[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5305 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5305

To require automobile dealers to disclose to consumers the presence of 
  Event Data Recorders, or ``black boxes'' on new automobiles, and to 
require manufacturers to provide the consumer with the option to enable 
            and disable such devices on future automobiles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2004

Mr. Capuano (for himself and Mrs. Bono) introduced the following bill; 
       which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To require automobile dealers to disclose to consumers the presence of 
  Event Data Recorders, or ``black boxes'' on new automobiles, and to 
require manufacturers to provide the consumer with the option to enable 
            and disable such devices on future automobiles.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) Consumers have the right to know that Event Data 
        Recorders are installed in their vehicles, that they are 
        capable of collecting data recorded in automobile accidents, 
        and how such data may be used.
            (2) From the standpoint of consumer privacy rights, most 
        consumers are not aware that their vehicles are recording data 
        that not only may be used to aid traffic safety analyses, but 
        has the potential of being used against them in a civil or 
        criminal proceeding, or by their insurer to increase rates.

SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES.

    (a) Required Disclosure.--In accordance with regulations prescribed 
by the Federal Trade Commission under section 4(c), a dealer shall 
disclose, to each consumer who purchases a new automobile, in a clear 
and conspicuous written format at the time of purchase, the following 
information regarding any Event Data Recorder installed on such new 
automobile:
            (1) the presence and location of an Event Data Recorder;
            (2) the type of information recorded by the Event Data 
        Recorder and how such information is recorded; and
            (3) that the information recorded by the Event Data 
        Recorder also may be used in a law enforcement proceeding.
    (b) Required Disclosures in Owner's Manual.--The manufacturer shall 
include, in clear and conspicuous language in the owner's manual of any 
new automobile containing an Event Data Recorder, the disclosures 
required by subsection (a).

SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    No person may manufacture for sale, sell, offer for sale, introduce 
or deliver into interstate commerce, or import into the United States, 
an automobile manufactured after 2006 (and bearing a model year of 2007 
or later) that is equipped with an Event Data Recorder, unless such 
Event Data Recorder includes a function whereby the consumer has the 
option to enable or disable the functioning of the Event Data Recorder.

SEC. 4. ENFORCEMENT.

    (a) Treatment of Violations as Unfair or Deceptive Acts or 
Practices.--A violation of section 2 or 3 shall be treated as a 
violation of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B) of the Federal Trade Commission 
Act (15 U.S.C. 57a(a)(1)(B)).
    (b) Federal Trade Commission Authority.--The Federal Trade 
Commission shall enforce this Act 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.
    (c) Rulemaking.--Within 180 days following the enactment of this 
Act, the Federal Trade Commission shall prescribe regulations to carry 
out this Act, including guidelines setting forth a uniform method by 
which a dealer may provide the disclosures and options required by 
section 2.

SEC. 5. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION STUDY.

    (a) Study.--The National Highway Traffic Safety Administration 
shall conduct a study of both the potential utility and still unknown 
consequences of the implementation of Event Data Recorder technology, 
including the practical, real-world consequences that may result from 
the widespread installation of such technology.
    (b) Report.--Not later than 180 days after the date of enactment of 
this Act, the National Highway Traffic Safety Administration shall 
transmit to Congress a report on the findings of the study required by 
subsection (a).

SEC. 6. DEFINITIONS.

    As used in this Act:
            (1) The term ``consumer'' has the meaning given the term 
        ``ultimate purchaser'' in section 2 of the Automobile 
        Information Disclosure Act (15 U.S.C. 1231).
            (2) The term ``dealer'' has the meaning given that term in 
        section 30102(a) of title 49, United States Code.
            (3) The term ``Event Data Recorder'' means any device or 
        means of technology installed in an automobile that records 
        information such as vehicle speed, seatbelt use, application of 
        brakes or other information pertinent to the operation of the 
        automobile.
            (4) The terms ``manufacturer'' and ``new automobile'' have 
        the meanings given those terms in section 2 of the Automobile 
        Information Disclosure Act (15 U.S.C. 1231).

SEC. 7. EFFECTIVE DATE.

    This Act shall take effect 180 days after the date of enactment of 
this Act.
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