SEC. 2. FINDINGS. 
Congress find that— 
(1) as technology advances and vehicle systems 
become more advanced, vehicle repair and mainte-
nance will require access to extensive vehicle data, 
software, sophisticated replacement components, 
training, diagnostic tools and enhanced diagnostic 
repair services; 
(2) consumers and their designees must have 
access to vehicle-generated data and aftermarket 
parts that are necessary to maintain consumer 
choice and competitive pricing; 
(3) consumer choice, consumer control, motor 
vehicle cybersecurity, and safety are all valid con-
cerns and do not have to be mutually exclusive; 
(4) vehicles generate increasingly massive 
amounts of data and the Federal Trade Commission 
and the National Highway Traffic Safety Adminis-
tration are uniquely positioned, after considering 
consumers’ privacy and cybersecurity needs, to des-
ignate additional types of data not specifically con-
sidered or identified by Congress that consumers 
should be able to easily share with persons they 
choose for the reasons they choose and examine fair 
competition in evolving motor vehicle technologies; 
and 
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(5) it is in the interest of the United States to 
foster competition in the motor vehicle repair indus-
try and not limit consumers in their choices for 
maintenance, service, and repair, allowing consumers 
and the industry to benefit from a system that fos-
ters communication, collaboration, and innovation 
and promotes consumer choice. 
SEC. 3. MAINTAINING COMPETITION AFTER CONSUMERS 
PURCHASE OR LEASE THEIR MOTOR VEHI-
CLES. 
(a) IN GENERAL.— 
(1) PROHIBITION ON MOTOR VEHICLE MANU-
FACTURERS WITHHOLDING OF DATA, CRITICAL RE-
PAIR INFORMATION, AND TOOLS.—A motor vehicle 
manufacturer shall not employ any technological 
barrier or specified legal barrier that impairs the 
ability of— 
(A) a motor vehicle owner or the motor ve-
hicle owner’s designee to access vehicle-gen-
erated data pursuant to subparagraphs (A) and 
(B) of paragraph (2); 
(B) a motor vehicle owner or the motor ve-
hicle owner’s designee, or an aftermarket parts 
manufacturer, a motor vehicle equipment manu-
facturer, an aftermarket parts remanufacturer, 
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or a motor vehicle repair facility and their dis-
tributors and service providers to access critical 
repair information and tools pursuant to para-
graph (2)(C); 
(C) a motor vehicle owner or the motor ve-
hicle owner’s designee to use a vehicle towing or 
service provider of their choice; 
(D) an aftermarket parts manufacturer, a 
motor vehicle equipment manufacturer, an 
aftermarket parts remanufacturer, or a motor 
vehicle repair facility and their distributors and 
service providers to produce or offer compatible 
aftermarket parts; or 
(E) a motor vehicle owner or the motor ve-
hicle owner’s designee to diagnose, repair, and 
maintain a motor vehicle in the same manner 
as any motor vehicle manufacturer or motor ve-
hicle dealer. 
(2) REQUIREMENT TO PROVIDE MOTOR VEHI-
CLE DATA TO OWNERS.—A motor vehicle manufac-
turer shall— 
(A) effective on the date of enactment of 
this Act, provide for motor vehicle owners or 
their designees, without restrictions or limita-
tions (including a fee, license, or requiring use 
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of a device mandated by the motor vehicle man-
ufacturer to decrypt vehicle-generated data), to 
have access to vehicle-generated data; 
(B) beginning not later than 1 year after 
publication of the final rule issued under sec-
tion 5(b), if the motor vehicle manufacturer uti-
lizes wireless technology or telematics systems 
to transmit any vehicle-generated data, make 
available vehicle-generated data described in 
subparagraph (A) to the motor vehicle owner 
and its designees, directly and wirelessly from 
the vehicle through a standardized access plat-
form; and 
(C) effective on the date of enactment of 
this Act, make available to motor vehicle owners 
and their designees, aftermarket parts manu-
facturers, aftermarket parts remanufacturers, 
and motor vehicle repair facilities, and their dis-
tributors and service providers without restric-
tions or limitations, any critical repair informa-
tion and tools related to the motor vehicles it 
manufactures at a fair, reasonable, and non-
discriminatory cost. 
