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115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
1st Session } { 115-294
======================================================================
SAFELY ENSURING LIVES FUTURE DEPLOYMENT AND RESEARCH IN VEHICLE
EVOLUTION ACT
_______
September 5, 2017.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Walden, from the Committee on Energy and Commerce, submitted the
following
R E P O R T
[To accompany H.R. 3388]
[Including cost estimate of the Congressional Budget Office]
The Committee on Energy and Commerce, to whom was referred
the bill (H.R. 3388) to provide for information on highly
automated driving systems to be made available to prospective
buyers, having considered the same, report favorably thereon
with amendments and recommend that the bill as amended do pass.
CONTENTS
Purpose and Summary.............................................. 11
Background and Need for Legislation.............................. 11
Committee Consideration.......................................... 12
Committee Votes.................................................. 13
Oversight Findings and Recommendations........................... 15
New Budget Authority, Entitlement Authority, and Tax Expenditures 15
Congressional Budget Office Estimate............................. 15
Federal Mandates Statement....................................... 18
Statement of General Performance Goals and Objectives............ 18
Duplication of Federal Programs.................................. 18
Committee Cost Estimate.......................................... 18
Earmark, Limited Tax Benefits, and Limited Tariff Benefits....... 18
Disclosure of Directed Rule Makings.............................. 18
Advisory Committee Statement..................................... 18
Applicability to Legislative Branch.............................. 19
Section-by-Section Analysis of the Legislation................... 19
Changes in Existing Law Made by the Bill, as Reported............ 21
The amendments are as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safely Ensuring
Lives Future Deployment and Research In Vehicle Evolution Act'' or the
``SELF DRIVE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. NHTSA authority and State preemption for autonomous motor
vehicles.
Sec. 4. Updated or new motor vehicle safety standards for highly
automated vehicles.
Sec. 5. Cybersecurity of automated driving systems.
Sec. 6. General exemptions.
Sec. 7. Motor vehicle testing or evaluation.
Sec. 8. Information on highly automated driving systems made available
to prospective buyers.
Sec. 9. Highly Automated Vehicle Advisory Council.
Sec. 10. Rear seat occupant alert system.
Sec. 11. Headlamps.
Sec. 12. Privacy plan required for highly automated vehicles.
Sec. 13. Definitions.
SEC. 2. PURPOSE.
The purpose of this Act is to memorialize the Federal role in
ensuring the safety of highly automated vehicles as it relates to
design, construction, and performance, by encouraging the testing and
deployment of such vehicles.
SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR AUTONOMOUS MOTOR
VEHICLES.
Section 30103 of title 49, United States Code, is amended--
(1) by amending subsection (b) to read as follows:
``(b) Preemption.--
``(1) Highly automated vehicles.--No State or political
subdivision of a State may maintain, enforce, prescribe, or
continue in effect any law or regulation regarding the design,
construction, or performance of highly automated vehicles,
automated driving systems, or components of automated driving
systems unless such law or regulation is identical to a
standard prescribed under this chapter.
``(2) Motor vehicle standard.--When a motor vehicle safety
standard is in effect under this chapter, a State or political
subdivision of a State may prescribe or continue in effect a
standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard
is identical to the standard prescribed under this chapter.
``(3) Rules of construction.--
``(A) In general.--Nothing in this subsection may be
construed to prohibit a State or a political
subdivision of a State from maintaining, enforcing,
prescribing, or continuing in effect any law or
regulation regarding registration, licensing, driving
education and training, insurance, law enforcement,
crash investigations, safety and emissions inspections,
congestion management of vehicles on the street within
a State or political subdivision of a State, or traffic
unless the law or regulation is an unreasonable
restriction on the design, construction, or performance
of highly automated vehicles, automated driving
systems, or components of automated driving systems.
``(B) Motor vehicle dealers.--Nothing in this
subsection may be construed to prohibit a State or
political subdivision of a State from maintaining,
enforcing, prescribing, or continuing in effect any law
or regulation regarding the sale, distribution, repair,
or service of highly automated vehicles, automated
driving systems, or components of automated driving
systems by a dealer, manufacturer, or distributor.
``(C) Conformity with federal law.--Nothing in this
subsection shall be construed to preempt, restrict, or
limit a State or political subdivision of a State from
acting in accordance with any other Federal law.
``(4) Higher performance requirement.--However, the United
States Government, a State, or a political subdivision of a
State may prescribe a standard for a motor vehicle, motor
vehicle equipment, highly automated vehicle, or automated
driving system obtained for its own use that imposes a higher
performance requirement than that required by the otherwise
applicable standard under this chapter.
``(5) State enforcement.--A State may enforce a standard that
is identical to a standard prescribed under this chapter.'';
and
(2) by amending subsection (e) to read as follows:
``(e) Common Law Liability.--
``(1) In general.--Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a person
from liability at common law.
``(2) Rule of construction.--Nothing in this section shall be
construed to preempt common law claims.''.
SEC. 4. UPDATED OR NEW MOTOR VEHICLE SAFETY STANDARDS FOR HIGHLY
AUTOMATED VEHICLES.
(a) In General.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30128 the following
new section:
``Sec. 30129. Updated or new motor vehicle safety standards for highly
automated vehicles
``(a) Safety Assessment Certification.--
``(1) Final rule.--Not later than 24 months after the date of
the enactment of this section, the Secretary of Transportation
shall issue a final rule requiring the submission of safety
assessment certifications regarding how safety is being
addressed by each entity developing a highly automated vehicle
or an automated driving system. Such rule shall include--
``(A) a specification of which entities are required
to submit such certifications;
``(B) a clear description of the relevant test
results, data, and other contents required to be
submitted by such entity, in order to demonstrate that
such entity's vehicles are likely to maintain safety,
and function as intended and contain fail safe
features, to be included in such certifications; and
``(C) a specification of the circumstances under
which such certifications are required to be updated or
resubmitted.
``(2) Interim requirement.--Until the final rule issued under
paragraph (1) takes effect, safety assessment letters shall be
submitted to the National Highway Traffic Safety Administration
as contemplated by the Federal Automated Vehicles Policy issued
in September 2016, or any successor guidance issued on highly
automated vehicles requiring a safety assessment letter.
``(3) Periodic review and updating.--Not later than 5 years
after the date on which the final rule is issued under
paragraph (1), and not less frequently than every 5 years
thereafter, the Secretary shall--
``(A) review such rule; and
``(B) update such rule if the Secretary considers it
necessary.
``(4) Rules of construction.--
``(A) No conditions on deployment.--Nothing in this
subsection may be construed to limit or affect the
Secretary's authority under any other provision of law.
The Secretary may not condition deployment or testing
of highly automated vehicles on review of safety
assessment certifications.
``(B) No new authorities.--No new authorities are
granted to the Secretary under this section other than
the promulgation of the rule pursuant to paragraph (1).
``(5) Review and research.--To accommodate the development
and deployment of highly automated vehicles and to ensure the
safety and security of highly automated vehicles and motor
vehicles and others that will share the roads with highly
automated vehicles, not later than 180 days after the date of
the enactment of this section, the Secretary shall--
``(A) initiate or continue a review of the Federal
motor vehicle safety standards in effect on such date
of enactment; and
``(B) initiate or continue research regarding new
Federal motor vehicle safety standards.
``(b) Rulemaking and Safety Priority Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall make available
to the public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
rulemaking and safety priority plan, as necessary to
accommodate the development and deployment of highly automated
vehicles and to ensure the safety and security of highly
automated vehicles and motor vehicles and others that will
share the roads with highly automated vehicles, to--
``(A) update the motor vehicle safety standards in
effect on such date of enactment;
``(B) issue new motor vehicle safety standards; and
``(C) consider how objective ranges in performance
standards could be used to test motor vehicle safety
standards, which safety standards would be appropriate
for such testing, and whether additional authority
would facilitate such testing.
``(2) Inclusion of priorities.--
``(A) Priorities.--The plan required by paragraph (1)
shall detail the overall priorities of the National
Highway Traffic Safety Administration for the 5 years
following the issuance of the plan, including both
priorities with respect to highly automated vehicles
and priorities with respect to other safety initiatives
of the Administration, in order to meet the Nation's
motor vehicle safety challenges.
``(B) Identification of elements that may require
standards.--For highly automated vehicles, the National
Highway Traffic Safety Administration should identify
elements that may require performance standards
including human machine interface, sensors, and
actuators, and consider process and procedure standards
for software and cybersecurity as necessary.
``(3) Periodic updating.--The plan required by paragraph (1)
shall be updated every 2 years, or more frequently if the
Secretary considers it necessary.
``(4) Rulemaking proceedings on updated or new motor vehicle
safety standards.--
``(A) In general.--Not later than 18 months after the
date of enactment of this section, the Secretary shall
initiate the first rulemaking proceeding in accordance
with the rulemaking and safety priority plan required
by paragraph (1).
``(B) Prioritization of subsequent proceedings.--The
Secretary shall continue initiating rulemaking
proceedings in accordance with such plan. The Secretary
may change at any time those priorities to address
matters the Secretary considers of greater priority. If
the Secretary makes such a change, the Secretary shall
complete an interim update of the priority plan, make
such update available to the public, and submit such
update to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 301 of subtitle VI
of title 49, United States Code, is amended by inserting after the item
relating to section 30128 the following new item:
``30129. Updated or new motor vehicle safety standards for
highly automated vehicles.''.
SEC. 5. CYBERSECURITY OF AUTOMATED DRIVING SYSTEMS.
(a) In General.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30129 (as added by
section 4) the following new section:
``Sec. 30130. Cybersecurity of automated driving systems
``(a) Cybersecurity Plan.--A manufacturer may not sell, offer for
sale, introduce or deliver for introduction into commerce, or import
into the United States, any highly automated vehicle, vehicle that
performs partial driving automation, or automated driving system unless
such manufacturer has developed a cybersecurity plan that includes the
following:
``(1) A written cybersecurity policy with respect to the
practices of the manufacturer for detecting and responding to
cyber attacks, unauthorized intrusions, and false and spurious
messages or vehicle control commands. This policy shall
include--
``(A) a process for identifying, assessing, and
mitigating reasonably foreseeable vulnerabilities from
cyber attacks or unauthorized intrusions, including
false and spurious messages and malicious vehicle
control commands; and
``(B) a process for taking preventive and corrective
action to mitigate against vulnerabilities in a highly
automated vehicle or a vehicle that performs partial
driving automation, including incident response plans,
intrusion detection and prevention systems that
safeguard key controls, systems, and procedures through
testing or monitoring, and updates to such process
based on changed circumstances.
``(2) The identification of an officer or other individual of
the manufacturer as the point of contact with responsibility
for the management of cybersecurity.
``(3) A process for limiting access to automated driving
systems.
``(4) A process for employee training and supervision for
implementation and maintenance of the policies and procedures
required by this section, including controls on employee access
to automated driving systems.
``(b) Effective Date.--This section shall take effect 180 days after
the date of enactment of this section.''.
