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Q: SECTION l. SHORT TITLE.

This Act may be cited as the ''Freedom of Access to Clinic
Entrances Act of 1993''.

SEC. 2. FREEDOM OF ACCESS TO REPRODUCTIVE HEALTH SERVICES.

Chapter 13 of title 18, United States Code, is amended by adding at
the end the following:
''Sec. 248. Blocking access to reproductive health services
''(a) Prohibited Activities.--Whoever--
''(1) by force, threat of force, or physical obstruction,
intentionally injures, intimidates, or interferes with any
person, or attempts to do so, because that person or any other
person or class of persons is obtaining or providing
reproductive health services; or
''(2) intentionally damages or destroys the property of a
facility, or attempts to do so, because that facility provides
reproductive health services;
shall be punished as provided in subsection (b) of this section and
also be subject to the civil remedy provided in subsection (c) of this
section, except that a parent or legal guardian of a minor shall not be
subject to any penalties or civil remedies under this section for such
activities insofar as they are directed exclusively at that minor.
''(b) Penalties.--Whoever violates subsection (a) of this section
shall--
''(1) in the case of a first offense, be fined under this
title or imprisoned not more than 1 year, or both; and
''(2) in the case of a second or subsequent offense after a
prior conviction under this section, be fined under this title
or imprisoned not more than 3 years, or both;
except that, if bodily injury results, the length of imprisonment shall
be not more than 10 years, and if death results, it shall be for any
term of years or for life.
''(c) Civil Actions.--
''(1) Right of action generally.--Any person who is
aggrieved by a violation of subsection (a) of this section may
in a civil action obtain relief under this subsection.
''(2) Action by attorney general.--If the Attorney General
has reasonable cause to believe that any person, or group of
persons, is aggrieved by a violation of subsection (a) of this
section, the Attorney General may in a civil action obtain
relief under this subsection.
''(3) Actions by state attorneys general.--If an attorney
general of a State has reasonable cause to believe that any
person or group of persons is aggrieved by a violation of
subsection (a) of this section, that attorney general may in a
civil action obtain relief under this subsection.
''(4) Relief.--In any action under this subsection, the
court may award any appropriate relief, including temporary,
preliminary or permanent injunctive relief, and compensatory
and punitive damages for each person aggrieved by the
violation. With respect to compensatory damages, the aggrieved
person may elect, at any time before the rendering of final
judgment, to recover, in lieu of actual damages, an award of
statutory damages in the amount of $5,000 per violation. The
court may award to the prevailing party, other than the United
States, reasonable fees for attorneys and expert witnesses.
''(d) Rules of Construction.--(1) Nothing in this section shall be
construed to prohibit any expressive conduct (including peaceful
picketing or other peaceful demonstration) protected from legal
prohibition by the first article of amendment to the Constitution.
''(2) Nothing in this section shall be construed to interfere with
the authority of States to enforce State or local laws regulating the
provision of reproductive health services.
''(e) Non-Preemption.--Congress does not intend this section to
provide the exclusive remedies with respect to the conduct prohibited
by it, nor to preempt the legislation of the States that may provide
such remedies.
''(f) Definitions.--As used in this section, the following
definitions apply:
''(1) Reproductive health services.--The term 'reproductive
health services' means reproductive health services provided in
a hospital, clinic, physician's office, or other facility, and
includes medical, surgical, counselling or referral services
relating to the human reproductive system.
''(2) Facility.--The term 'facility' includes the building
or structure in which the facility is located.
''(3) Physical obstruction.--The term 'physical
obstruction' means rendering impassable ingress to or egress
from a facility that provides reproductive health services, or
rendering passage to or from such facility unreasonably
difficult.
''(4) State.--The term 'State' includes a State of the
United States, the District of Columbia, and any commonwealth,
territory, or possession of the United States.
''(5) Intimidate.--The term 'intimidate' means to place a
person in reasonable apprehension of bodily harm to himself or
herself or to another.''.

SEC. 3. EFFECTIVE DATE.

This Act takes effect on the date of the enactment of this Act, and
shall apply only with respect to conduct occurring on or after such
date.

SEC. 4. CLERICAL AMENDMENT.

The table of sections at the beginning of chapter 13 of title 18,
United States Code, is amended by adding at the end the following new
item:

''248. Blocking access to reproductive health services.''.

