[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 1885 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 268
115th CONGRESS
  1st Session
                                S. 1885

                          [Report No. 115-187]

     To support the development of highly automated vehicle safety 
                 technologies, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2017

   Mr. Thune (for himself, Mr. Peters, Mr. Blunt, and Ms. Stabenow) 
introduced the following bill; which was read twice and referred to the 
           Committee on Commerce, Science, and Transportation

                           November 28, 2017

                Reported by Mr. Thune, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
     To support the development of highly automated vehicle safety 
                 technologies, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``American 
Vision for Safer Transportation through Advancement of Revolutionary 
Technologies Act'' or the ``AV START Act''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents of this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Definitions.
<DELETED>Sec. 3. Relationship to other laws.
<DELETED>Sec. 4. Expedited resolution of highly automated vehicles 
                            conflicts with standards.
<DELETED>Sec. 5. Highly automated vehicles testing.
<DELETED>Sec. 6. Highly automated vehicles exemptions.
<DELETED>Sec. 7. Inoperative controls.
<DELETED>Sec. 8. Levels of driving automation.
<DELETED>Sec. 9. Safety evaluation report.
<DELETED>Sec. 10. Highly Automated Vehicles Technical Safety Committee.
<DELETED>Sec. 11. Highly automated vehicles rulemaking.
<DELETED>Sec. 12. Consumer education.
<DELETED>Sec. 13. Traffic safety and law enforcement.
<DELETED>Sec. 14. Cybersecurity.
<DELETED>Sec. 15. Savings provision.

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    (a) In General.--In this Act:</DELETED>
        <DELETED>    (1) Automated driving system; dedicated highly 
        automated vehicle; highly automated vehicle; manufacturer; 
        motor vehicle; motor vehicle equipment.--The terms ``automated 
        driving system'', ``dedicated highly automated vehicle'', 
        ``highly automated vehicle'', ``manufacturer'', ``motor 
        vehicle'', and ``motor vehicle equipment'' have the meanings 
        given such terms in section 30102 of title 49, United States 
        Code, as amended by subsection (b).</DELETED>
        <DELETED>    (2) NHTSA.--The term ``NHTSA'' means the National 
        Highway Traffic Safety Administration.</DELETED>
        <DELETED>    (3) Secretary.--The term ``Secretary'' means the 
        Secretary of Transportation.</DELETED>
<DELETED>    (b) Motor Vehicle Safety Chapter.--Section 30102(a) of 
title 49, United States Code, is amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (5) through (13) 
        as paragraphs (8) through (16) respectively;</DELETED>
        <DELETED>    (2) by redesignating paragraphs (3) and (4) as 
        paragraphs (5) and (6), respectively;</DELETED>
        <DELETED>    (3) by redesignating paragraphs (1) and (2) as 
        paragraphs (2) and (3), respectively;</DELETED>
        <DELETED>    (4) by inserting before paragraph (2), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(1) Automated driving system.--In describing a 
        Level 3, 4, or 5 automated driving system (as defined by SAE 
        International standard J3016, published on September 30, 2016, 
        or subsequently adopted by the Secretary), the term `automated 
        driving system' means the hardware and software that is 
        collectively capable of performing the entire dynamic driving 
        task on a sustained basis, regardless of whether the system is 
        limited to a specific operational design domain.'';</DELETED>
        <DELETED>    (5) by inserting after paragraph (3), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(4) Dedicated highly automated vehicle.--The 
        term `dedicated highly automated vehicle' means a highly 
        automated vehicle designed to be operated exclusively (as 
        defined by the SAE International standard J3016, published on 
        September 30, 2016) 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.''; and</DELETED>
        <DELETED>    (6) by inserting after paragraph (6), as 
        redesignated, the following:</DELETED>
        <DELETED>    ``(7) Highly automated vehicle.--The term `highly 
        automated vehicle' means a motor vehicle with a gross vehicle 
        weight of 10,000 pounds or less that is equipped with a Level 
        3, 4, or 5 automated driving system (as defined by SAE 
        International standard J3016, published on September 30, 2016, 
        or subsequently adopted by the Secretary).''.</DELETED>

<DELETED>SEC. 3. RELATIONSHIP TO OTHER LAWS.</DELETED>

<DELETED>    (a) In General.--Section 30103 of title 49, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (b), to read as 
        follows:</DELETED>
<DELETED>    ``(b) Preemption.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Rules of construction.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) State enforcement.--A State may enforce a 
        standard that is identical to a standard prescribed under this 
        chapter.''; and</DELETED>
        <DELETED>    (2) in subsection (e), to read as 
        follows:</DELETED>
<DELETED>    ``(e) Common Law Liability.--</DELETED>
        <DELETED>    ``(1) In general.--Compliance with a motor vehicle 
        safety standard prescribed under this chapter does not exempt a 
        person from liability at common law.</DELETED>
        <DELETED>    ``(2) Rule of construction.--Nothing in this 
        section shall be construed to preempt common law 
        claims.''.</DELETED>
<DELETED>    (b) Licensing.--Notwithstanding section 30103 of title 49, 
United States Code, as amended by subsection (a), 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)).</DELETED>

<DELETED>SEC. 4. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED VEHICLES 
              CONFLICTS WITH STANDARDS.</DELETED>

<DELETED>    (a) Definitions.--In this section:</DELETED>
        <DELETED>    (1) Director.--The term ``Director'' means the 
        Director of the John A. Volpe National Transportation Systems 
        Center of the Department of Transportation.</DELETED>
        <DELETED>    (2) Dynamic driving task.--The term ``dynamic 
        driving task'' has the meaning given the term by SAE 
        International standard J3016, published on September 30, 
        2016.</DELETED>
        <DELETED>    (3) Safety standard.--The term ``safety standard'' 
        means a Federal motor vehicle safety standard prescribed under 
        chapter 301 of title 49, United States Code.</DELETED>
<DELETED>    (b) References to Human Drivers.--Not later than 180 days 
after the date of the enactment of this Act, the Director or other 
designated entity, after consultation with stakeholders, shall prepare 
and submit to the Secretary a report that identifies each provision, 
requirement, specification, or procedure in a safety standard with a 
reference to features of the equipment that--</DELETED>
        <DELETED>    (1) are necessary only for the performance of the 
        dynamic driving task by a human driver;</DELETED>
        <DELETED>    (2) specify a location or reference point within a 
        vehicle by reference to the position of a human driver; 
        or</DELETED>
        <DELETED>    (3) serve a purpose of providing information to, 
        or receiving input from, a human driver engaged in performing 
        the dynamic driving task.</DELETED>
<DELETED>    (c) Substitution of Conforming References to Automated 
Systems.--</DELETED>
        <DELETED>    (1) In general.--In each provision of the report 
        prepared under subsection (b) identifying the text of a 
        regulation from a safety standard, a test procedure, or a 
        method for determining compliance with a safety standard, the 
        Director or designated entity shall include--</DELETED>
                <DELETED>    (A) an alternative reference to an 
                automated system that is suitable for assessing, 
                through an objective test procedure, the compliance of 
                a dedicated highly automated vehicle, or of a highly 
                automated vehicle operating in automated mode, with the 
                safety standard; or</DELETED>
                <DELETED>    (B) a determination that--</DELETED>
                        <DELETED>    (i) the relevant regulatory text 
                        applies to features of the motor vehicle 
                        equipment that are only necessary for the 
                        performance of a dynamic driving task by a 
                        human driver; and</DELETED>
                        <DELETED>    (ii) no alternative reference to 
                        an automated system is practicable.</DELETED>
        <DELETED>    (2) Conditions.--In carrying out paragraph (1), 
        the Director or designated entity--</DELETED>
                <DELETED>    (A) shall ensure that all requirements 
                remain objective and practicable;</DELETED>
                <DELETED>    (B) may not modify the purpose of any 
                safety standard; and</DELETED>
                <DELETED>    (C) may specify different references for--
                </DELETED>
                        <DELETED>    (i) dedicated highly automated 
                        vehicles that are intended for human occupancy; 
                        and</DELETED>
                        <DELETED>    (ii) dedicated highly automated 
                        vehicles that are not designed, intended, or 
                        marketed for human occupancy.</DELETED>
<DELETED>    (d) Rulemaking.--</DELETED>
        <DELETED>    (1) Commencement.--Not later than 90 days after 
        the date on which the Director or designated entity submits the 
        report under subsection (b), the Secretary shall commence a 
        rulemaking proceeding to incorporate the report by reference 
        into the relevant safety standards, except as provided in 
        paragraph (3).</DELETED>
        <DELETED>    (2) Final rule.--Not later than 1 year after the 
        Director or other entity submits the report under subsection 
        (b), the Secretary shall issue a final rule to incorporate the 
        report by reference into the relevant safety standards, except 
        as provided in paragraph (3).</DELETED>
        <DELETED>    (3) Alternative text.--If the Secretary determines 
        that one or more of the revisions to a regulation contained in 
        the report submitted under subsection (b) is not objective, is 
        not practicable, or does not meet the need for motor vehicle 
        safety, the Secretary shall incorporate alternative regulatory 
        text.</DELETED>
        <DELETED>    (4) Incorporation by reference.--If the Secretary 
        does not complete the rulemaking proceeding under this 
        subsection within 1 year after the submission of the report 
        under subsection (b), the revisions to regulations contained in 
        such report shall be incorporated by reference into the 
        relevant safety standards.</DELETED>
<DELETED>    (e) Savings Provision.--Nothing in this section may be 
construed to prohibit the Secretary from maintaining different test 
procedures for highly automated vehicles that retain the capability to 
be operated by a human driver when such vehicles are not operating in 
an automated mode.</DELETED>

