Maintaining competition after consumers purchase or lease their motor vehicles

(a) In general (1) Prohibition on restricting the ability of motor vehicle owners to use the repair parts and repair facilities of their choice Beginning on the date that is 180 days after the date of enactment of this Act: (A) Use of barriers A motor vehicle manufacturer shall not employ any barrier that impairs the ability of— (i) a motor vehicle owner (or their designee) to access vehicle-generated data; (ii) a motor vehicle owner (or their designee), an aftermarket parts manufacturer, a motor vehicle equipment manufacturer, a remanufacturer, a diagnostic tool manufacturer, or a motor vehicle repair facility (including their distributors and service providers), to access critical repair information, tools, and parts; (iii) a motor vehicle owner (or their designee) to use a vehicle towing or service provider of their choice; (iv) an aftermarket parts manufacturer, a motor vehicle equipment manufacturer, a remanufacturer, a junk yard, a salvage yard, or a motor vehicle repair facility (including their distributors and service providers) to produce or offer compatible alternative parts; (v) a motor vehicle owner (or their designee) to install and use compatible alternative parts in or on a motor vehicle to repair or maintain the motor vehicle; or (vi) a motor vehicle owner (or their designee) to diagnose, repair, or maintain a motor vehicle. (B) Software updates Subject to paragraph (5), a motor vehicle manufacturer shall not intentionally implement, while addressing driver and operational safety, any software update to a motor vehicle with the specific intent of rendering any compatible alternative part or aftermarket part inoperable, in whole or in part, except as required by an order issued by the National Highway Traffic Safety Administration. (2) Requirement to provide vehicle-generated data to motor vehicle owners and their designees Beginning on the date that is 180 days after the date of enactment of this Act, a motor vehicle manufacturer shall— (A) provide to a motor vehicle owner (or their designee), without restriction or limitation, access to vehicle-generated data, including vehicle-generated data made available through the motor vehicle's interface ports; and (B) to the extent the motor vehicle is equipped for wireless transmission of vehicle-generated data over wireless technology via any telematics system, provide to a motor vehicle owner (or their designee) access to their vehicle-generated data— (i) at a fair, reasonable, and nondiscriminatory cost in or at the same manner, sequence, and method as any motor vehicle manufacturer, affiliate of a motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to which a motor vehicle manufacturer gives vehicle-generated data has access to such data; and (ii) in a manner that is subject to the same cryptographic or technological protections as any motor vehicle manufacturer, affiliate of a motor vehicle manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party to whom the motor vehicle manufacturer provides such data. (3) Requirement to make critical repair information, tools, and parts available for purchase by motor vehicle owners, designees of motor vehicle owners, and members of the repair industry Beginning on the date that is 180 days after the date of enactment of this Act, a motor vehicle manufacturer shall make available to motor vehicle owners (and their designees), aftermarket parts manufacturers, remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (including their distributors and service providers), without restrictions or limitations, any critical repair information, tools, and parts related to the motor vehicles it manufactures at a fair, reasonable, and non-discriminatory cost. (4) Prohibition on certain mandates by motor vehicle manufacturers related to repairs (A) In general Subject to subparagraph (B), a motor vehicle manufacturer shall not, within any repair or maintenance service procedure, recommendation, service bulletin, repair manual, position statement, software, firmware, other electronic system, or other similar repair or maintenance guide that is distributed to consumers or to professional repairers— (i) mandate the use of any particular brand or manufacturer of tools, parts, or other motor vehicle equipment; (ii) prohibit the use of alternative parts to repair or maintain a motor vehicle; or (iii) recommend the use of any particular brand or manufacturer of tools, parts, or other motor vehicle equipment unless the motor vehicle manufacturer provides 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 tools, parts, and other motor vehicle equipment to purchase and should carefully consider their options among different brands and manufacturers.. (B) Exception The prohibition described in subparagraph (A) shall not apply to a recall, warranty repair, or voluntary repair campaign. (5) Cybersecurity Nothing in this section shall preclude a motor vehicle manufacturer from employing cryptographic or technological protections necessary to secure vehicle-generated data, safety critical vehicle systems, and vehicles, provided that such protections comply with the requirements described in paragraphs (1) and (2). (6) Designee prohibitions A motor vehicle manufacturer— (A) shall not limit the number or type of persons that a motor vehicle owner may designate as simultaneous designees; and (B) shall ensure that a motor vehicle owner has the ability to revoke the designation of a person as a designee in the same manner as the motor vehicle owner designated such person as a designee. (7) Required notification Each motor vehicle manufacturer shall provide a notification, using an on-vehicle screen or through a mobile device, to a motor vehicle owner when the vehicle-generated data of the owner is being accessed by any designee of the owner. (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). (c) Proprietary interfaces Nothing in this section shall be construed— (1) to require a motor vehicle dealer to use a non-proprietary vehicle interface; or (2) to prohibit a motor vehicle manufacturer from developing a proprietary vehicle diagnostic and reprogramming device, provided that the motor vehicle manufacturer— (A) otherwise complies with the requirements of this section; and (B) makes any such proprietary device available to all motor vehicle repair facilities and parts and tool manufacturers upon fair and reasonable terms.