(b) Enforcement Authority.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30130,'' after ``30127,''.
(c) Clerical Amendment.--The analysis for chapter 301 of subtitle VI
of title 49, United States Code, is amended by inserting after the item
relating to section 30129 (as added by section 4) the following new
item:
``30130. Cybersecurity of automated driving systems.''.
SEC. 6. GENERAL EXEMPTIONS.
Section 30113 of title 49, United States Code, is amended--
(1) in subsection (b)(3)(B)--
(A) in clause (iii), by striking ``; or'' and
inserting a semicolon;
(B) in clause (iv), by striking the period at the end
and inserting ``; or''; and
(C) by adding at the end the following:
``(v) the exemption would make easier the development or
field evaluation of--
``(I) a feature of a highly automated vehicle
providing a safety level at least equal to the safety
level of the standard for which exemption is sought; or
``(II) a highly automated vehicle providing an
overall safety level at least equal to the overall
safety level of nonexempt vehicles.'';
(2) in subsection (c), by adding at the end the following:
``(5) if the application is made under subsection
(b)(3)(B)(v) of this section--
``(A) such development, testing, and other data
necessary to demonstrate that the motor vehicle is a
highly automated vehicle; and
``(B) a detailed analysis that includes supporting
test data, including both on-road and validation and
testing data showing (as applicable) that--
``(i) the safety level of the feature at
least equals the safety level of the standard
for which exemption is sought; or
``(ii) the vehicle provides an overall safety
level at least equal to the overall safety
level of nonexempt vehicles.'';
(3) in subsection (d), by striking ``A manufacturer is
eligible'' and all that follows and inserting the following:
``(1) Eligibility under subsection (b)(3)(B)(i).--A
manufacturer is eligible for an exemption under subsection
(b)(3)(B)(i) of this section (including an exemption under
subsection (b)(3)(B)(i) relating to a bumper standard referred
to in subsection (b)(1)) only if the Secretary determines that
the manufacturer's total motor vehicle production in the most
recent year of production is not more than 10,000.
``(2) Eligibility under subsection (b)(3)(B)(iii).--A
manufacturer is eligible for an exemption under subsection
(b)(3)(B)(iii) of this section only if the Secretary determines
the exemption is for not more than 2,500 vehicles to be sold in
the United States in any 12-month period.
``(3) Eligibility under subsection (b)(3)(B)(ii), (iv), or
(v).--A manufacturer is eligible for an exemption under
subsection (b)(3)(B)(ii), (iv), or (v) of this section only if
the Secretary determines the exemption is for not more than
100,000 vehicles per manufacturer to be sold, leased, or
otherwise introduced into commerce in the United States in any
12-month period.
``(4) Limitation on number of vehicles exempted.--All
exemptions granted to a manufacturer under subsections
(b)(3)(B)(i) through (v) shall not exceed a total of (i) 25,000
vehicles manufactured within the first 12-month period, (ii)
50,000 vehicles manufactured within the second 12-month period,
(iii) 100,000 vehicles manufactured within the third 12-month
period, and, (iv) 100,000 vehicles manufactured within the
fourth 12-month period. Any renewals under subsections
(b)(3)(B)(i) through (v) shall not exceed a total of 100,000
vehicles manufactured within a 12-month period.'';
(4) in subsection (e), by striking ``An exemption or
renewal'' and all that follows and inserting the following:
``(1) Exemption under subsection (b)(3)(B)(i).--An exemption
or renewal under subsection (b)(3)(B)(i) of this section may be
granted for not more than 3 years.
``(2) Exemption under subsection (b)(3)(B)(iii).--An
exemption or renewal under subsection (b)(3)(B)(iii) this
section may be granted for not more than 2 years.
``(3) Exemption under subsection (b)(3)(B)(ii), (iv), or
(v).--An exemption or renewal under subsection (b)(3)(B)(ii),
(iv), or (v) of this section may be granted for not more than 4
years.''; and
(5) by adding at the end the following:
``(i) Limitation on Certain Exemptions.--No exemption from
crashworthiness standards of motor vehicle safety standards shall be
granted under subsection (b)(3)(B)(v) until the Secretary issues the
safety assessment certification rule pursuant to section 30129(a) and
the rulemaking and safety priority plan pursuant to section 30129(b)
and one year has passed from the date by which the Secretary has issued
both such rule and such plan. This subsection shall not apply to
exemptions from occupant protection standards if the exemption is for a
vehicle that will not carry its operator or passengers. This subsection
shall not apply to exemptions from crashworthiness standards if the
exemption sought is for a standard addressing the steering control
system and it is for a vehicle that--
``(1) will not have a steering control system;
``(2) provides impact protection to an occupant in the front
left seat at a level at least equal to the level provided in
nonexempt vehicles; and
``(3) provides a safety level at least equal to the safety
level of the standard for which the exemption is sought.
``(j) Reporting Requirement.--A manufacturer granted an exemption
under subsection (b)(3)(B)(ii), (iv), or (v), shall provide information
about all crashes of which it has actual knowledge involving such
exempted vehicles, regardless of whether a claim is submitted to the
manufacturer, in accordance with part 579 of title 49, Code of Federal
Regulations.
``(k) Process and Analysis.--
``(1) In general.--Not later than 180 days after the date of
enactment of this subsection, the Secretary of Transportation
shall publish in the Federal Register a notice that details the
process and analysis used for the consideration of exemption or
renewal applications under subsection (b)(3)(B)(v).
``(2) Periodic review and updating.--The notice required by
paragraph (1) shall be reviewed every 5 years and updated if
the Secretary considers it necessary.
``(l) Exemption Database.--
``(1) In general.--The Secretary shall establish a publicly
available and searchable electronic database of each motor
vehicle for which an exemption from motor vehicle safety
standards prescribed under this chapter or a bumper standard
prescribed under chapter 325 has been granted.
``(2) Vehicle identification number.--The database
established under paragraph (1) shall be searchable by Vehicle
Identification Number and shall include no information
identifying the vehicle owner.''.
SEC. 7. MOTOR VEHICLE TESTING OR EVALUATION.
Section 30112(b)(10) of title 49, United States Code, is amended--
(1) by striking ``that prior to the date of enactment of this
paragraph'';
(2) in subparagraph (A), by striking ``motor vehicles into
the United States that are certified'' and inserting ``into the
United States motor vehicles that are certified, or motor
vehicle equipment utilized in a motor vehicle that is
certified,'';
(3) in subparagraph (C), by striking the period at the end
and inserting ``; or'';
(4) by redesignating subparagraphs (A) through (C) as clauses
(i) through (iii), respectively, and moving their margins 2 ems
to the right;
(5) by striking ``evaluation by a manufacturer that agrees
not to sell or offer for sale'' and inserting the following:
``evaluation by--
``(A) a manufacturer that agrees not to sell or lease
or offer for sale or lease''; and
(6) by adding at the end the following:
``(B) a manufacturer of highly automated vehicles,
automated driving systems, or components of automated
driving systems that agrees not to sell or lease or
offer for sale or lease the highly automated vehicles,
automated driving systems, or components of automated
driving systems at the conclusion of the testing or
evaluation and--
``(i) has submitted to the Secretary--
``(I) the name of the individual,
partnership, corporation, or
institution of higher education and a
point of contact;
``(II) the residence address of the
individual, partnership, corporation,
or institution of higher education and
State of incorporation if applicable;
``(III) a description of each type of
motor vehicle used during development
of highly automated vehicles, automated
driving systems, or components of
automated driving systems manufactured
by the individual, partnership,
corporation, or institution of higher
education; and
``(IV) proof of insurance for any
State in which the individual,
partnership, corporation, or
institution of higher education intends
to test or evaluate highly automated
vehicles; and
``(ii) if applicable, has identified an agent
for service of process in accordance with part
551 of title 49, Code of Federal
Regulations.''.
SEC. 8. INFORMATION ON HIGHLY AUTOMATED DRIVING SYSTEMS MADE AVAILABLE
TO PROSPECTIVE BUYERS.
(a) Research.--Not later than 3 years after the date of enactment of
this Act, the Secretary of Transportation shall complete research to
determine the most effective method and terminology for informing
consumers for each highly automated vehicle or a vehicle that performs
partial driving automation about the capabilities and limitations of
that vehicle. The Secretary shall determine whether such information is
based upon or includes the terminology as defined by SAE International
in Recommended Practice Report J3016 (published September 2016) or
whether such description should include alternative terminology.
(b) Rulemaking.--After the completion of the study required under
subsection (a), the Secretary shall initiate a rulemaking proceeding to
require manufacturers to inform consumers of the capabilities and
limitations of a vehicle's driving automation system or feature for any
highly automated vehicle or any vehicle that performs partial driving
automation.
SEC. 9. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of appropriations,
not later than 6 months after the date of enactment of this Act, the
Secretary of Transportation shall establish in the National Highway
Traffic Safety Administration a Highly Automated Vehicle Advisory
Council (hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a diverse group
representative of business, academia and independent researchers, State
and local authorities, safety and consumer advocates, engineers, labor
organizations, environmental experts, a representative of the National
Highway Traffic Safety Administration, and other members determined to
be appropriate by the Secretary. Any subcommittee of the Council shall
be composed of not less than 15 and not more than 30 members appointed
by the Secretary.
(c) Terms.--Members of the Council shall be appointed by the
Secretary of Transportation and shall serve for a term of three years.
(d) Vacancies.--Any vacancy occurring in the membership of the
Council shall be filled in the same manner as the original appointment
for the position being vacated. The vacancy shall not affect the power
of the remaining members to execute the duties of the Council.
(e) Duties and Subcommittees.--The Council may form subcommittees as
needed to undertake information gathering activities, develop technical
advice, and present best practices or recommendations to the Secretary
regarding--
(1) advancing mobility access for the disabled community with
respect to the deployment of automated driving systems to
identify impediments to their use and ensure an awareness of
the needs of the disabled community as these vehicles are being
designed for distribution in commerce;
(2) mobility access for senior citizens and populations
underserved by traditional public transportation services and
educational outreach efforts with respect to the testing and
distribution of highly automated vehicles in commerce;
(3) cybersecurity for the testing, deployment, and updating
of automated driving systems with respect to supply chain risk
management, interactions with Information Sharing and Analysis
Centers and Information Sharing and Analysis Organizations, and
a framework for identifying and implementing recalls of motor
vehicles or motor vehicle equipment;
(4) the development of a framework that allows manufacturers
of highly automated vehicles to share with each other and the
National Highway Traffic Safety Administration relevant,
situational information related to any testing or deployment
event on public streets resulting or that reasonably could have
resulted in damage to the vehicle or any occupant thereof and
validation of such vehicles in a manner that does not risk
public disclosure of such information or disclosure of
confidential business information;
(5) labor and employment issues that may be affected by the
deployment of highly automated vehicles;
(6) the environmental impacts of the deployment of highly
automated vehicles, and the development and deployment of
alternative fuel infrastructure alongside the development and
deployment of highly automated vehicles;
(7) protection of consumer privacy and security of
information collected by highly automated vehicles;
(8) cabin safety for highly automated vehicle passengers, and
how automated driving systems may impact collision vectors,
overall crashworthiness, and the use and placement of airbags,
seatbelts, anchor belts, head restraints, and other protective
features in the cabin;
(9) the testing and deployment of highly automated vehicles
and automated driving systems in areas that are rural, remote,
mountainous, insular, or unmapped to evaluate operational
limitations caused by natural geographical or man-made
features, or adverse weather conditions, and to enhance the
safety and reliability of highly automated vehicles and
automated driving systems used in such areas with such features
or conditions; and
(10) independent verification and validation procedures for
highly automated vehicles that may be useful to safeguard motor
vehicle safety.