<DELETED>SEC. 5. HIGHLY AUTOMATED VEHICLES TESTING.</DELETED>

<DELETED>    Section 30112(b) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (9), by striking ``or'' at the 
        end;</DELETED>
        <DELETED>    (2) in paragraph (10)--</DELETED>
                <DELETED>    (A) in the matter preceding subparagraph 
                (A), by inserting ``(except for a highly automated 
                vehicle)'' after ``the introduction of a motor 
                vehicle''; and</DELETED>
                <DELETED>    (B) in subparagraph (C), by striking the 
                period at the end and inserting ``; or''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
        <DELETED>    ``(11) the introduction of a motor vehicle into 
        interstate commerce solely for the purposes of testing, 
        evaluation, or demonstration of a highly automated vehicle or 
        automated driving system if--</DELETED>
                <DELETED>    ``(A) the testing, evaluation, or 
                demonstration of the vehicle is only conducted by 
                employees, agents, or fleet management contractors of 
                the manufacturer of the highly automated vehicle, the 
                automated driving system, or any component 
                thereof;</DELETED>
                <DELETED>    ``(B) such manufacturer agrees not to 
                sell, lease, or offer for sale or lease, the vehicle or 
                system at the conclusion of the testing, evaluation, or 
                demonstration; and</DELETED>
                <DELETED>    ``(C) such manufacturer has submitted 
                appropriate manufacturer identification information 
                that is similar to information submitted by 
                manufacturers subject to a Federal motor vehicle safety 
                standard under part 566 of title 49, Code of Federal 
                Regulations, before the commencement of such testing or 
                evaluation.''.</DELETED>

<DELETED>SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS.</DELETED>

<DELETED>    (a) In General.--Section 30113 of title 49, United States 
Code, is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``this section,'' and 
                inserting the following: ``this section--</DELETED>
        <DELETED>    ``(1) the term'';</DELETED>
                <DELETED>    (B) by striking the period at the end and 
                inserting ``; and''; and</DELETED>
                <DELETED>    (C) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) the term `new motor vehicle safety feature' 
        includes any feature that enables a highly automated vehicle or 
        an automated driving system, regardless of whether an exemption 
        has already been granted for a similar feature on another model 
        or models.'';</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by amending paragraph (2) to read as 
                follows:</DELETED>
<DELETED>    ``(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 such information, this section and the Secretary require. 
The Secretary shall grant or deny an exemption for a highly automated 
vehicle not later than 180 days after receiving an application for such 
exemption from a manufacturer.''; and</DELETED>
                <DELETED>    (B) in paragraph (3)(B)(iv), by inserting 
                ``or introducing or delivering into interstate 
                commerce'' after ``selling'';</DELETED>
        <DELETED>    (3) in subsection (d)--</DELETED>
                <DELETED>    (A) by inserting ``(1)'' after 
                ``Eligibility.--''; and</DELETED>
                <DELETED>    (B) by striking the second sentence and 
                inserting the following:</DELETED>
        <DELETED>    ``(2) A manufacturer is eligible for an exemption 
        under clause (ii), (iii), or (iv) of subsection (b)(3)(B) only 
        if the Secretary determines that--</DELETED>
                <DELETED>    ``(A) the exemption is for not more than 
                2,500 vehicles to be sold in the United States in any 
                12-month period; or</DELETED>
                <DELETED>    ``(B) the vehicle is a highly automated 
                vehicle; and</DELETED>
                        <DELETED>    ``(i) during the 12-month period 
                        beginning on the date of the enactment of the 
                        AV START Act, the exemption is for not more 
                        than 50,000 vehicles to be sold or introduced 
                        into interstate commerce in the United 
                        States;</DELETED>
                        <DELETED>    ``(ii) during the 12-month period 
                        immediately following the period described in 
                        clause (i), the exemption is for not more than 
                        75,000 vehicles to be sold or introduced into 
                        interstate commerce in the United States; 
                        and</DELETED>
                        <DELETED>    ``(iii) during any 12-month period 
                        following the period described in clause (ii), 
                        the exemption is for not more than 100,000 
                        vehicles to be sold or introduced into 
                        interstate commerce in the United 
                        States.</DELETED>
                <DELETED>    ``(C) A manufacturer of a highly automated 
                vehicle may petition the Secretary to expand the 
                exemption under paragraph (2)(B) to more than 100,000 
                vehicles in any 12-month period after the exemption has 
                been in place for 5 years.''; and</DELETED>
        <DELETED>    (4) in subsection (e), by inserting ``, unless the 
        vehicle is a highly automated vehicle'' before the period at 
        the end.</DELETED>
<DELETED>    (b) Sunset.--A manufacturer's eligibility for an exemption 
from a provision, clause, sentence, or paragraph in a motor vehicle 
safety standard under section 30113(d)(2)(B) of title 49, United States 
Code, as amended by subsection (a), shall end on the date on which a 
standard (except for a standard promulgated under section 4 of this 
Act) that amends the provision, clause, sentence, or paragraph from 
which an exemption is sought takes effect, with due consideration for 
any lead time specified for compliance.</DELETED>

<DELETED>SEC. 7. INOPERATIVE CONTROLS.</DELETED>

<DELETED>    Section 30122(b) of title 49, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' before ``A 
        manufacturer''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(2) The prohibition under paragraph (1) shall not apply 
to a manufacturer that intentionally allows a device or element of 
design installed on or in a motor vehicle or item of equipment in 
compliance with an applicable motor vehicle safety standard to be 
temporarily disabled during the time that an automated driving system 
is performing the entire dynamic driving task.''.</DELETED>

<DELETED>SEC. 8. LEVELS OF DRIVING AUTOMATION.</DELETED>

<DELETED>    (a) Use of SAE International's Taxonomy and Definitions.--
The Secretary shall use the taxonomy and definitions for automated 
driving systems set forth in SAE International standard J3016, 
published on September 30, 2016, for the various levels of automation 
for motor vehicles.</DELETED>
<DELETED>    (b) Review.--</DELETED>
        <DELETED>    (1) In general.--The Secretary--</DELETED>
                <DELETED>    (A) shall review the taxonomy and 
                definitions for automated driving systems set forth by 
                SAE International to ensure that such taxonomy and 
                definitions are clear and objective; and</DELETED>
                <DELETED>    (B) may provide feedback to SAE 
                International for potential updates.</DELETED>
        <DELETED>    (2) Use of revised standard.--</DELETED>
                <DELETED>    (A) Determination.--Not later than 120 
                days after SAE International revises the standard 
                referred to in subsection (a), the Secretary, after 
                publishing notice of the revision in the Federal 
                Register, shall determine whether to adopt the revised 
                standard to identify the various levels of automation 
                for motor vehicles.</DELETED>
                <DELETED>    (B) Effect of decision not to adopt the 
                revised standard.--If the Secretary decides not to 
                adopt the revised standard--</DELETED>
                        <DELETED>    (i) the Secretary shall notify SAE 
                        International of the Secretary's decision; 
                        and</DELETED>
                        <DELETED>    (ii) the definitions referred to 
                        in subsection (a) shall remain in 
                        effect.</DELETED>

