REPAIR Act Right to Equitable and Professional Auto Industry Repair Act

I 119TH CONGRESS 1ST SESSION H. R. 1566 To ensure consumers have access to data relating to motor vehicles of the consumers and critical repair information and tools for such motor vehi- cles, to provide such consumers with choices for the maintenance, service, and repair of such vehicles, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 25, 2025 Mr. D UNN of Florida (for himself, Ms. P EREZ, Mr. D AVIDSON, Mr. B OYLE of Pennsylvania, Mrs. H ARSHBARGER, Mr. T ONKO, Mr. N UNN of Iowa, Mr. M ULLIN, Mr. T HOMPSON of Pennsylvania, Mr. L ANDSMAN, Mr. AMODEI of Nevada, Ms. P ETTERSEN, Mr. B OST, Ms. N ORTON, Mr. ROSE, and Mr. K HANNA) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure consumers have access to data relating to motor vehicles of the consumers and critical repair information and tools for such motor vehicles, to provide such con- sumers with choices for the maintenance, service, and repair of such vehicles, and for other purposes. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 2 •HR 1566 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Right to Equitable and 2 Professional Auto Industry Repair Act’’ or the ‘‘REPAIR 3 Act’’. 4 SEC. 2. MAINTAINING COMPETITION AND DATA PRIVACY 5 AFTER CONSUMERS PURCHASE MOTOR VEHI-6 CLES. 7 (a) IN GENERAL.— 8 (1) P ROHIBITION ON MOTOR VEHICLE MANU -9 FACTURERS WITHHOLDING VEHICLE -GENERATED 10 DATA, CRITICAL REPAIR INFORMATION , AND 11 TOOLS.—A motor vehicle manufacturer may not em-12 ploy any technological barrier or specified legal bar-13 rier that impairs the ability of— 14 (A) a motor vehicle owner (or a designee 15 of a motor vehicle owner) to access vehicle-gen-16 erated data pursuant to paragraph (2); 17 (B) a motor vehicle owner (or a designee 18 of a motor vehicle owner), an aftermarket parts 19 manufacturer, a diagnostic tool manufacturer, a 20 manufacturer of motor vehicle equipment, an 21 aftermarket parts remanufacturer, or a motor 22 vehicle repair facility (or a distributor or service 23 provider of a motor vehicle repair facility) to ac-24 cess critical repair information and tools; 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 3 •HR 1566 IH (C) a motor vehicle owner (or a designee of 1 a motor vehicle owner) to use a motor vehicle 2 towing or service provider chosen by such owner 3 (or such designee); 4 (D) an aftermarket parts manufacturer, a 5 motor vehicle equipment manufacturer, an 6 aftermarket parts remanufacturer, or a motor 7 vehicle repair facility (or a distributor or service 8 provider of a motor vehicle repair facility) to 9 produce or offer compatible aftermarket parts; 10 or 11 (E) a motor vehicle owner (or a designee 12 of a motor vehicle owner) to diagnose, repair, 13 and maintain a motor vehicle in the same man-14 ner as any motor vehicle manufacturer or motor 15 vehicle dealer. 16 (2) R EQUIREMENT TO PROVIDE VEHICLE -GEN-17 ERATED DATA TO MOTOR VEHICLE OWNERS .—A 18 motor vehicle manufacturer shall— 19 (A) provide for a motor vehicle owner (or 20 a designee of a motor vehicle owner), without 21 restriction or limitation, in or at the same man-22 ner, time, method, cost (less discounts and re-23 bates), data content set, and subject to the 24 same cryptographic or technological protections 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 4 •HR 1566 IH as any motor vehicle manufacturer, motor vehi-1 cle dealer, authorized motor vehicle service pro-2 vider, or any other third party to whom such 3 manufacturer provides vehicle-generated data, 4 to have access to vehicle-generated data— 5 (i) through and including the interface 6 ports of the motor vehicle (including OBD 7 port and J–1939); and 8 (ii) to the extent such vehicle is 9 equipped for wireless transmission of such 10 data, over wireless technology via any 11 telematics system; and 12 (B) make available to motor vehicle owners 13 (or designees of motor vehicle owners), 14 aftermarket parts manufacturers, aftermarket 15 parts remanufacturers, diagnostic tool manufac-16 turers, and motor vehicle repair facilities (and 17 the distributors and service providers of such 18 facilities) without restriction or limitation, in or 19 at the same manner, time, method, cost (less 20 discounts and rebates), data content set, and 21 subject to the same cryptographic or techno-22 logical protections, as any motor vehicle manu-23 facturer, motor vehicle dealer, authorized motor 24 vehicle service provider, or any other third 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 5 •HR 1566 IH party to whom such manufacturer provides ve-1 hicle-generated data, any critical repair infor-2 mation and tools related to the motor vehicles 3 such manufacturer manufactures. 