[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3388 Engrossed in House (EH)]

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115th CONGRESS
  1st Session
                                H. R. 3388

_______________________________________________________________________

                                 AN ACT


 
 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 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.

            Passed the House of Representatives September 6, 2017.

            Attest:

                                                                 Clerk.
115th CONGRESS

  1st Session

                               H. R. 3388

_______________________________________________________________________

                                 AN ACT

 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.