(f) Report to Congress.--The recommendations of the Council shall
also be reported to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and operation
of the Council and any subcommittees of the Council shall conform to
the requirements of the Federal Advisory Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the Secretary
shall provide such technical assistance to the Council as the Secretary
determines to be necessary to carry out the Council's duties.
(i) Detail of Federal Employees.--On the request of the Council, the
Secretary may detail, with or without reimbursement, any of the
personnel of the Department of Transportation to the Council to assist
the Council in carrying out its duties. Any detail shall not interrupt
or otherwise affect the civil service status or privileges of the
Federal employee.
(j) Payment and Expenses.--Members of the Council shall serve without
pay, except travel and per diem will be paid each member for meetings
called by the Secretary.
(k) Termination.--The Council and any subcommittees of the Council
shall terminate 6 years after the date of enactment of this Act.
SEC. 10. REAR SEAT OCCUPANT ALERT SYSTEM.
(a) In General.--Chapter 301 of subtitle VI of title 49, United
States Code, is amended by inserting after section 30130 (as added by
section 5) the following new section:
``Sec. 30131. Rear seat occupant alert system
``(a) Rulemaking Required.--Not later than 2 years after the date of
enactment of this section, the Secretary shall issue a final rule
requiring all new passenger motor vehicles weighing less than 10,000
pounds gross vehicle weight to be equipped with an alarm system to
alert the operator to check rear designated seating positions after the
vehicle motor or engine is deactivated by the operator.
``(b) Phase-in.--The rule issued pursuant to subsection (a) shall
require full compliance with the rule beginning on September 1st of the
calendar year that begins 2 years after the date on which the final
rule is issued.
``(c) Definitions.--For purposes of this section--
``(1) the term `passenger motor vehicle' has the meaning
given that term in section 32101; and
``(2) the term `rear designated seating position' means any
designated seating position that is rearward of the front
seat.''.
(b) Clerical Amendment.--The analysis for chapter 301 of subtitle VI
of title 49, United States Code, is amended by inserting after the item
relating to section 30130 (as added by section 5) the following new
item:
``30131. Rear seat occupant alert system.''.
SEC. 11. HEADLAMPS.
(a) Safety Research Initiative.--Not later than 2 years after the
date of enactment of this Act, the Secretary of Transportation shall
complete research into the development of updated motor vehicle safety
standards or performance requirements for motor vehicle headlamps that
would improve the performance of headlamps and improve overall safety.
(b) Rulemaking or Report.--
(1) Rulemaking.--After the completion of the research
required by subsection (a), the Secretary shall initiate a
rulemaking proceeding to revise the motor vehicle safety
standards regarding headlamps if the Secretary determines that
a revision of the standards meets the requirements and
considerations set forth in subsections (a) and (b) of section
30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that a revision to
the standard described in paragraph (1) does not meet the
requirements and considerations set forth in such subsections,
the Secretary shall submit a report describing the reasons for
not revising the standard to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
SEC. 12. PRIVACY PLAN REQUIRED FOR HIGHLY AUTOMATED VEHICLES.
(a) Privacy Plan.--A manufacturer may not sell, offer for sale,
introduce or deliver for introduction in interstate commerce, or import
into the United States, any highly automated vehicle, vehicle that
performs partial driving automation, or automated driving system unless
the manufacturer has developed a privacy plan that includes the
following:
(1) A written privacy plan with respect to the collection,
use, sharing, and storage of information about vehicle owners
or occupants collected by a highly automated vehicle, vehicle
that performs partial driving automation, or automated driving
system. Such policy shall include the following:
(A) The practices of the manufacturer with respect to
the way that information about vehicle owners or
occupants is collected, used, shared, or stored.
(B) The practices of the manufacturer with respect to
the choices offered to vehicle owners or occupants
regarding the collection, use, sharing, and storage of
such information.
(C) The practices of the manufacturer with respect to
the data minimization, de-identification, and retention
of information about vehicle owners or occupants.
(D) The practices of the manufacturer with respect to
extending its privacy plan to the entities it shares
such information with.
(2) A method for providing notice to vehicle owners or
occupants about the privacy policy.
(3) If information about vehicle owners or occupants is
altered or combined so that the information can no longer
reasonably be linked to the highly automated vehicle, vehicle
that performs partial driving automation, or automated driving
system from which the information is retrieved, the vehicle
owner, or occupants, the manufacturer is not required to
include the process or practices regarding that information in
the privacy policy.
(4) If information about an occupant is anonymized or
encrypted the manufacturer is not required to include the
process or practices regarding that information in the privacy
policy.
(b) Study.--The Federal Trade Commission shall conduct a study and
submit a report to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the highly automated vehicle
marketplace, including an examination of the following issues:
(1) Which entities in the ecosystem have access to vehicle
owner or occupant data.
(2) Which entities in the highly automated vehicle
marketplace have privacy plans.
(3) What are the terms and disclosures made in such privacy
plans, including regarding the collection, use, sharing, and
storage of vehicle owner or occupant data.
(4) What disclosures are made to consumers about such privacy
plans.
(5) What methods are available to enable deletion of
information about vehicle owners or occupants from any data
storage system within the vehicle (other than a system that is
critical to the safety or operation of the vehicle) before the
vehicle is sold, leased, or rented, or otherwise occupied by a
new owner or occupant.
(c) Federal Trade Commission Enforcement.--A violation of subsection
(a) shall be treated as a an unfair or deceptive act or practice within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1)). 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 were incorporated into
and made a part of this Act.
(d) Effective Date.--This section shall take effect 180 days after
the date of enactment of this section and shall only apply to highly
automated vehicles, vehicles that perform partial driving automation,
or automated driving systems first introduced after the effective date
of this section.
SEC. 13. DEFINITIONS.
(a) Amendments to Title 49, United States Code.--Section 30102 of
title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11),
(12), (13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the entire
dynamic driving task on a sustained basis, regardless of
whether such system is limited to a specific operational design
domain.'';
(C) by inserting after paragraph (5) (as so
redesignated) the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via
acceleration and deceleration;
``(C) monitoring the driving environment via object
and event detection, recognition, classification, and
response preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting, signaling,
and gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an
automated driving system; and
``(B) does not include a commercial motor vehicle (as
defined in section 31101).'';
(D) by inserting after paragraph (13) (as so
redesignated) the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(E) by adding at the end the following:
``(18) `vehicle that performs partial driving automation'
does not include a commercial motor vehicle (as defined in
section 31101).''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in paragraph
(1), (6), or (14) of subsection (a) in Recommended Practice
Report J3016, it shall notify the Secretary of the revision.
The Secretary shall publish a notice in the Federal Register to
inform the public of the new definition unless, within 90 days
after receiving notice of the new definition and after opening
a period for public comment on the new definition, the
Secretary notifies SAE International (or its successor
organization) that the Secretary has determined that the new
definition does not meet the need for motor vehicle safety, or
is otherwise inconsistent with the purposes of this chapter. If
the Secretary so notifies SAE International (or its successor
organization), the existing definition in subsection (a) shall
remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition shall
apply for purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any such
conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14) of
subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles have
impacted motor vehicle safety such that the definitions need to
be updated to reflect such circumstances.''.
(b) Definitions in This Act.--As used in this Act--
(1) the term ``automated driving system'' has the meaning
given such term in subsection (a) of section 30102 of title 49,
United States Code, subject to any revisions made to the
definition of such term pursuant to subsection (c) of such
section;
(2) the term ``highly automated vehicle'' has the meaning
given such term in subsection (a) of section 30102 of title 49,
United States Code, not subject to any revision under
subsection (c) of such section; and
(3) the term ``vehicle that performs partial driving
automation'' has the meaning given such term in subsection (a)
of section 30102 of title 49, United States Code, not subject
to any revision under subsection (c) of such section.
Amend the title so as to read: ``A bill to amend title 49,
United States Code, regarding the authority of the National
Highway Traffic Safety Administration over highly automated
vehicles, to provide safety measures for such vehicles, and for
other purposes.''.
Amend the title so as to read:
A bill to amend title 49, United States Code, regarding the
authority of the National Highway Traffic Safety Administration
over highly automated vehicles, to provide safety measures for
such vehicles, and for other purposes.
Purpose and Summary
The Safely Ensuring Lives Future Deployment and Research in
Vehicle Evolution (SELF DRIVE) Act supports the testing,
development, and deployment of highly automated vehicles in the
United States. The SELF DRIVE Act encourages economic
development, jobs, and continued investment by incumbent
entities and new entrants developing lifesaving automotive
technology to address historic rising fatality rates on our
nation's highways.
The purpose of the SELF DRIVE Act is to uphold State and
local governments' authority regarding registration, licensing,
driving education and training, insurance, law enforcement,
crash investigations, safety and emissions inspections,
congestion management of vehicles on their streets, and traffic
laws and regulations as well as memorialize the Federal role in
ensuring the safety of highly automated vehicles.
Background and Need for Legislation
The National Highway Traffic Safety Administration (NHTSA)
is responsible for issuing safety standards to meet its mission
of saving lives, preventing injuries, and reducing economic
costs due to road traffic crashes. NHTSA accomplishes these
goals by issuing Federal motor vehicle safety standards,
pursuing enforcement actions, and requiring manufacturers to
recall vehicles that have safety-related defects or fail to
meet a safety standard. Manufacturers certify that their
vehicles meet all applicable standards after testing in
laboratories, on private or public automotive proving grounds,
test tracks, and on public roads.
There were 35,092 traffic fatalities and 2.44 million
people injured on U.S. roadways in 2015.\1\ Estimates for 2016
indicate the number of fatalities will increase by 6 percent,
which would be the first time in almost a decade that more than
40,000 people have died in traffic accidents in a single
year.\2\ Ninety-four percent of highway fatalities are
attributable to human error.\3\
---------------------------------------------------------------------------
\1\https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/
812318.
\2\Neil Boudette, ``U.S. Traffic Deaths Rise for a Second Straight
Year'' New York Times, Feb. 15, 2017, https://www.nytimes.com/2017/02/
15/business/highway-traffic-safety.html?_r=0.