4 (3) P ROHIBITION ON CERTAIN MANDATES RE -5 LATED TO REPAIRS .—Except for recall and warranty 6 repairs, repair or maintenance service procedures, 7 recommendations, service bulletins, repair manuals, 8 position statements, or other similar repair or main-9 tenance guides that are distributed to consumers or 10 to professional repairers, a motor vehicle manufac-11 turer may not— 12 (A) mandate or imply a mandate to use 13 any particular brand or manufacturer of parts, 14 tools, or motor vehicle equipment; or 15 (B) recommend the use of any particular 16 brand or manufacturer of parts, tools, or motor 17 vehicle equipment without a prominent notice 18 immediately following the recommendation, in 19 the same font as the recommendation and in a 20 font size no smaller than the font size used in 21 the recommendation, stating that: ‘‘Vehicle 22 owners can choose which repair parts, tools, 23 and motor vehicle equipment to purchase and 24 should carefully consider their options.’’. 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 6 •HR 1566 IH (4) P ROHIBITION ON CERTAIN LIMITATIONS .— 1 Motor vehicle manufacturers may not limit the num-2 ber or types of persons who a motor vehicle owner 3 may designate as simultaneous designees under this 4 subsection. 5 (5) L IMITATION.—A motor vehicle manufac-6 turer, including any affiliate of such manufacturer 7 and any person working on behalf of such manufac-8 turer, may not be considered or treated in the same 9 way as the motor vehicle owner (or a designee of the 10 motor vehicle owner) for any purpose, except for in-11 clusion in notifications of persistent access to vehi-12 cle-generated data. 13 (6) R ULES OF CONSTRUCTION .—Nothing in 14 this Act may be construed to— 15 (A) limit or expand any law or right relat-16 ing to intellectual property; 17 (B) require a motor vehicle manufacturer 18 to divulge any trade secret (as defined in sec-19 tion 1839 of title 18, United States Code) that 20 is not made available to motor vehicle owners 21 (or designees of motor vehicle owners), 22 aftermarket parts manufacturers, aftermarket 23 parts remanufacturers, diagnostic tool manufac-24 turers, and motor vehicle repair facilities (and 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 7 •HR 1566 IH the distributors and service providers of such 1 facilities) pursuant to paragraph (2)(B); or 2 (C) preclude a motor vehicle manufacturer 3 from employing cryptographic or technological 4 protections necessary to secure vehicle-gen-5 erated data, safety critical vehicle systems, and 6 motor vehicles. 7 (7) R EQUIREMENTS FOR PERSONS RECEIVING 8 VEHICLE-GENERATED DATA .— 9 (A) R EVOCATION OF DESIGNATION .—A 10 motor vehicle owner may revoke the designation 11 of a designee of such owner in the same manner 12 that such designee is designated and without 13 any unreasonable or deceptive burden or barrier 14 on such owner. 15 (B) R EQUEST TO DELETE DATA .—Except 16 as provided in subparagraph (D), a person who 17 accesses vehicle-generated data shall delete such 18 data not later than 72 hours after the relevant 19 motor vehicle owner requests (digitally or in 20 writing) the person to do so, with the exception 21 of such data that is necessary to retain for 22 motor vehicle maintenance record-keeping, ac-23 counting, and safety purposes. 24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 8 •HR 1566 IH (C) U SE OF DATA .—Except as provided in 1 subparagraph (D), a person who accesses or 2 stores vehicle-generated data— 3 (i) may not use such data for any 4 purpose unrelated to the diagnostics, re-5 pair, service, wear, and calibration or re-6 calibration of parts and systems of the 7 motor vehicle as such services are re-8 quested by the motor vehicle owner; and 9 (ii) may not sell, license, or transfer 10 such data to any other person, except as 11 requested or consented to by the motor ve-12 hicle owner for the purpose of diagnostics, 13 repair, service, wear, and calibration or re-14 calibration of parts and systems of the 15 motor vehicle. 