,,ii #aahth ,,congress #b;d ,session ,s4 #eegi ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ah 7legislative day1 ,december #af71 #bjbd,mr4 ,lee 7for himself and ,mr4 ,merkley7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to prevent covered vehicle manufacturers from accessing1 selling1 or otherwise selling certain covered vehicle data1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,auto ,data ,privacy and ,autonomy ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,federal ,trade ,commission4 7#b7 ,covered vehicle ,the term covered vehicle means a motor vehicle or a vehicle primarily used for farming or construction4 7#c7 ,director ,the term ,director means the ,director of the ,national ,institute of ,standards and ,technology4 7#d7 ,motor vehicle ,the term motor vehicle has the same meaning given such term in section #cjajb7;a7 of title #di1 ,united ,states ,code1 and includes a motor vehicle trailer4 7#e7 ,operator data ,the term operator data means-- 7,a7 all electronic data generated or processed onboard a covered vehicle1 such as data generated by sensors1 receivers1 computer processing units1 or other vehicle components2 and 7,b7 data stored in a covered vehicle generated by the user of such covered vehicle4 7#f7 ,personally identifiable information ,the term personally identifiable information means information that-- 7,a7 directly identifies an individual such as the name1 address1 social security number or other identifying number or code1 telephone number1 or email address of an individual2 7,b7 indirectly identifies an individual such as the gender1 race1 or date of birth of an individual2 or 7,c7 reveals the physical location or internet activity of an individual4 7#g7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7#h7 ,secure ,the term secure means1 with respect to the interface for access and control of operator data described in section #d7;c71 designed to prevent malicious or unauthorized use or access of such data4 7#i7 ,technology-neutral ,the term technology-neutral means1 with respect to the interface for access and control of operator data described in section #d7;c71 designed without preference or prejudice towards any technology or service used to access and control such data by a covered vehicle owner1 and not contingent on ownership or licensing of proprietary technologies by a covered vehicle owner or manufacturer4 7#aj7 ,user preference ,the term user preference 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 vehicle4 #c4 ,operator data privacy and security 7a7 ,prohibition on manufacturers ,a manufacturer of a covered vehicle may not1 with respect to the covered vehicle of a covered vehicle owner that is manufactured by such manufacturer-- 7#a7 access operator data1 unless-- 7,a7 the covered vehicle owner affirmatively consents to such manufacturer accessing such data and such consent-- 7i7 is freely given2 7ii7 is informed1 specific1 and unambiguous2 7iii7 is in writing2 and 7iv7 may be easily withdrawn2 or 7,b7 such data is accessed solely to improve covered vehicle performance or safety2 7#b7 sell1 lease1 or otherwise share operator data1 unless-- 7,a7 required to do so-- 7i7 pursuant to a lawfully executed warrant2 7ii7 pursuant to a court order that provides the covered vehicle owner notice of the order and at least #dh hours to object and request a hearing2 or 7iii7 to facilitate an emergency response2 or 7,b7 expressly permitted to do so by the covered vehicle owner or1 in the event of the death or incapacity of such person1 the next of kin of such owner2 or 7#c7 sell1 license1 rent1 trade1 transfer1 release1 disclose1 provide access to1 or otherwise make available personally identifiable information of a ,united ,states citizen or lawful permanent resident to the following3 7,a7 ,the ,democratic ,people's ,republic of ,korea4 7,b7 ,the ,people's ,republic of ,china4 7,c7 ,the ,russian ,federation4 7,d7 ,the ,islamic ,republic of ,iran4 7,e7 ,the ,bolivarian ,republic of ,venezuela4 7b7 ,report 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act1 the ,commission shall submit to ,congress a report that describes1 with respect to operator data-- 7,a7 the types of such data that a manufacturer of a covered vehicle accesses2 7,b7 the individuals and entities1 other than a manufacturer of a covered vehicle1 that access such data2 7,c7 the ,federal or ,state government entities that access such data and how such entities use such data2 7,d7 the individuals and entities to whom such data may be sold or otherwise shared2 7,e7 the foreign