II
119THCONGRESS
1
STSESSION S. 1379
To ensure consumers have access to data relating to their motor vehicles,
critical repair information, and tools, and to provide them choices for
the maintenance, service, and repair of their motor vehicles, and for
other purposes.
IN THE SENATE OF THE UNITED STATES
APRIL9, 2025
Mr. L
UJA´N(for himself and Mr. HAWLEY) introduced the following bill; which
was read twice and referred to the Committee on Commerce, Science, and
Transportation
A BILL
To ensure consumers have access to data relating to their
motor vehicles, critical repair information, and tools, and
to provide them choices for the maintenance, service,
and repair of their motor vehicles, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Right to Equitable and 4
Professional Auto Industry Repair Act’’ or the ‘‘REPAIR 5
Act’’. 6
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SEC. 2. FINDINGS. 1
Congress finds the following: 2
(1) As technology advances and vehicle systems 3
become more advanced, vehicle repair and mainte-4
nance will require access to extensive vehicle data, 5
software, sophisticated replacement components, 6
training, diagnostic tools, and enhanced diagnostic 7
repair services. 8
(2) Consumers and their designees must have 9
access to vehicle-generated data and alternative 10
parts that are necessary to maintain consumer 11
choice and competitive pricing. 12
(3) Consumer choice, consumer control, motor 13
vehicle cybersecurity, and safety are all valid con-14
cerns and do not have to be mutually exclusive. 15
(4) Vehicles generate increasingly massive 16
amounts of data and the Federal Trade Commission 17
and the National Highway Traffic Safety Adminis-18
tration are uniquely positioned, after considering 19
consumers’ privacy and cybersecurity needs, to des-20
ignate additional types of data not specifically con-21
sidered or identified by Congress that consumers 22
should be able to easily share with persons they 23
choose for the reasons they choose and examine fair 24
competition in evolving motor vehicle technologies. 25
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(5) It is in the interest of the United States to 1
foster competition in the motor vehicle repair indus-2
try and not limit consumers in their choices for 3
maintenance, service, and repair, allowing consumers 4
and the industry to benefit from a system that fos-5
ters communication, collaboration, and innovation 6
and promotes consumer choice. 7
SEC. 3. DEFINITIONS. 8
(a) D
EFINITIONS.—In this Act: 9
(1) A
FTERMARKET PART .—The term 10
‘‘aftermarket part’’ means a new part for a motor 11
vehicle that— 12
(A) is not original equipment and is sold 13
or offered for sale to a motor vehicle manufac-14
turer after the vehicle has left the motor vehicle 15
manufacturer’s production line; or 16
(B) was manufactured for a person that is 17
not the motor vehicle manufacturer. 18
(2) A
LTERNATIVE PART.— 19
(A) I
N GENERAL.—The term ‘‘alternative 20
part’’— 21
(i) means any part for a motor vehicle 22
offered for sale or for installation in or on 23
a motor vehicle, or manufactured for sale 24
to a motor vehicle manufacturer, after 25
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such motor vehicle has left the motor vehi-1
cle manufacturer’s production line; and 2
(ii) includes aftermarket parts, recy-3
cled parts, and remanufactured parts. 4
(B) E
XCLUSIONS.—The term ‘‘alternative 5
part’’ shall not include any original equipment. 6
(3) A
UTHORIZED MOTOR VEHICLE SERVICE 7
PROVIDER.—The term ‘‘authorized motor vehicle 8
service provider’’ means a person who has— 9
(A) an arrangement with a motor vehicle 10
manufacturer under which the motor vehicle 11
manufacturer grants to the person a license to 12
use a trade name, service mark, or other propri-13
etary identifier for the purpose of offering the 14
service of diagnosis, maintenance, or repair of 15
a motor vehicle under the name of the motor 16
vehicle manufacturer; or 17
(B) any other arrangement with the motor 18
vehicle manufacturer to offer such services on 19
behalf of the motor vehicle manufacturer. 20
(4) B
ARRIER.—The term ‘‘barrier’’ means a 21
technological or contractual restriction that prohibits 22