<DELETED>SEC. 9. SAFETY EVALUATION REPORT.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 301 of title 49, 
United States Code, is amended by adding at the end the 
following:</DELETED>
<DELETED>``Sec. 30107. Highly automated vehicles safety evaluation 
              report</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Requirement.--Each manufacturer introducing 
        a new highly automated vehicle or automated driving system into 
        interstate commerce shall provide a safety evaluation report, 
        in accordance with this section, that describes how the 
        manufacturer is addressing the safety of such vehicle or 
        system.</DELETED>
        <DELETED>    ``(2) Submission.--Each manufacturer described in 
        paragraph (1) shall--</DELETED>
                <DELETED>    ``(A) submit a report to the Secretary--
                </DELETED>
                        <DELETED>    ``(i) upon testing a highly 
                        automated vehicle or automated driving system; 
                        and</DELETED>
                        <DELETED>    ``(ii) not later than 90 days 
                        before selling, offering for sale, or otherwise 
                        commercializing a highly automated vehicle or 
                        automated driving system; and</DELETED>
                <DELETED>    ``(B) annually submit, until the vehicle 
                or system is no longer being sold, offered for sale, or 
                otherwise introduced into interstate commerce by the 
                manufacturer or until the system is no longer being 
                incorporated into new motor vehicles by the 
                manufacturer, an updated report to the Secretary that--
                </DELETED>
                        <DELETED>    ``(i) may disclose that no 
                        significant changes were made to the vehicle or 
                        system; and</DELETED>
                        <DELETED>    ``(ii) shall provide aggregate 
                        results of any significant safety deviation 
                        from expected performance disclosed in the 
                        previous report.</DELETED>
        <DELETED>    ``(3) Review.--The Secretary--</DELETED>
                <DELETED>    ``(A) shall review each report submitted 
                under paragraph (2); and</DELETED>
                <DELETED>    ``(B) may require that the manufacturer 
                submit additional or clarifying information.</DELETED>
        <DELETED>    ``(4) Limitation.--The Secretary may not condition 
        the manufacture, testing, sale, offer for sale, or introduction 
        into interstate commerce of a highly automated vehicle or 
        automated driving system based on a review of a safety 
        evaluation report or additional information submitted under 
        this section.</DELETED>
<DELETED>    ``(b) Safety Evaluation Report Subject Areas.--Each report 
submitted by a manufacturer under subsection (a) shall describe how the 
manufacturer is addressing, through a documented assessment, testing, 
and validation process, each of the subject areas described in 
paragraphs (1) through (9).</DELETED>
        <DELETED>    ``(1) System safety.--The avoidance of 
        unreasonable risks to safety, including--</DELETED>
                <DELETED>    ``(A) assurance that systems, including 
                hardware and software, perform intended 
                functions;</DELETED>
                <DELETED>    ``(B) the mitigation of unreasonable risks 
                to safety caused by a malfunction of the automated 
                driving system; and</DELETED>
                <DELETED>    ``(C) sense of objects, motorcyclists, 
                bicyclists, pedestrians, and animals in or crossing the 
                path of travel through the automated driving 
                system.</DELETED>
        <DELETED>    ``(2) Data recording.--The collection by the 
        vehicle of automated driving system performance information and 
        incident and crash data--</DELETED>
                <DELETED>    ``(A) to record the occurrence of 
                malfunctions, disengagements, degradations, or 
                failures;</DELETED>
                <DELETED>    ``(B) to aid in the analysis of the cause 
                of any issues described in subparagraph (A);</DELETED>
                <DELETED>    ``(C) to enable efforts to work with other 
                entities to address data recording and sharing; 
                and</DELETED>
                <DELETED>    ``(D) with respect to event data recorder 
                information, that complies with the collection and 
                sharing requirements under the FAST Act (Public Law 
                114-94).</DELETED>
        <DELETED>    ``(3) Cybersecurity.--The minimization of 
        cybersecurity risks to safety and the exchange of information 
        about any vulnerabilities discovered from field incidents, 
        internal testing, or external security research.</DELETED>
        <DELETED>    ``(4) Human-machine interface.--</DELETED>
                <DELETED>    ``(A) The methods of informing the human 
                driver or operator about whether the automated driving 
                system is functioning properly.</DELETED>
                <DELETED>    ``(B) For a Level 3 vehicle, the methods 
                to address driver reengagement.</DELETED>
                <DELETED>    ``(C) The use of a human-machine interface 
                by people with disabilities through visual, auditory, 
                or haptic displays, or other methods.</DELETED>
        <DELETED>    ``(5) Crashworthiness.--Practicable protection for 
        all occupants given any planned seating positions or interior 
        configurations.</DELETED>
        <DELETED>    ``(6) Capabilities.--The capabilities and 
        limitations of the highly automated vehicle or automated 
        driving system.</DELETED>
        <DELETED>    ``(7) Post-crash behavior.--The post-crash 
        behavior of the highly automated vehicle or automated driving 
        system if sensors or critical systems are damaged in a 
        crash.</DELETED>
        <DELETED>    ``(8) Account for applicable laws.--The account of 
        applicable traffic laws and rules of the road, based on 
        operational design domain, in the development of a highly 
        automated vehicle or automated driving system.</DELETED>
        <DELETED>    ``(9) Automation function.--</DELETED>
                <DELETED>    ``(A) The expected operational design 
                domain in which the highly automated vehicle or 
                automated driving system is designed to operate, 
                including any roadway and infrastructure assets 
                required for the operation of the highly automated 
                vehicle or automated driving system, such as roadside 
                equipment, pavement markings, signage, and traffic 
                signals, and how it will respond if that operational 
                design domain unexpectedly changes.</DELETED>
                <DELETED>    ``(B) The automated driving system's 
                expected object and event detection and response 
                capabilities, including behavioral competencies and 
                crash avoidance capability.</DELETED>
                <DELETED>    ``(C) The ability of the highly automated 
                vehicle or automated driving system to transition to a 
                minimal risk condition when a malfunction is 
                encountered.</DELETED>
                <DELETED>    ``(D) The performance of the vehicle 
                through the manufacturer's development and 
                implementation of tests, including simulation, test 
                track, and on-road testing.</DELETED>
<DELETED>    ``(c) Certification of Inapplicable Categories.--A 
manufacturer that is solely testing a vehicle or system may certify 
that one or more of the categories set forth in subsection (b) do not 
apply.</DELETED>
<DELETED>    ``(d) Publicly Available.--The Secretary shall make any 
report submitted by a manufacturer under this section publicly 
available as soon as practicable, except the Secretary may not make 
publicly available any information relating to a trade secret or 
confidential business information, or which is privileged. The 
manufacturer may submit information related to a trade secret or 
confidential business information separately from the report.</DELETED>
<DELETED>    ``(e) Official Signature.--Each report submitted by an 
entity under this section shall be reviewed by a senior official of the 
entity who--</DELETED>
        <DELETED>    ``(1) is knowledgeable about the information 
        contained in the report; and</DELETED>
        <DELETED>    ``(2) shall certify that, based on the official's 
        knowledge, the report does not contain any untrue statement of 
        a material fact.</DELETED>
<DELETED>    ``(f) Termination of Obligation To Disclose Information.--
</DELETED>
        <DELETED>    ``(1) In general.--A manufacturer's obligation to 
        provide information on a specific category under subsection (b) 
        shall end on the effective date of a motor vehicle safety 
        standard applicable to the same aspect of vehicle or system 
        performance as is covered by the category, with due 
        consideration for any lead time specified for 
        compliance.</DELETED>
        <DELETED>    ``(2) Effect of new standard.--In adopting any 
        standard applicable to highly automated vehicle performance, 
        the Secretary shall--</DELETED>
                <DELETED>    ``(A) identify the category under 
                subsection (b) to which the standard relates, if any; 
                and</DELETED>
                <DELETED>    ``(B) specify what information is no 
                longer required to be included in the report as a 
                result of the new standard.</DELETED>
<DELETED>    ``(g) Rule of Construction.--</DELETED>
        <DELETED>    ``(1) Submissions.--A manufacturer may submit a 
        safety evaluation report for vehicles introduced into 
        interstate commerce before the date of the enactment of the AV 
        START Act.</DELETED>
        <DELETED>    ``(2) Savings provisions.--Nothing in this section 
        may be construed to amend, limit the authority, or prohibit the 
        use of the information included in the report under chapter 301 
        of title 49, United States Code.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30106 the following:</DELETED>

<DELETED>``30107. Highly automated vehicles safety evaluation 
                            report.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 90 days after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 10. HIGHLY AUTOMATED VEHICLES TECHNICAL 
              COMMITTEE.</DELETED>

