119-hr1566

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1566 Introduced in House

    (IH) ]

<DOC>

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 
 vehicles, 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. Dunn of Florida (for himself, Ms. Perez, Mr. Davidson, Mr. Boyle of 
 Pennsylvania, Mrs. Harshbarger, Mr. Tonko, Mr. Nunn of Iowa, Mr. 
 Mullin, Mr. Thompson of Pennsylvania, Mr. Landsman, Mr. Amodei of 
Nevada, Ms. Pettersen, Mr. Bost, Ms. Norton, Mr. Rose, and Mr. Khanna) 
 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 consumers with choices for the maintenance, 
 service, and repair of such vehicles, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Right to Equitable and Professional 
Auto Industry Repair Act'' or the ``REPAIR Act''.

SEC. 2. MAINTAINING COMPETITION AND DATA PRIVACY AFTER CONSUMERS 
 PURCHASE MOTOR VEHICLES.

    (a) In General.--

    (1) Prohibition on motor vehicle manufacturers withholding 
 vehicle-generated data, critical repair information, and 
 tools.--A motor vehicle manufacturer may not employ any 
 technological barrier or specified legal barrier that impairs 
 the ability of--
        (A) a motor vehicle owner (or a designee of a motor 
 vehicle owner) to access vehicle-generated data 
 pursuant to paragraph

    (2) ;
        (B) a motor vehicle owner (or a designee of a motor 
 vehicle owner), an aftermarket parts manufacturer, a 
 diagnostic tool manufacturer, a manufacturer of motor 
 vehicle equipment, an aftermarket parts remanufacturer, 
 or a motor vehicle repair facility (or a distributor or 
 service provider of a motor vehicle repair facility) to 
 access critical repair information and tools;
            (C) a motor vehicle owner (or a designee of a motor 
 vehicle owner) to use a motor vehicle towing or service 
 provider chosen by such owner (or such designee);
            (D) an aftermarket parts manufacturer, a motor 
 vehicle equipment manufacturer, an aftermarket parts 
 remanufacturer, or a motor vehicle repair facility (or 
 a distributor or service provider of a motor vehicle 
 repair facility) to produce or offer compatible 
 aftermarket parts; or
        (E) a motor vehicle owner (or a designee of a motor 
 vehicle owner) to diagnose, repair, and maintain a 
 motor vehicle in the same manner as any motor vehicle 
 manufacturer or motor vehicle dealer.

    (2) Requirement to provide vehicle-generated data to motor 
 vehicle owners.--A motor vehicle manufacturer shall--
        (A) provide for a motor vehicle owner (or a 
 designee of a motor vehicle owner), without restriction 
 or limitation, in or at the same manner, time, method, 
 cost (less discounts and rebates), data content set, 
 and subject to the same cryptographic or technological 
 protections as any motor vehicle manufacturer, motor 
 vehicle dealer, authorized motor vehicle service 
 provider, or any other third party to whom such 
 manufacturer provides vehicle-generated data, to have 
 access to vehicle-generated data--
            (i) through and including the interface 
 ports of the motor vehicle (including OBD port 
 and J-1939); and
            (ii) to the extent such vehicle is equipped 
 for wireless transmission of such data, over 
 wireless technology via any telematics system; 
 and
        (B) make available to motor vehicle owners (or 
 designees of motor vehicle owners), aftermarket parts 
 manufacturers, aftermarket parts remanufacturers, 
 diagnostic tool manufacturers, and motor vehicle repair 
 facilities (and the distributors and service providers 
 of such facilities) without restriction or limitation, 
 in or at the same manner, time, method, cost (less 
 discounts and rebates), data content set, and subject 
 to the same cryptographic or technological protections, 
 as any motor vehicle manufacturer, motor vehicle 
 dealer, authorized motor vehicle service provider, or 
 any other third party to whom such manufacturer 
 provides vehicle-generated data, any critical repair 
 information and tools related to the motor vehicles 
 such manufacturer manufactures.