or materially interferes with the ability of a motor 23
vehicle repair facility or a service provider to return 24
a vehicle to operational specifications, including any 25
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action that prohibits or materially interferes with the 1
process of pairing aftermarket parts or alternative 2
parts with the vehicle. 3
(5) C
OMMISSION.—The term ‘‘Commission’’ 4
means the Federal Trade Commission. 5
(6) C
RITICAL REPAIR INFORMATION , TOOLS, 6
AND PARTS.—The term ‘‘critical repair information, 7
tools, and parts’’ means all necessary technical and 8
compatibility information, tools, and motor vehicle 9
equipment made available by a motor vehicle manu-10
facturer to a motor vehicle dealer or a motor vehicle 11
repair facility, or used by the motor vehicle manu-12
facturer, for the purpose of maintaining or repairing 13
a motor vehicle, wiring diagrams, parts nomen-14
clature and descriptions, parts catalogs, repair pro-15
cedures, training materials, software, and tech-16
nology, including information related to diagnostics, 17
repair, service, calibration, or recalibration of parts 18
and systems to return a vehicle to operational speci-19
fications. 20
(7) D
IAGNOSTIC TOOL MANUFACTURER .— The 21
term ‘‘diagnostic tool manufacturer’’ means a person 22
who develops and manufactures any electronic tool 23
(or software for such tool) that connects to a motor 24
vehicle’s computer or electronic control modules in 25
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order to download or access vehicle diagnostic trou-1
ble codes or reprogram the motor vehicle’s computer 2
or electronic control modules to return the motor ve-3
hicle to its original operating state. 4
(8) D
ISTRIBUTOR.—The term ‘‘distributor’’ 5
means a person that buys any motor vehicle equip-6
ment or diagnostic tool from a manufacturer and 7
sells them to other businesses, stores, or customers. 8
(9) I
NSURER.—The term ‘‘insurer’’ has the 9
meaning given that term under section 313(r) of 10
title 31, United States Code, as term applies to 11
automobile insurance. 12
(10) J
UNK YARD; SALVAGE YARD.—The terms 13
‘‘junk yard’’ and ‘‘salvage yard’’ have the meanings 14
given those terms in section 25.52 of title 28, Code 15
of Federal Regulations as in effect on September 1, 16
2021. 17
(11) M
OTOR VEHICLE.—The term ‘‘motor vehi-18
cle’’ has the meaning given such term in section 19
30102(a) of title 49, United States Code, and in-20
cludes a motor vehicle trailer. 21
(12) M
OTOR VEHICLE DEALER .—The term 22
‘‘motor vehicle dealer’’ has the meaning given to the 23
term ‘‘dealer’’ in section 30102(a) of title 49, United 24
States Code. 25
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(13) MOTOR VEHICLE EQUIPMENT .—The term 1
‘‘motor vehicle equipment’’ has the meaning given 2
such term in section 30102(a) of title 49, United 3
States Code. 4
(14) M
OTOR VEHICLE MANUFACTURER .—The 5
term ‘‘motor vehicle manufacturer’’ has the meaning 6
given such term in section 30102(a) of title 49, 7
United States Code. 8
(15) M
OTOR VEHICLE OWNER .— 9
(A) I
N GENERAL.—The term ‘‘motor vehi-10
cle owner’’ means— 11
(i) a person with a present possessive 12
ownership right in a motor vehicle; or 13
(ii) a lessee of a motor vehicle. 14
(B) E
XCLUSIONS.—The term ‘‘motor vehi-15
cle owner’’ shall not include a motor vehicle 16
manufacturer or a person operating on behalf 17
of a motor vehicle manufacturer, a motor vehi-18
cle financing company, a motor vehicle dealer, 19
or a motor vehicle lessor. 20
(16) M
OTOR VEHICLE REPAIR FACILITY .—The 21
term ‘‘motor vehicle repair facility’’ means any per-22
son who, in its ordinary course of business, is en-23
gaged in the business of diagnosis, service, mainte-24
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nance, repair, or calibration of motor vehicles or 1
motor vehicle equipment. 2
(17) O
RIGINAL EQUIPMENT.—The term ‘‘origi-3
nal equipment’’ means motor vehicle equipment (in-4
cluding a tire) that, as of the time of delivery to the 5
first motor vehicle owner, is installed in or on a 6
motor vehicle. 7
(18) P
ERSON.—The term ‘‘person’’ means an 8
individual, trust, estate, partnership, association, 9
