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 dis-
able such devices on future automobiles. 
Be it enacted by the Senate and House of Representa-
tives 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 ve-
hicles 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 pro-
ceeding, 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 con-
sumer 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 enforce-
ment proceeding.
(b) REQUIRED DISCLOSURES
IN OWNER’S MAN-
UAL.—The manufacturer shall include, in clear and con-
spicuous language in the owner’s manual of any new auto-
mobile 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 im-
port 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 con-
sumer has the option to enable or disable the functioning 
of the Event Data Recorder. 
SEC. 4. ENFORCEMENT. 
(a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE-
CEPTIVE 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 deal-
er may provide the disclosures and options required by 
section 2. 
SEC. 5. NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRA-
TION STUDY. 
(a) STUDY.—The National Highway Traffic Safety 
Administration shall conduct a study of both the potential 
utility and still unknown consequences of the implementa-
tion 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 in-
formation pertinent to the operation of the auto-
mobile. 
(4) The terms ‘‘manufacturer’’ and ‘‘new auto-
mobile’’ have the meanings given those terms in sec-
tion 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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