\3\``U.S. Traffic Deaths Jump by 10.4 Percent in First Half of
2016.'' The Associated Press, Oct. 5, 2016, http://www.nbcnews.com/
news/us-news/u-s-traffic-deaths-jump-10-4-percent-first-half-n660241.
---------------------------------------------------------------------------
Self-driving vehicles and the technology underpinning such
vehicles have the potential to reduce significantly traffic
fatalities by removing the element of human error and improve
transportation mobility and accessibility for communities,
including the elderly and disabled. The legislation addresses
cybersecurity and privacy so manufacturers will continue to
consider these issues early in the development cycle. While the
commercial deployment of self-driving vehicles is years in the
future, the testing and development of such systems is
happening in the United States and abroad today.
Improving the exemption process at NHTSA to allow for the
agency to learn more about this technology as entities develop
and prove the safety of their systems and could help move the
agency forward in reviewing and updating existing safety
regulations. The safety assessment certification process in the
legislation could improve NHTSA's understanding of the
technology and cannot be used to delay the testing or
deployment of self-driving cars.
Twenty States have enacted laws regarding some aspect of
self-driving vehicles. Varying State and local laws regarding
the design, construction, or performance of these vehicles
could create barriers preventing these vehicles from traveling
across State borders, using the interstate highway system, or
impede investment in the future automotive technology,
including advanced or connected infrastructure, in the United
States.
For example, earlier this year North Carolina enacted a law
requiring the steering wheel, brakes, and other equipment used
to operate a vehicle be stowed away so that an occupant cannot
assume control while the vehicle is in self-driving mode.\4\
Under New York law, a driver is required to keep one hand on
the steering wheel at all times in all vehicles.\5\ One car
designed to comply with North Carolina's law cannot also comply
with New York law. As highlighted in testimony before the
Committee, manufacturers and other entities developing this
technology are closely watching State and Federal legislative
activity to make decisions about research and development
investments in the United States and in other countries.
---------------------------------------------------------------------------
\4\http://www.ncleg.net/Sessions/2017/Bills/House/PDF/H469v7.pdf.
\5\http://buffalonews.com/2017/07/31/new-york-takes-baby-steps-
toward-self-driving-vehicles/.
---------------------------------------------------------------------------
Throughout meetings and hearings related to the
legislation, Members and stakeholders brought forward
improvements to existing procedures at NHTSA that would support
the safe testing, development, and deployment of self-driving
vehicles in the United States. A number of these policy
improvements are included in the legislation. Several policy
additions are included in the legislation to address existing
safety issues and priority setting processes at NHTSA.
Committee Consideration
The Subcommittee on Digital Commerce and Consumer
Protection held a hearing entitled ``Self-Driving Vehicle
Legislation'' on fourteen bills, on June 23, 2017 (many of
these bills were consolidated into H.R. 3388, as amended by the
Committee). The Subcommittee received testimony from:
Mitch Bainwol, President and CEO, Alliance
of Automobile Manufacturers;
John Bozzella, President and CEO, Global
Automakers;
Tim Day, Senior Vice President, Chamber
Technology Engagement Center, U.S. Chamber of Commerce;
David L. Strickland, Counsel, Self-Driving
Coalition for Safer Streets and Partner, Venable LLP;
Alan Morrison, Lerner Family Associate Dean
for Public Interest and Public Service Law, The George
Washington University Law School; and,
Will Wallace, Policy Analyst, Consumers
Union.
On July 19, 2017, the Subcommittee on Digital Commerce and
Consumer Protection met in open markup session and forwarded a
discussion draft entitled ``a bill to amend title 49, United
States Code, to provide the National Highway Traffic Safety
Administration with authority over highly automated vehicles,
to provide safety measures for such vehicles, and for other
purposes'' to the full Committee by a voice vote. On July 27,
2017, the full Committee on Energy and Commerce met in open
markup session and ordered H.R. 3388, as amended, reported to
the House by a recorded vote 54 yeas and 0 nays.
Committee Votes
Clause 3(b) of rule XIII of the Rules of the House of
Representatives requires the Committee to list the record votes
on the motion to report legislation and amendments thereto. The
following reflects the record votes taken during the Committee
consideration:
Oversight Findings and Recommendations
Pursuant to clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee held a hearing and made
findings that are reflected in this report.
New Budget Authority, Entitlement Authority, and Tax Expenditures
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee finds that H.R.
3388 would result in no new or increased budget authority,
entitlement authority, or tax expenditures or revenues.
Congressional Budget Office Estimate
Pursuant to clause 3(c)(3) of rule XIII, the following is
the cost estimate provided by the Congressional Budget Office
pursuant to section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 1, 2017.
Hon. Greg Walden,
Chairman, Committee on Energy, and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3388, the SELF
DRIVE Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sarah Puro.
Sincerely,
Keith Hall, Director.
Enclosure.
H.R. 3388--SELF DRIVE Act
Summary: H.R. 3388 would clarify the federal role in
regulating vehicles that can drive without a person controlling
the vehicle. Those vehicles are defined in the bill as Highly
Automated Vehicles (HAVs). The bill would require the National
Highway Traffic Safety Administration (NHSTA) to complete
several rulemakings, establish an advisory council on HAVs, and
create a publicly available database about manufacturers that
receive exemptions from current law. The bill would require
vehicle manufacturers to comply with cybersecurity plans and
would make manufacturers that fail to comply subject to civil
penalties.
CBO estimates that implementing the legislation would cost
$10 million over the 2018-2022 period, assuming appropriation
of the necessary amounts.
Enacting H.R. 3388 would increase revenues from civil
penalties; therefore, pay-as-you-go procedures apply. However,
CBO estimates that those increases would total less than
$500,000 over the 2018-2027 period. Enacting the bill would not
affect direct spending.
CBO estimates that enacting H.R. 3388 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 3388 would impose an intergovernmental mandate, as
defined in the Unfunded Mandates Reform Act (UMRA), by
preempting the authority of state and local governments to
regulate the design, construction, and performance of HAVs,
unless such regulations are at least protective as federal
regulations. Although it would limit the application of state
and local regulations, the bill would impose no duty on state
or local governments that would result in additional spending
or a loss of revenues.
H.R. 3388 would impose private-sector mandates as defined
in UMRA on manufacturers of automobiles. Based on information
about motor vehicle sales in the United States and information
about current business practices from industry sources, CBO
estimates that the cost of complying with those mandates would
exceed the annual threshold established in UMRA ($156 million
in 2017, adjusted annually for inflation).
Estimated cost to the Federal Government: The estimated
budgetary effect of H.R. 3388 is shown in the following table.
The costs of this legislation fall within budget function 400
(transportation).
----------------------------------------------------------------------------------------------------------------
By fiscal year, in millions of dollars--
----------------------------------------------------------------
2017 2018 2019 2020 2021 2022 2017-2022
----------------------------------------------------------------------------------------------------------------
INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Estimated Authorization Level.................. 0 1 2 2 2 3 10
Estimated Outlays.............................. 0 1 2 2 2 3 10
----------------------------------------------------------------------------------------------------------------
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the beginning of fiscal year
2018, that the necessary amounts will be appropriated each
year, and that spending will follow historical patterns for
similar activities.
H.R. 3388 would require NHTSA to complete several
rulemakings regarding standards and testing of HAVs, establish
an advisory council on HAVs, and create a publicly available
database about manufacturers that receive exemptions from
current law.
Based on an analysis of information from NHTSA, CBO
estimates that the rulemakings would require the agency to hire
about 12 new people. CBO expects that about half of those
people would be hired in 2018 and the rest in 2019. Based on
the average wages and compensation for federal employees of
NHTSA, CBO estimates that each additional person would cost
about $175,000 per year. As a result, enacting the rulemaking
provisions would cost $9 million over the 2018-2022 period.
Under the bill, NHTSA also would have to create a database
of manufactures of HAVs that receive exemptions from current
safety standards that apply to motor vehicles and make that
information publically available. Based on information from the
agency, CBO estimates that implementing this provision would
cost about $1 million over the 2018-2022 period.
Pay-as-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. CBO estimates that enacting the bill would increase
revenues over the 2017-2027 period by less than $500,000.
Enacting the bill would not affect direct spending.
Increase in long-term direct spending and deficits: CBO
estimates that enacting H.R. 3388 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Estimated impact on state, local, and tribal governments:
H.R. 3388 would impose an intergovernmental mandate, as defined
in UMRA, by preempting the authority of state and local
governments to regulate the design, construction, and
performance of HAVs, unless such regulations are at least
protective as federal regulations. State and local governments
are not currently regulating these aspects of HAVs. Although
the bill would limit the application of state and local
regulations, it would impose no duty on state or local
governments that would result in additional spending or a loss
of revenues.
Estimated impact on the private sector: H.R. 3388 would
impose private-sector mandates as defined in UMRA on
manufacturers of automobiles. Specifically, the bill would
require manufacturers to:
Install an alarm system in all passenger
vehicles that would alert drivers to check the rear
seat of their vehicles after turning off the engine;
Submit certifications to NHTSA that describe
how safety issues are being addressed in HAVs;
Prepare cybersecurity and privacy plans for
HAVs; and
Inform customers about the capabilities and
limitations of HAVs in accordance with a future
rulemaking.
The bill also would require NHSTA to update or issue new
motor vehicle safety standards to address automated systems.
Those standards may facilitate the development of HAVs, but
also may require manufacturers of those vehicles to incur
additional costs.
Based on an analysis of data on vehicle sales from the
Bureau of Economic Analysis, CBO estimates that manufacturers
would need to install alarm systems in more than 10 million
motor vehicles annually. The cost of installing a system would
depend on the rule to be issued by the Secretary of
Transportation. Some vehicles currently contain systems that
may comply with the rule. However, because of the large number
of vehicles that would be affected by the mandate, CBO
estimates that the cost of the mandate would exceed $100
million annually. On the basis of information from industry
experts, CBO estimates that the cost of complying with the
mandates to prepare plans, submit safety assessment
certifications, and provide information to customers would
total tens of millions of dollars over the next five year
period.
The net cost of the mandates would equal the additional
costs incurred, offset by any savings associated with complying
with the bill's requirements. For example, some of the costs of
the mandate may be mitigated if the motor vehicle safety
standards for automated systems lower the cost of producing
such vehicles. However, CBO expects that most of those savings
would be realized a few years after manufacturers have begun to
incur the costs to install the rear-seat alarm system. In
aggregate, CBO estimates that the annual net cost of complying
with all of the mandates in the bill would exceed the threshold
established in UMRA for private-sector mandates ($156 million
in 2017, adjusted annually for inflation) in at least some of
the first five years the mandates are in effect.
Estimate prepared by: Federal costs: Sarah Puro; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
Private Sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Federal Mandates Statement
The Committee adopts as its own the estimate of Federal
mandates prepared by the Director of the Congressional Budget
Office pursuant to section 423 of the Unfunded Mandates Reform
Act.
Statement of General Performance Goals and Objectives
The goal of H.R. 3388 is to encourage the testing and
deployment of highly automated vehicles by memorializing the
State and Federal roles' to protect roadway and motor vehicle
safety.