Passed the House of Representatives November 18, 1993.

Attest:

DONNALD K. ANDERSON,

Clerk.

A: Freedom of Access to Clinic Entrances Act of 1993 - Amends the Federal criminal code to prohibit: (1) intentionally injuring, intimidating, or interfering with any person by force, threat of force, or physical obstruction because that person or any other person or class of persons is obtaining or providing reproductive health services; or (2) intentionally damaging or destroying the property of a facility because that facility provides reproductive health services. Subjects violators to specified penalties (including up to life imprisonment if death results) or civil remedies, except that a parent or legal guardian or a minor shall not be subject to such a penalty or remedy insofar as such activities are directed exclusively at that minor. Authorizes civil actions by aggrieved persons, the Attorney General, and State attorneys general for violations. Specifies that in any such action: (1) the court may award appropriate relief (including temporary, preliminary, or permanent injunctive relief) and compensatory and punitive damages for each person aggrieved by the violation; and (2) with respect to compensatory damages, the aggrieved person may elect, at any time before the rendering of final judgment, to recover an award of statutory damages in the amount of $5,000 per violation in lieu of actual damages. Authorizes the court to award reasonable fees for attorneys and expert witnesses to the prevailing party, other than the United States. Specifies that: (1) nothing in this Act shall be construed to prohibit any expressive conduct (including peaceful picketing or other peaceful demonstration) protected from legal prohibition by the first amendment or interfere with the authority of States to enforce State or local laws regulating the provision of reproductive health services; and (2) the Congress does not intend this Act to provide the exclusive remedies with respect to the conduct prohibited by it, nor to preempt State legislation that may provide such remedies.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Civil Asset Forfeiture Reform Act''.

SEC. 2. LIMITATION OF CUSTOMS AND TAX EXEMPTION UNDER THE TORT CLAIMS
PROCEDURES.

Section 2680(c) of title 28, United States Code, is amended by
striking ''law-enforcement officer'' and inserting ''law enforcement
officer, except that this chapter and section 1346(b) shall apply to a
claim based on the negligent destruction, injury, or loss of goods or
merchandise (including real property) while in the possession of an
officer of customs or excise or any other law enforcement officer''.

SEC. 3. LONGER PERIOD FOR FILING CLAIMS IN CERTAIN IN REM PROCEEDINGS.

Rule C(6) of the Supplemental Rules for Certain Admiralty and
Maritime Claims to the Federal Rules of Civil Procedures (28 U.S.C.
App.) is amended by striking ''10 days'' and inserting ''60 days''.

SEC. 4. CLAIM AFTER SEIZURE.

Section 608 of the Tariff Act of 1930 (19 U.S.C. 1608) is amended
to read as follows:

''SEC. 608. SEIZURE; CLAIMS; REPRESENTATION.

''(a) In General.--
''(1) Filing of claim.--At any time within 60 days after
the date on which a notice of seizure is first published, a
person who claims a vessel, vehicle, aircraft, merchandise, or
baggage seized under a law described in section 605 may file
with the appropriate customs officer a claim stating the
person's interest in the property.
''(2) Condemnation.--On filing of a claim under paragraph
(1), the customs officer shall transmit the claim, with a
duplicate list and description of the articles seized, to the
United States attorney for the district in which the seizure
was made, who shall proceed to a condemnation of the
merchandise or other property in the manner prescribed by law.
''(b) Court-Appointed Counsel.--
''(1) In general.--If a person filing a claim under
subsection (a), or a claim regarding property seized under
another law that incorporates by reference the seizure,
forfeiture, and condemnation procedures of the customs laws, is
financially unable to obtain representation of counsel, the
court may appoint appropriate counsel to represent the person
with respect to the claim.
''(2) Compensation.--(A) The court shall set the
compensation for counsel appointed under paragraph (1) in an
amount that is equivalent to that provided for counsel
appointed under section 3006A of title 18, United States Code.
''(B) Compensation of counsel appointed under paragraph (1)
shall be paid from the Justice Assets Forfeiture Fund
established under section 524 of title 28, United States
Code.''.

SEC. 5. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.

Section 615 of the Tariff Act of 1930 (19 U.S.C. 1615) is amended
to read as follows:

''SEC. 615. BURDEN OF PROOF IN FORFEITURE PROCEEDINGS.

