text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Motor Vehicle Owners Right to Repair 
  Act of 2010''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress makes the following findings:
              (1) Motor vehicle owners are entitled to choose which 
          service provider will diagnose, service, maintain, or repair 
          their motor vehicles.
              (2) Promoting competition in price and quality for the 
          diagnosis of problems, service, maintenance, and repair of 
          motor vehicles will benefit consumers.
              (3) Regular diagnosis, service, maintenance, and repair of 
          motor vehicles, motor vehicle equipment, and motor vehicle 
          systems, such as pollution control, transmission, antilock 
          brakes, electronic and mechanical systems, heating, air-
          conditioning, and steering are essential to facilitating United 
          States mobility, minimizing fuel consumption, protecting the 
          environment, and enabling the highest possible levels of safety 
          in modern motor vehicles.
              (4) Various kinds of computers have been integrated by 
          manufacturers into motor vehicle equipment and motor vehicle 
          systems. On-board computer technology controls virtually all of 
          the motor vehicle's systems, and only service technicians with 
          the necessary tools and information can access the computers to 
          perform diagnosis, service, maintenance, and repair of the 
          motor vehicle.
              (5) Manufacturers have provided their authorized dealers 
          and service providers with the information, tools, codes, and 
          replacement equipment necessary to diagnose problems and to 
          service, maintain, and repair motor vehicles that incorporate 
          computers in their motor vehicle systems.
              (6) Consumers in the United States have benefitted from the 
          availability of a wide choice of service providers for their 
          motor vehicles. The United States economy has also benefitted 
          from the availability of a tools and parts supply aftermarket 
          that provides jobs to more than 5,000,000 workers in 
          approximately 495,000 businesses, and generates approximately 
          $200,000,000,000 in annual sales.
              (7) New motor vehicles are being equipped with systems that 
          permit such vehicles to transmit repair and diagnostic 
          information wirelessly to the vehicle manufacturer and repair 
          facilities. Car owners have the right to choose where and to 
          whom information generated by their vehicle and vehicle 
          computers is sent.
      (b) Purposes.--The purposes of this Act are--
              (1) to protect the rights of motor vehicle owners to choose 
          a service provider for the diagnosis, service, maintenance, and 
          repair of their motor vehicles;
              (2) to promote competition in price and quality among 
          service providers; and
              (3) to promote safety and fuel efficiency by allowing 
          consumers to choose among competing service providers.
  
  SEC. 3. DEFINITIONS.
  
      In this Act:
              (1) Attorney general of a state.--The term ``attorney 
          general of a State'' means the attorney general or other chief 
          law enforcement officer of a State.
              (2) Commerce.--The term ``commerce'' has the meaning given 
          that term in section 4 of the Federal Trade Commission Act (15 
          U.S.C. 44).
              (3) Consumer, motor vehicle owner.--The terms ``consumer'' 
          and ``motor vehicle owner'' mean 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) Dealer, manufacturer, motor vehicle, motor vehicle 
          equipment.--The terms ``dealer'', ``manufacturer'', ``motor 
          vehicle'', and ``motor vehicle equipment'' have the meaning 
          given those terms in section 30102(a) of title 49, United 
          States Code.
              (5) Replacement equipment.--The term ``replacement 
          equipment'' has the meaning given that term in section 
          30102(b)(1) of such title.
              (6) Service provider.--The term ``service provider'' means 
          any person engaged in the diagnosis, service, maintenance, or 
          repair of motor vehicles or motor vehicle engines.
              (7) Technical service bulletin.--The term ``technical 
          service bulletin''--
                      (A) means a communication sent to a dealer about 
                  the diagnosis, service, maintenance or repair of a 
                  motor vehicle or item of motor vehicle equipment; and
                      (B) includes all communications sent to the 
                  Secretary of Transportation under subsections (f) and 
                  (m)(3)(A)(ii) of section 30166 of title 49, United 
                  States Code.
  
  SEC. 4. REQUIREMENTS OF MOTOR VEHICLE MANUFACTURERS.
  
