I 
113TH CONGRESS 
1ST SESSION H. R. 2414 
To require automobile manufacturers 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 18, 2013 
Mr. CAPUANO (for himself, Mr. SENSENBRENNER, Mr. GRIFFITH of Virginia, 
Ms. BROWNLEY of California, Mrs. NAPOLITANO, Ms. JACKSON LEE, Mr. 
FORTENBERRY, Mr. RODNEY DAVIS of Illinois, Mr. CAMPBELL, Mr. 
DAINES, and Ms. LOFGREN) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on the Judiciary, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To require automobile manufacturers to disclose to con-
sumers the presence of event data recorders, or ‘‘black 
boxes’’, on new automobiles, and to require manufactur-
ers 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 Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Black Box Privacy 
Protection Act’’. 
SEC. 2. 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. 3. DISCLOSURE OF EVENT DATA RECORDERS ON 
AUTOMOBILES AND MOTORCYCLES. 
(a) LABELING DISCLOSURE FOR AUTOMOBILES.— 
Section 3 of the Automobile Information Disclosure Act 
(15 U.S.C. 1232) is amended— 
(1) in subsection (g)(4)(B) by striking ‘‘; and’’ 
and inserting a semicolon; 
(2) in subsection (h), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
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‘‘(i)(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 pro-
ceeding.’’. 
(b) LABELING DISCLOSURE FOR MOTORCYCLES.— 
The Automobile Information Disclosure Act is further 
amended by adding after section 3 the following new sec-
tion: 
‘‘SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON 
MOTORCYCLES. 
‘‘Every manufacturer of new motorcycles distributed 
in commerce shall, prior to the delivery of any new motor-
cycle to any dealer, or at or prior to the introduction date 
of new models delivered to a dealer prior to such introduc-
tion date, securely affix to the new motorcycle a label on 
which such manufacturer shall disclose— 
‘‘(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 re-
corded; and 
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‘‘(3) that the information recorded by the event 
data recorder also may be used in a law enforcement 
proceeding.’’. 
(c) DEFINITIONS.—Section 2 of such Act (15 U.S.C. 
1231) is amended by adding at the end the following: 
‘‘(i) The term ‘event data recorder’ means any device 
or means of technology installed in an automobile that 
records information such as automobile or motorcycle 
speed, seatbelt use, application of brakes or other informa-
tion pertinent to the operation of the automobile or motor-
cycle, as applicable. 
‘‘(j) The term ‘motorcycle’ means a vehicle having a 
seat or saddle for the use of the rider, designed to travel 
on not more than three wheels in contact with the ground, 
and weighing less than 1,500 pounds. 
‘‘(k) The term ‘new motorcycle’ means a motorcycle 
the equitable or legal title to which has never been trans-
ferred by a manufacturer, distributor, or dealer to an ulti-
mate purchaser.’’. 
(d) RULEMAKING.—Within 180 days following the 
enactment of this Act, the National Highway Traffic Safe-
ty Administration shall prescribe regulations setting forth 
a uniform method by which a manufacturer shall provide 
the disclosures required by the amendments made by this 
section. 
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SEC. 4. 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 2015 (and bearing a model year of 2016 or later) 
that is equipped with an event data recorder, unless such 
event data recorder includes a function whereby the con-
sumer can control the recording of information by the 
event data recorder. 
SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT 
DATA RECORDER DATA. 
(a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 
Any event data recorder in an automobile or motorcycle 
and any data recorded on any event data recorder in an 
automobile or motorcycle shall be considered the property 
of the owner of the automobile or motorcycle. It shall be 
unlawful for any person other than the owner of the auto-
mobile or motorcycle 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 automobile or motorcycle 
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. 
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(3) The data is retrieved by a dealer, or by an 
automotive technician for the purpose of diagnosing, 
servicing, or repairing the automobile or motorcycle. 
(b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE-
CEPTIVE 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) ENFORCEMENT BY THE FEDERAL TRADE COM-
MISSION.—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. 
SEC. 6. CRIMINAL PENALTIES. 
(a) IN GENERAL.—Chapter 2 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 40A. Event data recorders on automobiles. 
‘‘Whoever, in or affecting interstate or foreign com-
merce, knowingly fails to provide the disclosure required 
by section 3(i) or 3A of the Automobile Information Dis-
closure Act (15 U.S.C. 1232) relating to event data re-
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corders, or knowingly violates section 4 of the Black Box 
Privacy Protection Act, shall be fined under this title.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
of title 18, United States Code, is amended by adding 
after the item relating to section 40, the following: 
‘‘40A. Event data recorders on automobiles.’’. 
SEC. 7. 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 auto-
mobile 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’’, ‘‘new auto-
mobile’’, and ‘‘new motorcycle’’ have the meanings 
given those terms in section 2 of the Automobile In-
formation Disclosure Act (15 U.S.C. 1231). 
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SEC. 8. EFFECTIVE DATE. 
This Act and the amendments made by this Act shall 
take effect 180 days after the date of enactment of this 
Act. 
Æ 
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