''(a) In General.--In a suit or action described in subsection (b),
the burden of proof is on the Government to establish by clear and
convincing evidence that the property is subject to forfeiture.
''(b) Suits and Actions Described.--A suit or action is described
in this subsection if it is--
''(1) a suit or action (other than a suit or action arising
under section 592) brought for the forfeiture of a vessel,
vehicle, aircraft, merchandise, or baggage seized under any law
relating to the collection of duties on imports or tonnage; or
''(2) a suit or action brought for the recovery of the
value of any vessel, vehicle, aircraft, merchandise, or
baggage, because of a violation of that law.''.

SEC. 6. RELEASE OF SEIZED PROPERTY FOR SUBSTANTIAL HARDSHIP.

Section 614 of the Tariff Act of 1930 (19 U.S.C. 1614) is amended--
(1) by inserting ''(a) Release Upon Payment.--'' before
''If''; and
(2) by adding at the end the following new subsection:
''(b) Release of Seized Property for Substantial Hardship.--
''(1) Request for release.--(A) A claimant is entitled to
immediate release of seized property if continued possession by
the Government would cause the claimant substantial hardship.
''(B) A claimant seeking release of property under this
subsection shall--
''(i) request possession of the property from the
appropriate customs officer; and
''(ii) state in the request the basis for such
release.
''(2) Civil action.--(A) If, within 10 days after the date
on which a request is made under paragraph (1), the subject
property has not been released, the claimant may file a
complaint in any district court that would have jurisdiction
over forfeiture proceedings relating to the property.
''(B) A complaint under subparagraph (B) shall state--
''(i) the nature of the claim to the seized
property;
''(ii) the reason why the continued possession by
the United States Government pending the final
disposition of forfeiture proceedings will cause
substantial hardship to the claimant; and
''(iii) the steps that the claimant has taken to
secure release of the property from the appropriate
customs officer.
''(3) Return of property.--If a complaint is filed under
paragraph (2), the district court shall order that the property
be returned to the claimant, pending completion of proceedings
by the United States Government to obtain forfeiture of the
property, if the claimant shows that--
''(A) the claimant is likely to demonstrate a
possessory interest in the seized property; and
''(B) continued possession by the United States
Government of the seized property is likely to cause
substantial hardship to the claimant.
''(4) Conditions.--The court may place such conditions on
release of the property as the court finds are appropriate to
preserve the availability of the property or its equivalent for
forfeiture.
''(5) Time for decision.--The district court shall render a
decision on a complaint filed under paragraph (2) no later than
30 days after the date of the filing, unless such 30-day
limitation is extended by consent of the parties or by the
court for good cause shown.''.

SEC. 7. JUSTICE ASSETS FORFEITURE FUND.

Section 524(c) of title 28, United States Code, is amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A) by
striking ''law enforcement'';
(B) by redesignating subparagraphs (H) and (I) as
subparagraphs (I) and (J), respectively; and
(C) by inserting after subparagraph (G) the
following new subparagraph:
''(H) payment of court-awarded compensation for
representation of claimants pursuant to section 608(b) of the
Tariff Act of 1930;''; and
(2) in paragraph (9)(A), by striking ''(H)'' and inserting
''(I)''.

SEC. 8. CLARIFICATION REGARDING FORFEITURES UNDER THE CONTROLLED
SUBSTANCES ACT.

Section 511(a)(7) of the Controlled Substances Act (21 U.S.C.
881(a)(7)) is amended by striking ''without the knowledge or consent of
that owner'' and inserting ''either without the knowledge of that owner
or without the consent of that owner''.

SEC. 9. APPLICABILITY.

The amendments made by this Act apply with respect to claims filed
under section 608 of the Tariff Act of 1930 and suits and actions filed
under section 615 of that Act on or after the date of enactment of this
Act.