governments to whom such data may be sold or otherwise shared and how such data is used by such foreign governments2 7,f7 the cybersecurity capabilities and risks associated with covered vehicles2 and 7,g7 occurrences of such data being compromised1 including the prevalence of such occurrences and any entities with ties to foreign governments associated with such occurrences4 7#b7 ,consultation ,in completing the report required under paragraph 7#a71 the ,commission shall consult with-- 7,a7 the ,attorney ,general2 7,b7 the ,secretary of ,homeland ,security2 7,c7 the ,secretary of ,transportation2 and 7,d7 the ,federal ,communications ,commission4 #d4 ,operator data access 7a7 ,in general ,a manufacturer of a covered vehicle shall provide to a covered vehicle owner access to1 and control of1 operator data-- 7#a7 at no cost beyond the purchase price of such vehicle2 7#b7 without any restriction or limitation1 consistent with subsection 7c72 and 7#c7 without a requirement that the covered vehicle owner-- 7,a7 pay a fee or purchase a license to decrypt operator data2 or 7,b7 use a device provided by such manufacturer to access and use operator data4 7b7 ,data deletion and user preferences ,to facilitate the access and control of operator data described in subsection 7a71 a manufacturer of a covered vehicle shall enable the operation of open application programming interfaces that-- 7#a7 facilitate deletion of all data stored in a covered vehicle generated by the user of such covered vehicle2 and 7#b7 enable the setting of any user preference by the covered vehicle owner or another user of the covered vehicle4 7c7 ,technology-neutral1 secure1 standards-based interface ,the manufacturer of a covered vehicle shall provide to a covered vehicle owner the access and control required by subsection 7a7 by means of a technology-neutral and secure interface that meets the standards set by the ,commission pursuant to section #e4 #e4 ,standards 7a7 ,standards report ,not later than #ahj days after the date of enactment of this ,act1 the ,commission shall submit to the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate and the ,committee on ,energy and ,commerce of the ,house of ,representatives a report on the current practices employed for operator data generation1 storage1 transmission1 and cybersecurity4 7b7 ,standards setting ,not later than #a year after the date on which the ,commission submits the report under subsection 7a71 the ,commission shall1 in coordination with the ,director1 relevant industry stakeholders1 including manufacturers of covered vehicles and covered vehicle owners1 and with other agencies as necessary1 establish #a or more standards for the technology-neutral1 standards-based1 secure interface required by section #d7;c74 7c7 ,standards review and revision ,not later than #e years after the date on which the ,commission1 in coordination with the ,director1 establishes the standards required under subsection 7b71 and not less frequently than once every #e years thereafter1 the ,commission shall review and revise such standards as appropriate4 #f4 ,enforcement 7a7 ,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 #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7b7 ,powers of the ,commission 7#a7 ,in general ,the ,commission shall enforce this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this ,act4 7#b7 ,privileges and immunities ,any person who violates this ,act shall be subject to the penalties and entitled to the privileges and immunities provided in the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq474 7#c7 ,authority preserved ,nothing in this ,act shall be construed to limit the authority of the ,commission under any other provision of law4 #g4 ,relation to other laws ,this ,act supersedes any statute1 rule1 requirement1 or other legal obligation of a ,state or political subdivision thereof1 or any ,federal law or regulation1 that relates to the requirements in this ,act4 #h4 ,disclosure of confidential business information ,except as provided in section #d1 nothing in this ,act shall require a manufacturer of a covered vehicle to divulge confidential business information 7as that term is defined in section #eab4c7;c7 of title #di1 ,code of ,federal ,regulations74 #i4 ,effective date ,this ,act shall take effect on the date that is #c months after the date of enactment of this ,act4 #aj4 ,no new appropriations ,the ,commission shall carry out this ,act using unobligated funds appropriated to the ,commission and available as of the date of the enactment of this ,act4