(3) PROHIBITION ON CERTAIN MANDATES BY 
MOTOR VEHICLE MANUFACTURERS RELATED TO RE-
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PAIRS.—Outside of recall and warranty repairs, a 
motor vehicle manufacturer shall not, within repair 
or maintenance service procedures, recommenda-
tions, service bulletins, repair manuals, position 
statements, or other similar repair or maintenance 
guides that are distributed to consumers or to pro-
fessional repairers— 
(A) mandate or imply a mandate to use 
any particular brand or manufacturer of parts, 
tools, or equipment; or 
(B) recommend the use of any particular 
brand or manufacturer of parts, tools, or equip-
ment unless the motor vehicle manufacturer 
provides a prominent notice immediately fol-
lowing the recommendation, in the same font as 
the recommendation and in a font size no 
smaller than the font size used in the rec-
ommendation, stating that: ‘‘Vehicle owners can 
choose which repair parts, tools, and equipment 
to purchase and should carefully consider their 
options.’’. 
(4) CYBERSECURITY.—Nothing in this section 
shall preclude a manufacturer from employing cryp-
tographic or technological protections necessary to 
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secure vehicle-generated data safety critical vehicle 
systems, and vehicles. 
(5) PROHIBITION ON CERTAIN LIMITATIONS.— 
The entity managing access to vehicle-generated 
data transmitted by the standardized access plat-
form shall not limit the number or types of persons 
which each motor vehicle owner may designate as si-
multaneous designees under this subsection. 
(6) NOTIFICATIONS.—Each motor vehicle man-
ufacturer shall notify motor vehicle owners either via 
an on-vehicle screen or through a mobile device that 
vehicle-generated data is being accessed. Notifica-
tions shall specify whether each such access by the 
motor vehicle owner, a designee of the motor vehicle 
owner, or the motor vehicle manufacturer, includes 
the ability to send an in-vehicle command or soft-
ware update in order to complete a repair. 
(7) LIMITATION.—A motor vehicle manufac-
turer, including any affiliates of the motor vehicle 
manufacturer, and any persons working on behalf of 
the motor vehicle manufacturer, shall not be consid-
ered or treated as, or in the same way, as the motor 
vehicle owner or as designees of the motor vehicle 
owner for any purpose except for including them in 
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notifications of persistent access to vehicle-generated 
data. 
(b) NULLIFICATION
OF ATTEMPTS TO RESTRICT 
COMPETITION AND CONSUMER RIGHTS.—Any provision 
in a contract executed on or after the date of 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 it would allow the motor vehicle 
manufacturer to avoid its obligations under subsection (a). 
SEC. 4. FAIR COMPETITION AFTER VEHICLES ARE SOLD 
ADVISORY COMMITTEE. 
(a) ESTABLISHMENT.—Not later than 90 days after 
the date of enactment of this Act, the Commission shall 
establish a ‘‘Fair Competition After Vehicles are Sold Ad-
visory Committee,’’ hereafter referred to as the ‘‘Advisory 
Committee’’. The Chairman of the Commission (or the 
designee of the Chairman) shall serve as the chairman of 
the Advisory Committee. 
(b) MEMBERSHIP.—The Advisory Committee shall be 
composed of the following members: 
(1) The Director of the Bureau of Competition, 
or his or her designee. 
(2) The Administrator of the National Highway 
Traffic Safety Administration, or his or her des-
ignee. 
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(3) Eleven individuals, appointed by the Chair-
man of the Commission, from each of the following: 
(A) Independent repair facilities. 
(B) Motor vehicle parts retailers. 
(C) Motor vehicle parts distributors. 
(D) Original equipment parts manufactur-
ers. 
(E) Aftermarket parts manufacturers. 
(F) Aftermarket tools manufacturers. 
(G) Motor vehicle manufacturers. 
(H) Vehicle dealership service centers. 
(I) Consumer rights organizations. 
(J) Automobile insurers. 
(K) Trucking companies. 
(c) FUNCTION.—The Advisory Committee shall pro-
vide recommendations to the Commission on implementa-
tion of this Act and competition issues after motor vehicles 
are sold, including those facing the vehicle repair industry 
to include an assessment of existing and emerging barriers 
related to vehicle repair, as well as ensuring motor vehicle 
owners’ control over their vehicle-generated data. 