A: Civil Asset Forfeiture Reform Act - Amends the Federal judicial code to exclude from the customs and tax exemption under tort claims procedures a claim based on the negligent destruction, injury, or loss of goods or merchandise (including real property) while in the possession of a customs or other law enforcement officer.
Extends the period for filing claims in certain in rem proceedings.
Amends the Tariff Act of 1930 to provide that: (1) in all suits or actions brought for the forfeiture of any vessel, vehicle, aircraft, merchandise, or baggage seized under the provisions of any law relating to the collection of duties on imports or tonnage, with exceptions, and for the recovery of the value of any forfeited property because of violation of any such law, the burden of proof is on the Government to establish by clear and convincing evidence that the property was subject to forfeiture; (2) any person claiming such property may at any time within 60 days from the date of the first publication of the notice of seizure file a claim with the appropriate customs officer, who shall transmit such claim to the U.S. attorney for the district in which seizure was made; and (3) if the person filing such claim (or a claim regarding seized property under any other provision of law that incorporates by reference the seizure, forfeiture, and condemnation procedures of the customs laws) is financially unable to obtain representation, the court may appoint counsel, subject to specified requirements.
Specifies that a claimant is entitled to immediate release of seized property if continued possession by the Government would cause the claimant substantial hardship. Sets forth procedures regarding the request for release, return of property, and time for decision by the court on a complaint for such return.
Makes sums in the Department of Justice Assets Forfeiture Fund available for the payment of court-awarded compensation for representation of claimants under the Tariff Act, with respect to seizure claims by individuals financially unable to obtain representation of counsel.
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Q: SECTION 1. SHORT TITLE.

This Act may be cited as the ''Consumer Auto Safety Enhancement Act
of 2010''.

SEC. 2. FINDINGS.

Congress finds the following:
(1) Event data recorders offer important benefits for motor
vehicle safety, such as enabling automatic crash notification
systems for improved emergency responses to crashes, increasing
understanding of vehicle crashworthiness and safe highway
design, and providing greater insight into trends in motor
vehicle defects.
(2) More than 38,000 people die each year on roads in the
United States, and such fatalities could be reduced by taking
full advantage of the benefits of event data recorders.
(3) According to the event data recorder working group of
the National Highway Traffic Safety Administration, the degree
to which the benefits of event data recorders are realized is
directly proportional to the number of motor vehicles equipped
with such recorders.
(4) Requiring the inclusion of event data recorders in new
motor vehicles would produce valuable safety benefits that
would far outweigh the nominal financial burden on
manufacturers.
(5) The National Transportation Safety Board has
recommended that event data recorders be installed on light
passenger vehicles and on schoolbuses and motorcoaches.

SEC. 3. EVENT DATA RECORDERS.