<DELETED>    (a) Establishment.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall establish a Highly 
Automated Vehicles Technical Committee (referred to in this section as 
the ``Committee'') to provide a forum for stakeholders to discuss, 
prioritize, and make technical recommendations for highly automated 
vehicle and automated driving system safety.</DELETED>
<DELETED>    (b) Membership.--</DELETED>
        <DELETED>    (1) Voting members.--The Secretary--</DELETED>
                <DELETED>    (A) shall appoint 15 voting members to the 
                Committee who--</DELETED>
                        <DELETED>    (i) are specially qualified to 
                        serve on the Committee because of their 
                        technical knowledge of automated driving 
                        systems, vehicle-to-vehicle infrastructure 
                        systems, or the impact of such systems on 
                        Federal motor vehicle safety standards; 
                        and</DELETED>
                        <DELETED>    (ii) shall include representatives 
                        of SAE International, automated vehicle proving 
                        grounds designated by the Department of 
                        Transportation, highly automated vehicle and 
                        automated driving system manufacturers, safety 
                        organizations, State and local government 
                        agencies, and other organizations directly or 
                        indirectly impacted by NHTSA regulations; 
                        and</DELETED>
                <DELETED>    (B) may appoint new members to the 
                Committee at any time.</DELETED>
        <DELETED>    (2) Compensation.--Members of the Committee shall 
        serve without compensation.</DELETED>
        <DELETED>    (3) Chairperson.--The Secretary, or the 
        Secretary's designee, shall act as Chairperson of the 
        Committee, but will not have voting rights, except to break a 
        tie.</DELETED>
<DELETED>    (c) Duties.--</DELETED>
        <DELETED>    (1) Recommendations.--The Committee shall provide 
        consensus-based recommendations to the Secretary on rulemaking, 
        policy, and guidance regarding highly automated vehicle safety, 
        including--</DELETED>
                <DELETED>    (A) the identification and creation of 
                performance standards; and</DELETED>
                <DELETED>    (B) the harmonization of national highly 
                automated vehicle safety standards with international 
                standards.</DELETED>
        <DELETED>    (2) Scope.--The Committee shall study issues 
        relating to highly automated vehicles, including--</DELETED>
                <DELETED>    (A) system safety;</DELETED>
                <DELETED>    (B) automated steering and 
                braking;</DELETED>
                <DELETED>    (C) crashworthiness for vehicles with 
                unconventional seating positions or vehicles not 
                intended for human occupancy;</DELETED>
                <DELETED>    (D) event data recording and data access 
                and sharing;</DELETED>
                <DELETED>    (E) accessibility for people with 
                physical, sensory, or other disabilities, including for 
                those who rely on mobility devices;</DELETED>
                <DELETED>    (F) potential conflicts with existing 
                Federal motor vehicle safety standards; and</DELETED>
                <DELETED>    (G) any other issue the Secretary 
                considers appropriate.</DELETED>
        <DELETED>    (3) Support.--The NHTSA Office of Rulemaking and 
        the NHTSA Office of Vehicle Safety Research shall provide 
        support services to the Committee.</DELETED>
        <DELETED>    (4) Meetings.--The Committee shall meet not less 
        frequently than 4 times per year. Committee meetings shall be 
        open to the public, except in circumstances in which a meeting 
        is likely to discuss--</DELETED>
                <DELETED>    (A) internal personnel rules and practices 
                of the NHTSA;</DELETED>
                <DELETED>    (B) matters specifically exempted from 
                disclosure by statute;</DELETED>
                <DELETED>    (C) trade secrets or confidential or 
                privileged business information;</DELETED>
                <DELETED>    (D) matters involving criminal accusation 
                or official censure;</DELETED>
                <DELETED>    (E) information of a personal nature that, 
                if disclosed, would constitute an unwarranted invasion 
                of personal privacy; or</DELETED>
                <DELETED>    (F) investigatory records that might 
                interfere with enforcement proceedings.</DELETED>
        <DELETED>    (5) Working groups.--</DELETED>
                <DELETED>    (A) In general.--The Committee may 
                establish temporary working groups, as necessary, to 
                address specific issues. Each working group shall 
                include at least 1 member who represents a manufacturer 
                of highly automated vehicles or automated driving 
                systems and other individuals who are subject matter 
                experts on the issue before the working 
                group.</DELETED>
                <DELETED>    (B) Disability access.--The Committee 
                shall establish a working group to develop voluntary 
                best practices regarding highly automated vehicle 
                accessibility for people with physical, sensory, or 
                other disabilities, including for those who rely on 
                mobility devices. Such best practices shall address the 
                physical accessibility of highly automated vehicles and 
                human-machine interface accessibility through visual, 
                auditory, or haptic displays or other methods. The 
                working group shall include representatives from 
                national organizations representing individuals with 
                disabilities.</DELETED>
<DELETED>    (d) Recommendations for Highly Automated Vehicles.--
</DELETED>
        <DELETED>    (1) In general.--On a periodic basis, the 
        Committee shall release recommendations on voluntary standards 
        regarding highly automated vehicle safety.</DELETED>
        <DELETED>    (2) Work plan.--Not later than 180 days after the 
        Committee is established under subsection (a), the Committee 
        shall submit a work plan to the Secretary for carrying out this 
        section.</DELETED>
        <DELETED>    (3) Report.--Not later than 5 years after the date 
        of the enactment of this Act, the Committee shall submit a 
        report containing recommendations of consensus-based, feasible, 
        and objective standards to the Secretary for potential 
        rulemaking governing highly automated vehicles that meet the 
        need for motor vehicle safety.</DELETED>
<DELETED>    (e) Consultation and Publication of Reports.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall consult with 
        the Committee, as appropriate, on highly automated vehicle 
        safety matters, including the development and implementation of 
        relevant policies, programs, and rulemaking.</DELETED>
        <DELETED>    (2) Recommended agenda.--The Secretary shall 
        regularly provide recommendations to the Committee regarding 
        the agenda of the Committee and areas in which Committee 
        activity would benefit and complement Department of 
        Transportation efforts.</DELETED>
        <DELETED>    (3) Reports.--The Secretary shall make any report 
        or recommendation developed under this section publicly 
        available.</DELETED>
<DELETED>    (f) FACA.--The Committee shall not be subject to the 
requirements under the Federal Advisory Committee Act (5 U.S.C. 
App.).</DELETED>
<DELETED>    (g) Termination.--The Committee shall terminate upon the 
submission of the final report required under subsection (d)(3) unless 
the Secretary determines that the Committee should continue.</DELETED>

<DELETED>SEC. 11. HIGHLY AUTOMATED VEHICLES RULEMAKING.</DELETED>

<DELETED>    (a) In General.--The Secretary shall review and seek 
public comment on the recommendations for standards made by the Highly 
Automated Vehicles Technical Committee under section 
10(d)(3).</DELETED>
<DELETED>    (b) Determination.--Not later than 1 year after the 
receipt of the recommendations referred to in subsection (a), the 
Secretary shall--</DELETED>
        <DELETED>    (1) make a determination whether to approve one or 
        more of the recommendations, based on an identified need for 
        motor vehicle safety; and</DELETED>
        <DELETED>    (2) begin a rulemaking proceeding on the 
        recommendations approved pursuant to paragraph (1) on the 
        safety of highly automated vehicles.</DELETED>
<DELETED>    (c) Rule of Construction.--Nothing in this section may be 
construed to restrict the authority of the Secretary under section 
30111 of title 49, United States Code. Any Federal motor vehicle safety 
standard adopted pursuant to this section shall meet the requirements 
under such section 30111.</DELETED>