      (a) Duty To Disclose Information.--
              (1) In general.--The manufacturer of a motor vehicle sold, 
          leased, or otherwise introduced into commerce in the United 
          States shall provide to the owner of the motor vehicle and the 
          service provider of the motor vehicle, using reasonable 
          business means and on a non-discriminatory basis, all 
          information to diagnose, service, maintain, or repair the motor 
          vehicle.
              (2) Elements.--The information required under paragraph (1) 
          with respect to a motor vehicle shall include the following:
                      (A) Information about all safety alerts, recalls, 
                  service bulletins, and the adjustments needed to 
                  maintain the efficiency, safety, and convenience of the 
                  vehicle.
                      (B) All information of any kind provided directly, 
                  indirectly, or wirelessly to new car dealers or any 
                  repair facility to diagnose, service, maintain, repair, 
                  activate, certify, or install any motor vehicle 
                  equipment (including replacement parts and equipment) 
                  in the motor vehicle.
      (b) Duty To Make Tools Available.--The manufacturer of a motor 
  vehicle sold, leased, or otherwise introduced into commerce in the 
  United States shall--
              (1) offer for sale to the owner of the motor vehicle and to 
          all service providers on a reasonable and non-discriminatory 
          basis, any tool for the diagnosis, service, maintenance, or 
          repair of the motor vehicle; and
              (2) provide all information that enables aftermarket tool 
          companies to manufacture tools with the same functional 
          characteristics as those tools made available by the 
          manufacturers to authorized dealers.
      (c) Replacement Equipment.--The manufacturer of a motor vehicle 
  sold, leased, or otherwise introduced into commerce in the United 
  States shall offer for sale to the owner of the motor vehicle and to 
  all service providers on reasonable and non-discriminatory terms, all 
  equipment for diagnosis, service, maintenance, or repair of the motor 
  vehicle.
      (d) Protection of Trade Secrets.--
              (1) In general.--Except as provided in paragraph (2), 
          nothing in this section may be construed to require a 
          manufacturer to disclose publicly information that, if made 
          public, would divulge methods or processes entitled to 
          protection as trade secrets.
              (2) Exception.--No information may be withheld by a 
          manufacturer on the ground that it is a trade secret if that 
          information is provided (directly or indirectly) to authorized 
          dealers or service providers.
  
  SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.
  
      (a) In General.--The Federal Trade Commission shall enforce the 
  provisions of this Act in the same manner, by the same means, and with 
  the same jurisdiction, powers, and duties as though all applicable 
  terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 
  et seq.) were incorporated into and made part of this Act.
      (b) Unfair or Deceptive Acts or Practices.--
              (1) Violation of a duty.--Any failure to comply with the 
          provisions of section 4 shall be treated as an unfair method of 
          competition and an unfair or deceptive act or practice within 
          the meaning of section 5(a)(1) of the Federal Trade Commission 
          Act (15 U.S.C. 45(a)(1)).
              (2) Violation of a rule.--A violation of a rule prescribed 
          under subsection (c) shall be treated as 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)).
      (c) Rulemaking.--
              (1) In general.--Except as provided in paragraph (2), the 
          Federal Trade Commission may prescribe such rules as may be 
          necessary to carry out the provisions of this Act.
              (2) Limitation.--The Federal Trade Commission may not 
          prescribe rules under this subsection that--
                      (A) 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
                      (B) conflict with rules prescribed by the 
                  Administrator of the Environmental Protection Agency.
  
  SEC. 6. ACTION BY STATES.
  