(d) DUTIES.—In carrying out its function under sub-
section (b), the Advisory Committee shall— 
(1) foster industry collaboration in a clear and 
transparent manner; 
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(2) coordinate with and include participation by 
the private sector, including representatives of— 
(A) independent repair facilities; 
(B) motor vehicle parts retailers; 
(C) motor vehicle parts distributors; 
(D) original equipment parts manufactur-
ers; 
(E) aftermarket parts manufacturers; 
(F) aftermarket tools manufacturers; 
(G) motor vehicle manufacturers; 
(H) vehicle dealership service centers; 
(I) consumer rights organizations; 
(J) automobile insurers; 
(K) members of the public; and 
(L) other interested parties; and 
(3) assess existing and emerging barriers to 
competitive vehicle repair. 
(e) MEETINGS.—The Advisory Committee shall meet 
at least three times per year at the call of the chairman. 
(f) REPORT.—On at least an annual basis, the Advi-
sory Committee shall issue a report to the chairman on 
efforts by the industries represented within the Advisory 
Committee to implement this Act as well as an assessment 
of existing and emerging barriers to vehicle repair and 
motor vehicle owners’ control over their vehicle-generated 
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data, including whether additional types of data should be 
included in the definition of vehicle-generated data. The 
Commission shall provide a copy of each report to the 
Committee on Energy and Commerce of the House of 
Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate within 30 days 
of receipt of each report. 
(g) TERMINATION.—The Advisory Committee shall 
terminate upon an agreement of a majority of the mem-
bership. The Advisory Committee shall provide notice of 
its planned termination to the Committee on Energy and 
Commerce of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the 
Senate, not later than 30 days prior to such termination 
and shall include a basis for the termination. 
SEC. 5. RULEMAKING AND OTHER DIRECTIVES. 
(a) SECURITY STANDARDS FOR ACCESS TO VEHICLE- 
GENERATED DATA THROUGH THE STANDARDIZED AC-
CESS PLATFORM.—Not later than 1 year after the date 
of enactment of this Act, the National Highway Traffic 
Safety Administration, in consultation with the Commis-
sion, shall, by regulations issued under section 553 of title 
5, United States Code, issue standards for access to data 
through the standardized access platform and establishing 
guidance to ensure the security of vehicle-generated data 
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and vehicles as related to the access of vehicle-generated 
data required pursuant to this Act. 
(b) DESIGNATION OF INDEPENDENT ENTITY TO AD-
MINISTER ACCESS TO DATA THROUGH THE STANDARD-
IZED ACCESS PLATFORM.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, the Commission, 
in consultation with the National Highway Traffic 
Safety Administration, shall, by regulations issued 
under section 553 of title 5, United States Code, 
designate an independent entity not controlled by 
one or more motor vehicle manufacturers to estab-
lish and administer access to vehicle-generated data 
transmitted by standardized access platforms. 
(2) COMPOSITION.—Such independent entity 
designated under paragraph (1) shall consist of a 
cross-section of industry stakeholders, including 
aftermarket part manufacturers, telematics service 
providers, and motor vehicle manufacturers. 
(3) RESPONSIBILITIES.—The responsibilities of 
such independent entity shall include— 
(A) managing cybersecure access of vehi-
cle-generated data, including ensuring, on an 
ongoing basis, that access to the platform is se-
cure based on all applicable international stand-
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ards, including those required by the National 
Highway Traffic Safety Administration in the 
final regulations issued pursuant to paragraph 
(1); 
(B) managing legitimate data requests, 
data standardization and harmonization; and 
(C) dispute resolution. 
(c) INFORMING MOTOR VEHICLE OWNERS OF THEIR 
RIGHTS UNDER THIS ACT.—Not later than 2 years after 
the date of enactment of this Act, the Commission, in con-
sultation with the National Highway Traffic Safety Ad-
ministration, shall issue final regulations under section 
553 of title 5, United States Code, to require motor vehicle 
manufacturers and motor vehicle dealers to inform motor 
vehicle owners of their rights under this Act at the point 
of purchase or lease of a motor vehicle. 
SEC. 6. ENFORCEMENT BY THE FEDERAL TRADE COMMIS-
SION. 
(a) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.— 
A violation of this Act or a regulation issued under section 
5 shall be treated as a violation of a regulation under sec-
tion 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. The Commission shall enforce this sec-
tion in the same manner, by the same means, and with 
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the same jurisdiction, powers, and duties as though all ap-
plicable terms and provisions of the Commission Act (15 
U.S.C. 41 et seq.) were incorporated into and made a part 
of this Act. 