<DELETED>SEC. 12. CONSUMER EDUCATION.</DELETED>

<DELETED>    (a) Establishment.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall establish a working 
group on responsible education efforts for advanced driver assist 
systems and automated driving systems.</DELETED>
<DELETED>    (b) Duties.--The working group established under 
subsection (a) shall--</DELETED>
        <DELETED>    (1) identify recommended education and responsible 
        marketing strategies that may be voluntarily employed by 
        industry to inform consumers, vehicle owners and operators, and 
        other stakeholders about advanced driver assistance systems and 
        automated driving systems as they become available or are soon 
        to be introduced into interstate commerce; and</DELETED>
        <DELETED>    (2) submit a report containing the findings and 
        recommendations of the working group to Congress and making 
        such report available to the public.</DELETED>
<DELETED>    (c) Considerations.--The working group shall consider 
topics pertaining to--</DELETED>
        <DELETED>    (1) intent, capabilities, and limitations of 
        advanced driver assistance systems and automated driving 
        systems;</DELETED>
        <DELETED>    (2) engagement and disengagement methods, 
        including methods to address driver engagement in lower levels 
        of automation;</DELETED>
        <DELETED>    (3) human-machine interfaces;</DELETED>
        <DELETED>    (4) emergency fallback scenarios;</DELETED>
        <DELETED>    (5) operational boundary 
        responsibilities;</DELETED>
        <DELETED>    (6) response in the event of a crash or system 
        failure;</DELETED>
        <DELETED>    (7) potential mechanisms that could change 
        function behavior in service; and</DELETED>
        <DELETED>    (8) consistent nomenclature and taxonomy for 
        safety features and systems.</DELETED>
<DELETED>    (d) Membership.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall appoint, as 
        members of the working group, individuals with expertise in 
        automated driving systems and driver assistance systems, 
        including--</DELETED>
                <DELETED>    (A) representatives of--</DELETED>
                        <DELETED>    (i) motor vehicle 
                        manufacturers;</DELETED>
                        <DELETED>    (ii) manufacturers of automated 
                        driving systems and driver assistance systems 
                        (including components);</DELETED>
                        <DELETED>    (iii) motor vehicle 
                        dealers;</DELETED>
                        <DELETED>    (iv) motor vehicle owners and 
                        operators, including fleet managers, vehicle 
                        rental companies, and transportation network 
                        companies;</DELETED>
                        <DELETED>    (v) consumers or consumer advocacy 
                        groups;</DELETED>
                        <DELETED>    (vi) automated vehicle proving 
                        grounds designated by the Department of 
                        Transportation;</DELETED>
                        <DELETED>    (vii) public health 
                        organizations;</DELETED>
                        <DELETED>    (viii) marketing 
                        professionals;</DELETED>
                        <DELETED>    (ix) entities with national 
                        experience in consumer education; and</DELETED>
                        <DELETED>    (x) enabling technology companies; 
                        and</DELETED>
                <DELETED>    (B) any other members the Secretary 
                considers appropriate.</DELETED>
        <DELETED>    (2) Compensation.--Members of the working group 
        shall serve without compensation.</DELETED>
        <DELETED>    (3) Consultation.--The Secretary shall consult 
        with the Federal Trade Commission about the recommendations of 
        the working group, as appropriate.</DELETED>
<DELETED>    (e) Termination.--The working group established under this 
section shall terminate on the date that is 2 years after the date of 
the enactment of this Act.</DELETED>

<DELETED>SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT.</DELETED>

<DELETED>    (a) Research.--The Secretary, in coordination with State 
and local transportation and highway safety entities, State and local 
law enforcement entities, and other relevant parties, shall research 
the traffic safety implications of highly automated vehicles, 
including--</DELETED>
        <DELETED>    (1) the intersection of conventional and highly 
        automated vehicles; and</DELETED>
        <DELETED>    (2) law enforcement impacts, including--</DELETED>
                <DELETED>    (A) enforcing applicable laws;</DELETED>
                <DELETED>    (B) identifying whether a vehicle was in 
                automated mode at the time of a crash;</DELETED>
                <DELETED>    (C) lawfully accessing event data 
                information; and</DELETED>
                <DELETED>    (D) determining how a highly automated 
                vehicle should respond to law enforcement.</DELETED>
<DELETED>    (b) Coordination of Safety.--The Secretary, in 
coordination with State, local, and law enforcement agencies, may 
develop a process for State and local entities to provide information, 
on a voluntary basis, to the Secretary to assist the Department of 
Transportation in identifying defects related to motor vehicle safety 
of highly automated vehicles.</DELETED>
<DELETED>    (c) Crash Data.--Not later than 3 years after the date of 
the enactment of this Act, the Secretary shall revise the crash 
investigation data collection system to include the collection of crash 
report data elements that distinguish whether the vehicle involved in a 
crash is a highly automated vehicle, including the level of automation 
and whether the vehicle was in automated mode at the time of a 
crash.</DELETED>

<DELETED>SEC. 14. CYBERSECURITY.</DELETED>

<DELETED>    (a) In General.--Subchapter I of chapter 301 of title 49, 
United States Code, as amended by section 9, is further amended by 
adding at the end the following:</DELETED>
<DELETED>``Sec. 30108. Cybersecurity risks to the safety of highly 
              automated vehicles</DELETED>
<DELETED>    ``(a) Definitions.--In this section:</DELETED>
        <DELETED>    ``(1) Cybersecurity incident.--The term 
        `cybersecurity incident' has the meaning given the term 
        `incident' in section 227(a) of the Homeland Security Act of 
        2002 (6 U.S.C. 148(a)).</DELETED>
        <DELETED>    ``(2) Cybersecurity risk.--The term `cybersecurity 
        risk' has the meaning given the term in section 227(a) of the 
        Homeland Security Act of 2002 (6 U.S.C. 148(a)).</DELETED>
        <DELETED>    ``(3) Cybersecurity vulnerability.--The term 
        `cybersecurity vulnerability' has the meaning given the term 
        `security vulnerability' in section 102 of the Cybersecurity 
        Information Sharing Act of 2015 (6 U.S.C. 1501).</DELETED>
<DELETED>    ``(b) Cybersecurity Plan.--</DELETED>
        <DELETED>    ``(1) In general.--Each manufacturer of a highly 
        automated vehicle or automated driving system shall develop, 
        maintain, and execute a written plan for identifying and 
        reducing cybersecurity risks to the motor vehicle safety of 
        such vehicles and systems.</DELETED>
        <DELETED>    ``(2) Requirements.--The plan required under 
        paragraph (1) shall include a process for--</DELETED>
                <DELETED>    ``(A) the risk-based prioritized 
                identification and protection of safety-critical 
                vehicle control systems and the broader transportation 
                ecosystem, as applicable;</DELETED>
                <DELETED>    ``(B) the efficient detection and response 
                to potential vehicle cybersecurity incidents in the 
                field;</DELETED>
                <DELETED>    ``(C) facilitating expeditious recovery 
                from incidents as they occur;</DELETED>
                <DELETED>    ``(D) the institutionalization of methods 
                for the accelerated adoption of lessons learned across 
                industry through voluntary exchange of information 
                pertaining to cybersecurity incidents, threats, and 
                vulnerabilities, including the consideration of a 
                coordinated cybersecurity vulnerability disclosure 
                policy or other related practices for collaboration 
                with third-party cybersecurity researchers;</DELETED>
                <DELETED>    ``(E) the identification of the point of 
                contact of the manufacturer with responsibility for the 
                management of cybersecurity;</DELETED>
                <DELETED>    ``(F) the use of segmentation and 
                isolation techniques in vehicle architecture design, as 
                appropriate; and</DELETED>
                <DELETED>    ``(G) supporting voluntary efforts by 
                industry and standards-setting organizations to develop 
                and identify consistent standards and guidelines 
                relating to vehicle cybersecurity, consistent, and to 
                the extent appropriate, with the cybersecurity risk 
                management activities described in section 2(e) of the 
                National Institute of Standards and Technology Act (15 
                U.S.C. 272(e)).</DELETED>
        <DELETED>    ``(3) Inspection.--The Secretary may inspect any 
        cybersecurity plan developed by a manufacturer under this 
        subsection to enable the Secretary to decide whether the 
        manufacturer has complied, or is complying, with this chapter 
        or a regulation prescribed or order issued pursuant to this 
        chapter.</DELETED>
        <DELETED>    ``(4) Protections for disclosure.--The Secretary 
        may, by notice and comment rulemaking, establish a requirement 
        that manufacturers subject to subsection (b) develop a summary 
        of its plan that is suitable for public disclosure, as 
        appropriate.</DELETED>
<DELETED>    ``(c) Coordinated Cybersecurity Vulnerability 
Disclosure.--The Secretary may work cooperatively with manufacturers of 
highly automated vehicles and automated driving systems to incentivize 
manufacturers to voluntarily adopt a coordinated vulnerability 
disclosure policy and practice in which a security researcher privately 
discloses information related to a discovered vulnerability to a 
manufacturer and allows the manufacturer time to confirm and remediate 
the vulnerability--</DELETED>
        <DELETED>    ``(1) so that manufacturers build relationships 
        with security researchers to mitigate cybersecurity risks; 
        and</DELETED>
        <DELETED>    ``(2) to discover and mitigate cybersecurity 
        vulnerabilities in highly automated vehicles or automated 
        driving systems that present a risk to motor vehicle safety (as 
        defined in section 30102 of title 49, United States 
        Code).</DELETED>
<DELETED>    ``(d) Coordination.--All Federal agencies undertaking 
research on cybersecurity risks associated with highly automated 
vehicles shall coordinate with the Secretary on their 
findings.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30107, as added by section 9, the 
following:</DELETED>

<DELETED>``30108. Cybersecurity risks to the safety of highly automated 
                            vehicles.''.
<DELETED>    (c) Effective Date.--The amendments made by this section 
shall take effect on the date that is 18 months after the date of the 
enactment of this Act.</DELETED>