company, or corporation. 10
(19) R
ECYCLED PART.—The term ‘‘recycled 11
part’’ means any part offered for sale or for installa-12
tion in or on a motor vehicle that was previously in-13
stalled in or on a different motor vehicle. 14
(20) R
EMANUFACTURER .—The term ‘‘remanu-15
facturer’’ means a person utilizing a standardized 16
industrial process— 17
(A) by which previously sold, worn, or non- 18
functional products are returned to same-as- 19
new, or better, condition and performance; 20
(B) that is in line with specific technical 21
specifications, including engineering, quality, 22
and testing standards; and 23
(C) that yields fully warranted products. 24
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(21) REMANUFACTURED PART .—The term ‘‘re-1
manufactured part’’ means a part for a motor vehi-2
cle produced by a remanufacturer. 3
(22) S
ERVICE PROVIDER.—The term ‘‘service 4
provider’’ means— 5
(A) any motor vehicle repair facility (or 6
other designee) who is employed by a motor ve-7
hicle owner to assist with the diagnosis and re-8
pair of a motor vehicle (including wireless and 9
remote technologies) or with any other wireless 10
and remote services comparable to those pro-11
vided by a vehicle manufacturer; 12
(B) a motor vehicle dealer; or 13
(C) an authorized motor vehicle service 14
provider. 15
(23) T
ELEMATICS SYSTEM .—The term 16
‘‘telematics system’’ means any system in a motor 17
vehicle that collects information generated by the op-18
eration of the vehicle and transmits such informa-19
tion utilizing wireless communications to a remote 20
receiving point where the information is stored. 21
(24) V
EHICLE-GENERATED DATA .—The term 22
‘‘vehicle-generated data’’ means any in-vehicle data 23
generated (or generated and retained) by the oper-24
ation of a motor vehicle related to diagnostics, 25
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prognostics, repair, service, wear, calibration, or re-1
calibration of parts or systems required to return a 2
vehicle to operational specifications in compliance 3
with Federal motor vehicle safety and emissions 4
laws, regulations, and standards. 5
(b) A
UTHORITYTOEXPANDDEFINITIONS.—The 6
Commission, in consultation with the National Highway 7
Traffic Safety Administration, may promulgate regula-8
tions in accordance with section 553 of title 5, United 9
States Code, to expand the definitions under this section, 10
as determined necessary by the Commission. 11
SEC. 4. MAINTAINING COMPETITION AFTER CONSUMERS 12
PURCHASE OR LEASE THEIR MOTOR VEHI-13
CLES. 14
(a) I
NGENERAL.— 15
(1) P
ROHIBITION ON RESTRICTING THE ABIL -16
ITY OF MOTOR VEHICLE OWNERS TO USE THE RE -17
PAIR PARTS AND REPAIR FACILITIES OF THEIR 18
CHOICE.—Beginning on the date that is 180 days 19
after the date of enactment of this Act: 20
(A) U
SE OF BARRIERS.—A motor vehicle 21
manufacturer shall not employ any barrier that 22
impairs the ability of— 23
(i) a motor vehicle owner (or their 24
designee) to access vehicle-generated data; 25
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(ii) a motor vehicle owner (or their 1
designee), an aftermarket parts manufac-2
turer, a motor vehicle equipment manufac-3
turer, a remanufacturer, a diagnostic tool 4
manufacturer, or a motor vehicle repair fa-5
cility (including their distributors and serv-6
ice providers), to access critical repair in-7
formation, tools, and parts; 8
(iii) a motor vehicle owner (or their 9
designee) to use a vehicle towing or service 10
provider of their choice; 11
(iv) an aftermarket parts manufac-12
turer, a motor vehicle equipment manufac-13
turer, a remanufacturer, a junk yard, a 14
salvage yard, or a motor vehicle repair fa-15
cility (including their distributors and serv-16
ice providers) to produce or offer compat-17
ible alternative parts; 18
(v) a motor vehicle owner (or their 19
designee) to install and use compatible al-20
ternative parts in or on a motor vehicle to 21
repair or maintain the motor vehicle; or 22
(vi) a motor vehicle owner (or their 23
designee) to diagnose, repair, or maintain 24
a motor vehicle. 25
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(B) SOFTWARE UPDATES .—Subject to 1
paragraph (5), a motor vehicle manufacturer 2
shall not intentionally implement, while ad-3
dressing driver and operational safety, any soft-4
ware update to a motor vehicle with the specific 5
intent of rendering any compatible alternative 6
part or aftermarket part inoperable, in whole or 7
in part, except as required by an order issued 8
by the National Highway Traffic Safety Admin-9
istration. 10
(2) R
EQUIREMENT TO PROVIDE VEHICLE -GEN-11
ERATED DATA TO MOTOR VEHICLE OWNERS AND 12
THEIR DESIGNEES.—Beginning on the date that is 13
180 days after the date of enactment of this Act, a 14
motor vehicle manufacturer shall— 15
(A) provide to a motor vehicle owner (or 16
their designee), without restriction or limitation, 17
access to vehicle-generated data, including vehi-18
cle-generated data made available through the 19
motor vehicle’s interface ports; and 20
(B) to the extent the motor vehicle is 21
equipped for wireless transmission of vehicle- 22
generated data over wireless technology via any 23
telematics system, provide to a motor vehicle 24
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owner (or their designee) access to their vehicle- 1
generated data— 2
(i) at a fair, reasonable, and non-3
discriminatory cost in or at the same man-4
ner, sequence, and method as any motor 5
vehicle manufacturer, affiliate of a motor 6
vehicle manufacturer, motor vehicle dealer, 7
authorized motor vehicle service provider, 8
or any other third party to which a motor 9
vehicle manufacturer gives vehicle-gen-10
erated data has access to such data; and 11
(ii) in a manner that is subject to the 12
same cryptographic or technological protec-13
tions as any motor vehicle manufacturer, 14
affiliate of a motor vehicle manufacturer, 15
motor vehicle dealer, authorized motor ve-16
hicle service provider, or any other third 17
party to whom the motor vehicle manufac-18
turer provides such data. 19
(3) R
EQUIREMENT TO MAKE CRITICAL REPAIR 20
INFORMATION, TOOLS, AND PARTS AVAILABLE FOR 21
PURCHASE BY MOTOR VEHICLE OWNERS , DESIGNEES 22
OF MOTOR VEHICLE OWNERS , AND MEMBERS OF 23
THE REPAIR INDUSTRY .—Beginning on the date 24
that is 180 days after the date of enactment of this 25
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Act, a motor vehicle manufacturer shall make avail-1
able to motor vehicle owners (and their designees), 2
aftermarket parts manufacturers, remanufacturers, 3
diagnostic tool manufacturers, and motor vehicle re-4
pair facilities (including their distributors and serv-5
ice providers), without restrictions or limitations, 6
any critical repair information, tools, and parts re-7
lated to the motor vehicles it manufactures at a fair, 8
reasonable, and non-discriminatory cost. 9
(4) P
ROHIBITION ON CERTAIN MANDATES BY 10
MOTOR VEHICLE MANUFACTURERS RELATED TO RE -11
PAIRS.— 12
(A) I
N GENERAL.—Subject to subpara-13
graph (B), a motor vehicle manufacturer shall 14
not, within any repair or maintenance service 15
procedure, recommendation, service bulletin, re-16
pair manual, position statement, software, 17
firmware, other electronic system, or other simi-18
lar repair or maintenance guide that is distrib-19
uted to consumers or to professional repair-20
ers— 21
(i) mandate the use of any particular 22
brand or manufacturer of tools, parts, or 23
other motor vehicle equipment; 24
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(ii) prohibit the use of alternative 1
parts to repair or maintain a motor vehi-2
cle; or 3
(iii) recommend the use of any par-4
ticular brand or manufacturer of tools, 5
parts, or other motor vehicle equipment 6
unless the motor vehicle manufacturer pro-7
vides a prominent notice immediately fol-8
lowing the recommendation, in the same 9
font as the recommendation and in a font 10
size no smaller than the font size used in 11
the recommendation, stating that: ‘‘Vehicle 12
owners can choose which repair tools, 13
parts, and other motor vehicle equipment 14
to purchase and should carefully consider 15
their options among different brands and 16
manufacturers.’’. 17
(B) E
XCEPTION.—The prohibition de-18
scribed in subparagraph (A) shall not apply to 19
a recall, warranty repair, or voluntary repair 20
campaign. 21
(5) C