    (3) Prohibition on certain mandates related to repairs.--
 Except for recall and warranty repairs, repair or maintenance 
 service procedures, recommendations, service bulletins, repair 
 manuals, position statements, or other similar repair or 
 maintenance guides that are distributed to consumers or to 
 professional repairers, a motor vehicle manufacturer may not--
        (A) mandate or imply a mandate to use any 
 particular brand or manufacturer of parts, tools, or 
 motor vehicle equipment; or
        (B) recommend the use of any particular brand or 
 manufacturer of parts, tools, or motor vehicle 
 equipment without a prominent notice immediately 
 following the recommendation, in the same font as the 
 recommendation and in a font size no smaller than the 
 font size used in the recommendation, stating that: 
 ``Vehicle owners can choose which repair parts, tools, 
 and motor vehicle equipment to purchase and should 
 carefully consider their options.''.

    (4) Prohibition on certain limitations.--Motor vehicle 
 manufacturers may not limit the number or types of persons who 
 a motor vehicle owner may designate as simultaneous designees 
 under this subsection.

    (5) Limitation.--A motor vehicle manufacturer, including 
 any affiliate of such manufacturer and any person working on 
 behalf of such manufacturer, may not be considered or treated 
 in the same way as the motor vehicle owner (or a designee of 
 the motor vehicle owner) for any purpose, except for inclusion 
 in notifications of persistent access to vehicle-generated 
 data.

    (6) Rules of construction.--Nothing in this Act may be 
 construed to--
        (A) limit or expand any law or right relating to 
 intellectual property;
        (B) require a motor vehicle manufacturer to divulge 
 any trade secret (as defined in 

section 1839 of title 
 18, United States Code) that is not made available to 
 motor vehicle owners (or designees of motor vehicle 
 owners), aftermarket parts manufacturers, aftermarket 
 parts remanufacturers, diagnostic tool manufacturers, 
 and motor vehicle repair facilities (and the 
 distributors and service providers of such facilities) 
 pursuant to paragraph

    (2)
        (B) ; or
            (C) preclude a motor vehicle manufacturer from 
 employing cryptographic or technological protections 
 necessary to secure vehicle-generated data, safety 
 critical vehicle systems, and motor vehicles.

    (7) Requirements for persons receiving vehicle-generated 
 data.--
        (A) Revocation of designation.--A motor vehicle 
 owner may revoke the designation of a designee of such 
 owner in the same manner that such designee is 
 designated and without any unreasonable or deceptive 
 burden or barrier on such owner.
        (B) Request to delete data.--Except as provided in 
 subparagraph
            (D) , a person who accesses vehicle-
 generated data shall delete such data not later than 72 
 hours after the relevant motor vehicle owner requests 
 (digitally or in writing) the person to do so, with the 
 exception of such data that is necessary to retain for 
 motor vehicle maintenance record-keeping, accounting, 
 and safety purposes.
            (C) Use of data.--Except as provided in 
 subparagraph
            (D) , a person who accesses or stores 
 vehicle-generated data--
            (i) may not use such data for any purpose 
 unrelated to the diagnostics, repair, service, 
 wear, and calibration or recalibration of parts 
 and systems of the motor vehicle as such 
 services are requested by the motor vehicle 
 owner; and
            (ii) may not sell, license, or transfer 
 such data to any other person, except as 
 requested or consented to by the motor vehicle 
 owner for the purpose of diagnostics, repair, 
 service, wear, and calibration or recalibration 
 of parts and systems of the motor vehicle.
            (D) Research and development exception.--
            (i) Research and development.--
 Notwithstanding subparagraphs
        (B) and
            (C) , a 
 manufacturer of motor vehicles, parts, or tools 
 may use and retain vehicle-generated data in a 
 de-identified form for purposes of research and 
 development related to the manufacture or 
 service of such motor vehicles, parts, or 
 tools.
            (ii) Data in a de-identified form 
 defined.--In this paragraph, the term ``data in 
 a de-identified form'' means information that 
 does not identify and is not linked or 
 reasonably linkable to a distinct individual or 
 motor vehicle, regardless of whether the 
 information is aggregated, and with respect to 
 which the manufacturer of the motor vehicle, 
 parts, or tools--
            (I) takes reasonable technical 
 measures to ensure that the information 
 cannot, at any point, be used to re-
 identify an individual or device that 
 identifies or is linked or reasonably 
 linkable to an individual;
            (II) publicly commits in a clear 
 and conspicuous manner--

    (aa) to process and 
 transfer the information solely 
 in a de-identified form without 
 any reasonable means for re-
 identification; and

    (bb) to not attempt to re-
 identify the information with 
 any individual or any device 
 that identifies or is linked or 
 reasonably linkable to an 
 individual; and
            (III) contractually obligates any 
 person or entity who receives the 
 information from such manufacturer--

    (aa) to comply with each 
 provision of this clause with 
 respect to the information; and

    (bb) to require that such 
 obligation is included 
 contractually in any subsequent 
 instance in which the 
 information may be received by 
 such person or entity.

    (b) Nullification of Attempts To Restrict Competition and Consumer 
Rights.--Any provision in a contract executed on or after the date of 
the enactment of this Act by or on behalf of a motor vehicle 
manufacturer that purports to violate subsection

    (a) shall be null and 
void to the extent that such provision would allow the motor vehicle 
manufacturer to avoid the prohibitions and requirements described in 
subsection

    (a) .

SEC. 3. FAIR COMPETITION AFTER VEHICLES ARE SOLD ADVISORY COMMITTEE.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the Commission shall establish an advisory 
committee to be known as the ``Fair Competition After Vehicles Are Sold 
Advisory Committee'' (in this section referred to as the ``Advisory 
Committee'').

    (b) Chair.--The Chair of the Commission (or a designee of the 
Chair) shall serve as the head of the Advisory Committee.
            (c) Membership.--The Advisory Committee shall be composed of the 
following members:

    (1) The Director of the Bureau of Competition (or a 
 designee of the Director).

    (2) The Administrator of the National Highway Traffic 
 Safety Administration (or a designee of the Administrator).

    (3) 11 individuals, appointed by the Chair of the 
 Commission, to be comprised of 1 individual from each of the 
 following:
        (A) Independent motor vehicle repair facilities.
        (B) Motor vehicle parts retailers.
            (C) Motor vehicle parts distributors.
            (D) Original motor vehicle equipment parts 
 manufacturers.
        (E) Aftermarket parts manufacturers.
        (F) Aftermarket tools manufacturers.
        (G) Motor vehicle manufacturers.
        (H) Motor vehicle dealership service centers.
            (I) Consumer rights organizations.
        (J) Automobile insurers.
        (K) Trucking companies.
            (d) Function.--The Advisory Committee shall provide recommendations 
to the Commission on--

    (1) the implementation of this Act;

    (2) competition issues after motor vehicles are sold, 
 including such issues facing the motor vehicle repair industry 
 (especially existing and emerging barriers related to motor 
 vehicle repair); and

    (3) how to ensure motor vehicle owners maintain control 
 over the vehicle-generated data of the motor vehicles of such 
 owners.

    (e) Duties.--In carrying out the function described in subsection
            (c) , the Advisory Committee shall--

    (1) foster industry collaboration in a clear and 
 transparent manner;

    (2) coordinate with and include participation by the 
 private sector, including representatives of--
        (A) independent motor vehicle repair facilities;
        (B) motor vehicle parts retailers;
            (C) motor vehicle parts distributors;
            (D) original motor vehicle equipment parts 
 manufacturers;
        (E) aftermarket parts manufacturers;
        (F) aftermarket tools manufacturers;
        (G) motor vehicle manufacturers;
        (H) motor vehicle dealership service centers;
            (I) consumer rights organizations;
        (J) automobile insurers;
        (K) trucking companies;
            (L) members of the public; and
            (M) other interested parties; and

    (3) assess existing and emerging barriers to competitive 
 motor vehicle repair.

    (f) Meetings.--The Advisory Committee shall meet not fewer than 3 
times per year at the call of the head.

    (g) Reports.--

    (1) Contents.--On at least an annual basis, the Advisory 
 Committee shall issue a report to the Commission that 
 includes--
        (A) a description of efforts by the industries 
 represented within the Advisory Committee to comply 
 with this Act; and
        (B) an assessment of existing and emerging barriers 
 to motor vehicle repair and control of motor vehicle 
 owners over the vehicle-generated data of the motor 
 vehicles of such owners, including whether additional 
 types of data should be included in the definition of 
 vehicle-generated data.

    (2) Submission.--Not later than 30 days after the date on 
 which the Commission receives a report issued pursuant to 
 paragraph

    (1) , the Commission shall submit a copy of the report 
 to the Committee on Energy and Commerce of the House of 
 Representatives and the Committee on Commerce, Science, and 
 Transportation of the Senate.

    (h) Termination.--

    (1) Process.--The Advisory Committee shall terminate upon 
 an agreement of a majority of the membership.

    (2) Notice.--Not later than 30 days prior to the date on 
 which the Advisory Committee terminates, the Advisory Committee 
 shall provide notice of and a basis for the termination to the 
 Committee on Energy and Commerce of the House of 
 Representatives and the Committee on Commerce, Science, and 
 Transportation of the Senate.

SEC. 4. RULEMAKING.

 Not later than 180 days after the date of the enactment of this 
Act, the National Highway Traffic Safety Administration, in 
consultation with the Commission, shall promulgate, under 

section 553 
of title 5, United States Code, regulations to require motor vehicle 
manufacturers and motor vehicle dealers to inform motor vehicle owners 
about the rights of such owners under this Act at the point of purchase 
of a motor vehicle.

SEC. 5. ENFORCEMENT BY FEDERAL TRADE COMMISSION.

    (a) Unfair or Deceptive Acts or Practices.--A violation of this Act 
or a regulation promulgated under this Act shall be treated as a 
violation of a regulation under 

section 18

    (a)

    (1)
        (B) of the Federal 
Trade Commission Act (15 U.S.C. 57a

    (a)

    (1)
        (B) ) regarding unfair or 
deceptive acts or practices.

    (b) Powers of Commission.--The Commission shall enforce this Act 
and any regulation promulgated under 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, and any person who violates this Act or a regulation 
promulgated under this Act shall be subject to the penalties and 
entitled to the privileges and immunities provided in the Federal Trade 
Commission Act.
            (c) Complaint Process.--

    (1) Filing by complainant.--Any person alleging any action 
 taken or refused to be taken by any party subject to this Act 
 in violation of this Act may file a complaint with the 
 Commission briefly stating the facts of such allegation.

    (2) Notification and response.--Upon receiving a complaint 
 filed pursuant to paragraph

    (1) , the Commission shall forward 
 the complaint to the party named in the complaint and request 
 that such party answer such complaint in writing within a 
 reasonable time determined by the Commission.

    (3) Further action.--
        (A) Relief of liability.--If the party named in the 
 complaint ceases the conduct alleged in such complaint 
 and otherwise makes reparation for any harm or injury 
 alleged to have been caused within the time determined 
 pursuant to paragraph

    (2) , the party shall be relieved 
 of liability to the complainant only for such 
 allegation.
        (B) Additional investigation.--If the party named 
 in the complaint does not satisfy the complaint as 
 described in subparagraph
        (A) within the time 
 determined pursuant to paragraph

    (2) or if there is any 
 reasonable ground for continuing to investigate such 
 complaint, the Commission shall investigate the 
 allegation described in such complaint in such manner 
 and by such means as the Commission determines proper.
            (C) Clarification.--A complaint may not be 
 dismissed because of the absence of direct damage to 
 the complainant.

    (4) Orders by commission.--
        (A) Deadline.--The Commission, with respect to any 
 investigation of a complaint filed pursuant to 
 paragraph

    (1) , shall issue an order concluding such 
 investigation not later 5 months after the date on 
 which the complaint was filed.
        (B) Appellate process.--Any order concluding an 
 investigation pursuant to subparagraph
        (A) shall be a 
 final order and may be appealed to the United States 
 District Court for the District Court of Columbia.

SEC. 6. DEFINITIONS.

 In this Act:

    (1) Aftermarket part.--
        (A) In general.--The term ``aftermarket part'' 
 means any part offered for sale or for installation in 
 or on a motor vehicle after such vehicle has left the 
 production line of the motor vehicle manufacturer.
        (B) Exclusions.--Such term does not include any 
 original motor vehicle equipment or part manufactured 
 for a motor vehicle manufacturer.

    (2) Agency.--The term ``agency'' has the meaning given that 
 term in 

section 551 of title 5, United States Code.

