SEC. 2. DEFINITIONS. 
In this Act: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(2) COVERED DATA.—The term ‘‘covered data’’ 
means user data and vehicle-generated data. 
(3) COVERED VEHICLE.—The term ‘‘covered ve-
hicle’’ means a motor vehicle or a vehicle primarily 
used for farming or construction. 
(4) 
GEOLOCATION
DATA.—The 
term 
‘‘geolocation data’’ means information that reveals 
the past or present physical location of an indi-
vidual, a covered vehicle, or device. 
(5) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the same meaning given such term in sec-
tion 30102(a) of title 49, United States Code, and 
includes a motor vehicle trailer. 
(6) 
PERSONALLY
IDENTIFIABLE
INFORMA-
TION.—The term ‘‘personally identifiable informa-
tion’’ means information that— 
(A) directly identifies an individual such as 
the name, address, social security number or 
other identifying number or code, telephone 
number, or email address of an individual; 
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(B) indirectly identifies an individual such 
as the gender, race, or date of birth of an indi-
vidual; or 
(C) reveals the geolocation data or internet 
activity of an individual. 
(7) USER DATA.—The term ‘‘user data’’ means 
data transferred to a covered vehicle by the owner 
or user of such vehicle. 
(8) USER PREFERENCE.—The term ‘‘user pref-
erence’’ means any choice with respect to a 
configurable setting of a covered vehicle made by or 
for the benefit of the owner or user of such covered 
vehicle. 
(9) VEHICLE-GENERATED
DATA.—The term 
‘‘vehicle-generated data’’ means all electronic data 
generated or processed onboard a covered vehicle, 
such as data generated by sensors, receivers, com-
puter processing units, or other vehicle components 
and includes the geolocation data of such covered ve-
hicle. 
SEC. 3. USER DATA AND VEHICLE-GENERATED DATA PRI-
VACY AND SECURITY. 
(a) PROHIBITION ON MANUFACTURERS.—With re-
spect to a covered vehicle, a manufacturer of such vehicle 
may not— 
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(1) access covered data, unless— 
(A) the owner of such covered vehicle or, 
in the event of the death or incapacity of such 
owner, the next of kin of such owner affirma-
tively consents to such manufacturer accessing 
such data and such consent— 
(i) is freely given; 
(ii) is informed, specific, and unam-
biguous; 
(iii) is in writing; and 
(iv) may be easily withdrawn; or 
(B) such data is accessed solely to improve 
covered vehicle performance or safety; 
(2) sell, lease, or otherwise share covered data, 
unless— 
(A) required to do so— 
(i) pursuant to a lawfully executed 
warrant; 
(ii) pursuant to a court order that 
provides the covered vehicle owner notice 
of the order and at least 48 hours to object 
and request a hearing; or 
(iii) to facilitate an emergency re-
sponse; or 
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(B) the owner of such covered vehicle, or, 
in the event of the death or incapacity of such 
owner, the next of kin of such owner, affirma-
tively consents to such manufacturer to do so 
and such consent— 
(i) is freely given; 
(ii) is informed, specific, and unam-
biguous; 
(iii) is in writing; and 
(iv) may be easily withdrawn; or 
(3) sell, license, rent, trade, transfer, release, 
disclose, provide access to, or otherwise make avail-
able personally identifiable information of a United 
States citizen or lawful permanent resident to the 
following: 
(A) The Democratic People’s Republic of 
Korea. 
(B) The People’s Republic of China. 
(C) The Russian Federation. 
(D) The Islamic Republic of Iran. 
(E) The Bolivarian Republic of Venezuela. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Commission shall, in con-
sultation with the Attorney General, the Secretary of 
Homeland Security, the Secretary of Transportation, and 
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the Federal Communications Commission, submit to Con-
gress a report that describes with respect to covered 
data— 
(1) the types of such data that a manufacturer 
of a covered vehicle accesses; 
(2) the individuals and entities, other than a 
manufacturer of a covered vehicle, that access such 
data; 
(3) the Federal or State Government entities 
that access such data and how such entities use such 
data; 
(4) the individuals and entities to whom such 
data may be sold or otherwise shared; 
(5) the foreign governments to whom such data 
may be sold or otherwise shared and how such data 
is used by such foreign governments; 
(6) the cybersecurity capabilities and risks asso-
ciated with covered vehicles; 
(7) occurrences of such data being com-
promised, including the prevalence of such occur-
rences and any entities with ties to foreign govern-
ments associated with such occurrences; and 
(8) a description of the feasibility of a tech-
nology-neutral, standards-based, secure interface to 
allow an owner of a covered vehicle access to such 
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data designed without preference or prejudice to-
wards any technology or service used to access and 
control such data by such owner, and not contingent 
on ownership or licensing of proprietary technologies 
by such owner or a manufacturer of a covered vehi-
cle. 
SEC. 4. VEHICLE OWNER’S DATA ACCESS AND CONTROL. 
(a) IN GENERAL.—The manufacturer of a covered 
vehicle shall provide to an owner of such vehicle access 
to, and control of, all covered data generated or processed 
onboard, or transferred to, such vehicle— 
(1) at no cost beyond the purchase price of 
such vehicle; 
(2) in real time; 
(3) without any restriction or limitation on use 
or authorizing access to third parties; 
(4) without a requirement that the covered ve-
hicle owner pay a fee or purchase a license to 
decrypt such data or use a device provided by such 
manufacturer to access and use such data; 
(5) through the vehicle’s interface port and 
through wireless transmission of such data to the ex-
tent such vehicle is equipped with technology to 
wirelessly transmit such data; and 
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(6) in a manner that enables the operation of 
an open application programming interface that— 
(A) facilitates deletion of all user data 
stored in a covered vehicle; and 
(B) enables the setting of any user pref-
erence by the covered vehicle owner or another 
user of the covered vehicle. 
(b) RELATION TO OTHER LAWS.—This section su-
persedes any statute, rule, requirement or other legal obli-
gation of a State of political subdivision thereof that re-
lates to the requirements of this section. 
SEC. 5. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—A 
violation of this Act shall be treated as a violation of a 
rule defining an unfair or deceptive act or practice under 
section 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(b) POWERS OF THE COMMISSION.— 
(1) IN GENERAL.—The Commission shall en-
force 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. 
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(2) PRIVILEGES AND IMMUNITIES.—Any person 
who violates this Act shall be subject to the penalties 
and entitled to the privileges and immunities pro-
vided in the Federal Trade Commission Act (15 
U.S.C. 41 et seq.). 
(3) AUTHORITY PRESERVED.—Nothing in this 
Act shall be construed to limit the authority of the 
Commission under any other provision of law. 
SEC. 6. DISCLOSURE OF CONFIDENTIAL BUSINESS INFOR-
MATION. 
Except as provided in section 4, nothing in this Act 
shall require a manufacturer of a covered vehicle to di-
vulge confidential business information (as that term is 
defined in section 512.3(c) of title 49, Code of Federal 
Regulations). 
SEC. 7. EFFECTIVE DATE. 
This Act shall take effect on the date that is 3 
months after the date of enactment of this Act. 
SEC. 8. NO NEW APPROPRIATIONS. 
No additional funds are authorized to be appro-
priated to carry out this Act. The Commission shall carry 
out this Act using amounts otherwise appropriated. 
Æ 
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