text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Motor Vehicle Owners' Right to 
  Repair Act of 2005''.
  
  SEC. 2. FINDINGS AND PURPOSES.
  
      (a) Findings.--Congress finds the following:
              (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, anti-lock brakes, electronic and mechanical 
          systems, heating and air-conditioning, mobile electronics, 
          airbags, and steering.
              (5) The diagnosis, service, and repair of these 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) Automobile manufacturers have restricted access to the 
          information motor vehicle owners need in order to diagnose, 
          service, and repair their vehicles, in a manner that has 
          hindered open competition among repair facilities.
              (8) Consumers in the United States have benefited from the 
          availability of a competitive aftermarket industry, or parts 
          and accessories used in the repair, maintenance, or enhancement 
          of a motor vehicle. The American economy has also benefited 
          from the availability of a competitive aftermarket industry 
          that provides jobs to over 5 million workers in over 495,000 
          businesses, and generates $200 billion in annual sales.
              (9) Vehicle owners in the United States should have the 
          right--
                      (A) to 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 life of the vehicle.
              (10) The restriction of vehicle repair information and 
          tools limits who can repair motor vehicles and what parts may 
          be used to repair those vehicles, which limits consumer choice, 
          impedes competition, and increases the costs of vehicle repair 
          for consumers.
      (b) Purposes.--The purposes of this Act are:
              (1) 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.
              (2) To encourage competition in the diagnosis, service, and 
          repair of motor vehicles.
  
  SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.
  
      (a) Duty to Disclose.--The manufacturer of a motor vehicle sold or 
  introduced into commerce in the United States shall promptly provide to 
  the vehicle owner, or to a repair facility of the motor vehicle owner's 
  choosing, the information necessary to diagnose, service, or repair the 
  vehicle. The motor vehicle manufacturer shall make available all non-
  emission-related service information, training information, and 
  diagnostic tools on a non-discriminatory basis to any repair facility 
  of the owner's choosing, and shall not not limit such information to 
  those repair facilities within the manufacturers' approved network. The 
  information to be made available shall include the following:
              (1) The same service and training information related to 
          vehicle repair shall be made available to all independent 
          repair facilities in the same manner and extent as it is made 
          available to franchised dealerships, and shall include all 
          information needed to activate all controls that can be 
          activated by a franchised dealership.
              (2) The same diagnostic tools and capabilities related to 
          vehicle repair that are made available to franchised 
          dealerships shall be made available to independent repair 
          facilities. These diagnostic tools and capabilities shall be 
          made available for purchase by motor vehicle owners or their 
          agents through reasonable business means. The service and 
          training information and manufacturer diagnostic capabilities 
          shall be available to independent repair facilities, and to the 
          companies from which they normally purchase diagnostic tools, 
          without the need for the motor vehicle owner to return to a 
          franchised dealership.
      (b) Protection of Trade Secrets.--Nothing in this Act shall be 
  deemed to require the disclosure of trade secrets, nor the public 
  disclosure of any information related exclusively to the design and 
  manufacture of motor vehicle parts. No information necessary to repair 
  a vehicle shall be withheld by a manufacturer if such information is 
  provided (directly or indirectly) to franchised dealerships or other 
  repair facilities.
  
  SEC. 4. REGULATIONS.
  
      (a) In General.--Not later than 1 year after the date of enactment 
  of this Act, the Federal Trade Commission shall prescribe regulations 
  setting forth an appropriate method by which manufacturers shall 
  provide the information required by section 3, including disclosure in 
  writing, via the Internet, or under such terms as the Commission 
  determines appropriate. The regulations shall take effect upon final 
  issuance of such regulations and shall apply to vehicles manufactured 
  after model year 1994.
      (b) Limitation.--The Federal Trade Commission may not prescribe 
  rules that interfere with the authority of, or conflict with rules 
  prescribed by, 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.
  
  SEC. 5. ENFORCEMENT.
  
      (a) Unfair or Deceptive Act or Practice.--The failure by a 
  manufacturer to comply with section 3(a) or the regulations prescribed 
  under section 4 shall be treated as 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))). A violation of this Act 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)).
      (b) Actions by the Federal Trade Commission.--The Federal Trade 
  Commission shall enforce 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 a part of this Act. 
  Any entity that violates this Act shall be subject to the penalties and 
  entitled to the privileges and immunities provided in the Federal Trade 
  Commission Act in the same manner, by the same means, and with the same 
  jurisdiction, power, and duties as though all applicable terms and 
  provisions of the Federal Trade Commission Act were incorporated into 
  and made a part of this Act.
      (c) Effect on Other Laws.--Nothing contained in this Act shall be 
  construed to limit the authority of the Federal Trade Commission under 
  any other provisions of law.
  
  SEC. 6. DEFINITIONS.
  
      In this Act:
              (1) 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.
              (2) The term ``motor vehicle owner'' or ``vehicle owner'' 
          means any person who owns, leases, or otherwise has the legal 
          right to use and possess a motor vehicle.
              (3) The term ``repair facility'' means a facility 
          maintained by a person engaged in the repair, diagnosing, or 
          servicing of motor vehicles or motor vehicle engines.
target: Motor Vehicle Owners' Right to Repair Act of 2005 - Requires a manufacturer of a motor vehicle sold or introduced into commerce in the United States to disclose to the vehicle owner or to a repair facility of the motor vehicle owner's choosing the information necessary to diagnose, service, or repair the vehicle. Sets forth protections for trade secrets. Instructs the Federal Trade Commission (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 (EPA) regarding motor vehicle emissions control diagnostics systems. 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.
feat_title: To protect the rights of consumers to diagnose, service, and repair motor vehicles in the United States, and for other purposes.