Sets forth protections for trade secrets. States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.
Authorizes a vehicle owner or repair facility to bring a civil action in Federal district court for violations of this Act without regard to the amount in controversy or the citizenship of the parties.
Instructs the FTC to prescribe a uniform methodology for manufacturer disclosure in writing, and on the Internet.
Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency regarding motor vehicle emissions control diagnostics systems.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 2617 Introduced in Senate (IS)]
107th CONGRESS
2d Session
S. 2617
To protect the rights of American consumers to diagnose, service, and
repair motor vehicles purchased in the United States, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 13, 2002
Mr. Wellstone (for himself and Mr. Dayton) 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 American consumers to diagnose, service, and
repair motor vehicles purchased in the United States, 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 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress makes the following findings:
(1) The ability to diagnose, service, and repair a motor
vehicle in a timely, reliable, and affordable manner is
essential to the safety and well-being of automotive consumers
in the United States.
(2) Consumers are entitled to choose among competing repair
facilities for the convenient, reliable, and affordable repair
of their motor vehicles.
(3) Increased competition among repair facilities will
benefit vehicle owners in the United States.
(4) Computers of various kinds are increasingly being used
in motor vehicle systems, such as pollution control,
transmission, antilock brakes, electronic and mechanical
systems, heating and air-conditioning, sound, and steering.
(5) The diagnosis, service, and repair of vehicle systems
are essential to the safety and proper operation of modern
motor vehicles.
(6) In many instances, access codes prevent owners from
making, or having made, the necessary diagnosis, service, and
repair of their motor vehicles in a timely, convenient,
reliable, and affordable manner.
(7) Consumers in the United States have benefited from the
availability of an aftermarket parts supply, or parts and
accessories used in the repair, maintenance, or enhancement of
a motor vehicle. The American economy has also benefitted from
the availability of an aftermarket parts supply that provides
jobs to over 5,000,000 workers in 495,000 businesses, and
generates $200,000,000,000 in annual sales.
(8) It is appropriate for public policy to ensure that
vehicle owners in the United States have the right--
(A) to obtain all information necessary to allow
the diagnosis, service, and repair of their vehicles;
(B) to choose between original parts and
aftermarket parts when repairing their motor vehicles;
and
(C) to make, or have made, repairs necessary to
keep their vehicles in reasonably good and serviceable
condition during the expected vehicle life.
(9) The restriction of access to vehicle repair information
limits who can repair motor vehicles and what parts may be used
to repair motor vehicles, which in turn limits consumer choice
and thus limits competition.
(10) Congress has provided the Federal Trade Commission
with broad authority to make and enforce rules to foster
competition, to prevent unfair methods of competition in
commerce, and to protect consumers.
(b) Purposes.--The purposes of this Act are as follows:
(1) To require the Federal Trade Commission to prescribe
and enforce rules necessary to ensure the right of a motor
vehicle owner to obtain all information required for the
diagnosis, service, and repair of the motor vehicle.
(2) To ensure the safety of all vehicle owners by requiring
disclosure of all information necessary for the proper
diagnosis, service, and repair of a vehicle in a timely,
affordable, and reliable manner.
(3) To encourage competition in the diagnosis, service, and
repair of motor vehicles.
SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.
(a) Duty To Disclose.--In accordance with rules prescribed by the
Federal Trade Commission under section 6, the manufacturer of a motor
vehicle sold or introduced into commerce in the United States shall
promptly provide to the vehicle owner, to a repair facility of the
vehicle, and to the Commission for use by any such vehicle owner or
repair facility, the information necessary to diagnose, service, or
repair the vehicle. Such information shall include--
(1) information necessary to integrate replacement
equipment into the vehicle; and
(2) other information of any kind used to diagnose,
service, repair, activate, certify, or install any motor
vehicle equipment (including replacement equipment) in a motor
vehicle.
(b) Protection of Trade Secrets.--
(1) Determination by federal trade commission.--The Federal
Trade Commission may not require a manufacturer to publicly
disclose information that, if made public, would divulge
methods or processes entitled to protection as trade secrets of
that manufacturer, but may require disclosure of such
information to the Commission for the purpose of determining
whether such information is entitled to such protection. Such
determination shall be made on the record after an opportunity
for an agency hearing.
(2) Previously disclosed information.--No such information
may be withheld by a manufacturer if that information is
provided (directly or indirectly) to franchised dealers or
other repair facilities.
SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
The failure by a manufacturer to provide the information required
by section 3(a) constitutes an unfair method of competition and an
unfair or deceptive act or practice in or affecting commerce (within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1))). Violation of a rule prescribed under section 6(a)
constitutes 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)).
SEC. 5. PRIVATE RIGHT OF ACTION.
A vehicle owner or repair facility may bring a civil action to
enjoin a violation of this Act and to recover the costs of litigation
(including reasonable attorney and expert witness fees). Such an action
may be brought in the district court of the United States for the
district in which such owner resides or such repair facility does
business, without regard to the amount in controversy or the
citizenship of the parties.
SEC. 6. RULEMAKING.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Federal Trade Commission shall prescribe
rules setting forth a uniform method by which a manufacturer shall
provide the information required by section 3(a), including disclosure
in writing, on the Internet, or in any other manner, or under such
terms, as the Commission determines may be appropriate. Such rules
shall take effect for vehicles manufactured after model year 1994.
(b) 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. 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 ``vehicle owner'' means 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 ``repair facility'' means a person engaged in
the repair, diagnosing, or servicing 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.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S5536-5537)
Read twice and referred to the Committee on Commerce, Science, and Transportation.
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