[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5609 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 5609

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

                             June 14, 2006

Mrs. Bono (for herself and Mr. Capuano) 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.
            (3) There exists no Federal law clarifying the rights of a 
        vehicle owner to ownership of the recorded data and, in the 
        absence of Federal direction, States have begun to create 
        different standards of ownership and rights for recorded data.

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

    (a) Required Disclosure.--In accordance with regulations prescribed 
by the Federal Trade Commission under section 5(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. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA.

    Any event data recorder in the vehicle and any data recorded on any 
event data recorder in the vehicle shall be considered the property of 
the owner of the vehicle. Data that is recorded on any event data 
recorder may not be downloaded or otherwise retrieved by a person other 
than the owner of the motor vehicle, except under one of the following 
circumstances:
            (1) The owner of the motor vehicle or the owner's agent or 
        legal representative consents to the retrieval of the 
        information.
            (2) In response to an order of a court having jurisdiction 
        to issue the order.
            (3) The data is retrieved by a motor vehicle dealer, or by 
        an automotive technician for the purpose of diagnosing, 
        servicing, or repairing the motor vehicle.
            (4) For the purpose of improving motor vehicle safety, 
        including medical research on the human body's reaction to 
        motor vehicle accidents, provided that the identity of the 
        registered owner or driver is not disclosed in connection with 
        that retrieved data.

SEC. 4. 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 2008 (and bearing a model year of 2009 
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 recording function of the event data 
recorder. Once disabled, the recording function shall not resume 
functioning until the consumer elects to enable such functioning.

SEC. 5. ENFORCEMENT.

    (a) Treatment of Violations as Unfair or Deceptive Acts or 
Practices.--A violation of section 2, 3 or 4 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. 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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