Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act or the SELF DRIVE Act
This bill establishes the federal role in ensuring the safety of highly automated vehicles by encouraging the testing and deployment of such vehicles. A highly automated vehicle is a motor vehicle, other than a commercial motor vehicle, that is equipped with an automated driving system capable of performing the entire dynamic driving task on a sustained basis.
The bill preempts states from enacting laws regarding the design, construction, or performance of highly automated vehicles or automated driving systems unless such laws enact standards identical to federal standards.
The Department of Transportation (DOT) must require safety assessment certifications for the development of a highly automated vehicle or an automated driving system.
Manufacturers of highly automated vehicles must develop written cybersecurity and privacy plans for such vehicles prior to offering them for sale.
The bill applies certain safety exemptions and testing standards to highly automated vehicles.
DOT must (1) inform prospective buyers of highly automated vehicles of the capabilities and limitations of such vehicles; (2) establish the Highly Automated Vehicle Advisory Council to, among other things, develop guidance regarding mobility access for the disabled, elderly, and underserved populations; (3) require all new passenger motor vehicles less than 10,000 pounds to be equipped with a rear seat occupant alert system; and (4) research updated safety standards for motor vehicle headlamps.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8350 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8350
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 23, 2020
Mr. Latta introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Education and Labor, and Transportation and Infrastructure, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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 clarify 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.'';
(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.''; and
(3) by adding at the end the following:
``(f) Licensing.--A State may not issue a motor vehicle operator's
license for the operation or use of a dedicated highly automated
vehicle in a manner that discriminates on the basis of disability (as
defined in section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)).''.
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;
``(vi) the exemption would promote transportation access
for individuals with disabilities (as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102))
and would provide--
``(I) a safety level at least equal to the safety
level of the standard for which the exemption is
sought; or
``(II) 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) or (vi)--
``(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) of 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 (including motor vehicle
manufacturers, mobility service providers, and motor vehicle dealers),
academia and independent researchers, State and local authorities,
safety and consumer advocates, disability organizations, 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 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), (4), (5), (6), (9), (10), (11), (12),
(13), (14), (16), (17), and (18), 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 before paragraph (3) (as so
redesignated) the following:
``(3) ``dedicated highly automated vehicle'' means a highly
automated vehicle designed to be operated exclusively by a
Level 4 or 5 automated driving system (as defined by the SAE
International standard J3016, published on September 30, 2016,
or subsequently adopted by the Secretary) for all trips.'';
(D) by inserting after paragraph (5) (as so
redesignated) the following:
``(7) `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; and
``(8) `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).'';
(E) by inserting after paragraph (13) (as so
redesignated) the following:
``(15) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(F) by adding at the end the following:
``(19) `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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Highways and Transit.
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