      (a) In General.--In any case in which the attorney general of a 
  State has reason to believe that an interest of the residents of the 
  State has been or is threatened or adversely affected by the engagement 
  of any person subject to a provision of section 4 or a rule prescribed 
  under section 5(c) in a practice that violates such provision or rule, 
  the State may, as parens patriae, bring a civil action on behalf of the 
  residents of the State in an appropriate district court of the United 
  States or other court of competent jurisdiction--
              (1) to enjoin that practice;
              (2) to enforce compliance with the provision or rule;
              (3) to obtain damages, restitution, or other compensation 
          on behalf of residents of the State; or
              (4) to obtain such other relief as the court considers 
          appropriate.
      (b) Rights of Federal Trade Commission.--
              (1) Notice to federal trade commission.--
                      (A) In general.--Except as provided in subparagraph 
                  (C), the attorney general of a State shall notify the 
                  Federal Trade Commission in writing of any civil action 
                  under subsection (a), prior to initiating such civil 
                  action.
                      (B) Contents.--The notice required by subparagraph 
                  (A) shall include a copy of the complaint to be filed 
                  to initiate such civil action.
                      (C) Exception.--If it is not feasible for the 
                  attorney general of a State to provide the notice 
                  required by subparagraph (A), the State shall provide 
                  notice immediately upon instituting a civil action 
                  under subsection (a).
              (2) Intervention by federal trade commission.--
                      (A) In general.--Upon receiving notice required by 
                  paragraph (1) with respect to a civil action, the 
                  Federal Trade Commission may--
                              (i) intervene in such action; and
                              (ii) upon intervening--
                                      (I) be heard on all matters arising 
                                  in such civil action;
                                      (II) remove the action to the 
                                  appropriate district court of the 
                                  United States; and
                                      (III) file petitions for appeal of 
                                  a decision in such action.
                      (B) Continued participation of states.--If the 
                  Federal Trade Commission removes an action to the 
                  appropriate district court of the United States under 
                  subparagraph (A)(ii)(III), the State shall remain a 
                  party to the action in such court.
      (c) Investigatory Powers.--Nothing in this section may be construed 
  to prevent the attorney general of a State from exercising the powers 
  conferred on such attorney general by the laws of such State to conduct 
  investigations or to administer oaths or affirmations or to compel the 
  attendance of witnesses or the production of documentary and other 
  evidence.
      (d) Preemptive Action by Federal Trade Commission.--If the Federal 
  Trade Commission institutes a civil action or an administrative action 
  to enforce a violation of a rule prescribed under section 5(c), no 
  State may, during the pendency of such action, bring a civil action 
  under subsection (a) against any defendant named in the complaint of 
  the Commission for violation of a rule prescribed under section 5(c) 
  that is alleged in such complaint.
      (e) Actions by Other State Officials.--
              (1) In general.--In addition to actions brought by an 
          attorney general of a State under subsection (a), an action may 
          be brought by officers of a State who are so authorized.
              (2) Savings provision.--Nothing contained in this section 
          may be construed to prohibit an authorized official of a State 
          from proceeding in a court of such State on the basis of an 
          alleged violation of any civil or criminal statute of such 
          State.
  
  SEC. 7. ACTION BY CONSUMERS AND SERVICE PROVIDERS.
  
      In any case in which a consumer or service provider has reason to 
  believe that an interest of the consumer or service provider is 
  threatened or adversely affected by the engagement of any person 
  subject to a provision of section 4 or a rule prescribed under section 
  5(c) in a practice that violates such provision or rule, the consumer 
  or service provider may bring a civil action in an appropriate district 
  court of the United States or other court of competent jurisdiction--
              (1) to enjoin the practice;
              (2) to enforce compliance with the provision or rule;
              (3) to obtain damages or restitution, including court costs 
          and reasonable attorney and expert witness fees; or
              (4) to obtain such other relief as the court considers 
          appropriate.
  
  SEC. 8. TECHNICAL SERVICE BULLETINS.
  
      The Federal Trade Commission shall cooperate with the Secretary of 
  Transportation in preparing a technical service bulletin that the 
  Secretary intends to publish on an Internet Web site of the Federal 
  Government.
target: Motor Vehicle Owners Right to Repair Act of 2010 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States to provide to the owner of the motor vehicle and the service provider of the motor vehicle, using reasonable business means and on a non-discriminatory basis, all information and tools needed to diagnose, service, maintain, or repair the motor vehicle. Provides for enforcement by the Federal Trade Commission (FTC). Permits civil actions by: (1) states on behalf of the state's residents; and (2) consumers and service providers.
  
  Provides for the protection of trade secrets, except that no information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers.
feat_title: A bill to protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes.