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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2374 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2374

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 24, 2011

 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 that--
            (1) 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; and
            (2) 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. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT DATA RECORDER DATA.

    (a) Ownership Rights; Conduct Prohibited.--Any event data recorder 
in a motor vehicle and any data recorded on any event data recorder in 
a motor vehicle shall be considered the property of the owner of the 
motor vehicle. It shall be unlawful for any person other than the owner 
of the motor vehicle to download or otherwise retrieve data that is 
recorded on any event data recorder 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.
    (b) Treatment of Violations as Unfair or Deceptive Acts or 
Practices.--A violation of subsection (a) 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)).
    (c) Federal Trade Commission Authority.--The Federal Trade 
Commission shall enforce this section 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 
section.
    (d) Definitions.--As used in this section--
            (1) the term ``dealer'' has the meaning given that term in 
        section 30102(a) of title 49, United States Code;
            (2) 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; and
            (3) 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).
    (e) Effective Date.--This section shall take effect 180 days after 
the date of enactment of this Act.

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

    Subchapter II of chapter 301 of title 49, United States Code, is 
amended by adding at the end the following:
``Sec. 30129. Requirement to allow disabling of event data recorder
    ``(a) Requirement.--It shall be unlawful for any person to 
manufacture for sale, sell, offer for sale, introduce, or deliver into 
interstate commerce, or import into the United States, a new motor 
vehicle manufactured after 2011 (and bearing a model year of 2013 or 
later) that is equipped with an event data recorder, unless such event 
data recorder includes a function whereby the owner of the motor 
vehicle 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 owner elects to enable such 
functioning.
    ``(b) Definitions.--As used in the section, 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''.
                                 <all>
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