Title: Black Box Privacy Protection Act
Policy area: Commerce

Summary:
Black Box Privacy Protection Act
This bill requires manufacturers of automobiles, motorcycles, and autocycles to disclose to consumers (1) the presence and location of an event data recorder, (2) the type of information recorded and how such information is recorded, and (3) that the recording may be used in a law-enforcement proceeding.
A newly manufactured automobile may not be equipped with an event data recorder unless the recording function can be controlled by the consumer.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3568 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3568

To require manufacturers to disclose to consumers the presence of event 
 data recorders, or ``black boxes'', on new automobiles, motorcycles, 
 and autocycles, and to require manufacturers to provide the consumer 
     with the option to enable and disable such devices on future 
               automobiles, motorcycles, and autocycles.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

    Mr. Capuano (for himself and Mr. Sensenbrenner) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To require manufacturers to disclose to consumers the presence of event 
 data recorders, or ``black boxes'', on new automobiles, motorcycles, 
 and autocycles, and to require manufacturers to provide the consumer 
     with the option to enable and disable such devices on future 
               automobiles, motorcycles, and autocycles.

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

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 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.

SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON AUTOMOBILES, MOTORCYCLES, 
              AND AUTOCYCLES.

    (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:
    ``(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 proceeding.''.
    (b) Labeling Disclosure for Motorcycles and Autocycles.--The 
Automobile Information Disclosure Act is further amended by adding 
after section 3 the following new section:

``SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON MOTORCYCLES AND 
              AUTOCYCLES.

    ``Every manufacturer of new motorcycles or autocycles distributed 
in commerce shall, prior to the delivery of any new motorcycle or 
autocycle to any dealer, or at or prior to the introduction date of new 
models delivered to a dealer prior to such introduction date, securely 
affix to the new motorcycle or autocycle 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 recorded; and
            ``(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 `autocycle' means a vehicle with three wheels, a 
partially or fully enclosed occupant compartment, and a steering wheel.
    ``(j) 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 information pertinent to the operation of the automobile or 
motorcycle, as applicable.
    ``(k) 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.
    ``(l) The term `new motorcycle' or `new autocycle' means a 
motorcycle or autocycle, respectively, the equitable or legal title to 
which has never been transferred by a manufacturer, distributor, or 
dealer to an ultimate purchaser.''.
    (d) Rulemaking.--Within 180 days following the enactment of this 
Act, the National Highway Traffic Safety 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.

SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    (a) In General.--Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following new section:
``Sec. 30129. Event data recorders
    ``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 2018 (and bearing a 
model year of 2019 or later) that is equipped with an event data 
recorder, unless such event data recorder includes a function whereby 
the consumer can control the recording of information by the event data 
recorder.''.
    (b) Enforcement.--Section 30165(a)(1) of chapter 301 of title 49, 
United States Code, is amended by inserting ``30129,'' after 
``30127,''.
    (c) Table of Contents Amendment.--The table of contents for chapter 
301 of title 49, United States Code, is amended by adding after the 
item relating to section 30128 the following new item:

``30129. Event data recorders.''.

SEC. 5. 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'', ``new automobile'', and 
        ``new motorcycle'' have the meanings given those terms in 
        section 2 of the Automobile Information Disclosure Act (15 
        U.S.C. 1231).

SEC. 6. EFFECTIVE DATE.

    This Act and the amendments made by this Act shall take effect 180 
days after the date of enactment of this Act.
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