<DELETED>SEC. 15. SAVINGS PROVISION.</DELETED>

<DELETED>    Nothing in this Act may be construed to alter any existing 
authority under subtitle VI of title 49, United States Code, relating 
to motor vehicles with a gross vehicle weight of 10,001 pounds or 
more.</DELETED>

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``American Vision 
for Safer Transportation through Advancement of Revolutionary 
Technologies Act'' or the ``AV START Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Relationship to other laws.
Sec. 4. Expedited resolution of highly automated vehicles conflicts 
                            with standards.
Sec. 5. Highly automated vehicles testing.
Sec. 6. Highly automated vehicles exemptions.
Sec. 7. Inoperative controls.
Sec. 8. Levels of driving automation.
Sec. 9. Safety evaluation report.
Sec. 10. Highly Automated Vehicles Technical Committee.
Sec. 11. Highly automated vehicles rulemaking.
Sec. 12. Consumer education.
Sec. 13. Traffic safety and law enforcement.
Sec. 14. Cybersecurity.
Sec. 15. HAV Data Access Advisory Committee.
Sec. 16. Cybersecurity consumer education information.
Sec. 17. Provision of cybersecurity resource information.
Sec. 18. Highly automated vehicle study.
Sec. 19. Study on encouraging manufacturing in the United States of 
                            automated driving equipment and intelligent 
                            transportation solutions.
Sec. 20. Privacy protections for users of motor vehicles.
Sec. 21. Child safety.
Sec. 22. Savings provision.

SEC. 2. DEFINITIONS.

    (a) In General.--In this Act:
            (1) Automated driving system; dedicated highly automated 
        vehicle; highly automated vehicle; manufacturer; motor vehicle; 
        motor vehicle equipment.--The terms ``automated driving 
        system'', ``dedicated highly automated vehicle'', ``highly 
        automated vehicle'', ``manufacturer'', ``motor vehicle'', and 
        ``motor vehicle equipment'' have the meanings given such terms 
        in section 30102 of title 49, United States Code, as amended by 
        subsection (b).
            (2) NHTSA.--The term ``NHTSA'' means the National Highway 
        Traffic Safety Administration.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
    (b) Motor Vehicle Safety Chapter.--Section 30102(a) of title 49, 
United States Code, is amended--
            (1) by redesignating paragraphs (5) through (13) as 
        paragraphs (8) through (16) respectively;
            (2) by redesignating paragraphs (3) and (4) as paragraphs 
        (5) and (6), respectively;
            (3) by redesignating paragraphs (1) and (2) as paragraphs 
        (2) and (3), respectively;
            (4) by inserting before paragraph (2), as redesignated, the 
        following:
            ``(1) Automated driving system.--In describing a Level 3, 
        4, or 5 automated driving system (as defined by SAE 
        International standard J3016, published on September 30, 2016, 
        or subsequently adopted by the Secretary), the term `automated 
        driving system' means the hardware and software that is 
        collectively capable of performing the entire dynamic driving 
        task on a sustained basis, regardless of whether the system is 
        limited to a specific operational design domain.'';
            (5) by inserting after paragraph (3), as redesignated, the 
        following:
            ``(4) Dedicated highly automated vehicle.--The term 
        `dedicated highly automated vehicle' means a highly automated 
        vehicle designed to be operated exclusively (as defined by the 
        SAE International standard J3016, published on September 30, 
        2016) 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.''; and
            (6) by inserting after paragraph (6), as redesignated, the 
        following:
            ``(7) Highly automated vehicle.--The term `highly automated 
        vehicle' means a motor vehicle with a gross vehicle weight of 
        10,000 pounds or less that is equipped with a Level 3, 4, or 5 
        automated driving system (as defined by SAE International 
        standard J3016, published on September 30, 2016, or 
        subsequently adopted by the Secretary).''.

SEC. 3. RELATIONSHIP TO OTHER LAWS.

    (a) Vehicle Preemption.--Section 30103(b) of title 49, United 
States Code, is amended by adding at the end the following:
            ``(3) Highly automated vehicles.--
                    ``(A) No State or political subdivision of a State 
                may adopt, maintain, or enforce any law, rule, or 
                standard regulating the design, construction, or 
                performance of a highly automated vehicle or automated 
                driving system with respect to any of the safety 
                evaluation report subject areas described in section 
                30107(b).
                    ``(B) This paragraph shall cease to have effect 
                with respect to any particular subject matter area on 
                the effective date of a standard applicable to the same 
                aspect of vehicle performance as identified in section 
                30107(f).
                    ``(C) Nothing in this paragraph 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.''.
    (b) Liability.--Section 30103(e) of title 49, United States Code, 
is amended to read as follows:
    ``(e) State Law Liability.--
            ``(1) Compliance with a motor vehicle safety standard 
        prescribed under this chapter does not exempt a person from 
        liability at common law.
            ``(2) Subject to subsection (b)(3)(A), nothing in 
        subsection (b)(3) shall exempt a person from liability at 
        common law or under a State statute authorizing a civil remedy 
        for damages or other monetary relief.''.
    (c) 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. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED VEHICLES CONFLICTS 
              WITH STANDARDS.

    (a) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of 
        the John A. Volpe National Transportation Systems Center of the 
        Department of Transportation.
            (2) Dynamic driving task.--The term ``dynamic driving 
        task'' has the meaning given the term by SAE International 
        standard J3016, published on September 30, 2016.
            (3) Safety standard.--The term ``safety standard'' means a 
        Federal motor vehicle safety standard prescribed under chapter 
        301 of title 49, United States Code.
    (b) References to Human Drivers.--Not later than 180 days after the 
date of the enactment of this Act, the Director or other designated 
entity, after consultation with stakeholders, shall prepare and submit 
to the Secretary a report that identifies each provision, requirement, 
specification, or procedure in a safety standard with a reference to 
features of the equipment that--
            (1) are necessary only for the performance of the dynamic 
        driving task by a human driver;
            (2) specify a location or reference point within a vehicle 
        by reference to the position of a human driver; or
            (3) serve a purpose of providing information to, or 
        receiving input from, a human driver engaged in performing the 
        dynamic driving task.
    (c) Substitution of Conforming References to Automated Systems.--
            (1) In general.--In each provision of the report prepared 
        under subsection (b) identifying the text of a regulation from 
        a safety standard, a test procedure, or a method for 
        determining compliance with a safety standard, the Director or 
        designated entity shall include--
                    (A) an alternative reference to an automated system 
                that is suitable for assessing, through an objective 
                test procedure, the compliance of a dedicated highly 
                automated vehicle, or of a highly automated vehicle 
                operating in automated mode, with the safety standard; 
                or
                    (B) a determination that--
                            (i) the relevant regulatory text applies to 
                        features of the motor vehicle equipment that 
                        are only necessary for the performance of a 
                        dynamic driving task by a human driver; and
                            (ii) no alternative reference to an 
                        automated system is practicable.
            (2) Conditions.--In carrying out paragraph (1), the 
        Director or designated entity--
                    (A) shall ensure that all requirements remain 
                objective and practicable;
                    (B) may not modify the purpose of any safety 
                standard; and
                    (C) may specify different references for--
                            (i) dedicated highly automated vehicles 
                        that are intended for human occupancy; and
                            (ii) dedicated highly automated vehicles 
                        that are not designed, intended, or marketed 
                        for human occupancy.
    (d) Rulemaking.--
            (1) Commencement.--Not later than 90 days after the date on 
        which the Director or designated entity submits the report 
        under subsection (b), the Secretary shall commence a rulemaking 
        proceeding to incorporate the report by reference into the 
        relevant safety standards, except as provided in paragraph (3).
            (2) Final rule.--Not later than 1 year after the Director 
        or other entity submits the report under subsection (b), the 
        Secretary shall issue a final rule to incorporate the report by 
        reference into the relevant safety standards, except as 
        provided in paragraph (3).
            (3) Alternative text.--If the Secretary determines that one 
        or more of the revisions to a regulation contained in the 
        report submitted under subsection (b) is not objective, is not 
        practicable, or does not meet the need for motor vehicle 
        safety, the Secretary shall incorporate alternative regulatory 
        text.
            (4) Incorporation by reference.--If the Secretary does not 
        complete the rulemaking proceeding under this subsection within 
        1 year after the submission of the report under subsection (b), 
        the revisions to regulations contained in such report shall be 
        incorporated by reference into the relevant safety standards.
    (e) Savings Provision.--Nothing in this section may be construed to 
prohibit the Secretary from maintaining different test procedures for 
highly automated vehicles that retain the capability to be operated by 
a human driver when such vehicles are not operating in an automated 
mode.

