(9) MOTOR VEHICLE EQUIPMENT.—The term 
‘‘motor vehicle equipment’’ has the meaning given 
such term in section 30102(a) of title 49, United 
States Code. 
(10) MOTOR
VEHICLE
OWNER.—The term 
‘‘motor vehicle owner’’ means a person with a 
present possessive ownership right in a motor vehicle 
or a lessee of a motor vehicle. It does not include a 
motor vehicle manufacturer or a person operating on 
behalf of a motor vehicle manufacturer, a motor ve-
hicle financing company, a motor vehicle dealer, or 
a motor vehicle lessor. 
(11) PERSON.—The term ‘‘person’’ means an 
individual, trust, estate, partnership, association, 
company, or corporation. 
(12) COMMISSION.—The term ‘‘Commission’’ 
means the Federal Trade Commission. 
(13) CHAIRMAN.—The term ‘‘Chairman’’ means 
the Chairman of the Federal Trade Commission. 
(14) REMANUFACTURER.—The term ‘‘remanu-
facturer’’ means a person utilizing a standardized 
industrial process by which previously sold, worn, or 
non-functional products are returned to same-as- 
new, or better, condition and performance. The proc-
ess is in line with specific technical specifications, in-
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cluding engineering, quality, and testing standards. 
The process yields fully warranted products. 
(15) SERVICE PROVIDER.—The term ‘‘service 
provider’’ means any designee of a motor vehicle 
owner or motor vehicle repair facility employed by 
the motor vehicle owner or motor vehicle repair facil-
ity to assist with the diagnosis and repair of a vehi-
cle including wireless and remote technologies, or 
with any other wireless and remote services com-
parable to those provided by a vehicle manufacturer. 
(16) SPECIFIED
LEGAL
BARRIER.—The term 
‘‘specified legal barrier’’ means— 
(A) requesting a waiver of a motor vehicle 
owner’s right to use a repair facility of the con-
sumer’s choice under this Act, requiring a waiv-
er as a condition for purchasing, leasing, oper-
ating, or obtaining warranty repairs, or offering 
any compensation or other incentive for such a 
waiver; or 
(B) a barrier included within the definition 
of ‘‘specified legal barrier’’ in regulations pro-
mulgated by the Commission pursuant to sub-
section (b). 
(17) STANDARDIZED ACCESS PLATFORM.—The 
term ‘‘standardized access platform’’ means a 
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cybersecure authentication and authorization system 
developed by a motor vehicle manufacturer, for the 
motor vehicles it manufactures, that has the ability 
to securely access and communicate vehicle gen-
erated data emanating directly from a motor vehicle 
via direct local and remote wireless data connections 
bidirectionally and in real time. 
(18) TECHNOLOGICAL
BARRIER.—The term 
‘‘technological barrier’’ means any technological re-
striction that prohibits, makes more difficult, or 
tends to make more difficult, the ability of a person 
to exercise rights under this Act. It includes any 
such restriction specifically prohibited by regulations 
promulgated by the Commission pursuant to sub-
section (b). 
(19) 
TELEMATICS
SYSTEM.—The 
term 
‘‘telematics system’’ means any system in a motor 
vehicle that collects information generated by the op-
eration of the vehicle and transmits such informa-
tion, utilizing wireless communications to a remote 
receiving point where it is stored. 
(20) VEHICLE-GENERATED
DATA.—The term 
‘‘vehicle-generated data’’ means any direct, real- 
time, in-vehicle data generated, or generated and re-
tained, by the operation of a motor vehicle related 
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to diagnostics, repair, service, wear, and calibration 
or recalibration of parts and systems required to re-
turn a vehicle to operational specifications in compli-
ance with Federal motor vehicle safety and emis-
sions laws, regulations, and standards, as well as 
any data related to the types of data included within 
the definition of vehicle-generated data in regula-
tions promulgated by the Commission pursuant to 
subsection (b). 
(b) AUTHORITY
TO
EXPAND
CERTAIN
DEFINI-
TIONS.— 
(1) REGULATIONS.—The Commission, in con-
sultation with the National Highway Traffic Safety 
Administration, may, by regulation under section 
553 of title 5, United States Code— 
(A) expand the definition of specified legal 
barrier under subsection (a)(16) to include bar-
riers to— 
(i) motor vehicle repair; or 
(ii) control by a motor vehicle owner 
of the motor vehicle owner’s vehicle-gen-
erated data; 
(B) include within the definition of techno-
logical barrier under subsection (a)(18) specific 
prohibited practices; or 
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(C) add additional types of data to the def-
inition of vehicle-generated data under sub-
section (a)(20), regardless of whether those 
types of data are related to motor vehicle re-
pair, taking cybersecurity and privacy into con-
sideration, to allow consumers and their des-
ignees to directly access additional types of ve-
hicle-generated data, and for additional pur-
poses. 
(2) REVIEW.—The Commission shall review its 
authority under paragraph (1) not less frequently 
than every 3 years after the date of enactment of 
this Act to consider whether it is necessary to up-
date such definitions under such authority to ensure 
that the standardized access platform is effective for 
motor vehicle owners and their designees. In con-
ducting such reviews, the Commission shall request 
comments from aftermarket parts manufacturers, 
motor vehicle repair facilities, motor vehicle manu-
facturers, consumer rights organizations, automobile 
insurers, and others for the Commission to collect 
information on new, emerging barriers and other 
issues relevant to the Commission’s determination of 
whether to updates such definitions. 
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SEC. 8. REPORT TO CONGRESS. 
Not later than 2 years after the date of enactment 
of this Act, and every two years thereafter, the Commis-
sion shall submit to the Committee on Energy and Com-
merce 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 under section 6, including descriptions 
of unfair practices relating to repair and data access 
restrictions, and a summary of best practices from 
stakeholders; 
(2) actions the Commission is taking to adapt 
to changes and advances in motor vehicle technology 
to maintain competition in the motor vehicle 
aftermarket and to ensure motor vehicle owners’ 
control over their vehicle-generated data; and 
(3) any recommendations by the Commission 
for legislation that would improve the ability of the 
Commission and other relevant Federal agencies to 
further protect consumers from unfair acts limiting 
competition in motor vehicle repair and strengthen 
their control over their vehicle-generated data. 
SEC. 9. EFFECT ON STATE LAW. 
(a) IN GENERAL.—Except as provided in subsection 
(b), this Act shall preempt State law only to the extent 
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a State law imposes a duty on a manufacturer that is nar-
rower than the duties described in this section. 
(b) PREEMPTION.—Notwithstanding subsection (a), 
this Act shall preempt any State law mandating the use 
of any particular brand or manufacturer of parts, tools, 
or equipment for the purpose of maintaining, diagnosing, 
or repairing a motor vehicle. 
SEC. 10. SEVERABILITY. 
If any provision of this Act is held to be invalid, the 
remainder of this Act shall not be affected thereby. 
Æ 
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