16 (D) R ESEARCH AND DEVELOPMENT EX -17 CEPTION.— 18 (i) R ESEARCH AND DEVELOPMENT .— 19 Notwithstanding subparagraphs (B) and 20 (C), a manufacturer of motor vehicles, 21 parts, or tools may use and retain vehicle- 22 generated data in a de-identified form for 23 purposes of research and development re-24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 9 •HR 1566 IH lated to the manufacture or service of such 1 motor vehicles, parts, or tools. 2 (ii) D ATA IN A DE -IDENTIFIED FORM 3 DEFINED.—In this paragraph, the term 4 ‘‘data in a de-identified form’’ means infor-5 mation that does not identify and is not 6 linked or reasonably linkable to a distinct 7 individual or motor vehicle, regardless of 8 whether the information is aggregated, and 9 with respect to which the manufacturer of 10 the motor vehicle, parts, or tools— 11 (I) takes reasonable technical 12 measures to ensure that the informa-13 tion cannot, at any point, be used to 14 re-identify an individual or device that 15 identifies or is linked or reasonably 16 linkable to an individual; 17 (II) publicly commits in a clear 18 and conspicuous manner— 19 (aa) to process and transfer 20 the information solely in a de- 21 identified form without any rea-22 sonable means for re-identifica-23 tion; and 24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 10 •HR 1566 IH (bb) to not attempt to re- 1 identify the information with any 2 individual or any device that 3 identifies or is linked or reason-4 ably linkable to an individual; 5 and 6 (III) contractually obligates any 7 person or entity who receives the in-8 formation from such manufacturer— 9 (aa) to comply with each 10 provision of this clause with re-11 spect to the information; and 12 (bb) to require that such ob-13 ligation is included contractually 14 in any subsequent instance in 15 which the information may be re-16 ceived by such person or entity. 17 (b) N ULLIFICATION OF ATTEMPTS TO RESTRICT 18 COMPETITION AND CONSUMER RIGHTS.—Any provision 19 in a contract executed on or after the date of the enact-20 ment of this Act by or on behalf of a motor vehicle manu-21 facturer that purports to violate subsection (a) shall be 22 null and void to the extent that such provision would allow 23 the motor vehicle manufacturer to avoid the prohibitions 24 and requirements described in subsection (a). 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 11 •HR 1566 IH SEC. 3. FAIR COMPETITION AFTER VEHICLES ARE SOLD 1 ADVISORY COMMITTEE. 2 (a) E STABLISHMENT.—Not later than 90 days after 3 the date of the enactment of this Act, the Commission 4 shall establish an advisory committee to be known as the 5 ‘‘Fair Competition After Vehicles Are Sold Advisory Com-6 mittee’’ (in this section referred to as the ‘‘Advisory Com-7 mittee’’). 8 (b) CHAIR.—The Chair of the Commission (or a des-9 ignee of the Chair) shall serve as the head of the Advisory 10 Committee. 11 (c) MEMBERSHIP.—The Advisory Committee shall be 12 composed of the following members: 13 (1) The Director of the Bureau of Competition 14 (or a designee of the Director). 15 (2) The Administrator of the National Highway 16 Traffic Safety Administration (or a designee of the 17 Administrator). 18 (3) 11 individuals, appointed by the Chair of 19 the Commission, to be comprised of 1 individual 20 from each of the following: 21 (A) Independent motor vehicle repair facili-22 ties. 23 (B) Motor vehicle parts retailers. 24 (C) Motor vehicle parts distributors. 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 12 •HR 1566 IH (D) Original motor vehicle equipment parts 1 manufacturers. 2 (E) Aftermarket parts manufacturers. 3 (F) Aftermarket tools manufacturers. 4 (G) Motor vehicle manufacturers. 5 (H) Motor vehicle dealership service cen-6 ters. 7 (I) Consumer rights organizations. 8 (J) Automobile insurers. 9 (K) Trucking companies. 10 (d) F UNCTION.