[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5345 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5345

  To amend title 49, United States Code, to require the Secretary of 
  Transportation to promulgate rules requiring that motor vehicles of 
    model year 2012 or later be equipped with event data recorders 
compatible with a universal data retrieval method and that the data in 
  event data recorders on motor vehicles prior to model year 2012 be 
readable by the National Highway Traffic Safety Administration, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 19, 2010

  Ms. Speier (for herself, Ms. Eshoo, and Mr. Quigley) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend title 49, United States Code, to require the Secretary of 
  Transportation to promulgate rules requiring that motor vehicles of 
    model year 2012 or later be equipped with event data recorders 
compatible with a universal data retrieval method and that the data in 
  event data recorders on motor vehicles prior to model year 2012 be 
readable by the National Highway Traffic Safety Administration, 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 ``Consumer Auto Safety Enhancement Act 
of 2010''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Event data recorders offer important benefits for motor 
        vehicle safety, such as enabling automatic crash notification 
        systems for improved emergency responses to crashes, increasing 
        understanding of vehicle crashworthiness and safe highway 
        design, and providing greater insight into trends in motor 
        vehicle defects.
            (2) More than 38,000 people die each year on roads in the 
        United States, and such fatalities could be reduced by taking 
        full advantage of the benefits of event data recorders.
            (3) According to the event data recorder working group of 
        the National Highway Traffic Safety Administration, the degree 
        to which the benefits of event data recorders are realized is 
        directly proportional to the number of motor vehicles equipped 
        with such recorders.
            (4) Requiring the inclusion of event data recorders in new 
        motor vehicles would produce valuable safety benefits that 
        would far outweigh the nominal financial burden on 
        manufacturers.
            (5) The National Transportation Safety Board has 
        recommended that event data recorders be installed on light 
        passenger vehicles and on schoolbuses and motorcoaches.

SEC. 3. EVENT DATA RECORDERS.