SEC. 5. HIGHLY AUTOMATED VEHICLES TESTING.

    Section 30112(b) of title 49, United States Code, is amended--
            (1) in paragraph (9), by striking ``or'' at the end;
            (2) in paragraph (10)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``(except for a highly automated vehicle)'' 
                after ``the introduction of a motor vehicle''; and
                    (B) in subparagraph (C), by striking the period at 
                the end and inserting ``; or''; and
            (3) by adding at the end the following:
            ``(11) the introduction of a motor vehicle into interstate 
        commerce solely for the purposes of testing, evaluation, or 
        demonstration of a highly automated vehicle or automated 
        driving system if--
                    ``(A) the testing, evaluation, or demonstration of 
                the vehicle is only conducted by employees, agents, or 
                fleet management contractors of the manufacturer of the 
                highly automated vehicle, the automated driving system, 
                or any component thereof;
                    ``(B) such manufacturer agrees not to sell, lease, 
                or offer for sale or lease, the vehicle or system at 
                the conclusion of the testing, evaluation, or 
                demonstration; and
                    ``(C) such manufacturer has submitted appropriate 
                manufacturer identification information that is similar 
                to information submitted by manufacturers subject to a 
                Federal motor vehicle safety standard under part 566 of 
                title 49, Code of Federal Regulations, before the 
                commencement of such testing or evaluation.''.

SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS.

    (a) In General.--Section 30113 of title 49, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``this section,'' and inserting the 
                following: ``this section--
            ``(1) the term'';
                    (B) by striking the period at the end and inserting 
                ``; and''; and
                    (C) by adding at the end the following:
            ``(2) the term `new motor vehicle safety feature' includes 
        any feature that enables a highly automated vehicle or an 
        automated driving system, regardless of whether an exemption 
        has already been granted for a similar feature on another model 
        or models.'';
            (2) in subsection (b)--
                    (A) by amending paragraph (2) to read as follows:
    ``(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 such information, this section and the Secretary require. 
The Secretary shall grant or deny an exemption for a highly automated 
vehicle not later than 180 days after receiving an application for such 
exemption from a manufacturer. Before granting a renewal of an 
exemption or otherwise increasing the number of highly automated 
vehicles of a manufacturer that may be sold or introduced under a 
previously granted exemption, the Secretary shall evaluate the previous 
exemption and make a safety equivalence finding consistent with 
paragraph (3).''; and
                    (B) in paragraph (3)(B)(iv), by inserting ``or 
                introducing or delivering into interstate commerce'' 
                after ``selling'';
            (3) in subsection (d)--
                    (A) by inserting ``(1)'' after ``Eligibility.--''; 
                and
                    (B) by striking the second sentence and inserting 
                the following:
            ``(2) A manufacturer is eligible for an exemption under 
        clause (ii), (iii), or (iv) of subsection (b)(3)(B) only if the 
        Secretary determines that--
                    ``(A) the exemption is for not more than 2,500 
                vehicles to be sold in the United States in any 12-
                month period; or
                    ``(B) the vehicle is a highly automated vehicle; 
                and
                            ``(i) during the 12-month period beginning 
                        on the date of the enactment of the AV START 
                        Act, the exemption is for not more than 15,000 
                        vehicles to be sold or introduced into 
                        interstate commerce in the United States;
                            ``(ii) during the 12-month period 
                        immediately following the period described in 
                        clause (i), the exemption is for not more than 
                        40,000 vehicles to be sold or introduced into 
                        interstate commerce in the United States; and
                            ``(iii) during any 12-month period 
                        following the period described in clause (ii), 
                        the exemption is for not more than 80,000 
                        vehicles to be sold or introduced into 
                        interstate commerce in the United States.
                    ``(C) A manufacturer of a highly automated vehicle 
                may petition the Secretary to expand the exemption 
                under paragraph (2)(B) to more than 80,000 vehicles in 
                any-12 month period after the exemption has been in 
                place for 4 years.''; and
            (4) in subsection (e), by inserting ``, unless the vehicle 
        is a highly automated vehicle'' before the period at the end.
    (b) Sunset.--A manufacturer's eligibility for an exemption from a 
provision, clause, sentence, or paragraph in a motor vehicle safety 
standard under section 30113(d)(2)(B) of title 49, United States Code, 
as amended by subsection (a), shall end on the earlier of the date that 
is 10 years after the date of the enactment of this Act or the date on 
which a standard (except for a standard promulgated under section 4 of 
this Act) that amends the provision, clause, sentence, or paragraph 
from which an exemption is sought takes effect, with due consideration 
for any lead time specified for compliance.

SEC. 7. INOPERATIVE CONTROLS.

    Section 30122(b) of title 49, United States Code, is amended--
            (1) by inserting ``(1)'' before ``A manufacturer''; and
            (2) by adding at the end the following:
    ``(2) The prohibition under paragraph (1) shall not apply to a 
manufacturer that intentionally causes a steering wheel, brake or 
accelerator pedals, a gear shift, or other feature or element of design 
related to the performance of the dynamic driving task by a human 
operator in compliance with an applicable motor vehicle safety standard 
to be temporarily disabled during the time that an automated driving 
system is performing the entire dynamic driving task.''.

SEC. 8. LEVELS OF DRIVING AUTOMATION.

    (a) Use of SAE International's Taxonomy and Definitions.--The 
Secretary shall use the taxonomy and definitions for automated driving 
systems set forth in SAE International standard J3016, published on 
September 30, 2016, for the various levels of automation for motor 
vehicles.
    (b) Review.--
            (1) In general.--The Secretary--
                    (A) shall review the taxonomy and definitions for 
                automated driving systems set forth by SAE 
                International to ensure that such taxonomy and 
                definitions are clear and objective; and
                    (B) may provide feedback to SAE International for 
                potential updates.
            (2) Use of revised standard.--
                    (A) Determination.--Not later than 120 days after 
                SAE International revises the standard referred to in 
                subsection (a), the Secretary, after publishing notice 
                of the revision in the Federal Register, shall 
                determine whether to adopt the revised standard to 
                identify the various levels of automation for motor 
                vehicles.
                    (B) Effect of decision not to adopt the revised 
                standard.--If the Secretary decides not to adopt the 
                revised standard--
                            (i) the Secretary shall notify SAE 
                        International of the Secretary's decision; and
                            (ii) the definitions referred to in 
                        subsection (a) shall remain in effect.

SEC. 9. SAFETY EVALUATION REPORT.