—The Advisory Committee shall pro-11 vide recommendations to the Commission on— 12 (1) the implementation of this Act; 13 (2) competition issues after motor vehicles are 14 sold, including such issues facing the motor vehicle 15 repair industry (especially existing and emerging 16 barriers related to motor vehicle repair); and 17 (3) how to ensure motor vehicle owners main-18 tain control over the vehicle-generated data of the 19 motor vehicles of such owners. 20 (e) DUTIES.—In carrying out the function described 21 in subsection (c), the Advisory Committee shall— 22 (1) foster industry collaboration in a clear and 23 transparent manner; 24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 13 •HR 1566 IH (2) coordinate with and include participation by 1 the private sector, including representatives of— 2 (A) independent motor vehicle repair facili-3 ties; 4 (B) motor vehicle parts retailers; 5 (C) motor vehicle parts distributors; 6 (D) original motor vehicle equipment parts 7 manufacturers; 8 (E) aftermarket parts manufacturers; 9 (F) aftermarket tools manufacturers; 10 (G) motor vehicle manufacturers; 11 (H) motor vehicle dealership service cen-12 ters; 13 (I) consumer rights organizations; 14 (J) automobile insurers; 15 (K) trucking companies; 16 (L) members of the public; and 17 (M) other interested parties; and 18 (3) assess existing and emerging barriers to 19 competitive motor vehicle repair. 20 (f) MEETINGS.—The Advisory Committee shall meet 21 not fewer than 3 times per year at the call of the head. 22 (g) REPORTS.— 23 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 14 •HR 1566 IH (1) C ONTENTS.—On at least an annual basis, 1 the Advisory Committee shall issue a report to the 2 Commission that includes— 3 (A) a description of efforts by the indus-4 tries represented within the Advisory Com-5 mittee to comply with this Act; and 6 (B) an assessment of existing and emerg-7 ing barriers to motor vehicle repair and control 8 of motor vehicle owners over the vehicle-gen-9 erated data of the motor vehicles of such own-10 ers, including whether additional types of data 11 should be included in the definition of vehicle- 12 generated data. 13 (2) SUBMISSION.—Not later than 30 days after 14 the date on which the Commission receives a report 15 issued pursuant to paragraph (1), the Commission 16 shall submit a copy of the report to the Committee 17 on Energy and Commerce of the House of Rep-18 resentatives and the Committee on Commerce, 19 Science, and Transportation of the Senate. 20 (h) TERMINATION.— 21 (1) P ROCESS.—The Advisory Committee shall 22 terminate upon an agreement of a majority of the 23 membership. 24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 15 •HR 1566 IH (2) N OTICE.—Not later than 30 days prior to 1 the date on which the Advisory Committee termi-2 nates, the Advisory Committee shall provide notice 3 of and a basis for the termination to the Committee 4 on Energy and Commerce of the House of Rep-5 resentatives and the Committee on Commerce, 6 Science, and Transportation of the Senate. 7 SEC. 4. RULEMAKING. 8 Not later than 180 days after the date of the enact-9 ment of this Act, the National Highway Traffic Safety Ad-10 ministration, in consultation with the Commission, shall 11 promulgate, under section 553 of title 5, United States 12 Code, regulations to require motor vehicle manufacturers 13 and motor vehicle dealers to inform motor vehicle owners 14 about the rights of such owners under this Act at the point 15 of purchase of a motor vehicle. 16 SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION. 17 (a) U NFAIR OR DECEPTIVE ACTS OR PRACTICES.— 18 A violation of this Act or a regulation promulgated under 19 this Act shall be treated as a violation of a regulation 20 under section 18(a)(1)(B) of the Federal Trade Commis-21 sion Act (15 U.S.C. 57a(a)(1)(B)) regarding unfair or de-22 ceptive acts or practices. 23 (b) P OWERS OF COMMISSION.—The Commission 24 shall enforce this Act and any regulation promulgated 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 16 •HR 1566 IH under this Act in the same manner, by the same means, 1 and with the same jurisdiction, powers, and duties as 2 though all applicable terms and provisions of the Federal 3 Trade Commission Act (15 U.S.C. 41 et seq.) were incor-4 porated into and made a part of this Act, and any person 5 who violates this Act or a regulation promulgated under 6 this Act shall be subject to the penalties and entitled to 7 the privileges and immunities provided in the Federal 8 Trade Commission Act. 9 (c) COMPLAINT PROCESS.