    (a) In General.--Subchapter II of chapter 301 of part A of subtitle 
VI of title 49, United States Code, is amended by adding at the end the 
following new sections:
``Sec. 30129. Event data recorders required for model year 2012 or 
              later
    ``(a) In General.--Not later than 1 year after the date of the 
enactment of this section, the Secretary of Transportation shall 
promulgate a rule that--
            ``(1) requires each motor vehicle manufacturer to equip 
        each motor vehicle of model year 2012 or later manufactured by 
        such manufacturer, regardless of the gross vehicle weight 
        rating of the motor vehicle, with an event data recorder that 
        meets the specifications set forth in subsection (b); and
            ``(2) establishes the uniform data retrieval method 
        described in subsection (c).
    ``(b) Specifications of Event Data Recorder.--
            ``(1) Survivability.--The event data recorder required 
        under subsection (a)(1) shall be capable of--
                    ``(A) sustaining without a loss of data--
                            ``(i) a crash that results in a fire in 
                        which the motor vehicle reaches a maximum 
                        temperature to be determined by the Secretary 
                        for a maximum period of time to be determined 
                        by the Secretary; and
                            ``(ii) a crash that results in the motor 
                        vehicle becoming immersed in not greater than 
                        10 feet of water; and
                    ``(B) sustaining without a loss of data or 
                function--
                            ``(i) a frontal barrier crash test at not 
                        less than 65 miles per hour;
                            ``(ii) the rear moving barrier crash test 
                        described in S6.2 of Federal Motor Vehicle 
                        Safety Standard 301 (49 C.F.R. 571.301) that is 
                        applicable to the motor vehicle on which the 
                        event data recorder is installed; and
                            ``(iii) a side barrier crash test to be 
                        determined by the Secretary.
            ``(2) Data elements.--The event data recorder required 
        under subsection (a)(1) shall record the following data 
        elements:
                    ``(A) Yaw data.
                    ``(B) Safety belt status by seating location, 
                number of occupants, and location in the vehicle.
                    ``(C) Data regarding vehicle speed, engine 
                rotations per minute, change in acceleration, and 
                control signal status for the braking, acceleration, 
                and steering systems.
                    ``(D) Driver and front passenger airbag deployment 
                level, deactivation status, deployment time, and 
                deployment stage.
                    ``(E) Rollover data.
                    ``(F) Data regarding the operation of the antilock 
                brake system, the traction control system, and the 
                electronic stability control system, including the roll 
                stability control system.
                    ``(G) A stamp including the motor vehicle's vehicle 
                identification number and the date, time, and odometer 
                reading corresponding to each event collected.
                    ``(H) Tire pressure.
                    ``(I) All other data elements listed in the left-
                hand column of table I or the left-hand column of table 
                II of section 563.7 of title 49, Code of Federal 
                Regulations, as such section is in effect on the date 
                of the enactment of this section.
                    ``(J) Such other data as the Secretary considers 
                appropriate, including any data element in the event 
                data recorder standards issued by the Institute of 
                Electrical and Electronics Engineers or the Society of 
                Automotive Engineers.
            ``(3) Length of recording time.--The event data recorder 
        required under subsection (a)(1) shall record data related to a 
        crash event for a period of not less than 60 seconds before 
        time zero and 15 seconds after time zero. For purposes of the 
        preceding sentence, the term `time zero' has the meaning given 
        such term in section 563.5(b) of title 49, Code of Federal 
        Regulations, as such section is in effect on the date of the 
        enactment of this section.
            ``(4) Tamper resistance.--The event data recorder required 
        under subsection (a)(1) shall have such safeguards as the 
        Secretary considers appropriate to prevent alteration of the 
        data recorded.
            ``(5) Compatibility with universal data retrieval method.--
        The event data recorder required under subsection (a)(1) shall 
        permit the data recorded by such recorder to be retrieved using 
        the universal data retrieval method established under 
        subsection (a)(2). The Secretary shall specify any data format 
        requirements the Secretary considers appropriate to facilitate 
        the establishment of such universal data retrieval method.
    ``(c) Universal Data Retrieval Method.--The universal data 
retrieval method required under subsection (a)(2) shall be a single 
method by which the recorded data in an event data recorder on any 
motor vehicle to which this section applies, regardless of manufacturer 
or model, may be removed from such event data recorder and put into 
readable form. For purposes of the preceding sentence, data are in 
readable form if they conform to any data format requirements 
established by the Secretary and can be used to analyze the safety 
performance of a vehicle using commercially available equipment.
    ``(d) Data Collection.--
            ``(1) Process for receiving data.--
                    ``(A) In general.--The Secretary shall establish a 
                process by which an individual or entity may transmit 
                to the Secretary data from an event data recorder.
                    ``(B) Periodic evaluations and modifications.--The 
                Secretary shall conduct periodic evaluations of the 
                process established under subparagraph (A) and make 
                such modifications as the Secretary considers 
                appropriate to ensure that the process is as effective 
                and efficient as possible.
            ``(2) Event data recorder database.--
                    ``(A) In general.--The Secretary shall create a 
                database for purposes of research and analysis that 
                contains, in electronic format, all data available to 
                the Secretary from event data recorders. Such database 
                shall not include any data that were not obtained from 
                an event data recorder, except for such data from other 
                sources as the Secretary considers--
                            ``(i) relevant to performing research and 
                        analysis using data from event data recorders, 
                        including police accident reports and other 
                        similar official information regarding the 
                        conditions and circumstances under which the 
                        data were collected; or
                            ``(ii) necessary to operate the event data 
                        recorder database.
                    ``(B) Availability to public.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the data in the database required 
                        by subparagraph (A) shall be available to the 
                        public.
                            ``(ii) Personally identifiable 
                        information.--The Secretary shall ensure that 
                        the data made available to the public under 
                        clause (i) do not contain any information that 
                        could be used to identify an owner, lessee, or 
                        occupant of a vehicle from whose event data 
                        recorder such data were obtained, including the 
                        full vehicle identification number of the 
                        vehicle, the name, mailing address, email 
                        address, or telephone number of an owner, 
                        lessee, or occupant, and any other information 
                        that is prohibited by law from disclosure or 
                        that the Secretary determines should be 
                        withheld to protect individual privacy.
    ``(e) Event Data Recorder Defined.--For purposes of this section, 
the term `event data recorder' has the meaning given such term in 
section 563.5(b) of title 49, Code of Federal Regulations.
``Sec. 30130. Readability of data in event data recorders prior to 
              model year 2012
    ``(a) In General.--Not later than 90 days after the date of the 
enactment of this section, the Secretary of Transportation shall 
promulgate a rule that requires each motor vehicle manufacturer to 
ensure that the data recorded by an event data recorder in a vehicle of 
a model year prior to model year 2012 that is manufactured by such 
manufacturer are capable of being read by the National Highway Traffic 
Safety Administration. Such rule shall apply to a vehicle manufactured 
prior to the effective date of such rule if such vehicle is equipped 
with an event data recorder but shall not require any vehicle, 
regardless of the date of manufacture, to be equipped with an event 
data recorder.
    ``(b) Data Capable of Being Read by NHTSA.--For purposes of 
subsection (a), data in a motor vehicle's event data recorder are 
capable of being read by the National Highway Traffic Safety 
Administration if a representative of the Administration who has 
physical access to the vehicle can, through the use of computer 
hardware and software, whether provided by the manufacturer of such 
vehicle or otherwise, gain access to such data in a format that allows 
the Administration to analyze the safety performance of such vehicle.
    ``(c) Event Data Recorder Defined.--For purposes of this section, 
the term `event data recorder' has the meaning given such term in 
section 563.5(b) of title 49, Code of Federal Regulations.
    ``(d) Effective Date of Rule.--The rule promulgated under 
subsection (a) shall take effect not later than 30 days after the date 
on which such rule is promulgated.
``Sec. 30131. Privacy of data in event data recorders
    ``(a) Ownership of Data.--The data stored in an event data recorder 
described in section 30129(a) or 30130(a) are the property of the owner 
or lessee of the motor vehicle in which such event data recorder is 
installed.
    ``(b) Access to Data.--The data stored in an event data recorder 
described in section 30129(a) or 30130(a) may not be accessed by any 
person other than the owner or lessee of the motor vehicle in which 
such event data recorder is installed, unless--
            ``(1) a court authorizes retrieval of the data in 
        furtherance of a legal proceeding;
            ``(2) the owner or lessee of such motor vehicle consents to 
        the retrieval of the data for any purpose, including to 
        diagnose, service, or repair such motor vehicle; or
            ``(3) the data are retrieved by a government motor vehicle 
        safety agency for the purpose of improving motor vehicle safety 
        and the personally identifiable information of any owner, 
        lessee, or occupant of such motor vehicle, including the 
        vehicle identification number of such motor vehicle, is not 
        publicly disclosed in connection with the data.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
30128 the following new items:

30129. Event data recorders required for model year 2012 or later.
30130. Readability of data in event data recorders prior to model year 
                            2012.
30131. Privacy of data in event data recorders.

SEC. 4. REPORT ON FEASIBILITY OF AUTOMATIC TRANSMISSION OF EDR DATA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Transportation shall submit to 
Congress a report on the feasibility of requiring that, after the 
involvement in a crash event of a motor vehicle equipped with an event 
data recorder under section 30129(a) of title 49, United States Code, 
such event data recorder automatically transmit to the Secretary, in 
electronic form, the data recorded with respect to the crash event.
    (b) Contents of Report.--The report required by subsection (a) 
shall include--
            (1) an analysis, with respect to the time when such 
        analysis is conducted, of systems and capabilities for 
        automatic electronic transmission of event data recorder data 
        in the event of a crash and the extent to which it is the 
        practice of motor vehicle manufacturers to collect such data;
            (2) an analysis of any benefits, whether monetary or 
        nonmonetary, of maintaining a database containing the data that 
        would be automatically transmitted to the Secretary under the 
        requirement described in subsection (a);
            (3) an analysis of the cost to motor vehicle manufacturers 
        of complying with such requirement as compared to the cost of 
        requiring the submission of the same information by means other 
        than automatic electronic transmission;
            (4) the Secretary's recommendation of a reasonable timeline 
        for manufacturers to comply with the requirement described in 
        subsection (a); and
            (5) an analysis of any privacy issues posed by such 
        requirement and recommendations for how they might be addressed 
        or eliminated.
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