YBERSECURITY.—Nothing in this section 22
shall preclude a motor vehicle manufacturer from 23
employing cryptographic or technological protections 24
necessary to secure vehicle-generated data, safety 25
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critical vehicle systems, and vehicles, provided that 1
such protections comply with the requirements de-2
scribed in paragraphs (1) and (2). 3
(6) D
ESIGNEE PROHIBITIONS.—A motor vehicle 4
manufacturer— 5
(A) shall not limit the number or type of 6
persons that a motor vehicle owner may des-7
ignate as simultaneous designees; and 8
(B) shall ensure that a motor vehicle 9
owner has the ability to revoke the designation 10
of a person as a designee in the same manner 11
as the motor vehicle owner designated such per-12
son as a designee. 13
(7) R
EQUIRED NOTIFICATION.—Each motor ve-14
hicle manufacturer shall provide a notification, using 15
an on-vehicle screen or through a mobile device, to 16
a motor vehicle owner when the vehicle-generated 17
data of the owner is being accessed by any designee 18
of the owner. 19
(b) N
ULLIFICATION OF ATTEMPTSTORESTRICT 20
C
OMPETITION AND CONSUMERRIGHTS.—Any provision 21
in a contract executed on or after the date of enactment 22
of this Act by or on behalf of a motor vehicle manufacturer 23
that purports to violate subsection (a) shall be null and 24
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void to the extent that it would allow the motor vehicle 1
manufacturer to avoid its obligations under subsection (a). 2
(c) P
ROPRIETARYINTERFACES.—Nothing in this sec-3
tion shall be construed— 4
(1) to require a motor vehicle dealer to use a 5
non-proprietary vehicle interface; or 6
(2) to prohibit a motor vehicle manufacturer 7
from developing a proprietary vehicle diagnostic and 8
reprogramming device, provided that the motor vehi-9
cle manufacturer— 10
(A) otherwise complies with the require-11
ments of this section; and 12
(B) makes any such proprietary device 13
available to all motor vehicle repair facilities 14
and parts and tool manufacturers upon fair and 15
reasonable terms. 16
SEC. 5. FAIR COMPETITION AFTER VEHICLES ARE SOLD 17
ADVISORY COMMITTEE. 18
(a) E
STABLISHMENT.—Not later than 90 days after 19
the date of enactment of this Act, the Commission shall 20
establish a ‘‘Fair Competition After Vehicles Are Sold Ad-21
visory Committee’’ (in this section referred to as the ‘‘Ad-22
visory Committee’’) to provide recommendations to the 23
Commission regarding the implementation of this Act and 24
best practices to eliminate any barriers to competition in 25
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the motor vehicle repair industry, including an assessment 1
of such existing and emerging barriers, as well as ensuring 2
motor vehicle owners’ control over their vehicle-generated 3
data. 4
(b) M
EMBERSHIP.— 5
(1) I
N GENERAL.—The Advisory Committee 6
shall be composed of the following members: 7
(A) The Director of the Bureau of Com-8
petition. 9
(B) The Administrator of the National 10
Highway Traffic Safety Administration. 11
(C) Eleven individuals, appointed by the 12
Chair of the Commission, from each of the fol-13
lowing: 14
(i) Independent repair facilities. 15
(ii) Motor vehicle parts retailers. 16
(iii) Motor vehicle parts distributors. 17
(iv) Original equipment parts manu-18
facturers. 19
(v) Aftermarket parts manufacturers. 20
(vi) Diagnostic tool manufacturers. 21
(vii) Motor vehicle manufacturers. 22
(viii) Vehicle dealership service cen-23
ters. 24
(ix) Consumer rights organizations. 25
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(x) Automobile insurers. 1
(xi) Trucking companies. 2
(2) C
HAIR.—The Chair of the Commission shall 3
serve as the Chair of the Advisory Committee. 4
(c) D
UTIES.—The Advisory Committee shall— 5
(1) provide recommendations to the Commis-6
sion regarding fostering industry collaboration in a 7
clear and transparent manner; 8
(2) coordinate with and include participation by 9
the private sector (including each industry described 10
in subsection (b)(1)(C)), members of the public, and 11
other interested parties; and 12
(3) assess existing and emerging barriers to 13
competitive motor vehicle repair. 14