    (3) Authorized motor vehicle service provider.--The term 
 ``authorized motor vehicle service provider'' means a person 
 who--
        (A) has an arrangement with a motor vehicle 
 manufacturer under which the motor vehicle manufacturer 
 grants to the individual or business a license to use a 
 trade name, service mark, or other proprietary 
 identifier for the purpose of offering the service of 
 diagnosis, maintenance, or repair of a motor vehicle 
 under the name of the motor vehicle manufacturer; or
        (B) has another arrangement with the motor vehicle 
 manufacturer to offer such services on behalf of the 
 motor vehicle manufacturer.

    (4) Automated driving system.--
        (A) In general.--The term ``automated driving 
 system'' means the hardware and software that 
 collectively are capable of performing the entire 
 dynamic driving task on a sustained basis, regardless 
 of whether such hardware and software are limited to a 
 specific operational design domain.
        (B) Inclusions.--Such term includes motor vehicles 
 designed to be operated exclusively by a Level 4 or 5 
 automated driving system (as defined by the SAE 
 International standard J3016, published on April 30, 
 2021, or subsequently adopted by the Secretary) for all 
 trips.
            (C) Exclusions.--Such term does not include motor 
 vehicle components not specifically and solely related 
 to a dynamic driving task.

    (5) Barrier.--The term ``barrier'' means a restriction that 
 prohibits, makes more difficult, or tends to make more 
 difficult the ability of a person to exercise rights under this 
 Act.

    (6) Chair.--The term ``Chair'' means the Chair of the 
 Commission.

    (7) Commission.--The term ``Commission'' means the Federal 
 Trade Commission.

    (8) Critical repair information and tools.--The term 
 ``critical repair information and tools'' means all of the 
 technical and compatibility information, tools, equipment, 
 wiring diagrams, parts nomenclature and descriptions, parts 
 catalogs, repair procedures, training materials, software, and 
 technology, including information related to diagnostics, 
 repair, service, and calibration or recalibration of parts and 
 systems, necessary to return a motor vehicle to operational 
 specifications.

    (9) Dynamic driving task.--
        (A) In general.--The term ``dynamic driving task'' 
 means all of the real-time operational and tactical 
 functions required to operate a motor vehicle in on-
 road traffic.
        (B) Exclusions.--Such term does not include 
 strategic functions, such as the scheduling of trips 
 and the selection of destinations and waypoints.

    (10) Insurer.--The term ``insurer'' has the meaning given 
 that term in 

section 313

    (r) of title 31, United States Code.

    (11) Motor vehicle.--
        (A) In general.--The term ``motor vehicle'' has the 
 meaning--
            (i) given that term in 

section 30102

    (a) of 
 title 49, United States Code; and
            (ii) given the term ``trailer'' in 

section 390 of title 49, Code of Federal Regulations.
        (B) Exclusion.--Such term does not include a 
 vehicle equipped with an automated driving system.

    (12) Motor vehicle dealer.--The term ``motor vehicle 
 dealer'' means a dealer (as defined in 

section 30102

    (a) of 
 title 49, United States Code) who has an agreement with a motor 
 vehicle manufacturer related to the diagnostics, repair, or 
 service of a motor vehicle.

    (13) Motor vehicle equipment.--The term ``motor vehicle 
 equipment'' has the meaning given that term in 

section 30102

    (a) of title 49, United States Code.

    (14) Motor vehicle manufacturer.--The term ``motor vehicle 
 manufacturer'' means an entity that manufactures a motor 
 vehicle (as defined in 

section 30102

    (a) of title 49, United 
 States Code).

    (15) Motor vehicle owner.--
        (A) In general.--The term ``motor vehicle owner'' 
 means a person with a present possessive ownership 
 right in a motor vehicle.
        (B) Exclusions.--Such term does not include--
            (i) a motor vehicle manufacturer; or
            (ii) a person operating on behalf of--
            (I) a motor vehicle manufacturer;
            (II) a motor vehicle financing 
 company;
            (III) a motor vehicle dealer; or
            (IV) a motor vehicle lessor.