— 10 (1) F ILING BY COMPLAINANT .—Any person al-11 leging any action taken or refused to be taken by 12 any party subject to this Act in violation of this Act 13 may file a complaint with the Commission briefly 14 stating the facts of such allegation. 15 (2) N OTIFICATION AND RESPONSE .—Upon re-16 ceiving a complaint filed pursuant to paragraph (1), 17 the Commission shall forward the complaint to the 18 party named in the complaint and request that such 19 party answer such complaint in writing within a rea-20 sonable time determined by the Commission. 21 (3) FURTHER ACTION .— 22 (A) R ELIEF OF LIABILITY .—If the party 23 named in the complaint ceases the conduct al-24 leged in such complaint and otherwise makes 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 17 •HR 1566 IH reparation for any harm or injury alleged to 1 have been caused within the time determined 2 pursuant to paragraph (2), the party shall be 3 relieved of liability to the complainant only for 4 such allegation. 5 (B) A DDITIONAL INVESTIGATION .—If the 6 party named in the complaint does not satisfy 7 the complaint as described in subparagraph (A) 8 within the time determined pursuant to para-9 graph (2) or if there is any reasonable ground 10 for continuing to investigate such complaint, 11 the Commission shall investigate the allegation 12 described in such complaint in such manner 13 and by such means as the Commission deter-14 mines proper. 15 (C) C LARIFICATION.—A complaint may 16 not be dismissed because of the absence of di-17 rect damage to the complainant. 18 (4) ORDERS BY COMMISSION .— 19 (A) D EADLINE.—The Commission, with 20 respect to any investigation of a complaint filed 21 pursuant to paragraph (1), shall issue an order 22 concluding such investigation not later 5 23 months after the date on which the complaint 24 was filed. 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 18 •HR 1566 IH (B) A PPELLATE PROCESS .—Any order 1 concluding an investigation pursuant to sub-2 paragraph (A) shall be a final order and may 3 be appealed to the United States District Court 4 for the District Court of Columbia. 5 SEC. 6. DEFINITIONS. 6 In this Act: 7 (1) AFTERMARKET PART .— 8 (A) I N GENERAL .—The term ‘‘aftermarket 9 part’’ means any part offered for sale or for in-10 stallation in or on a motor vehicle after such ve-11 hicle has left the production line of the motor 12 vehicle manufacturer. 13 (B) EXCLUSIONS.—Such term does not in-14 clude any original motor vehicle equipment or 15 part manufactured for a motor vehicle manu-16 facturer. 17 (2) A GENCY.—The term ‘‘agency’’ has the 18 meaning given that term in section 551 of title 5, 19 United States Code. 20 (3) A UTHORIZED MOTOR VEHICLE SERVICE 21 PROVIDER.—The term ‘‘authorized motor vehicle 22 service provider’’ means a person who— 23 (A) has an arrangement with a motor vehi-24 cle manufacturer under which the motor vehicle 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 19 •HR 1566 IH manufacturer grants to the individual or busi-1 ness a license to use a trade name, service 2 mark, or other proprietary identifier for the 3 purpose of offering the service of diagnosis, 4 maintenance, or repair of a motor vehicle under 5 the name of the motor vehicle manufacturer; or 6 (B) has another arrangement with the 7 motor vehicle manufacturer to offer such serv-8 ices on behalf of the motor vehicle manufac-9 turer. 10 (4) AUTOMATED DRIVING SYSTEM .— 11 (A) I N GENERAL .—The term ‘‘automated 12 driving system’’ means the hardware and soft-13 ware that collectively are capable of performing 14 the entire dynamic driving task on a sustained 15 basis, regardless of whether such hardware and 16 software are limited to a specific operational de-17 sign domain. 18 (B) I NCLUSIONS.—Such term includes 19 motor vehicles designed to be operated exclu-20 sively by a Level 4 or 5 automated driving sys-21 tem (as defined by the SAE International 22 standard J3016, published on April 30, 2021, 23 or subsequently adopted by the Secretary) for 24 all trips. 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 20 •HR 1566 IH (C) EXCLUSIONS.