What does Preamble of S 1379 do?

This bill, formally titled '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 purposes,' aims to provide consumers with access to vehicle data and repair information. The bill intends to offer consumers choices regarding the maintenance, service, and repair of their motor vehicles.

What does SHORT TITLE. of S 1379 do?

This Act is formally titled the Right to Equitable and Professional Auto Industry Repair Act.

What does FINDINGS. of S 1379 do?

This section outlines findings related to vehicle repair and maintenance in the context of advancing technology. It asserts that consumers and their designees should have access to vehicle-generated data and alternative parts to maintain consumer choice and competitive pricing. The text states that consumer choice, cybersecurity, and safety are not mutually exclusive concerns. It recognizes the increasing volume of data generated by vehicles and suggests the Federal Trade Commission and the National Highway Traffic Safety Administration are suitable agencies to designate additional data types for consumer access. The section expresses the interest of the United States in fostering competition in the motor vehicle repair industry and promoting consumer choice in maintenance, service, and repair.

What does DEFINITIONS. of S 1379 do?

This section defines key terms used throughout the Act. "Aftermarket part" refers to a new part not original equipment sold after a vehicle leaves the manufacturer's line, or manufactured by a non-manufacturer. "Alternative part" includes aftermarket, recycled, and remanufactured parts, but excludes original equipment. An "authorized motor vehicle service provider" has a license to use a manufacturer's trade name for diagnosis, maintenance, or repair. A "barrier" is a technological or contractual restriction hindering vehicle repair to operational specifications. "Critical repair information, tools, and parts" encompasses all necessary technical information and equipment for vehicle maintenance and repair. "Diagnostic tool manufacturer" develops and manufactures tools connecting to a vehicle's computer for diagnostics or reprogramming. "Vehicle-generated data" includes data related to diagnostics, repair, and calibration needed to return a vehicle to operational specifications. The Federal Trade Commission (Commission) has the authority to expand these definitions through regulations.

What does MAINTAINING COMPETITION AFTER CONSUMERS PURCHASE OR LEASE THEIR of S 1379 do?

This section prohibits motor vehicle manufacturers from restricting motor vehicle owners' ability to use the repair parts and repair facilities of their choice. Manufacturers are prohibited from employing barriers that impair access to vehicle-generated data, critical repair information, tools, and parts. Manufacturers cannot intentionally render compatible alternative parts inoperable through software updates, except as required by the National Highway Traffic Safety Administration. Motor vehicle manufacturers must provide vehicle-generated data to owners and their designees at a fair, reasonable, and non-discriminatory cost. Manufacturers are required to make critical repair information, tools, and parts available for purchase by owners, repair industry members, and manufacturers. Manufacturers are restricted from mandating specific brands or manufacturers of tools or parts in repair procedures, unless a notice is provided advising consumers to consider different options. Motor vehicle manufacturers cannot limit the number or type of designees an owner can designate, and owners must be able to revoke designations. Manufacturers must notify owners when their vehicle-generated data is being accessed by a designee. Contract provisions that attempt to circumvent the requirements of this section are null and void. The section does not require dealers to use non-proprietary interfaces or prohibit manufacturers from developing proprietary diagnostic devices, provided they comply with the section’s requirements and make the devices available on fair terms.

What does FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE. of S 1379 do?

This section establishes a "Fair Competition After Vehicles Are Sold Advisory Committee" within the Commission. The Committee's purpose is to provide recommendations regarding the implementation of this Act and to eliminate barriers to competition in the motor vehicle repair industry. The Committee will assess existing and emerging barriers to competitive motor vehicle repair and ensure motor vehicle owners' control over vehicle-generated data. The Committee will be composed of representatives from various sectors including independent repair facilities, motor vehicle manufacturers, consumer rights organizations, and trucking companies. The Chair of the Commission will serve as the Chair of the Advisory Committee. The Committee's duties include fostering industry collaboration, coordinating with private sector stakeholders, and assessing barriers to competition. The Committee must meet at least three times per year. The Committee will submit annual reports to the Commission detailing industry efforts to implement the Act and assessing barriers to repair. The Commission will then transmit these reports to Congress, along with any recommendations for legislative or administrative action. The Advisory Committee will terminate upon agreement of a majority of its members, but not earlier than one year after its first meeting, with notice provided to Congress.

What does RULEMAKING. of S 1379 do?

This section requires the Administrator of the National Highway Traffic Safety Administration (NHTSA), in consultation with the National Institute of Standards and Technology, to establish security standards for consumer access to vehicle-generated data. These standards must be promulgated within one year of the Act's enactment. The regulations must also ensure the security of vehicle-generated data and motor vehicles related to data access. The Commission, coordinating with NHTSA, must require motor vehicle manufacturers and dealers to notify owners of their rights under this Act. This notification requirement must be fulfilled within two years of the Act's enactment.

What does ENFORCEMENT BY THE COMMISSION. of S 1379 do?

This section outlines the enforcement mechanisms for the Act. Violations of section 4(a) or related regulations are treated as violations of an unfair or deceptive act or practice under the Federal Trade Commission Act. The Commission is granted the same enforcement powers, jurisdiction, duties, and privileges as those provided under the Federal Trade Commission Act. The Act does not limit the Commission's authority under other laws. The Commission is required to promulgate rules necessary to carry out the Act, following procedures outlined in Title 5 of the United States Code.

What does CONSUMER COMPLAINTS. of S 1379 do?

This section establishes a mechanism for the Commission to receive complaints regarding alleged violations of the Act by motor vehicle manufacturers. The Commission will forward complaints to the named motor vehicle manufacturer and request a written response within a reasonable time, not exceeding 30 days. If a manufacturer fails to respond, the Commission shall investigate the complaint. The Commission may not dismiss a complaint due to the absence of direct damage to the complainant. The Commission must conclude investigations and issue an order within 5 months of the complaint filing date. Orders concluding investigations are final and may be appealed to the United States District Court for the District of Columbia.

What does REPORT TO CONGRESS. of S 1379 do?

This section requires the Commission to submit a report to specified congressional committees. The report is due within two years of the Act's enactment and then biennially thereafter. The report must include a summary of investigations and orders issued under section 8. This summary must describe unfair practices related to repair and data access restrictions. The report must also summarize best practices from stakeholders. The report must describe actions the Commission is taking to adapt to motor vehicle technology changes. The Commission must also describe actions to ensure motor vehicle owners' control over vehicle-generated data.

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REPAIR Act — S. 1379

Last updated: 4/9/2025 · Introduced: 4/9/2025

Author: Ben Luján (D-NM)

TL;DR (AI)

The REPAIR Act aims to ensure consumers have access to vehicle data, repair information, and tools, promoting choices for vehicle maintenance and repair.
Manufacturers are prohibited from restricting owners' use of preferred repair parts and facilities, or creating barriers to accessing vehicle data and repair information.
Manufacturers must provide vehicle-generated data to owners at a fair cost and make critical repair information and parts available to owners, repair shops, and other manufacturers.
The Act establishes an advisory committee to monitor the motor vehicle repair industry, identify barriers to competition, and recommend improvements.
The Federal Trade Commission (FTC) will enforce the Act, addressing unfair or deceptive practices related to vehicle repair and data access, and preempts conflicting state laws.

119th Congressin committeeHR. 1566(In Committee)Official page

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Includes provisions on preamble, short title., and 10 more.

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