S. 1379 — REPAIR Act

This section states congressional findings that (1) advancing vehicle technology requires consumer and designee access to vehicle data, software, replacement parts, training, diagnostic tools, and repair services; (2) such access is necessary to maintain consumer choice and competitive pricing; (3) consumer choice, control, cybersecurity, and safety are compatible concerns; (4) the Federal Trade Commission and National Highway Traffic Safety Administration are positioned to designate additional vehicle data types for consumer sharing, considering privacy and cybersecurity, and to examine competition in vehicle technologies; and (5) fostering competition in the motor vehicle repair industry promotes innovation and consumer choice.

This section establishes definitions for 22 terms used in the Act, including aftermarket part (i.e., a new non-original-equipment part sold after vehicle production); alternative part (i.e., aftermarket, recycled, or remanufactured parts, excluding original equipment); authorized motor vehicle service provider; barrier (i.e., technological or contractual restriction impeding repair with alternative parts); critical repair information, tools, and parts (i.e., manufacturer-provided data, software, and equipment needed for vehicle diagnosis, repair, and calibration); motor vehicle owner (excluding manufacturers, dealers, and lessors); motor vehicle repair facility; original equipment; recycled part; remanufactured part; and service provider.

This section prohibits motor vehicle manufacturers, effective 180 days after enactment, from using barriers that impair motor vehicle owners' (or designees') access to vehicle-generated data, critical repair information, tools, parts, towing or service providers, or compatible alternative parts; from implementing software updates that render such parts inoperable (except as required by the National Highway Traffic Safety Administration for safety); and from mandating or prohibiting specific brands of parts, tools, or equipment in repair guides (with exceptions for recalls, warranties, or voluntary campaigns and a required notice promoting consumer choice). The section further requires manufacturers, effective 180 days after enactment, to (1) provide owners (or designees) unrestricted access to vehicle-generated data—including via wireless telematics—at fair, reasonable, and nondiscriminatory costs and protections matching those given to manufacturers, dealers, or other third parties; (2) make critical repair information, tools, and parts available for purchase by owners (or designees) and repair industry members at such costs; (3) permit unlimited designees with easy revocation; and (4) provide required notifications (e.g., via on-vehicle screen). (Cybersecurity protections for data and systems are permitted if compliant with these requirements.)

This section directs the Federal Trade Commission (FTC) to establish, not later than 90 days after enactment, the Fair Competition After Vehicles Are Sold Advisory Committee to provide recommendations on implementing the Act, best practices to eliminate barriers to competition in the motor vehicle repair industry, and ensuring motor vehicle owners' control over vehicle-generated data. The committee comprises the FTC Director of the Bureau of Competition, the National Highway Traffic Safety Administration Administrator, and 11 Chair-appointed individuals representing independent repair facilities, motor vehicle parts retailers, parts distributors, original equipment parts manufacturers, aftermarket parts manufacturers, diagnostic tool manufacturers, motor vehicle manufacturers, vehicle dealership service centers, consumer rights organizations, automobile insurers, and trucking companies. It must (1) recommend fostering transparent industry collaboration and assess existing and emerging repair barriers; (2) meet at least three times per year; (3) report to the FTC Chair within 180 days of its first meeting and annually thereafter on industry implementation efforts and barriers, which the FTC must submit to the House Energy and Commerce Committee and Senate Commerce, Science, and Transportation Committee within 30 days along with legislative or administrative recommendations; and (4) terminate no earlier than one year after its first meeting upon majority agreement, with 30 days' prior notice to the specified congressional committees including the basis for termination.

This section requires the Administrator of the National Highway Traffic Safety Administration (NHTSA), in consultation with the National Institute of Standards and Technology, to promulgate regulations in accordance with 5 U.S.C. 553 within one year of enactment to establish (1) standards for consumer access to vehicle-generated data in accordance with section 4(a)(2) and (2) procedures to ensure the security of vehicle-generated data and motor vehicles related to such access. Separately, this section requires the Federal Trade Commission (FTC), in coordination with the NHTSA Administrator, to promulgate regulations in accordance with 5 U.S.C. 553 within two years of enactment to require motor vehicle manufacturers and dealers to inform owners of their rights under this Act at the point of purchase or lease.

This section treats violations of section 4(a) or regulations promulgated under this Act as unfair or deceptive acts or practices under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). It further authorizes the Federal Trade Commission (FTC) to enforce this Act using the same manner, jurisdiction, powers, and duties as though all terms of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into this Act; subjects violators to the penalties and privileges provided in the Federal Trade Commission Act; preserves the FTC's authority under other laws; and directs the FTC to promulgate necessary rules in accordance with APA procedures (5 U.S.C. §553).

This section requires the Commission to establish, not later than 90 days after enactment, a mechanism to receive consumer complaints alleging violations of this Act by motor vehicle manufacturers. Upon receipt, the Commission must forward each complaint to the named manufacturer and request a written response within 30 days of the manufacturer's receipt; if no timely response is received, the Commission must investigate (without dismissing for lack of direct damage to the complainant) and issue a final order concluding the investigation within five months of the complaint's filing (appealable to the U.S. District Court for the District of Columbia).

This section directs the Commission to submit to the Senate Committee on Commerce, Science, and Transportation and the House Committee on Energy and Commerce, not later than two years after enactment of this Act and biennially thereafter, a report that includes (1) a summary of investigations conducted and orders issued under section 8, including descriptions of any unfair practices relating to repair and data access restrictions and a summary of best practices from stakeholders; and (2) a description of any actions the Commission is taking to adapt to changes and advances in motor vehicle technology to maintain competition in the motor vehicle aftermarket and to ensure motor vehicle owners' control over their vehicle-generated data.

This section preempts state and local laws, regulations, or requirements covered by or promulgated under this Act. It further preempts any state law mandating the use of a particular brand or manufacturer of tools, parts, or motor vehicle equipment, or prohibiting aftermarket parts, recycled parts, or remanufactured parts solely on that basis, for motor vehicle maintenance, diagnosis, or repair.

This section establishes a severability clause, providing that if any provision of the Act, or its application to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances remains unaffected.