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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.
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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
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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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