(2) other information of any kind used to diag-
nose, service, repair, activate, certify, or install any
motor vehicle equipment (including replacement
equipment) in a motor vehicle.
(b) PROTECTION OF TRADE SECRETS.—
(1) DETERMINATION BY FEDERAL TRADE COM-
MISSION.—The Federal Trade Commission may not
require a manufacturer to publicly disclose informa-
tion that, if made public, would divulge methods or
processes entitled to protection as trade secrets of
that manufacturer, but may require disclosure of
such information to the Commission for the purpose
of determining whether such information is entitled
to such protection. Such determination shall be
made on the record after an opportunity for an
agency hearing.
(2) PREVIOUSLY
DISCLOSED
INFORMATION.—
No such information may be withheld by a manufac-
turer if that information is provided (directly or in-
directly) to franchised dealers or other repair facili-
ties.
SEC. 4. UNFAIR OR DECEPTIVE ACT OR PRACTICE.
The failure by a manufacturer to provide the infor-
mation required by section 3(a) constitutes 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))). Violation of a rule prescribed under
section 6(a) constitutes violation of a rule defining an un-
fair 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)).
SEC. 5. PRIVATE RIGHT OF ACTION.
A vehicle owner or repair facility may bring a civil
action to enjoin a violation of this Act and to recover the
costs of litigation (including reasonable attorney and ex-
pert witness fees). Such an action may be brought in the
district court of the United States for the district in which
such owner resides or such repair facility does business,
without regard to the amount in controversy or the citizen-
ship of the parties.
SEC. 6. RULEMAKING.
(a) IN GENERAL.—Not later than 180 days after the
date of enactment of this Act, the Federal Trade Commis-
sion shall prescribe rules setting forth a uniform method
by which a manufacturer shall provide the information re-
quired by section 3(a), including disclosure in writing, on
the Internet, or in any other manner, or under such terms,
as the Commission determines may be appropriate. Such
rules shall take effect for vehicles manufactured after
model year 1994.
(b) LIMITATION.—The Federal Trade Commission
may not prescribe rules that—
(1) interfere with the authority of the Adminis-
trator 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 emis-
sions control diagnostics systems; or
(2) conflict with rules prescribed by such Ad-
ministrator under such section.
SEC. 7. DEFINITIONS.
In this Act:
(1) The term ‘‘commerce’’ has the meaning
given that term in section 4 of the Federal Trade
Commission Act (15 U.S.C. 44).
(2) The terms ‘‘manufacturer’’, ‘‘motor vehi-
cle’’, and ‘‘motor vehicle equipment’’ have the mean-
ings given those terms in section 30102(a) of title
49, United States Code.
(3) The term ‘‘vehicle owner’’ means any per-
son who owns, leases, or otherwise has the legal
right to use and possess a motor vehicle, or the
agent of such person.
(4) The term ‘‘repair facility’’ means a person
engaged in the repair, diagnosing, or servicing of
motor vehicles or motor vehicle engines.
(5) The term ‘‘replacement equipment’’ has the
meaning given that term in section 30102(b)(1) of
title 49, United States Code.
(6) The term ‘‘model year’’ has the meaning
give that term in section 32901(a) of title 49,
United States Code.
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