—Such term does not in-1 clude motor vehicle components not specifically 2 and solely related to a dynamic driving task. 3 (5) BARRIER.—The term ‘‘barrier’’ means a re-4 striction that prohibits, makes more difficult, or 5 tends to make more difficult the ability of a person 6 to exercise rights under this Act. 7 (6) C HAIR.—The term ‘‘Chair’’ means the 8 Chair of the Commission. 9 (7) C OMMISSION.—The term ‘‘Commission’’ 10 means the Federal Trade Commission. 11 (8) C RITICAL REPAIR INFORMATION AND 12 TOOLS.—The term ‘‘critical repair information and 13 tools’’ means all of the technical and compatibility 14 information, tools, equipment, wiring diagrams, 15 parts nomenclature and descriptions, parts catalogs, 16 repair procedures, training materials, software, and 17 technology, including information related to 18 diagnostics, repair, service, and calibration or re-19 calibration of parts and systems, necessary to return 20 a motor vehicle to operational specifications. 21 (9) DYNAMIC DRIVING TASK .— 22 (A) I N GENERAL .—The term ‘‘dynamic 23 driving task’’ means all of the real-time oper-24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 21 •HR 1566 IH ational and tactical functions required to oper-1 ate a motor vehicle in on-road traffic. 2 (B) EXCLUSIONS.—Such term does not in-3 clude strategic functions, such as the scheduling 4 of trips and the selection of destinations and 5 waypoints. 6 (10) I NSURER.—The term ‘‘insurer’’ has the 7 meaning given that term in section 313(r) of title 8 31, United States Code. 9 (11) MOTOR VEHICLE .— 10 (A) I N GENERAL .—The term ‘‘motor vehi-11 cle’’ has the meaning— 12 (i) given that term in section 13 30102(a) of title 49, United States Code; 14 and 15 (ii) given the term ‘‘trailer’’ in section 16 390 of title 49, Code of Federal Regula-17 tions. 18 (B) E XCLUSION.—Such term does not in-19 clude a vehicle equipped with an automated 20 driving system. 21 (12) M OTOR VEHICLE DEALER .—The term 22 ‘‘motor vehicle dealer’’ means a dealer (as defined in 23 section 30102(a) of title 49, United States Code) 24 who has an agreement with a motor vehicle manu-25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 22 •HR 1566 IH facturer related to the diagnostics, repair, or service 1 of a motor vehicle. 2 (13) M OTOR VEHICLE EQUIPMENT .—The term 3 ‘‘motor vehicle equipment’’ has the meaning given 4 that term in section 30102(a) of title 49, United 5 States Code. 6 (14) M OTOR VEHICLE MANUFACTURER .—The 7 term ‘‘motor vehicle manufacturer’’ means an entity 8 that manufactures a motor vehicle (as defined in 9 section 30102(a) of title 49, United States Code). 10 (15) MOTOR VEHICLE OWNER .— 11 (A) I N GENERAL .—The term ‘‘motor vehi-12 cle owner’’ means a person with a present pos-13 sessive ownership right in a motor vehicle. 14 (B) EXCLUSIONS.—Such term does not in-15 clude— 16 (i) a motor vehicle manufacturer; or 17 (ii) a person operating on behalf of— 18 (I) a motor vehicle manufacturer; 19 (II) a motor vehicle financing 20 company; 21 (III) a motor vehicle dealer; or 22 (IV) a motor vehicle lessor. 23 (16) M OTOR VEHICLE REPAIR FACILITY .—The 24 term ‘‘motor vehicle repair facility’’ means any per-25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 23 •HR 1566 IH son who, in the ordinary course of business, is en-1 gaged in the business of diagnosis, service, mainte-2 nance, repair, or calibration or recalibration of 3 motor vehicles or motor vehicle equipment. 4 (17) P ERSON.—The term ‘‘person’’ means an 5 individual, trust, estate, partnership, association, 6 company, or corporation. 7 (18) R EMANUFACTURER.—The term ‘‘remanu-8 facturer’’ means a person who uses a standardized 9 industrial process by which previously sold, worn, or 10 non-functional products are returned to same-as-new 11 (or better) condition and performance in a process 12 that is in line with specific technical specifications 13 (including engineering, quality, and testing stand-14 ards) and yields fully warranted products. 15 (19) S ERVICE PROVIDER .—The term ‘‘service 16 provider’’ means any designee of a motor vehicle 17 owner or motor vehicle repair facility employed by 18 such motor vehicle owner or motor vehicle repair fa-19 cility to assist with the diagnosis and repair of a 20 motor vehicle, including the diagnosis and repair of 21 wireless and remote technologies or any other wire-22 less and remote services comparable to such pro-23 vided by a motor vehicle manufacturer. 