I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Consumers have the right to know that 

6 Event Data Recorders are installed in their vehicles, 

7 that they are capable of collecting data recorded in 
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1 automobile accidents, and how such data may be 

2 used. 

3 (2) From the standpoint of consumer privacy 

4 rights, most consumers are not aware that their ve5 hicles are recording data that not only may be used 

6 to aid traffic safety analyses, but has the potential 

7 of being used against them in a civil or criminal pro8 ceeding, or by their insurer to increase rates. 

9 SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON 

10 AUTOMOBILES. 

11 (a) REQUIRED DISCLOSURE.—In accordance with 

12 regulations prescribed by the Federal Trade Commission 

13 under section 4(c), a dealer shall disclose, to each con14 sumer who purchases a new automobile, in a clear and 

15 conspicuous written format at the time of purchase, the 

16 following information regarding any Event Data Recorder 

17 installed on such new automobile: 

18 (1) the presence and location of an Event Data 

19 Recorder; 

20 (2) the type of information recorded by the 

21 Event Data Recorder and how such information is 

22 recorded; and 

23 (3) that the information recorded by the Event 

24 Data Recorder also may be used in a law enforce25 ment proceeding. 
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1 (b) REQUIRED DISCLOSURES IN OWNER’S MAN2 UAL.—The manufacturer shall include, in clear and con3 spicuous language in the owner’s manual of any new auto4 mobile containing an Event Data Recorder, the disclosures 

5 required by subsection (a). 

6 SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON 

7 NEW AUTOMOBILES. 

8 No person may manufacture for sale, sell, offer for 

9 sale, introduce or deliver into interstate commerce, or im10 port into the United States, an automobile manufactured 

11 after 2006 (and bearing a model year of 2007 or later) 

12 that is equipped with an Event Data Recorder, unless such 

13 Event Data Recorder includes a function whereby the con14 sumer has the option to enable or disable the functioning 

15 of the Event Data Recorder. 

16 SEC. 4. ENFORCEMENT. 

17 (a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE18 CEPTIVE ACTS OR PRACTICES.—A violation of section 2 

19 or 3 shall be treated as a violation of a rule defining an 

20 unfair or deceptive act or practice prescribed under section 

21 18(a)(1)(B) of the Federal Trade Commission Act (15 

22 U.S.C. 57a(a)(1)(B)). 

23 (b) FEDERAL TRADE COMMISSION AUTHORITY.— 

24 The Federal Trade Commission shall enforce this Act in 

25 the same manner, by the same means, and with the same 
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1 jurisdiction, powers, and duties as though all applicable 

2 terms and provisions of the Federal Trade Commission 

3 Act (15 U.S.C. 41 et seq.) were incorporated into and 

4 made a part of this Act. 

5 (c) RULEMAKING.—Within 180 days following the 

6 enactment of this Act, the Federal Trade Commission 

7 shall prescribe regulations to carry out this Act, including 

8 guidelines setting forth a uniform method by which a deal9 er may provide the disclosures and options required by 

10 section 2. 

11 SEC. 5. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRA12 TION STUDY. 

13 (a) STUDY.—The National Highway Traffic Safety 

14 Administration shall conduct a study of both the potential 

15 utility and still unknown consequences of the implementa16 tion of Event Data Recorder technology, including the 

17 practical, real-world consequences that may result from 

18 the widespread installation of such technology. 

19 (b) REPORT.—Not later than 180 days after the date 

20 of enactment of this Act, the National Highway Traffic 

21 Safety Administration shall transmit to Congress a report 

22 on the findings of the study required by subsection (a). 

23 SEC. 6. DEFINITIONS. 

24 As used in this Act: 
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1 (1) The term ‘‘consumer’’ has the meaning 

2 given the term ‘‘ultimate purchaser’’ in section 2 of 

3 the Automobile Information Disclosure Act (15 

4 U.S.C. 1231). 

5 (2) The term ‘‘dealer’’ has the meaning given 

6 that term in section 30102(a) of title 49, United 

7 States Code. 

8 (3) The term ‘‘Event Data Recorder’’ means 

9 any device or means of technology installed in an 

10 automobile that records information such as vehicle 

11 speed, seatbelt use, application of brakes or other in12 formation pertinent to the operation of the auto13 mobile. 

14 (4) The terms ‘‘manufacturer’’ and ‘‘new auto15 mobile’’ have the meanings given those terms in sec16 tion 2 of the Automobile Information Disclosure Act 

17 (15 U.S.C. 1231). 

18 SEC. 7. EFFECTIVE DATE. 

19 This Act shall take effect 180 days after the date of 

20 enactment of this Act. 

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