Duplication of Federal Programs
Pursuant to clause 3(c)(5) of rule XIII, no provision of
H.R. 3388 establishes or reauthorizes a program of the Federal
Government known to be duplicative of another Federal program,
a program that was included in any report from the Government
Accountability Office to Congress pursuant to section 21 of
Public Law 111-139, or a program related to a program
identified in the most recent Catalog of Federal Domestic
Assistance.
Committee Cost Estimate
The Committee adopts as its own the cost estimate prepared
by the Director of the Congressional Budget Office pursuant to
section 402 of the Congressional Budget Act of 1974.
Earmark, Limited Tax Benefits, and Limited Tariff Benefits
In compliance with clause 9(e), 9(f), and 9(g) of rule XXI
of the Rules of the House of Representatives, the Committee
finds that H.R. 3388 contains no earmarks, limited tax
benefits, or limited tariff benefits.
Disclosure of Directed Rule Makings
Pursuant to section 3(i) of H. Res. 5, the Committee finds
that the following directed rule makings are contained in H.R.
3388:
1. Section 4 requires the Secretary of Transportation
to issue a final rule requiring the submission of
safety assessment certifications regarding how safety
is being addressed by each entity developing a highly
automated vehicle or automated driving system.
2. Section 10 requires the Secretary of
Transportation to issue a final rule requiring all new
passenger motor vehicles weighing less than 10,000
pounds gross vehicle weight to be equipped with an
alarm system to alert the operator to check rear
designated seating positions after the vehicle motor
engine is deactivated by the operator.
Advisory Committee Statement
H.R. 3388 establishes a Highly Automated Vehicle Advisory
Council. The functions of the Council are not being performed
by one or more agencies or by an advisory committee already in
existence, or by enlarging the mandate of an existing advisory
committee.
Applicability to Legislative Branch
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
Section-by-Section Analysis of the Legislation
Section 1. Short title; Table of contents
Section 1 provides that the Act may be cited as the
``Safely Ensuring Lives Future Deployment and Research In
Vehicle Evolution Act'' or the ``SELF DRIVE Act''. This section
includes the table of contents.
Section 2. Purpose
Section 2 states that the purpose of this Act is to
memorialize the Federal role in ensuring the safety of highly
automated vehicles as it relates to design, construction, and
performance, by encouraging the testing and deployment of such
vehicles.
Section 3. NHTSA authority and State preemption for autonomous motor
vehicles
Section 3 maintains the current roles and responsibilities
for States and localities regarding registration, licensing,
driving education and training, insurance, law enforcement,
crash investigations, safety and emissions inspections,
congestion management on streets, and traffic laws and
regulations. This section also maintains the Federal role in
ensuring the safety of the design, construction, or performance
of highly automated vehicles, automated driving systems, or
components of automated driving systems. States may impose
identical standards to those prescribed under chapter 301 of
title 49, U.S. Code.
Nothing in the section impacts a State or locality acting
in accordance with other Federal laws, preempts common law
claims, or impacts State motor vehicle franchise laws.
Section 4. Updated or new motor vehicle safety standards for highly
automated vehicles
Section 4 establishes a new subsection requiring the
Secretary of Transportation (Secretary) to complete a
rulemaking requiring the submission of a safety assessment
certification regarding how safety is being addressed by each
entity developing a highly automated vehicle or automated
driving system. The Secretary may not condition deployment or
testing of highly automated vehicles on review of safety
assessment certifications.
This section requires the Secretary to publish a rulemaking
and safety priority plan to ensure the safety and security of
highly automated vehicles and motor vehicles and others that
will share the roads with highly automated vehicles. The
Secretary must initiate the first rulemaking in such plan not
later than 18 months after the date of enactment.
Section 5. Cybersecurity of automated driving systems
Section 5 requires manufacturers to develop a cybersecurity
plan that includes certain elements before selling or
introducing into commerce highly automated vehicles, vehicles
that performs partial driving automation, or automated driving
systems.
Section 6. General exemptions
Section 6 amends section 30113 of title 49 of the U.S. Code
to add a new exemption category, increase the number of
exemptions the Secretary may grant, and increase the length of
time exemptions are valid. Additionally, this section adds a
limitation for certain exemptions, a reporting requirement for
manufacturers, directs the Secretary to publish the process and
analysis used for consideration of exemptions, and creates a
new exemption database.
This section amends section 30113(b) to include a new
exemption specific to highly automated vehicles and requires
manufacturers demonstrate in their application that there has
been no reduction in safety. This section amends section
30113(d) to increase the number of exemptions a manufacturer
may request and creates a phase-in process whereby a
manufacturer may seek 25,000 exemptions within the first 12-
month period and that number increases to 100,000 within the
fourth 12-month period. This section amends section 30113(e) by
increasing the length from 2 years to 4 years for which an
exemption is valid.
This section does not allow exemptions from crashworthiness
to be granted until the secretary issues the safety assessment
certification rule pursuant to Section 30129(a) and the safety
priority plan pursuant to section 30129(b) and one year has
passed from the date by which both have been issued. This
section adds a new reporting requirement for manufacturers
regarding all crashes of which the manufacturer has actual
knowledge involving vehicles exempted under section
30113(b)(3)(B)(ii), (iv), or (v). This section directs the
Secretary to publish in the Federal Register a notice that
details the process and analysis used for the consideration of
exemption or renewal applications under section
30113(b)(3)(B)(v). This section creates a publicly available
and searchable electronic database of each motor vehicle for
which an exemption has been granted.
Section 7. Motor vehicle testing or evaluation
Section 7 amends section 30112(b)(10) of title 49 of the
U.S. Code to include suppliers and manufacturers of highly
automated vehicles, automated driving systems, or components of
automated driving systems. This section requires manufacturers
of highly automated vehicles, automated driving systems and
components of automated driving systems to disclose identifying
information as well as proof of insurance for any State in
which the entity intends to test or evaluate.
Section 8. Information on highly automated driving systems made
available to prospective buyers
Section 8 requires the Secretary to complete research to
determine the most effective method and terminology for
informing consumers about the capabilities and limitations of
highly automated vehicles or vehicles that perform partial
driving automation and then initiate a rulemaking requiring
manufacturers to inform consumers about such capabilities and
limitations.
Section 9. Highly Automated Vehicle Advisory Council
Section 9 directs the Secretary to establish the ``Highly
Automated Vehicle Advisory Council'' within NHTSA. The Council
and any Subcommittees it may form shall undertake information
gathering activities, develop technical advice, and present
best practices and recommendations to the Secretary regarding
mobility access for the disabled community, senior citizens,
and populations underserved by traditional public
transportation service, independent verification and validation
procedures and cybersecurity for highly automated vehicles,
protection of consumer privacy and security, protection and
sharing of confidential business information, testing and
deployment in areas that are rural and mountainous, as well as
labor, employment, environmental and cabin safety issues. This
section also requires the Council to publish and submit to
Congress any recommendations made to the Secretary.
Section 10. Rear seat occupant alert system
Section 10 directs the Secretary to issue a final rule to
require all new passenger motor vehicles be equipped with an
alarm system to alert the vehicle operator to check a rear
seating position after the vehicle motor or engine is
deactivated.
Section 11. Headlamps
Section 11 directs the Secretary to research the
development of updated safety standards or performance
requirements for motor vehicle headlamps to enhance their
performance and improve overall safety.
Section 12. Privacy plan required for highly automated vehicles
Section 12 requires manufacturers to develop a written
privacy plan for highly automated vehicles, vehicles that
perform partial driving automation, or automated driving
systems. The Federal Trade Commission must submit a report to
Congress on its study of manufacturer privacy plans and
practices.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART A--GENERAL
* * * * * * *
CHAPTER 301--MOTOR VEHICLE SAFETY
SUBCHAPTER I--GENERAL
Sec.
30101. Purpose and policy.
* * * * * * *
SUBCHAPTER II--STANDARDS AND COMPLIANCE
* * * * * * *
30129. Updated or new motor vehicle safety standards for highly
automated vehicles.
30130. Cybersecurity of automated driving systems.
30131. Rear seat occupant alert system.
* * * * * * *
SUBCHAPTER I--GENERAL
* * * * * * *
Sec. 30102. Definitions
(a) General Definitions.--In this chapter--
(1) ``automated driving system'' means the hardware
and software that are collectively capable of
performing the entire dynamic driving task on a
sustained basis, regardless of whether such system is
limited to a specific operational design domain.
[(1)] (2) ``covered rental vehicle'' means a motor
vehicle that--
(A) has a gross vehicle weight rating of
10,000 pounds or less;
(B) is rented without a driver for an initial
term of less than 4 months; and
(C) is part of a motor vehicle fleet of 35 or
more motor vehicles that are used for rental
purposes by a rental company.
[(2)] (3) ``dealer'' means a person selling and
distributing new motor vehicles or motor vehicle
equipment primarily to purchasers that in good faith
purchase the vehicles or equipment other than for
resale.
[(3)] (4) ``defect'' includes any defect in
performance, construction, a component, or material of
a motor vehicle or motor vehicle equipment.
[(4)] (5) ``distributor'' means a person primarily
selling and distributing motor vehicles or motor
vehicle equipment for resale.
(6) ``dynamic driving task'' means all of the real
time operational and tactical functions required to
operate a vehicle in on-road traffic, excluding the
strategic functions such as trip scheduling and
selection of destinations and waypoints, and
including--
(A) lateral vehicle motion control via
steering;
(B) longitudinal vehicle motion control via
acceleration and deceleration;
(C) monitoring the driving environment via
object and event detection, recognition,
classification, and response preparation;
(D) object and event response execution;
(E) maneuver planning; and
(F) enhancing conspicuity via lighting,
signaling, and gesturing.
(7) ``highly automated vehicle''--
(A) means a motor vehicle equipped with an
automated driving system; and
(B) does not include a commercial motor
vehicle (as defined in section 31101).
[(5)] (8) ``interstate commerce'' means commerce
between a place in a State and a place in another State
or between places in the same State through another
State.
[(6)] (9) ``manufacturer'' means a person--
(A) manufacturing or assembling motor
vehicles or motor vehicle equipment; or
(B) importing motor vehicles or motor vehicle
equipment for resale.
[(7)] (10) ``motor vehicle'' means a vehicle driven
or drawn by mechanical power and manufactured primarily
for use on public streets, roads, and highways, but
does not include a vehicle operated only on a rail
line.
[(8)] (11) ``motor vehicle equipment'' means--
(A) any system, part, or component of a motor
vehicle as originally manufactured;
(B) any similar part or component
manufactured or sold for replacement or
improvement of a system, part, or component, or
as an accessory or addition to a motor vehicle;
or
(C) any device or an article or apparel,
including a motorcycle helmet and excluding
medicine or eyeglasses prescribed by a licensed
practitioner, that--
(i) is not a system, part, or
component of a motor vehicle; and
(ii) is manufactured, sold,
delivered, or offered to be sold for
use on public streets, roads, and
highways with the apparent purpose of
safeguarding users of motor vehicles
against risk of accident, injury, or
death.