(b) PRIVILEGES AND IMMUNITIES.—Any person who 
violates this Act shall be subject to the penalties and enti-
tled to the privileges and immunities provided in the Fed-
eral Trade Commission Act. 
(c) COMPLAINT PROCESS.— 
(1) FILING.—Any person alleging any action 
taken or refused to be taken by any motor vehicle 
manufacturer subject to this Act, in violation of this 
Act may file a complaint with Commission briefly 
stating the facts of such complaint. 
(2) NOTIFICATION
TO
AND
RESPONSE
FROM 
MOTOR VEHICLE MANUFACTURER.—Upon receiving 
a complaint under this subsection, the Commission 
shall forward the complaint to the motor vehicle 
manufacturer named in the complaint, and request-
ing that such motor vehicle manufacturer answer 
such complaint in writing within a reasonable time 
to be specified by the Commission. 
(3) FURTHER ACTION.—If such motor vehicle 
manufacturer within the time specified in paragraph 
(2) has ceased the conduct that is the subject of the 
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complaint and has otherwise made reparation for 
any harm injury alleged to have been caused, the 
motor vehicle manufacturer shall be relieved of li-
ability to the complainant only for the particular vio-
lation of law thus complained of. If such motor vehi-
cle manufacturer does not satisfy the complaint 
within the time specified or there is any reasonable 
ground for investigating such complaint, the Com-
mission shall investigate the matters complained of 
in such manner and by such means as it shall con-
sider proper. No complaint may at any time be dis-
missed because of the absence of direct damage to 
the complaint. 
(4) DEADLINE FOR ORDERS BY THE COMMIS-
SION.—The Commission shall, with respect to any 
investigation of complaint of a violation of this Act 
or a regulation issued under section 5 issue an order 
concluding such investigation within 5 months after 
the date on which the complaint was filed. Any order 
concluding an investigation under this paragraph 
shall be a final order and may be appealed to the 
Federal district court for the District of Columbia. 
SEC. 7. DEFINITIONS. 
(a) DEFINITIONS.—In this Act, the following defini-
tions apply: 
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(1) 
AFTERMARKET
PART.—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 vehicle manufacturer’s produc-
tion line. Such term does not include any original 
equipment or part manufactured for a motor vehicle 
manufacturer. 
(2) BARRIER.—The term ‘‘barrier’’ means a re-
striction that prohibits, makes more difficult, or 
tends to make more difficult, the ability of a person 
to exercise rights under this section. 
(3) 
CRITICAL
REPAIR
INFORMATION
AND 
TOOLS.—The term ‘‘critical repair information and 
tools’’ means all necessary technical and compat-
ibility information, tools, equipment, schematics, 
parts nomenclature and descriptions, parts catalogs, 
repair procedures, training materials, software, and 
technology, specifically including but not limited to 
information related to diagnostics, repair, service, 
calibration or recalibration of parts and systems to 
return a vehicle to operational specifications. 
(4) INSURER.—The term ‘‘insurer’’ has the 
meaning given that term under section 313(r) of 
title 31, United States Code. 
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(5) MOTOR
VEHICLE
REPAIR
FACILITY.—The 
term ‘‘motor vehicle repair facility’’ means any per-
son or business who, in the ordinary course of its 
business, is engaged in the business of diagnosis, 
service, maintenance, repair, or calibration of motor 
vehicles or motor vehicle equipment. 
(6) MOTOR
VEHICLE
DEALER.—The term 
‘‘motor vehicle dealer’’ means a dealer, as defined in 
section 30102(a) of title 49, United States Code, 
which has an agreement with a motor vehicle manu-
facturer related to the diagnostics, repair, or service 
of a motor vehicle. 
(7) MOTOR
VEHICLE
MANUFACTURER.—The 
term ‘‘motor vehicle manufacturer’’ means an entity 
manufacturing a ‘‘motor vehicle’’ as defined in sec-
tion 30102(a) of title 49, United States Code. 
(8) MOTOR VEHICLE.—The term ‘‘motor vehi-
cle’’ has the meaning given such term in section 
30102(a) of title 49, United States Code, and of the 
term ‘‘motor vehicle trailer’’ in section 390 of title 
49, Code of Federal Regulations. 
(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. 
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