(d) M
EETINGS.—The Advisory Committee shall meet 15
at least 3 times per year at the call of the Chair. 16
(e) R
EPORTS.— 17
(1) R
EPORT TO THE CHAIR .—Not later than 18
180 days after the first meeting of the Advisory 19
Committee, and annually thereafter, the Advisory 20
Committee shall submit to the Chair a report on ef-21
forts by each industry described in subsection 22
(b)(1)(C) to implement this Act, as well as an as-23
sessment of any existing and emerging barriers to 24
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motor vehicle repair and motor vehicle owners’ con-1
trol over their vehicle-generated data. 2
(2) R
EPORT TO CONGRESS .—Not later than 30 3
days after receiving a report under paragraph (1), 4
the Commission shall submit to the Committee on 5
Energy and Commerce of the House of Representa-6
tives and the Committee on Commerce, Science, and 7
Transportation of the Senate a copy of such report, 8
together with recommendations for such legislative 9
or administrative action as the Commission deter-10
mines appropriate. 11
(f) T
ERMINATION.—The Advisory Committee shall 12
terminate upon an agreement of a majority of the mem-13
bership, but in no case earlier than 1 year after the first 14
meeting of the Advisory Committee. The Advisory Com-15
mittee shall provide notice of its planned termination to 16
Committee on Commerce, Science, and Transportation of 17
the Senate and the Committee on Energy and Commerce 18
of the House of Representatives, not later than 30 days 19
prior to such termination and shall include a basis for the 20
termination. 21
SEC. 6. RULEMAKING. 22
(a) S
ECURITYSTANDARDS FORACCESS TOVEHICLE- 23
G
ENERATEDDATA.—Not later than 1 year after the date 24
of enactment of this Act, the Administrator of the Na-25
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tional Highway Traffic Safety Administration, in consulta-1
tion with the National Institute of Standards and Tech-2
nology, shall promulgate regulations in accordance with 3
section 553 of title 5, United States Code, to establish— 4
(1) standards for consumer access to vehicle- 5
generated data in accordance with section 4(a)(2); 6
and 7
(2) procedures to ensure the security of vehicle- 8
generated data and motor vehicles as related to the 9
access of vehicle-generated data required under this 10
Act. 11
(b) C
ONSUMERNOTIFICATION.—Not later than 2 12
years after the date of enactment of this Act, the Commis-13
sion, in coordination with the Administrator of the Na-14
tional Highway Traffic Safety Administration, shall pro-15
mulgate regulations in accordance with section 553 of title 16
5, United States Code, to require motor vehicle manufac-17
turers and motor vehicle dealers to inform motor vehicle 18
owners of their rights under this Act at the point of pur-19
chase or lease of a motor vehicle. 20
SEC. 7. ENFORCEMENT BY THE COMMISSION. 21
(a) U
NFAIR ORDECEPTIVEACTS ORPRACTICES.— 22
A violation of section 4(a) or a regulation promulgated 23
under this Act shall be treated as a violation of a rule 24
defining an unfair or deceptive act or practice under sec-25
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•S 1379 IS
tion 18(a)(1)(B) of the Federal Trade Commission Act 1
(15 U.S.C. 57a(a)(1)(B)). 2
(b) P
OWERS OF THECOMMISSION.— 3
(1) I
N GENERAL.—The Commission shall en-4
force this Act in the same manner, by the same 5
means, and with the same jurisdiction, powers, and 6
duties as though all applicable terms and provisions 7
of the Federal Trade Commission Act (15 U.S.C. 41 8
et seq.) were incorporated into and made a part of 9
this Act. 10
(2) P
RIVILEGES AND IMMUNITIES .—Any person 11
who violates this Act or a regulation promulgated 12
thereunder shall be subject to the penalties and enti-13
tled to the privileges and immunities provided in the 14
Federal Trade Commission Act (15 U.S.C. 41 et 15
seq.). 16
(3) A
UTHORITY PRESERVED .—Nothing in this 17
Act shall be construed to limit the authority of the 18
Commission under any other provision of law. 19
(4) R
ULEMAKING.—The Commission shall pro-20
mulgate in accordance with section 553 of title 5, 21
United States Code, such rules as may be necessary 22
to carry out this Act. 23