[(9)] (12) ``motor vehicle safety'' means the
performance of a motor vehicle or motor vehicle
equipment in a way that protects the public against
unreasonable risk of accidents occurring because of the
design, construction, or performance of a motor
vehicle, and against unreasonable risk of death or
injury in an accident, and includes nonoperational
safety of a motor vehicle.
[(10)] (13) ``motor vehicle safety standard'' means a
minimum standard for motor vehicle or motor vehicle
equipment performance.
(14) ``operational design domain'' means the specific
conditions under which a given driving automation
system or feature thereof is designed to function.
[(11)] (15) ``rental company'' means a person who--
(A) is engaged in the business of renting
covered rental vehicles; and
(B) uses for rental purposes a motor vehicle
fleet of 35 or more covered rental vehicles, on
average, during the calendar year.
[(12)] (16) ``State'' means a State of the United
States, the District of Columbia, Puerto Rico, the
Northern Mariana Islands, Guam, American Samoa, and the
Virgin Islands.
[(13)] (17) ``United States district court'' means a
district court of the United States, a United States
court for Guam, the Virgin Islands, and American Samoa,
and the district court for the Northern Mariana
Islands.
(18) ``vehicle that performs partial driving
automation'' does not include a commercial motor
vehicle (as defined in section 31101).
(b) Limited Definitions.--(1) In sections 30117(b), 30118-
30121, and 30166(f) of this title--
(A) ``adequate repair'' does not include repair
resulting in substantially impaired operation of a
motor vehicle or motor vehicle equipment;
(B) ``first purchaser'' means the first purchaser of
a motor vehicle or motor vehicle equipment other than
for resale;
(C) ``original equipment'' means motor vehicle
equipment (including a tire) installed in or on a motor
vehicle at the time of delivery to the first purchaser;
(D) ``replacement equipment'' means motor vehicle
equipment (including a tire) that is not original
equipment;
(E) a brand name owner of a tire marketed under a
brand name not owned by the manufacturer of the tire is
deemed to be the manufacturer of the tire;
(F) a defect in original equipment, or noncompliance
of original equipment with a motor vehicle safety
standard prescribed under this chapter, is deemed to be
a defect or noncompliance of the motor vehicle in or on
which the equipment was installed at the time of
delivery to the first purchaser;
(G) a manufacturer of a motor vehicle in or on which
original equipment was installed when delivered to the
first purchaser is deemed to be the manufacturer of the
equipment; and
(H) a retreader of a tire is deemed to be the
manufacturer of the tire.
(2) The Secretary of Transportation may prescribe regulations
changing paragraph (1)(C), (D), (F), or (G) of this subsection.
(c) Revisions to Certain Definitions.--
(1) If SAE International (or its successor
organization) revises the definition of any of the
terms defined in paragraph (1), (6), or (14) of
subsection (a) in Recommended Practice Report J3016, it
shall notify the Secretary of the revision. The
Secretary shall publish a notice in the Federal
Register to inform the public of the new definition
unless, within 90 days after receiving notice of the
new definition and after opening a period for public
comment on the new definition, the Secretary notifies
SAE International (or its successor organization) that
the Secretary has determined that the new definition
does not meet the need for motor vehicle safety, or is
otherwise inconsistent with the purposes of this
chapter. If the Secretary so notifies SAE International
(or its successor organization), the existing
definition in subsection (a) shall remain in effect.
(2) If the Secretary does not reject a definition
revised by SAE International (or its successor
organization) as described in paragraph (1), the
Secretary shall promptly make any conforming amendments
to the regulations and standards of the Secretary that
are necessary. The revised definition shall apply for
purposes of this chapter. The requirements of section
553 of title 5 shall not apply to the making of any
such conforming amendments.
(3) Pursuant to section 553 of title 5, the Secretary
may update any of the definitions in paragraph (1),
(6), or (14) of subsection (a) if the Secretary
determines that materially changed circumstances
regarding highly automated vehicles have impacted motor
vehicle safety such that the definitions need to be
updated to reflect such circumstances.
Sec. 30103. Relationship to other laws
(a) Uniformity of Regulations.--The Secretary of
Transportation may not prescribe a safety regulation related to
a motor vehicle subject to subchapter I of chapter 135 of this
title that differs from a motor vehicle safety standard
prescribed under this chapter. However, the Secretary may
prescribe, for a motor vehicle operated by a carrier subject to
subchapter I of chapter 135, a safety regulation that imposes a
higher standard of performance after manufacture than that
required by an applicable standard in effect at the time of
manufacture.
[(b) Preemption.--(1) When a motor vehicle safety standard is
in effect under this chapter, a State or a political
subdivision of a State may prescribe or continue in effect a
standard applicable to the same aspect of performance of a
motor vehicle or motor vehicle equipment only if the standard
is identical to the standard prescribed under this chapter.
However, the United States Government, a State, or a political
subdivision of a State may prescribe a standard for a motor
vehicle or motor vehicle equipment obtained for its own use
that imposes a higher performance requirement than that
required by the otherwise applicable standard under this
chapter.
[(2) A State may enforce a standard that is identical to a
standard prescribed under this chapter.]
(b) Preemption.--
(1) Highly automated vehicles.--No State or political
subdivision of a State may maintain, enforce,
prescribe, or continue in effect any law or regulation
regarding the design, construction, or performance of
highly automated vehicles, automated driving systems,
or components of automated driving systems unless such
law or regulation is identical to a standard prescribed
under this chapter.
(2) Motor vehicle standard.--When a motor vehicle
safety standard is in effect under this chapter, a
State or political subdivision of a State may prescribe
or continue in effect a standard applicable to the same
aspect of performance of a motor vehicle or motor
vehicle equipment only if the standard is identical to
the standard prescribed under this chapter.
(3) Rules of construction.--
(A) In general.--Nothing in this subsection
may be construed to prohibit a State or a
political subdivision of a State from
maintaining, enforcing, prescribing, or
continuing in effect any law or regulation
regarding registration, licensing, driving
education and training, insurance, law
enforcement, crash investigations, safety and
emissions inspections, congestion management of
vehicles on the street within a State or
political subdivision of a State, or traffic
unless the law or regulation is an unreasonable
restriction on the design, construction, or
performance of highly automated vehicles,
automated driving systems, or components of
automated driving systems.
(B) Motor vehicle dealers.--Nothing in this
subsection may be construed to prohibit a State
or political subdivision of a State from
maintaining, enforcing, prescribing, or
continuing in effect any law or regulation
regarding the sale, distribution, repair, or
service of highly automated vehicles, automated
driving systems, or components of automated
driving systems by a dealer, manufacturer, or
distributor.
(C) Conformity with federal law.--Nothing in
this subsection shall be construed to preempt,
restrict, or limit a State or political
subdivision of a State from acting in
accordance with any other Federal law.
(4) Higher performance requirement.--However, the
United States Government, a State, or a political
subdivision of a State may prescribe a standard for a
motor vehicle, motor vehicle equipment, highly
automated vehicle, or automated driving system obtained
for its own use that imposes a higher performance
requirement than that required by the otherwise
applicable standard under this chapter.
(5) State enforcement.--A State may enforce a
standard that is identical to a standard prescribed
under this chapter.
(c) Antitrust Laws.--This chapter does not--
(1) exempt from the antitrust laws conduct that is
unlawful under those laws; or
(2) prohibit under the antitrust laws conduct that is
lawful under those laws.
(d) Warranty Obligations and Additional Legal Rights and
Remedies.--Sections 30117(b), 30118-30121, 30166(f), and
30167(a) and (b) of this title do not establish or affect a
warranty obligation under a law of the United States or a
State. A remedy under those sections and sections 30161 and
30162 of this title is in addition to other rights and remedies
under other laws of the United States or a State.
[(e) Common Law Liability.--Compliance with a motor vehicle
safety standard prescribed under this chapter does not exempt a
person from liability at common law.]
(e) Common Law Liability.--
(1) In general.--Compliance with a motor vehicle
safety standard prescribed under this chapter does not
exempt a person from liability at common law.
(2) Rule of construction.--Nothing in this section
shall be construed to preempt common law claims.
* * * * * * *
SUBCHAPTER II--STANDARDS AND COMPLIANCE
* * * * * * *
Sec. 30112. Prohibitions on manufacturing, selling, and importing
noncomplying motor vehicles and equipment
(a) General.--(1) Except as provided in this section,
sections 30113 and 30114 of this title, and subchapter III of
this chapter, a person may not manufacture for sale, sell,
offer for sale, introduce or deliver for introduction in
interstate commerce, or import into the United States, any
motor vehicle or motor vehicle equipment manufactured on or
after the date an applicable motor vehicle safety standard
prescribed under this chapter takes effect unless the vehicle
or equipment complies with the standard and is covered by a
certification issued under section 30115 of this title.
(2) Except as provided in this section, sections 30113 and
30114 of this title, and subchapter III of this chapter, a
school or school system may not purchase or lease a new 15-
passenger van if it will be used significantly by, or on behalf
of, the school or school system to transport preprimary,
primary, or secondary school students to or from school or an
event related to school, unless the 15-passenger van complies
with the motor vehicle standards prescribed for school buses
and multifunction school activity buses under this title. This
paragraph does not apply to the purchase or lease of a 15-
passenger van under a contract executed before the date of
enactment of this paragraph.
(3) Except as provided in this section, section 30114,
subsections (i) and (j) of section 30120, and subchapter III, a
person may not sell, offer for sale, introduce or deliver for
introduction in interstate commerce, or import into the United
States any motor vehicle or motor vehicle equipment if the
vehicle or equipment contains a defect related to motor vehicle
safety about which notice was given under section 30118(c) or
an order was issued under section 30118(b). Nothing in this
paragraph may be construed to prohibit the importation of a new
motor vehicle that receives a required recall remedy before
being sold to a consumer in the United States.
