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[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6687 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 6687
To require manufacturers of motor vehicles to provide motor vehicle
owners with access to and use of motor vehicle data of motor vehicles,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 12, 2025
Mrs. Harshbarger (for herself, Mr. Weber of Texas, and Mr. Perry)
introduced the following bill; which was referred to the Committee on
Energy and Commerce
_______________________________________________________________________
A BILL
To require manufacturers of motor vehicles to provide motor vehicle
owners with access to and use of motor vehicle data of motor vehicles,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Data Rights for Information and
Vehicle Electronics in Real-time Act'' or the ``DRIVER Act''.
SEC. 2. MOTOR VEHICLE OWNER ACCESS TO MOTOR VEHICLE DATA.
A manufacturer of a motor vehicle shall provide to a motor vehicle
owner secure access to, and joint control of, any motor vehicle data of
the motor vehicle of such motor vehicle owner as follows:
(1) At no cost beyond the purchase price of such motor
vehicle.
(2) In real time.
(3) Without any restriction or limitation with respect to
the manner in which such motor vehicle owner, for any lawful
purpose--
(A) uses such motor vehicle data; or
(B) authorizes access to or use of such motor
vehicle data by a third party, other than a person
owned or controlled by a foreign adversary (as defined
in section 791.2 of title 15, Code of Federal
Regulations).
(4) Without a requirement that such motor vehicle owner pay
a fee or purchase a license to decrypt such motor vehicle data
or use a device provided by such manufacturer to access and use
such motor vehicle data.
(5) Through a motor vehicle interface port (such as an on-
board diagnostics port) of such motor vehicle and through
wireless transmission of such motor vehicle data (to the extent
such motor vehicle is equipped with technology to wirelessly
transmit such motor vehicle data).
(6) In a manner that facilitates the deletion of any user
data stored in such motor vehicle.
(7) In compliance with any voluntary automotive industry
cybersecurity standards requirements (such as ISO/SAE 24134).
SEC. 3. ADDITIONAL MOTOR VEHICLE OWNER DATA ACCESS CONTROLS.
(a) Vehicle Owners' Data Access Control With Respect to Motor
Vehicle Manufacturers.--A manufacturer of a motor vehicle may not, with
respect to a motor vehicle manufactured by such manufacturer, sell any
covered data unless the manufacturer provides to the motor vehicle
owner of such motor vehicle a clear and conspicuous opportunity to opt
out of any such sale.
(b) Fleet Vehicle Drivers' Data Access Control With Respect to
Motor Vehicle Fleet Owners.--
(1) In general.--A motor vehicle fleet owner may not, with
respect to a motor vehicle that such motor vehicle fleet owner
leases or in which such motor vehicle fleet owner has an
ownership or contracted beneficial interest, sell any covered
data, unless the motor vehicle fleet owner provides to the
driver or operator of such motor vehicle a clear and
conspicuous opportunity to opt out of any such sale.
(2) Limitation.--The requirement to provide an opportunity
to opt out described in paragraph (1) does not apply if the
relevant data is generated by a commercial or governmental
fleet vehicle driven by a driver in the course of the
employment of the driver, except if such driver behavior data
is to be sold for the purpose of profiling in furtherance of
decisions that knowingly cause negative legal or similarly
significant harmful effects concerning the conduct of a person
outside the course of the employment of the person.
(c) National Security.--A manufacturer of a motor vehicle or a
motor vehicle fleet owner may not knowingly sell motor vehicle data to
any of the following:
(1) The Democratic People's Republic of Korea.
(2) The People's Republic of China.
(3) The Russian Federation.
(4) The Islamic Republic of Iran.
(5) The Bolivarian Republic of Venezuela.
(d) Exceptions.--For purposes of this section, a sale does not
include any of the following activities:
(1) Transferring covered data to emergency responders.
(2) Responding to an owner-initiated communication
originating from within a motor vehicle or an app, where
covered data may be transferred only to provide the response.
(3) Responding to a vehicle-initiated communication related
to the safe operation of a motor vehicle, where covered data
may be transferred only to provide the response.
(4) Responding to a driver or user-initiated communication
originating from within a motor vehicle or an app, where
covered data may be transferred only to provide the response.
(5) Conducting research or efforts to improve, repair,
enhance the safety of, or develop products, services, or
technology.
(6) Investigating or defending claims and losses.
(7) Conducting investigations of potential product quality,
fraud, theft, or safety issues.
(8) Determining or effectuating vehicle field actions,
including customer satisfaction campaigns, technical service
bulletins, compliance recalls, and safety recalls.
(9) Detecting or responding to cybersecurity incidents.
(10) Administering and fulfilling motor vehicle warranties.
(11) Performing diagnostics and prognostics of a motor
vehicle or a component of a motor vehicle.
(12) Identifying and addressing issues that impair
functionality.
(13) Disclosing covered data to a processor that processes
such covered data on behalf of a manufacturer of a motor
vehicle or a motor vehicle fleet owner.