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•S 1379 IS
SEC. 8. CONSUMER COMPLAINTS. 1
(a) I
NGENERAL.—Not later than 90 days after the 2
date of enactment of this Act, the Commission shall estab-3
lish a mechanism to receive complaints regarding alleged 4
violations of this Act by a motor vehicle manufacturer. 5
(b) N
OTIFICATION TO AND RESPONSEFROM A 6
M
OTORVEHICLEMANUFACTURER.—Upon receiving a 7
complaint though the mechanism established under sub-8
section (a), the Commission shall forward the complaint 9
to the motor vehicle manufacturer named in the com-10
plaint, and request that such motor vehicle manufacturer 11
answer the complaint in writing within a reasonable time, 12
as specified by the Commission, but in no case shall such 13
time period exceed 30 days from the motor vehicle manu-14
facturer’s receipt of the complaint. 15
(c) I
NVESTIGATION BY THE COMMISSION.— 16
(1) I
N GENERAL.—If the motor vehicle manu-17
facturer does not answer within the time period 18
specified by the Commission under subsection (b), 19
the Commission shall investigate the matters com-20
plained of in such manner and by such means as the 21
Commission shall consider proper. 22
(2) S
PECIAL RULE.—In investigating a com-23
plaint under this section, the Commission may not 24
dismiss such complaint due to the absence of direct 25
damage to the person submitting such complaint. 26
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•S 1379 IS
(3) DEADLINE FOR ORDERS BY THE COMMIS -1
SION.—The Commission shall, with respect to any 2
investigation of complaint of a violation of this Act 3
or a regulation promulgated thereunder, issue an 4
order concluding such investigation within 5 months 5
after the date on which the complaint was filed. Any 6
order concluding an investigation under this para-7
graph shall be a final order and may be appealed to 8
the United States District Court for the District of 9
Columbia. 10
SEC. 9. REPORT TO CONGRESS. 11
Not later than 2 years after the date of enactment 12
of this Act, and biennially thereafter, the Commission 13
shall submit to the Committee on Commerce, Science, and 14
Transportation of the Senate and the Committee on En-15
ergy and Commerce of the House of Representatives a re-16
port that includes— 17
(1) a summary of investigations conducted and 18
orders issued under section 8, including— 19
(A) a description of any unfair practice re-20
lating to repair and data access restrictions; 21
and 22
(B) a summary of best practices from 23
stakeholders; and 24
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•S 1379 IS
(2) a description of any action the Commission 1
is taking to— 2
(A) adapt to changes and advances in 3
motor vehicle technology to maintain competi-4
tion in the motor vehicle aftermarket; and 5
(B) ensure motor vehicle owners’ control 6
over their vehicle-generated data. 7
SEC. 10. RELATIONSHIP WITH OTHER LAWS. 8
(a) P
REEMPTION OF OTHERSTATELAWS.—No 9
State or political subdivision of a State may adopt, main-10
tain, enforce, impose, or continue in effect a law, regula-11
tion, rule, standard, prohibition, requirement, or other 12
provision having the force and effect of law that is covered 13
by the provisions of this Act, or a rule, regulation, or re-14
quirement promulgated under this Act. 15
(b) F
IELDPREEMPTION.—This Act shall preempt 16
any State law, rule, or regulation that mandates the use 17
of any particular brand or manufacturer of tools, parts, 18
or other motor vehicle equipment, or prohibits the use of 19
any aftermarket parts, recycled parts, or remanufactured 20
parts solely on the basis of such parts being aftermarket 21
parts, recycled parts, or remanufactured parts, for the 22
purpose of maintaining, diagnosing, or repairing a motor 23
vehicle. 24
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•S 1379 IS
SEC. 11. SEVERABILITY. 1
If any provision of this Act, or the application thereof 2
to any person or circumstance, is held invalid, the remain-3
der of this Act, and the application of such provision to 4
other persons not similarly situated or to other cir-5
cumstances, shall not be affected by the invalidation. 6
Æ
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