(b) Nonapplication.--This section does not apply to--
(1) the sale, offer for sale, or introduction or
delivery for introduction in interstate commerce of a
motor vehicle or motor vehicle equipment after the
first purchase of the vehicle or equipment in good
faith other than for resale;
(2) a person--
(A) establishing that the person had no
reason to know, despite exercising reasonable
care, that a motor vehicle or motor vehicle
equipment does not comply with applicable motor
vehicle safety standards prescribed under this
chapter;
(B) holding, without knowing about the
noncompliance and before the vehicle or
equipment is first purchased in good faith
other than for resale, a certificate issued by
a manufacturer or importer stating the vehicle
or equipment complies with applicable standards
prescribed under this chapter; or
(C) having no reason to know, despite
exercising reasonable care, that a motor
vehicle or motor vehicle equipment contains a
defect related to motor vehicle safety about
which notice was given under section 30118(c)
or an order was issued under section 30118(b);
(3) a motor vehicle or motor vehicle equipment
intended only for export, labeled for export on the
vehicle or equipment and on the outside of any
container of the vehicle or equipment, and exported;
(4) a motor vehicle the Secretary of Transportation
decides under section 30141 of this title is capable of
complying with applicable standards prescribed under
this chapter;
(5) a motor vehicle imported for personal use by an
individual who receives an exemption under section
30142 of this title;
(6) a motor vehicle under section 30143 of this title
imported by an individual employed outside the United
States;
(7) a motor vehicle under section 30144 of this title
imported on a temporary basis;
(8) a motor vehicle or item of motor vehicle
equipment under section 30145 of this title requiring
further manufacturing;
(9) a motor vehicle that is at least 25 years old; or
(10) the introduction of a motor vehicle in
interstate commerce solely for purposes of testing or
[evaluation by a manufacturer that agrees not to sell
or offer for sale] evaluation by--
(A) a manufacturer that agrees not to sell or
lease or offer for sale or lease the motor
vehicle at the conclusion of the testing or
evaluation and [that prior to the date of
enactment of this paragraph]--
[(A)] (i) has manufactured and
distributed [motor vehicles into the
United States that are certified] into
the United States motor vehicles that
are certified, or motor vehicle
equipment utilized in a motor vehicle
that is certified, to comply with all
applicable Federal motor vehicle safety
standards;
[(B)] (ii) has submitted to the
Secretary appropriate manufacturer
identification information under part
566 of title 49, Code of Federal
Regulations; and
[(C)] (iii) if applicable, has
identified an agent for service of
process in accordance with part 551 of
such title[.]; or
(B) a manufacturer of highly automated
vehicles, automated driving systems, or
components of automated driving systems that
agrees not to sell or lease or offer for sale
or lease the highly automated vehicles,
automated driving systems, or components of
automated driving systems at the conclusion of
the testing or evaluation and--
(i) has submitted to the Secretary--
(I) the name of the
individual, partnership,
corporation, or institution of
higher education and a point of
contact;
(II) the residence address of
the individual, partnership,
corporation, or institution of
higher education and State of
incorporation if applicable;
(III) a description of each
type of motor vehicle used
during development of highly
automated vehicles, automated
driving systems, or components
of automated driving systems
manufactured by the individual,
partnership, corporation, or
institution of higher
education; and
(IV) proof of insurance for
any State in which the
individual, partnership,
corporation, or institution of
higher education intends to
test or evaluate highly
automated vehicles; and
(ii) if applicable, has identified an
agent for service of process in
accordance with part 551 of title 49,
Code of Federal Regulations.
Sec. 30113. General exemptions
(a) Definition.--In this section, ``low-emission motor
vehicle'' means a motor vehicle meeting the standards for new
motor vehicles applicable to the vehicle under section 202 of
the Clean Air Act (42 U.S.C. 7521) when the vehicle is
manufactured and emitting an air pollutant in an amount
significantly below one of those standards.
(b) Authority To Exempt and Procedures.--(1) The Secretary of
Transportation may exempt, on a temporary basis, motor vehicles
from a motor vehicle safety standard prescribed under this
chapter or passenger motor vehicles from a bumper standard
prescribed under chapter 325 of this title, on terms the
Secretary considers appropriate. An exemption may be renewed. A
renewal may be granted only on reapplication and must conform
to the requirements of this subsection.
(2) The Secretary may begin a proceeding under this
subsection when a manufacturer applies for an exemption or a
renewal of an exemption. The Secretary shall publish notice of
the application and provide an opportunity to comment. An
application for an exemption or for a renewal of an exemption
shall be filed at a time and in the way, and contain
information, this section and the Secretary require.
(3) The Secretary may act under this subsection on finding
that--
(A) an exemption is consistent with the public
interest and this chapter or chapter 325 of this title
(as applicable); and
(B)(i) compliance with the standard would cause
substantial economic hardship to a manufacturer that
has tried to comply with the standard in good faith;
(ii) the exemption would make easier the development
or field evaluation of a new motor vehicle safety
feature providing a safety level at least equal to the
safety level of the standard;
(iii) the exemption would make the development or
field evaluation of a low-emission motor vehicle easier
and would not unreasonably lower the safety level of
that vehicle[; or];
(iv) compliance with the standard would prevent the
manufacturer from selling a motor vehicle with an
overall safety level at least equal to the overall
safety level of nonexempt vehicles[.]; or
(v) the exemption would make easier the development
or field evaluation of--
(I) a feature of a highly automated vehicle
providing a safety level at least equal to the
safety level of the standard for which
exemption is sought; or
(II) a highly automated vehicle providing an
overall safety level at least equal to the
overall safety level of nonexempt vehicles.
(c) Contents of Applications.--A manufacturer applying for an
exemption under subsection (b) of this section shall include
the following information in the application:
(1) if the application is made under subsection
(b)(3)(B)(i) of this section, a complete financial
statement describing the economic hardship and a
complete description of the manufacturer's good faith
effort to comply with each motor vehicle safety
standard prescribed under this chapter, or a bumper
standard prescribed under chapter 325 of this title,
from which the manufacturer is requesting an exemption.
(2) if the application is made under subsection
(b)(3)(B)(ii) of this section, a record of the
research, development, and testing establishing the
innovative nature of the safety feature and a detailed
analysis establishing that the safety level of the
feature at least equals the safety level of the
standard.
(3) if the application is made under subsection
(b)(3)(B)(iii) of this section, a record of the
research, development, and testing establishing that
the motor vehicle is a low-emission motor vehicle and
that the safety level of the vehicle is not lowered
unreasonably by exemption from the standard.
(4) if the application is made under subsection
(b)(3)(B)(iv) of this section, a detailed analysis
showing how the vehicle provides an overall safety
level at least equal to the overall safety level of
nonexempt vehicles.
(5) if the application is made under subsection
(b)(3)(B)(v) of this section--
(A) such development, testing, and other data
necessary to demonstrate that the motor vehicle
is a highly automated vehicle; and
(B) a detailed analysis that includes
supporting test data, including both on-road
and validation and testing data showing (as
applicable) that--
(i) the safety level of the feature
at least equals the safety level of the
standard for which exemption is sought;
or
(ii) the vehicle provides an overall
safety level at least equal to the
overall safety level of nonexempt
vehicles.
(d) Eligibility.--[A manufacturer is eligible for an
exemption under subsection (b)(3)(B)(i) of this section
(including an exemption under subsection (b)(3)(B)(i) relating
to a bumper standard referred to in subsection (b)(1)) only if
the Secretary determines that the manufacturer's total motor
vehicle production in the most recent year of production is not
more than 10,000. A manufacturer is eligible for an exemption
under subsection (b)(3)(B)(ii), (iii), or (iv) of this section
only if the Secretary determines the exemption is for not more
than 2,500 vehicles to be sold in the United States in any 12-
month period.]
(1) Eligibility under subsection (b)(3)(b)(i)._A
manufacturer is eligible for an exemption under
subsection (b)(3)(B)(i) of this section (including an
exemption under subsection (b)(3)(B)(i) relating to a
bumper standard referred to in subsection (b)(1)) only
if the Secretary determines that the manufacturer's
total motor vehicle production in the most recent year
of production is not more than 10,000.
(2) Eligibility under subsection (b)(3)(b)(iii)._A
manufacturer is eligible for an exemption under
subsection (b)(3)(B)(iii) of this section only if the
Secretary determines the exemption is for not more than
2,500 vehicles to be sold in the United States in any
12-month period.
(3) Eligibility under subsection (b)(3)(b)(ii), (iv),
or (v)._A manufacturer is eligible for an exemption
under subsection (b)(3)(B)(ii), (iv), or (v) of this
section only if the Secretary determines the exemption
is for not more than 100,000 vehicles per manufacturer
to be sold, leased, or otherwise introduced into
commerce in the United States in any 12-month period.
(4) Limitation on number of vehicles exempted._All
exemptions granted to a manufacturer under subsections
(b)(3)(B)(i) through (v) shall not exceed a total of
(i) 25,000 vehicles manufactured within the first 12-
month period, (ii) 50,000 vehicles manufactured within
the second 12-month period, (iii) 100,000 vehicles
manufactured within the third 12-month period, and,
(iv) 100,000 vehicles manufactured within the fourth
12-month period. Any renewals under subsections
(b)(3)(B)(i) through (v) shall not exceed a total of
100,000 vehicles manufactured within a 12-month period.
(e) Maximum Period.--[An exemption or renewal under
subsection (b)(3)(B)(i) of this section may be granted for not
more than 3 years. An exemption or renewal under subsection
(b)(3)(B)(ii), (iii), or (iv) of this section may be granted
for not more than 2 years.]
(1) Exemption under subsection (b)(3)(b)(i)._An
exemption or renewal under subsection (b)(3)(B)(i) of
this section may be granted for not more than 3 years.
(2) Exemption under subsection (b)(3)(b)(iii)._An
exemption or renewal under subsection (b)(3)(B)(iii)
this section may be granted for not more than 2 years.
(3) Exemption under subsection (b)(3)(b)(ii), (iv),
or (v)._An exemption or renewal under subsection
(b)(3)(B)(ii), (iv), or (v) of this section may be
granted for not more than 4 years.
(f) Disclosure.--The Secretary may make public, by the 10th
day after an application is filed, information contained in the
application or relevant to the application unless the
information concerns or is related to a trade secret or other
confidential information not relevant to the application.
(g) Notice of Decision.--The Secretary shall publish in the
Federal Register a notice of each decision granting an
exemption under this section and the reasons for granting it.
(h) Permanent Label Requirement.--The Secretary shall require
a permanent label to be fixed to a motor vehicle granted an
exemption under this section. The label shall either name or
describe each motor vehicle safety standard prescribed under
this chapter or bumper standard prescribed under chapter 325 of
this title from which the vehicle is exempt. The Secretary may
require that written notice of an exemption be delivered by
appropriate means to the dealer and the first purchaser of the
vehicle other than for resale.
(i) Limitation on Certain Exemptions.--No exemption from
crashworthiness standards of motor vehicle safety standards
shall be granted under subsection (b)(3)(B)(v) until the
Secretary issues the safety assessment certification rule
pursuant to section 30129(a) and the rulemaking and safety
priority plan pursuant to section 30129(b) and one year has
passed from the date by which the Secretary has issued both
such rule and such plan. This subsection shall not apply to
exemptions from occupant protection standards if the exemption
is for a vehicle that will not carry its operator or
passengers. This subsection shall not apply to exemptions from
crashworthiness standards if the exemption sought is for a
standard addressing the steering control system and it is for a
vehicle that--
(1) will not have a steering control system;
(2) provides impact protection to an occupant in the
front left seat at a level at least equal to the level
provided in nonexempt vehicles; and
(3) provides a safety level at least equal to the
safety level of the standard for which the exemption is
sought.
(j) Reporting Requirement.--A manufacturer granted an
exemption under subsection (b)(3)(B)(ii), (iv), or (v), shall
provide information about all crashes of which it has actual
knowledge involving such exempted vehicles, regardless of
whether a claim is submitted to the manufacturer, in accordance
with part 579 of title 49, Code of Federal Regulations.
(k) Process and Analysis.--
(1) In general.--Not later than 180 days after the
date of enactment of this subsection, the Secretary of
Transportation shall publish in the Federal Register a
notice that details the process and analysis used for
the consideration of exemption or renewal applications
under subsection (b)(3)(B)(v).
(2) Periodic review and updating.--The notice
required by paragraph (1) shall be reviewed every 5
years and updated if the Secretary considers it
necessary.
(l) Exemption Database.--
(1) In general.--The Secretary shall establish a
publicly available and searchable electronic database
of each motor vehicle for which an exemption from motor
vehicle safety standards prescribed under this chapter
or a bumper standard prescribed under chapter 325 has
been granted.
(2) Vehicle identification number.--The database
established under paragraph (1) shall be searchable by
Vehicle Identification Number and shall include no
information identifying the vehicle owner.
* * * * * * *
Sec. 30129. Updated or new motor vehicle safety standards for highly
automated vehicles
(a) Safety Assessment Certification.--
(1) Final rule.--Not later than 24 months after the
date of the enactment of this section, the Secretary of
Transportation shall issue a final rule requiring the
submission of safety assessment certifications
regarding how safety is being addressed by each entity
developing a highly automated vehicle or an automated
driving system. Such rule shall include--
(A) a specification of which entities are
required to submit such certifications;
(B) a clear description of the relevant test
results, data, and other contents required to
be submitted by such entity, in order to
demonstrate that such entity's vehicles are
likely to maintain safety, and function as
intended and contain fail safe features, to be
included in such certifications; and
(C) a specification of the circumstances
under which such certifications are required to
be updated or resubmitted.
(2) Interim requirement.--Until the final rule issued
under paragraph (1) takes effect, safety assessment
letters shall be submitted to the National Highway
Traffic Safety Administration as contemplated by the
Federal Automated Vehicles Policy issued in September
2016, or any successor guidance issued on highly
automated vehicles requiring a safety assessment
letter.
(3) Periodic review and updating.--Not later than 5
years after the date on which the final rule is issued
under paragraph (1), and not less frequently than every
5 years thereafter, the Secretary shall--
(A) review such rule; and
(B) update such rule if the Secretary
considers it necessary.
(4) Rules of construction.--
(A) No conditions on deployment.--Nothing in
this subsection may be construed to limit or
affect the Secretary's authority under any
other provision of law. The Secretary may not
condition deployment or testing of highly
automated vehicles on review of safety
assessment certifications.
(B) No new authorities.--No new authorities
are granted to the Secretary under this section
other than the promulgation of the rule
pursuant to paragraph (1).
(5) Review and research.--To accommodate the
development and deployment of highly automated vehicles
and to ensure the safety and security of highly
automated vehicles and motor vehicles and others that
will share the roads with highly automated vehicles,
not later than 180 days after the date of the enactment
of this section, the Secretary shall--
(A) initiate or continue a review of the
Federal motor vehicle safety standards in
effect on such date of enactment; and
(B) initiate or continue research regarding
new Federal motor vehicle safety standards.
(b) Rulemaking and Safety Priority Plan.--
(1) In general.--Not later than 1 year after the date
of enactment of this section, the Secretary shall make
available to the public and submit to the Committee on
Energy and Commerce of the House of Representatives and
the Committee on Commerce, Science, and Transportation
of the Senate a rulemaking and safety priority plan, as
necessary to accommodate the development and deployment
of highly automated vehicles and to ensure the safety
and security of highly automated vehicles and motor
vehicles and others that will share the roads with
highly automated vehicles, to--
(A) update the motor vehicle safety standards
in effect on such date of enactment;
(B) issue new motor vehicle safety standards;
and
(C) consider how objective ranges in
performance standards could be used to test
motor vehicle safety standards, which safety
standards would be appropriate for such
testing, and whether additional authority would
facilitate such testing.
(2) Inclusion of priorities.--
(A) Priorities.--The plan required by
paragraph (1) shall detail the overall
priorities of the National Highway Traffic
Safety Administration for the 5 years following
the issuance of the plan, including both
priorities with respect to highly automated
vehicles and priorities with respect to other
safety initiatives of the Administration, in
order to meet the Nation's motor vehicle safety
challenges.
(B) Identification of elements that may
require standards.--For highly automated
vehicles, the National Highway Traffic Safety
Administration should identify elements that
may require performance standards including
human machine interface, sensors, and
actuators, and consider process and procedure
standards for software and cybersecurity as
necessary.
(3) Periodic updating.--The plan required by
paragraph (1) shall be updated every 2 years, or more
frequently if the Secretary considers it necessary.
(4) Rulemaking proceedings on updated or new motor
vehicle safety standards.--
(A) In general.--Not later than 18 months
after the date of enactment of this section,
the Secretary shall initiate the first
rulemaking proceeding in accordance with the
rulemaking and safety priority plan required by
paragraph (1).
(B) Prioritization of subsequent
proceedings.--The Secretary shall continue
initiating rulemaking proceedings in accordance
with such plan. The Secretary may change at any
time those priorities to address matters the
Secretary considers of greater priority. If the
Secretary makes such a change, the Secretary
shall complete an interim update of the
priority plan, make such update available to
the public, and submit such update to the
Committee on Energy and Commerce of the House
of Representatives and the Committee on
Commerce, Science, and Transportation of the
Senate.
Sec. 30130. Cybersecurity of automated driving systems
(a) Cybersecurity Plan.--A manufacturer may not sell, offer
for sale, introduce or deliver for introduction into commerce,
or import into the United States, any highly automated vehicle,
vehicle that performs partial driving automation, or automated
driving system unless such manufacturer has developed a
cybersecurity plan that includes the following:
(1) A written cybersecurity policy with respect to
the practices of the manufacturer for detecting and
responding to cyber attacks, unauthorized intrusions,
and false and spurious messages or vehicle control
commands. This policy shall include--
(A) a process for identifying, assessing, and
mitigating reasonably foreseeable
vulnerabilities from cyber attacks or
unauthorized intrusions, including false and
spurious messages and malicious vehicle control
commands; and
(B) a process for taking preventive and
corrective action to mitigate against
vulnerabilities in a highly automated vehicle
or a vehicle that performs partial driving
automation, including incident response plans,
intrusion detection and prevention systems that
safeguard key controls, systems, and procedures
through testing or monitoring, and updates to
such process based on changed circumstances.
(2) The identification of an officer or other
individual of the manufacturer as the point of contact
with responsibility for the management of
cybersecurity.
(3) A process for limiting access to automated
driving systems.
(4) A process for employee training and supervision
for implementation and maintenance of the policies and
procedures required by this section, including controls
on employee access to automated driving systems.
(b) Effective Date.--This section shall take effect 180 days
after the date of enactment of this section.
Sec. 30131. Rear seat occupant alert system
(a) Rulemaking Required.--Not later than 2 years after the
date of enactment of this section, the Secretary shall issue a
final rule requiring all new passenger motor vehicles weighing
less than 10,000 pounds gross vehicle weight to be equipped
with an alarm system to alert the operator to check rear
designated seating positions after the vehicle motor or engine
is deactivated by the operator.
(b) Phase-in.--The rule issued pursuant to subsection (a)
shall require full compliance with the rule beginning on
September 1st of the calendar year that begins 2 years after
the date on which the final rule is issued.
(c) Definitions.--For purposes of this section--
(1) the term ``passenger motor vehicle'' has the
meaning given that term in section 32101; and
(2) the term ``rear designated seating position''
means any designated seating position that is rearward
of the front seat.
* * * * * * *
SUBCHAPTER IV--ENFORCEMENT AND ADMINISTRATIVE
* * * * * * *
Sec. 30165. Civil penalty
(a) Civil Penalties.--
(1) In general.--A person that violates any of
section 30112, 30115, 30117 through 30122, 30123(a),
30125(c), 30127, 30130, 30141 through 30147, or 31137,
or a regulation prescribed thereunder, is liable to the
United States Government for a civil penalty of not
more than $5,000 for each violation. A separate
violation occurs for each motor vehicle or item of
motor vehicle equipment and for each failure or refusal
to allow or perform an act required by any of those
sections. The maximum penalty under this subsection for
a related series of violations is $35,000,000.
(2) School buses.--
(A) In general.--Notwithstanding paragraph
(1), the maximum amount of a civil penalty
under this paragraph shall be $10,000 in the
case of--
(i) the manufacture, sale, offer for
sale, introduction or delivery for
introduction into interstate commerce,
or importation of a school bus or
school bus equipment (as those terms
are defined in section 30125(a) of this
title) in violation of section
30112(a)(1) of this title; or
(ii) a violation of section
30112(a)(2) of this title.
(B) Related series of violations.--A separate
violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure
or refusal to allow or perform an act required
by that section. The maximum penalty under this
paragraph for a related series of violations is
$15,000,000.
(3) Section 30166.--Except as provided in paragraph
(4), a person who violates section 30166 or a
regulation prescribed under that section is liable to
the United States Government for a civil penalty for
failing or refusing to allow or perform an act required
under that section or regulation. The maximum penalty
under this paragraph is $5,000 per violation per day.
The maximum penalty under this paragraph for a related
series of daily violations is $35,000,000.
(4) False or misleading reports.--A person who
knowingly and willfully submits materially false or
misleading information to the Secretary, after
certifying the same information as accurate under the
certification process established pursuant to section
30166(o), shall be subject to a civil penalty of not
more than $5,000 per day. The maximum penalty under
this paragraph for a related series of daily violations
is $1,000,000.
(b) Compromise and Setoff.--(1) The Secretary of
Transportation may compromise the amount of a civil penalty
imposed under this section.
(2) The Government may deduct the amount of a civil penalty
imposed or compromised under this section from amounts it owes
the person liable for the penalty.
(c) Relevant Factors in Determining Amount of Penalty or
Compromise.--In determining the amount of a civil penalty or
compromise under this section, the Secretary of Transportation
shall consider the nature, circumstances, extent, and gravity
of the violation. Such determination shall include, as
appropriate--
(1) the nature of the defect or noncompliance;
(2) knowledge by the person charged of its
obligations under this chapter;
(3) the severity of the risk of injury;
(4) the occurrence or absence of injury;
(5) the number of motor vehicles or items of motor
vehicle equipment distributed with the defect or
noncompliance;
(6) actions taken by the person charged to identify,
investigate, or mitigate the condition;
(7) the appropriateness of such penalty in relation
to the size of the business of the person charged,
including the potential for undue adverse economic
impacts;
(8) whether the person has been assessed civil
penalties under this section during the most recent 5
years; and
(9) other appropriate factors.
(d) Subpenas for Witnesses.--In a civil action brought under
this section, a subpena for a witness may be served in any
judicial district.
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