24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 24 •HR 1566 IH (20) S PECIFIED LEGAL BARRIER .—The term 1 ‘‘specified legal barrier’’ means— 2 (A) a request for a waiver of the right of 3 a motor vehicle owner under this Act to use a 4 motor vehicle repair facility of the choosing of 5 such owner; 6 (B) a requirement for such a waiver as a 7 condition for purchasing, leasing, operating, or 8 obtaining warranty repairs for a motor vehicle; 9 or 10 (C) an offer for such owner to receive any 11 compensation or other incentive for such a 12 waiver. 13 (21) T ECHNOLOGICAL BARRIER .—The term 14 ‘‘technological barrier’’ means any technological re-15 striction that prohibits, makes more difficult, or 16 tends to make more difficult the ability of a person 17 to exercise rights under this Act. 18 (22) T ELEMATICS SYSTEM .—The term 19 ‘‘telematics system’’ means any system in a motor 20 vehicle that collects vehicle-generated data and 21 transmits such data using wireless communications 22 to a remote receiving point where such data is 23 stored. 24 (23) VEHICLE-GENERATED DATA .— 25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 25 •HR 1566 IH (A) I N GENERAL .—The term ‘‘vehicle-gen-1 erated data’’ means any direct, real-time, in-ve-2 hicle data generated, or generated and retained, 3 by the operation of a motor vehicle related to 4 diagnostics, repair, service, wear, and calibra-5 tion or recalibration of parts and systems re-6 quired to return such vehicle to operational 7 specifications in compliance with Federal motor 8 vehicle safety and emissions laws, regulations, 9 and standards. 10 (B) E XCLUSIONS.—The term vehicle-gen-11 erated data does not include— 12 (i) diagnostics, repair, service, wear, 13 and calibration or recalibration of parts 14 and systems required to return an auto-15 mated driving system to operational speci-16 fications; or 17 (ii) any personally identifiable infor-18 mation. 19 SEC. 7. REPORT TO CONGRESS. 20 Not later than 2 years after the date of the enact-21 ment of this Act, and every 2 years thereafter, the Com-22 mission shall submit to the Committee on Energy and 23 Commerce of the House of Representatives and the Com-24 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 26 •HR 1566 IH mittee on Commerce, Science, and Transportation of the 1 Senate a report that includes— 2 (1) a summary of investigations conducted and 3 orders issued pursuant to section 5(c), including de-4 scriptions of unfair practices relating to repair and 5 data access restrictions and a summary of best prac-6 tices from stakeholders; 7 (2) actions by the Commission to adapt to 8 changes and advances in motor vehicle technology to 9 maintain competition in the motor vehicle 10 aftermarket and to ensure motor vehicle owners 11 maintain control over the vehicle-generated data of 12 the motor vehicles of such owners; and 13 (3) any recommendations by the Commission 14 for legislation that would improve the ability of the 15 Commission and other relevant agencies to further 16 protect consumers from unfair acts limiting competi-17 tion in motor vehicle repair and strengthen con-18 sumer control over vehicle-generated data. 19 SEC. 8. RELATIONSHIP TO STATE LAWS. 20 A State, or political subdivision of a State, may not 21 maintain, enforce, prescribe, or continue in effect any law, 22 rule, regulation, requirement, standard, or other provision 23 having the force and effect of a law of the State, or polit-24 ical subdivision of the State, that is covered by any provi-25 VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS 27 •HR 1566 IH sion of this Act or any regulation promulgated pursuant 1 to this Act. 2 SEC. 9. SEVERABILITY. 3 If any provision of this Act, or the application thereof 4 to any person or circumstance, is held invalid, the remain-5 der of this Act, and the application of such provision to 6 other persons not similarly situated or to other cir-7 cumstances, shall not be affected by the invalidation. 8 Æ VerDate Sep 11 2014 00:46 Mar 13, 2025 Jkt 059200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6301 E:\BILLS\H1566.IH H1566ssavage on LAPJG3WLY3PROD with BILLS