,i #aacth ,,congress #ast ,session ,h4 ,r4 #bdad ,,in ,,the ,,house ,,of ,,representatives ,june #ah1 #bjac ,mr4 ,capuano 7for himself1 ,mr4 ,sensenbrenner1 ,mr4 ,griffith of ,virginia1 ,ms4 ,brownley of ,california1 ,mrs4 ,napolitano1 ,ms4 ,jackson ,lee1 ,mr4 ,fortenberry1 ,mr4 ,rodney ,davis of ,illinois1 ,mr4 ,campbell1 ,mr4 ,daines1 and ,ms4 ,lofgren7 introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committee on the ,judiciary1 for a period to be subsequently determined by the ,speaker1 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 consumers the presence of event data recorders1 or black boxes1 on new automobiles1 and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles4 #a4 ,short title ,this ,act may be cited as the ,black ,box ,privacy ,protection ,act4 #b4 ,findings ,congress finds the following3 7#a7 ,consumers have the right to know that event data recorders are installed in their vehicles1 that they are capable of collecting data recorded in automobile accidents1 and how such data may be used4 7#b7 ,from the standpoint of consumer privacy rights1 most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses1 but has the potential of being used against them in a civil or criminal proceeding1 or by their insurer to increase rates4 #c4 ,disclosure of event data recorders on ,automobiles and motorcycles 7a7 ,labeling disclosure for automobiles ,section #c of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abcb7 is amended-- 7#a7 in subsection 7g77#d77;,b7 by striking 2 and and inserting a semicolon2 7#b7 in subsection 7h71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7i7 7#a7 the presence and location of an event data recorder2 7#b7 the type of information recorded by the event data recorder and how such information is recorded2 and 7#c7 that the information recorded by the event data recorder also may be used in a law enforcement proceeding4 4 7b7 ,labeling disclosure for motorcycles ,the ,automobile ,information ,disclosure ,act is further amended by adding after section #c the following new section3 #c;,a4 ,disclosure of event data recorders on motorcycles ,every manufacturer of new motorcycles distributed in commerce shall1 prior to the delivery of any new motorcycle to any dealer1 or at or prior to the introduction date of new models delivered to a dealer prior to such introduction date1 securely affix to the new motorcycle a label on which such manufacturer shall disclose-- 7#a7 the presence and location of an event data recorder2 7#b7 the type of information recorded by the event data recorder and how such information is recorded2 and 7#c7 that the information recorded by the event data recorder also may be used in a law enforcement proceeding4 4 7c7 ,definitions ,section #b of such ,act 7#ae ,u4,s4,c4 #abca7 is amended by adding at the end the following3 7i7 ,the term event data recorder means any device or means of technology installed in an automobile that records information such as automobile or motorcycle speed1 seatbelt use1 application of brakes or other information pertinent to the operation of the automobile or motorcycle1 as applicable4 7j7 ,the term motorcycle means a vehicle having a seat or saddle for the use of the rider1 designed to travel on not more than three wheels in contact with the ground1 and weighing less than #a1ejj pounds4 7k7 ,the term new motorcycle means a motorcycle the equitable or legal title to which has never been transferred by a manufacturer1 distributor1 or dealer to an ultimate purchaser4 4 7d7 ,rulemaking ,within #ahj days following the enactment of this ,act1 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 section4 #d4 ,requirement for event data recorders on ,new ,automobiles ,no person may manufacture for sale1 sell1 offer for sale1 introduce or deliver into interstate commerce1 or import into the ,united ,states1 an automobile manufactured after #bjae 7and bearing a model year of #bjaf or later7 that is equipped with an event data recorder1 unless such event data recorder includes a function whereby the consumer can control the recording of information by the event data recorder4 #e4 ,ownership and unlawful retrieval of event data recorder data 7a7 ,ownership ,rights2 ,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 motorcycle4 ,it shall be unlawful for any person other than the owner of the automobile or motorcycle to download or otherwise retrieve data that is recorded on any event data recorder except under one of the following circumstances3 7#a7 ,the owner of the automobile or motorcycle or the owner's agent or legal representative consents to the retrieval of the information4 7#b7 ,in response to an order of a court having jurisdiction to issue the order4 7#c7 ,the data is retrieved by a dealer1 or by an automotive technician for the purpose of diagnosing1 servicing1 or repairing the automobile or motorcycle4 7b7 ,treatment of ,violations as ,unfair or ,deceptive ,acts or ,practices ,a violation of subsection 7a7 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section #ah7;a77#a77;,b7 of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #eg;a7a77#a77;,b774 7c7 ,enforcement by the ,federal ,trade ,commission ,the ,federal ,trade ,commission shall enforce this section in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though all applicable terms and provisions of the ,federal ,trade ,commission ,act 7#ae ,u4,s4,c4 #da et seq47 were incorporated into and made a part of this section4 #f4 ,criminal penalties 7a7 ,in general ,chapter #b of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 #dj;,a4 ,event data recorders on automobiles4 ,whoever1 in or affecting interstate or foreign commerce1 knowingly fails to provide the disclosure required by section #c7;i7 or #c;,a of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abcb7 relating to event data recorders1 or knowingly violates section #d of the ,black ,box ,privacy ,protection ,act1 shall be fined under this title4 4 7b7 ,clerical amendment ,the table of sections of title #ah1 ,united ,states ,code1 is amended by adding after the item relating to section #dj1 the following3 #dj;,a4 ,event data recorders on automobiles4 4 #g4 ,definitions ,as used in this ,act3 7#a7 ,the term consumer has the meaning given the term ultimate purchaser in section #b of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abca74 7#b7 ,the term dealer has the meaning given that term in section #cjajb7;a7 of title #di1 ,united ,states ,code4 7#c7 ,the term event data recorder means any device or means of technology installed in an automobile that records information such as vehicle speed1 seatbelt use1 application of brakes or other information pertinent to the operation of the automobile4 7#d7 ,the terms manufacturer1 new automobile1 and new motorcycle have the meanings given those terms in section #b of the ,automobile ,information ,disclosure ,act 7#ae ,u4,s4,c4 #abca74 #h4 ,effective ,date ,this ,act and the amendments made by this ,act shall take effect #ahj days after the date of enactment of this ,act4