. ACTION BY STATES.
(a) In General.--In any case in which the attorney general of a
State has reason to believe that an interest of the residents of the
State has been or is threatened or adversely affected by the engagement
of any person subject to a provision of section 4 or a rule prescribed
under section 5(c) in a practice that violates such provision or rule,
the State may, as parens patriae, bring a civil action on behalf of the
residents of the State in an appropriate district court of the United
States or other court of competent jurisdiction--
(1) to enjoin that practice;
(2) to enforce compliance with the provision or rule;
(3) to obtain damages, restitution, or other compensation
on behalf of residents of the State; or
(4) to obtain such other relief as the court considers
appropriate.
(b) Rights of Federal Trade Commission.--
(1) Notice to federal trade commission.--
(A) In general.--Except as provided in subparagraph
(C), the attorney general of a State shall notify the
Federal Trade Commission in writing of any civil action
under subsection (a), prior to initiating such civil
action.
(B) Contents.--The notice required by subparagraph
(A) shall include a copy of the complaint to be filed
to initiate such civil action.
(C) Exception.--If it is not feasible for the
attorney general of a State to provide the notice
required by subparagraph (A), the State shall provide
notice immediately upon instituting a civil action
under subsection (a).
(2) Intervention by federal trade commission.--
(A) In general.--Upon receiving notice required by
paragraph (1) with respect to a civil action, the
Federal Trade Commission may--
(i) intervene in such action; and
(ii) upon intervening--
(I) be heard on all matters arising
in such civil action;
(II) remove the action to the
appropriate district court of the
United States; and
(III) file petitions for appeal of
a decision in such action.
(B) Continued participation of states.--If the
Federal Trade Commission removes an action to the
appropriate district court of the United States under
subparagraph (A)(ii)(III), the State shall remain a
party to the action in such court.
(c) Investigatory Powers.--Nothing in this section may be construed
to prevent the attorney general of a State from exercising the powers
conferred on such 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) Preemptive Action by Federal Trade Commission.--If the Federal
Trade Commission institutes a civil action or an administrative action
to enforce a violation of a rule prescribed under section 5(c), no
State may, during the pendency of such action, bring a civil action
under subsection (a) against any defendant named in the complaint of
the Commission for violation of a rule prescribed under section 5(c)
that is alleged in such complaint.
(e) Actions by Other State Officials.--
(1) In general.--In addition to actions brought by an
attorney general of a State under subsection (a), an action may
be brought by officers of a State who are so authorized.
(2) Savings provision.--Nothing contained in this section
may be construed to prohibit an authorized official of a State
from proceeding in a court of such State on the basis of an
alleged violation of any civil or criminal statute of such
State.
SEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS.
In any case in which a consumer or service provider has reason to
believe that an interest of the consumer or service provider is
threatened or adversely affected by the engagement of any person
subject to a provision of section 4 or a rule prescribed under section
5(c) in a practice that violates such provision or rule, the consumer
or service provider may bring a civil action in an appropriate district
court of the United States or other court of competent jurisdiction--
(1) to enjoin the practice;
(2) to enforce compliance with the provision or rule;
(3) to obtain damages or restitution, including court costs
and reasonable attorney and expert witness fees; or
(4) to obtain such other relief as the court considers
appropriate.
SEC. 8. TECHNICAL SERVICE BULLETINS.
The Federal Trade Commission shall cooperate with the Secretary of
Transportation in preparing a technical service bulletin that the
Secretary intends to publish on an Internet Web site of the Federal
Government.
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