(14) Disclosing or transferring covered data to an
affiliate of a manufacturer of a motor vehicle or a motor
vehicle fleet owner.
(15) Disclosing information that a consumer--
(A) intentionally makes available to the general
public through a channel of mass media; and
(B) does not restrict to a specific audience.
(16) Disclosing or transferring covered data to a third
party as an asset that is part of a proposed or an actual
merger, acquisition, bankruptcy, or other transaction in which
the third party assumes control of all or part of the assets of
a controller.
(17) Complying with a lawfully executed warrant.
(18) Complying with a court order.
SEC. 4. ENFORCEMENT BY COMMISSION.
(a) Unfair or Deceptive Acts or Practices.--A violation of section
2 shall be treated as a violation of a regulation under section
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.
(b) Powers of Commission.--The Commission shall enforce section 2
in the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though all applicable terms and provisions of the
Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act, and any person who violates such
section shall be subject to the penalties and entitled to the
privileges and immunities provided in the Federal Trade Commission Act.
SEC. 5. DISCLOSURE OF CONFIDENTIAL BUSINESS INFORMATION.
Except as provided in section 2, nothing in this Act shall be
construed to require a motor vehicle manufacturer to divulge
confidential business information (as defined in section 512.3(c) of
title 49, Code of Federal Regulations).
SEC. 6. RELATIONSHIP TO STATE LAW.
No State, or political subdivision of a State, may maintain,
enforce, prescribe, or continue in effect any law, rule, regulation,
requirement, standard, or other provision having the force and effect
of law that relates to section 2 of this Act.
SEC. 7. DEFINITIONS.
In this Act:
(1) Biometric identifier.--The term ``biometric
identifier'' means motor vehicle data generated by automatic
measurements relating to biological characteristics of an
individual that are any of the following:
(A) Fingerprints.
(B) Facial features.
(C) Iris or retina patterns.
(D) Gait.
(E) Voice.
(F) Body measurements.
(G) Weight.
(2) Commission.--The term ``Commission'' means the Federal
Trade Commission.
(3) Covered data.--
(A) In general.--The term ``covered data''--
(i) means personal data that relates to a
biometric identifier, precise geolocation, or
driver behavior with respect to a motor vehicle
owner (or a driver or other user of a motor
vehicle of such motor vehicle owner); and
(ii) includes personal data received by
such motor vehicle from a personal device of
such motor vehicle owner, driver, or other user
of a motor vehicle.
(B) Exclusion.--The term ``covered data'' does not
include deidentified, pseudonymous, aggregate, or
publicly available information.
(4) Driver behavior.--The term ``driver behavior'' means
motor vehicle data that is used for the purpose of profiling in
furtherance of decisions that knowingly cause a negative legal
or similarly significant harmful effect concerning the conduct
of a motor vehicle owner outside the course of the employment
of the motor vehicle owner.
(5) Motor vehicle.--The term ``motor vehicle''--
(A) has the meaning given such term in section
30102(a) of title 49, United States Code; and
(B) includes a motor vehicle trailer.
(6) Motor vehicle data.--The term ``motor vehicle data''
means electronic data generated or processed onboard a motor
vehicle, including data generated by sensors, receivers,
computer processing units, and other components of the motor
vehicle.
(7) Motor vehicle fleet owner.--The term ``motor vehicle
fleet owner''--
(A) means a person--
(i) with an ownership or contracted
beneficial interest in 5 or more motor
vehicles; or
(ii) who is the lessee of a motor vehicle
under a lease agreement with a term of at least
180 days; and
(B) includes a designee of a motor vehicle owner.
(8) Motor vehicle owner.--The term ``motor vehicle
owner''--
(A) means an owner of a motor vehicle; and
(B) includes--
(i) a designee of such owner;
(ii) a person with an ownership or
contracted beneficial interest in a motor
vehicle; and
(iii) a lessee of a motor vehicle under a
lease agreement with a term of at least 180
days.
(9) Personal data.--The term ``personal data''--
(A) means any motor vehicle data that is linked to
an identified or identifiable natural person; and
(B) does not include deidentified, pseudonymous,
aggregate, or publicly available information.
(10) Precise geolocation.--The term ``precise geolocation''
means motor vehicle data that directly identifies the specific
location of a natural person with precision and accuracy within
a radius of 1,750 feet.
(11) Sell; sells; sale.--The terms ``sell'', ``sells'', and
``sale''--
(A) mean the exchange of data for monetary
consideration; and
(B) do not include when a driver or user of a motor
vehicle requests a specific product or service from a
manufacturer of a motor vehicle or a motor vehicle
fleet owner that is necessary for such manufacturer or
motor vehicle fleet owner to disclose such motor
vehicle data to a third party to provide such service
or product to such driver or user.
(12) User data.--The term ``user data''--
(A) means data transferred from a personal or
external device to a motor vehicle by a motor vehicle
owner or user of such motor vehicle; and
(B) does not include motor vehicle data.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
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