(a) In General.--Subchapter II of chapter 301 of part A of subtitle
VI of title 49, United States Code, is amended by adding at the end the
following new sections:
''Sec. 30129. Event data recorders required for model year 2012 or
later
''(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Secretary of Transportation shall
promulgate a rule that--
''(1) requires each motor vehicle manufacturer to equip
each motor vehicle of model year 2012 or later manufactured by
such manufacturer, regardless of the gross vehicle weight
rating of the motor vehicle, with an event data recorder that
meets the specifications set forth in subsection (b); and
''(2) establishes the uniform data retrieval method
described in subsection (c).
''(b) Specifications of Event Data Recorder.--
''(1) Survivability.--The event data recorder required
under subsection (a)(1) shall be capable of--
''(A) sustaining without a loss of data--
''(i) a crash that results in a fire in
which the motor vehicle reaches a maximum
temperature to be determined by the Secretary
for a maximum period of time to be determined
by the Secretary; and
''(ii) a crash that results in the motor
vehicle becoming immersed in not greater than
10 feet of water; and
''(B) sustaining without a loss of data or
function--
''(i) a frontal barrier crash test at not
less than 65 miles per hour;
''(ii) the rear moving barrier crash test
described in S6.2 of Federal Motor Vehicle
Safety Standard 301 (49 C.F.R. 571.301) that is
applicable to the motor vehicle on which the
event data recorder is installed; and
''(iii) a side barrier crash test to be
determined by the Secretary.
''(2) Data elements.--The event data recorder required
under subsection (a)(1) shall record the following data
elements:
''(A) Yaw data.
''(B) Safety belt status by seating location,
number of occupants, and location in the vehicle.
''(C) Data regarding vehicle speed, engine
rotations per minute, change in acceleration, and
control signal status for the braking, acceleration,
and steering systems.
''(D) Driver and front passenger airbag deployment
level, deactivation status, deployment time, and
deployment stage.
''(E) Rollover data.
''(F) Data regarding the operation of the antilock
brake system, the traction control system, and the
electronic stability control system, including the roll
stability control system.
''(G) A stamp including the motor vehicle's vehicle
identification number and the date, time, and odometer
reading corresponding to each event collected.
''(H) Tire pressure.
''(I) All other data elements listed in the left-
hand column of table I or the left-hand column of table
II of section 563.7 of title 49, Code of Federal
Regulations, as such section is in effect on the date
of the enactment of this section.
''(J) Such other data as the Secretary considers
appropriate, including any data element in the event
data recorder standards issued by the Institute of
Electrical and Electronics Engineers or the Society of
Automotive Engineers.
''(3) Length of recording time.--The event data recorder
required under subsection (a)(1) shall record data related to a
crash event for a period of not less than 60 seconds before
time zero and 15 seconds after time zero. For purposes of the
preceding sentence, the term 'time zero' has the meaning given
such term in section 563.5(b) of title 49, Code of Federal
Regulations, as such section is in effect on the date of the
enactment of this section.
''(4) Tamper resistance.--The event data recorder required
under subsection (a)(1) shall have such safeguards as the
Secretary considers appropriate to prevent alteration of the
data recorded.
''(5) Compatibility with universal data retrieval method.--
The event data recorder required under subsection (a)(1) shall
permit the data recorded by such recorder to be retrieved using
the universal data retrieval method established under
subsection (a)(2). The Secretary shall specify any data format
requirements the Secretary considers appropriate to facilitate
the establishment of such universal data retrieval method.
''(c) Universal Data Retrieval Method.--The universal data
retrieval method required under subsection (a)(2) shall be a single
method by which the recorded data in an event data recorder on any
motor vehicle to which this section applies, regardless of manufacturer
or model, may be removed from such event data recorder and put into
readable form. For purposes of the preceding sentence, data are in
readable form if they conform to any data format requirements
established by the Secretary and can be used to analyze the safety
performance of a vehicle using commercially available equipment.
''(d) Data Collection.--
''(1) Process for receiving data.--
''(A) In general.--The Secretary shall establish a
process by which an individual or entity may transmit
to the Secretary data from an event data recorder.
''(B) Periodic evaluations and modifications.--The
Secretary shall conduct periodic evaluations of the
process established under subparagraph (A) and make
such modifications as the Secretary considers
appropriate to ensure that the process is as effective
and efficient as possible.
''(2) Event data recorder database.--
''(A) In general.--The Secretary shall create a
database for purposes of research and analysis that
contains, in electronic format, all data available to
the Secretary from event data recorders. Such database
shall not include any data that were not obtained from
an event data recorder, except for such data from other
sources as the Secretary considers--
''(i) relevant to performing research and
analysis using data from event data recorders,
including police accident reports and other
similar official information regarding the
conditions and circumstances under which the
data were collected; or
''(ii) necessary to operate the event data
recorder database.
''(B) Availability to public.--
''(i) In general.--Except as provided in
clause (ii), the data in the database required
by subparagraph (A) shall be available to the
public.
''(ii) Personally identifiable
information.--The Secretary shall ensure that
the data made available to the public under
clause (i) do not contain any information that
could be used to identify an owner, lessee, or
occupant of a vehicle from whose event data
recorder such data were obtained, including the
full vehicle identification number of the
vehicle, the name, mailing address, email
address, or telephone number of an owner,
lessee, or occupant, and any other information
that is prohibited by law from disclosure or
that the Secretary determines should be
withheld to protect individual privacy.
''(e) Event Data Recorder Defined.--For purposes of this section,
the term 'event data recorder' has the meaning given such term in
section 563.5(b) of title 49, Code of Federal Regulations.
''Sec. 30130. Readability of data in event data recorders prior to
model year 2012
''(a) In General.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Transportation shall
promulgate a rule that requires each motor vehicle manufacturer to
ensure that the data recorded by an event data recorder in a vehicle of
a model year prior to model year 2012 that is manufactured by such
manufacturer are capable of being read by the National Highway Traffic
Safety Administration. Such rule shall apply to a vehicle manufactured
prior to the effective date of such rule if such vehicle is equipped
with an event data recorder but shall not require any vehicle,
regardless of the date of manufacture, to be equipped with an event
data recorder.
''(b) Data Capable of Being Read by NHTSA.--For purposes of
subsection (a), data in a motor vehicle's event data recorder are
capable of being read by the National Highway Traffic Safety
Administration if a representative of the Administration who has
physical access to the vehicle can, through the use of computer
hardware and software, whether provided by the manufacturer of such
vehicle or otherwise, gain access to such data in a format that allows
the Administration to analyze the safety performance of such vehicle.
''(c) Event Data Recorder Defined.--For purposes of this section,
the term 'event data recorder' has the meaning given such term in
section 563.5(b) of title 49, Code of Federal Regulations.
''(d) Effective Date of Rule.--The rule promulgated under
subsection (a) shall take effect not later than 30 days after the date
on which such rule is promulgated.
''Sec. 30131. Privacy of data in event data recorders
''(a) Ownership of Data.--The data stored in an event data recorder
described in section 30129(a) or 30130(a) are the property of the owner
or lessee of the motor vehicle in which such event data recorder is
installed.
''(b) Access to Data.--The data stored in an event data recorder
described in section 30129(a) or 30130(a) may not be accessed by any
person other than the owner or lessee of the motor vehicle in which
such event data recorder is installed, unless--
''(1) a court authorizes retrieval of the data in
furtherance of a legal proceeding;
''(2) the owner or lessee of such motor vehicle consents to
the retrieval of the data for any purpose, including to
diagnose, service, or repair such motor vehicle; or
''(3) the data are retrieved by a government motor vehicle
safety agency for the purpose of improving motor vehicle safety
and the personally identifiable information of any owner,
lessee, or occupant of such motor vehicle, including the
vehicle identification number of such motor vehicle, is not
publicly disclosed in connection with the data.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
30128 the following new items:

30129. Event data recorders required for model year 2012 or later.
30130. Readability of data in event data recorders prior to model year
2012.
30131. Privacy of data in event data recorders.

SEC. 4. REPORT ON FEASIBILITY OF AUTOMATIC TRANSMISSION OF EDR DATA.

(a) In General.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Transportation shall submit to
Congress a report on the feasibility of requiring that, after the
involvement in a crash event of a motor vehicle equipped with an event
data recorder under section 30129(a) of title 49, United States Code,
such event data recorder automatically transmit to the Secretary, in
electronic form, the data recorded with respect to the crash event.
(b) Contents of Report.--The report required by subsection (a)
shall include--
(1) an analysis, with respect to the time when such
analysis is conducted, of systems and capabilities for
automatic electronic transmission of event data recorder data
in the event of a crash and the extent to which it is the
practice of motor vehicle manufacturers to collect such data;
(2) an analysis of any benefits, whether monetary or
nonmonetary, of maintaining a database containing the data that
would be automatically transmitted to the Secretary under the
requirement described in subsection (a);
(3) an analysis of the cost to motor vehicle manufacturers
of complying with such requirement as compared to the cost of
requiring the submission of the same information by means other
than automatic electronic transmission;
(4) the Secretary's recommendation of a reasonable timeline
for manufacturers to comply with the requirement described in
subsection (a); and
(5) an analysis of any privacy issues posed by such
requirement and recommendations for how they might be addressed
or eliminated.

A:
Consumer Auto Safety Enhancement Act of 2010 - Directs the Secretary of Transportation (DOT) to promulgate a rule that: (1) requires each motor vehicle manufacturer to equip each motor vehicle manufactured in model year 2012 or later with an event data recorder (EDR) that meets certain specifications; and (2) establishes a universal data retrieval method by which recorded data in an EDR may be retrieved and put into readable form regardless of manufacturer or model of the motor vehicle.

Requires the Secretary to: (1) establish a process by which an individual or entity may transmit EDR data to the Secretary; and (2) create an EDR database for research and analysis.

Directs the Secretary to promulgate a rule that requires each motor vehicle manufacturer to ensure that the data recorded by an EDR in a motor vehicle manufactured before model year 2012 is capable of being read by the National Highway Traffic Safety Administration (NHTSA).

Prohibits the retrieval of data stored in an EDR by any person other than the owner or lessee of the motor vehicle in which such device is installed, unless: (1) a court authorizes it, the owner or lessee consents, or the data is retrieved by a government motor vehicle safety agency; and (2) neither the personally identifiable information of the vehicle owner, lessee,or occupant nor the vehicle identification number (VIN) is publicly disclosed in connection with the data.
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