    (16) Motor vehicle repair facility.--The term ``motor 
 vehicle repair facility'' means any person who, in the ordinary 
 course of business, is engaged in the business of diagnosis, 
 service, maintenance, repair, or calibration or recalibration 
 of motor vehicles or motor vehicle equipment.

    (17) Person.--The term ``person'' means an individual, 
 trust, estate, partnership, association, company, or 
 corporation.

    (18) Remanufacturer.--The term ``remanufacturer'' means a 
 person who uses a standardized industrial process by which 
 previously sold, worn, or non-functional products are returned 
 to same-as-new (or better) condition and performance in a 
 process that is in line with specific technical specifications 
 (including engineering, quality, and testing standards) and 
 yields fully warranted products.

    (19) Service provider.--The term ``service provider'' means 
 any designee of a motor vehicle owner or motor vehicle repair 
 facility employed by such motor vehicle owner or motor vehicle 
 repair facility to assist with the diagnosis and repair of a 
 motor vehicle, including the diagnosis and repair of wireless 
 and remote technologies or any other wireless and remote 
 services comparable to such provided by a motor vehicle 
 manufacturer.

    (20) Specified legal barrier.--The term ``specified legal 
 barrier'' means--
        (A) a request for a waiver of the right of a motor 
 vehicle owner under this Act to use a motor vehicle 
 repair facility of the choosing of such owner;
        (B) a requirement for such a waiver as a condition 
 for purchasing, leasing, operating, or obtaining 
 warranty repairs for a motor vehicle; or
            (C) an offer for such owner to receive any 
 compensation or other incentive for such a waiver.

    (21) Technological barrier.--The term ``technological 
 barrier'' means any technological restriction that prohibits, 
 makes more difficult, or tends to make more difficult the 
 ability of a person to exercise rights under this Act.

    (22) Telematics system.--The term ``telematics system'' 
 means any system in a motor vehicle that collects vehicle-
 generated data and transmits such data using wireless 
 communications to a remote receiving point where such data is 
 stored.

    (23) Vehicle-generated data.--
        (A) In general.--The term ``vehicle-generated 
 data'' means any direct, real-time, in-vehicle data 
 generated, or generated and retained, by the operation 
 of a motor vehicle related to diagnostics, repair, 
 service, wear, and calibration or recalibration of 
 parts and systems required to return such vehicle to 
 operational specifications in compliance with Federal 
 motor vehicle safety and emissions laws, regulations, 
 and standards.
        (B) Exclusions.--The term vehicle-generated data 
 does not include--
            (i) diagnostics, repair, service, wear, and 
 calibration or recalibration of parts and 
 systems required to return an automated driving 
 system to operational specifications; or
            (ii) any personally identifiable 
 information.

SEC. 7. REPORT TO CONGRESS.

 Not later than 2 years after the date of the enactment of this Act, 
and every 2 years thereafter, the Commission shall submit to the 
Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate a 
report that includes--

    (1) a summary of investigations conducted and orders issued 
 pursuant to 

section 5
            (c) , including descriptions of unfair 
 practices relating to repair and data access restrictions and a 
 summary of best practices from stakeholders;

    (2) actions by the Commission to adapt to changes and 
 advances in motor vehicle technology to maintain competition in 
 the motor vehicle aftermarket and to ensure motor vehicle 
 owners maintain control over the vehicle-generated data of the 
 motor vehicles of such owners; and

    (3) any recommendations by the Commission for legislation 
 that would improve the ability of the Commission and other 
 relevant agencies to further protect consumers from unfair acts 
 limiting competition in motor vehicle repair and strengthen 
 consumer control over vehicle-generated data.

SEC. 8. RELATIONSHIP TO STATE LAWS.

 A State, or political subdivision of a State, may not maintain, 
enforce, prescribe, or continue in effect any law, rule, regulation, 
requirement, standard, or other provision having the force and effect 
of a law of the State, or political subdivision of the State, that is 
covered by any provision of this Act or any regulation promulgated 
pursuant to this Act.

SEC. 9. SEVERABILITY.

 If any provision of this Act, or the application thereof to any 
person or circumstance, is held invalid, the remainder of this Act, and 
the application of such provision to other persons not similarly 
situated or to other circumstances, shall not be affected by the 
invalidation.
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