[Congressional Record Volume 148, Number 78 (Thursday, June 13, 2002)]
[Senate]
[Pages S5536-S5537]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE (for himself and Mr. Dayton):
  S. 2617. A bill to protect the rights of American consumers to 
diagnose, service, and repair motor vehicles purchased in the United 
States, and for other purposes; to the Committee on Commerce, Science, 
and Transportation.
  Mr. WELLSTONE. Madam President, I rise today to introduce the Motor 
Vehicle Owners' Right to Repair Act of 2002. This legislation would 
protect the viability of independent service station and repair shops 
and ensure that consumers will continue to have a choice of automotive 
service providers.
  The 1990 Clean Air Act mandated that vehicle manufacturers install 
computer systems to monitor emissions in 1994 model year cars and 
beyond. Today, many vehicle systems are integrated into the car's 
computer system, making auto repair an increasingly ``high tech'' 
business and making access to the computer and the information it 
contains vital to the ability to perform repairs.
  Increasingly, however, independent repair shops are being barred 
access to the codes and diagnostic tools necessary to repair newer 
model cars. The effect is to reduce consumer choice for auto repair 
services, and to endanger the livelihood thousands of small, family 
owned repair shops across the country.
  On April 10, I met with a group of repair shop owners from Minnesota. 
The explained that new practices by some auto manufactures were 
preventing them from competing on an even playing field. One thing we 
don't need is another industry where all the little guys, the small, 
independent businesses, are driven out. This is terrible for our 
communities. And reduced competition means higher prices for consumers
  Specifically, the Motor Vehicle Owners' Right to Repair Act would 
simply require a manufacturer of a motor vehicle sold in the United 
States to disclose to the vehicle owner, a repair facility, and the 
Federal Trade Commission, FTC, the information necessary to diagnose, 
service, or repair the vehicle. The bill bars the FTC from requiring 
disclosure of any information entitled to protection as a 
manufacturer's trade secret.
  This legislation is an example of what is good for small business is 
good for the consumer. The bill is endorsed by the 44 million member 
American Automobile Association, AAA, as well as the Automotive Service 
Association, the trade association of automotive service professionals.
  To reiterate, I want to introduce a bill and tell colleagues about 
it. I have sent out a ``Dear Colleague'' letter. This is very much a 
pro-consumer bill as well. It is called the Motor Vehicle and Owners 
Right to Repair Act. There has to be a better title.
  Basically, this is the issue. The automotive industry, for 100 years, 
has always shared information with mechanics. But post-1994, you have 
cars with very computerized systems. All of a sudden, the automotive 
industry is now saying to independent mechanics, we will not share with 
you the information about the computer system so you can get into the 
computer system, do the diagnosis and the repair, in which case I think 
it is a blatant anticompetitive practice.

[[Page S5537]]

  It puts the independent mechanics, the small guys, out of business. 
In addition, it says to the consumers: Listen, you might want to take 
your car back to the dealership for repair, but now that is your only 
choice because you may want to go to the neighborhood mechanic you have 
worked with for years and he might want your business, but we are going 
to make it impossible for him to get your business. We are going to 
make it impossible for you to go there.
  I like this piece of legislation because it is little guy versus big 
guy. It feels right to me. At 5 feet, 5 inches, I like the little guys.
  In April, some mechanics came by our office and talked with Perry 
Lang, who works with me, and they said this is happening to us and 
asked for some help.
  I say on the floor of the Senate two things: No. 1, I am circulating 
a ``Dear Colleague'' letter. I hope to get a lot of support. I think 
there will be a lot of support.
  This is going on in the House with a lot of Republicans as well as 
Democrats.
  The second thing that I am saying to the industry today on the floor 
of the Senate--and I think they are watching this carefully--is we are 
going to get a good head of steam on this. If you want to sit down and 
negotiate an agreement with the mechanics that is fair to these 
independent mechanics, go ahead. Then we won't have to pass the 
legislation. But I could not believe when I heard the report of what 
they are dealing with.
  Again, you have a blatant anticompetitive practice of the industry 
basically saying we will not share with you any information about our 
computerized systems. If the industry wants to say there is some kind 
of a trade patent secret which they can't share, they can go to the FTC 
and get approval for that. Otherwise, for 100 years, this has not 
happened. Now we get into a blatant collusion, anticompetitive practice 
that is unfair to the independent mechanics who a lot of Senators know 
as friends and as small businesspeople. I am aiming to stop it.
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