    (a) In General.--Subchapter I of chapter 301 of title 49, United 
States Code, is amended by adding at the end the following:
``Sec. 30107. Highly automated vehicles safety evaluation report
    ``(a) In General.--
            ``(1) Requirement.--Each manufacturer introducing a new 
        highly automated vehicle or automated driving system into 
        interstate commerce shall provide a safety evaluation report, 
        in accordance with this section, that describes how the 
        manufacturer is addressing the safety of such vehicle or 
        system.
            ``(2) Submission.--Each manufacturer described in paragraph 
        (1) shall--
                    ``(A) submit a report to the Secretary--
                            ``(i) upon testing a highly automated 
                        vehicle or automated driving system; and
                            ``(ii) not later than 90 days before 
                        selling, offering for sale, or otherwise 
                        commercializing a highly automated vehicle or 
                        automated driving system; and
                    ``(B) annually submit, until the vehicle or system 
                is no longer being sold, offered for sale, or otherwise 
                introduced into interstate commerce by the manufacturer 
                or until the system is no longer being incorporated 
                into new motor vehicles by the manufacturer, an updated 
                report to the Secretary that--
                            ``(i) may disclose that no significant 
                        changes were made to the vehicle or system; and
                            ``(ii) shall provide aggregate results of 
                        any significant safety deviation from expected 
                        performance disclosed in the previous report 
                        and aggregate results comparing the safety 
                        level of the vehicle or system with a vehicle 
                        that is not highly automated and is driven by a 
                        human driver.
            ``(3) Review.--The Secretary--
                    ``(A) shall review each report submitted under 
                paragraph (2); and
                    ``(B) may require that the manufacturer submit 
                additional or clarifying information.
            ``(4) Limitation.--The Secretary may not condition the 
        manufacture, testing, sale, offer for sale, or introduction 
        into interstate commerce of a highly automated vehicle or 
        automated driving system based on a review of a safety 
        evaluation report or additional information submitted under 
        this section.
    ``(b) Safety Evaluation Report Subject Areas.--Each report 
submitted by a manufacturer under subsection (a) shall describe how the 
manufacturer is addressing, through a documented assessment, testing, 
and validation process, each of the subject areas described in 
paragraphs (1) through (9).
            ``(1) System safety.--The avoidance of unreasonable risks 
        to safety, including--
                    ``(A) assurance that systems, including hardware 
                and software, perform intended functions;
                    ``(B) the mitigation of unreasonable risks to 
                safety caused by a malfunction of the automated driving 
                system, including any component therein; and
                    ``(C) sense of objects, motorcyclists, bicyclists, 
                pedestrians, and animals in or crossing the path of 
                travel through the automated driving system.
            ``(2) Data recording.--The collection by the vehicle of 
        automated driving system performance information and incident 
        and crash data--
                    ``(A) to record the occurrence of malfunctions, 
                disengagements, degradations, or failures;
                    ``(B) to aid in the analysis of the cause of any 
                issues described in subparagraph (A);
                    ``(C) to enable efforts to work with other entities 
                to address data recording and sharing; and
                    ``(D) with respect to event data recorder 
                information, that complies with the collection and 
                sharing requirements under the FAST Act (Public Law 
                114-94).
            ``(3) Cybersecurity.--The minimization of cybersecurity 
        risks to safety, including evaluation of elements of the supply 
        chain to identify and address cybersecurity vulnerabilities, 
        and the exchange of information about any vulnerabilities 
        discovered from field incidents, internal testing, or external 
        security research, and mechanisms for alerting the human driver 
        or operator about cyber vulnerabilities.
            ``(4) Human-machine interface.--
                    ``(A) The methods of informing the human driver or 
                operator about whether the automated driving system is 
                functioning properly.
                    ``(B) For a Level 3 vehicle, the methods to address 
                driver reengagement.
                    ``(C) The use of a human-machine interface by 
                people with disabilities through visual, auditory, or 
                haptic displays, or other methods.
            ``(5) Crashworthiness.--Practicable protection for all 
        occupants given any planned seating positions or interior 
        configurations.
            ``(6) Capabilities.--The capabilities and limitations of 
        the highly automated vehicle or automated driving system, 
        including its expected SAE level.
            ``(7) Post-crash behavior.--The post-crash behavior of the 
        highly automated vehicle or automated driving system if sensors 
        or critical systems are damaged in a crash.
            ``(8) Account for applicable laws.--The account of 
        applicable traffic laws and rules of the road, based on 
        operational design domain, in the development of a highly 
        automated vehicle or automated driving system.
            ``(9) Automation function.--
                    ``(A) The expected operational design domain in 
                which the highly automated vehicle or automated driving 
                system is designed to operate, including any roadway 
                and infrastructure assets required for the operation of 
                the highly automated vehicle or automated driving 
                system, such as roadside equipment, pavement markings, 
                signage, and traffic signals, and how it will respond 
                if that operational design domain unexpectedly changes.
                    ``(B) The automated driving system's expected 
                object and event detection and response capabilities, 
                including behavioral competencies and crash avoidance 
                capability.
                    ``(C) The ability of the highly automated vehicle 
                or automated driving system to transition to a minimal 
                risk condition when a malfunction is encountered.
                    ``(D) The performance of the vehicle through the 
                manufacturer's development and implementation of tests, 
                including simulation, test track, and on-road testing.
    ``(c) Certification of Inapplicable Categories.--A manufacturer 
that is solely testing a vehicle or system may certify that one or more 
of the categories set forth in subsection (b) do not apply.
    ``(d) Publicly Available.--The Secretary shall make any report 
submitted by a manufacturer under this section publicly available not 
later than 60 days after receipt, except the Secretary may not make 
publicly available any information relating to a trade secret or 
confidential business information, or which is privileged. The 
manufacturer may submit information related to a trade secret or 
confidential business information separately from the report.
    ``(e) Official Signature.--Each report submitted by an entity under 
this section shall be reviewed by a senior official of the entity who--
            ``(1) is knowledgeable about the information contained in 
        the report; and
            ``(2) shall certify that, based on the official's 
        knowledge, the report does not contain any untrue statement of 
        a material fact.
    ``(f) Termination of Obligation to Disclose Information.--
            ``(1) In general.--A manufacturer's obligation to provide 
        information on a specific category under subsection (b) shall 
        end on the effective date of a motor vehicle safety standard 
        applicable to the same aspect of vehicle or system performance 
        as is covered by the category, with due consideration for any 
        lead time specified for compliance.
            ``(2) Effect of new standard.--In adopting any standard 
        applicable to highly automated vehicle performance, the 
        Secretary shall--
                    ``(A) identify the category under subsection (b) to 
                which the standard relates, if any; and
                    ``(B) specify what information is no longer 
                required to be included in the report as a result of 
                the new standard.
    ``(g) Rule of Construction.--
            ``(1) Submissions.--A manufacturer may submit a safety 
        evaluation report for vehicles introduced into interstate 
        commerce before the date of the enactment of the AV START Act.
            ``(2) Savings provisions.--Nothing in this section may be 
        construed to amend, limit the authority, or prohibit the use of 
        the information included in the report under this chapter.
            ``(3) Nothing in this section may be construed to affect 
        discovery, subpoena, other court order, or any other judicial 
        process otherwise allowed under applicable Federal or State 
        law.''.
    (b) Clerical Amendment.--The analysis for chapter 301 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 30106 the following:

``30107. Highly automated vehicles safety evaluation report.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 90 days after the date of the enactment of 
this Act.
    (d) False or Misleading Reports.--Section 30165(a)(4) of title 49, 
United States Code, is amended by inserting ``or under the 
certification process established pursuant to section 30107(e)'' after 
``30166(o)''.

SEC. 10. HIGHLY AUTOMATED VEHICLES TECHNICAL COMMITTEE.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a Highly Automated 
Vehicles Technical Committee (referred to in this section as the 
``Committee'') to provide a forum for stakeholders to discuss, 
prioritize, and make technical recommendations for highly automated 
vehicle and automated driving system safety.
    (b) Membership.--
            (1) Voting members.--The Secretary--
                    (A) shall appoint 15 voting members to the 
                Committee who--
                            (i) are specially qualified to serve on the 
                        Committee because of their technical knowledge 
                        of automated driving systems, vehicle-to-
                        vehicle infrastructure systems, or the impact 
                        of such systems on Federal motor vehicle safety 
                        standards; and
                            (ii) shall include at least 1 
                        representative of SAE International, automated 
                        vehicle proving grounds designated by the 
                        Department of Transportation, highly automated 
                        vehicle and automated driving system 
                        manufacturers, safety organizations, State and 
                        local government agencies, and other 
                        organizations directly or indirectly impacted 
                        by NHTSA regulations; and
                    (B) may appoint new members to the Committee at any 
                time.
            (2) Compensation.--Members of the Committee shall serve 
        without compensation.
            (3) Chairperson.--The Secretary, or the Secretary's 
        designee, shall act as Chairperson of the Committee, but will 
        not have voting rights, except to break a tie.
    (c) Duties.--
            (1) Recommendations.--The Committee shall provide 
        consensus-based recommendations to the Secretary on rulemaking, 
        policy, and guidance regarding highly automated vehicle safety, 
        including--
                    (A) the identification and creation of performance 
                standards; and
                    (B) the harmonization of national highly automated 
                vehicle safety standards with international standards.
            (2) Scope.--The Committee shall study issues relating to 
        highly automated vehicles, including--
                    (A) system safety;
                    (B) automated steering and braking;
                    (C) crashworthiness for vehicles with 
                unconventional seating positions or vehicles not 
                intended for human occupancy;
                    (D) event data recording;
                    (E) vehicle communication with roadway and 
                infrastructure assets, including pavement markings, 
                signage, and traffic signals;
                    (F) accessibility for people with physical, 
                sensory, or other disabilities, including for those who 
                rely on mobility devices;
                    (G) potential conflicts with existing Federal motor 
                vehicle safety standards; and
                    (H) any other issue the Secretary considers 
                appropriate, including safeguards against misuse.
            (3) Support.--The NHTSA Office of Rulemaking and the NHTSA 
        Office of Vehicle Safety Research shall provide support 
        services to the Committee.
            (4) Meetings.--The Committee shall meet not less frequently 
        than 4 times per year. Committee meetings shall be open to the 
        public, except in circumstances in which a meeting is likely to 
        discuss--
                    (A) internal personnel rules and practices of the 
                NHTSA;
                    (B) matters specifically exempted from disclosure 
                by statute;
                    (C) trade secrets or confidential or privileged 
                business information;
                    (D) matters involving criminal accusation or 
                official censure;
                    (E) information of a personal nature that, if 
                disclosed, would constitute an unwarranted invasion of 
                personal privacy; or
                    (F) investigatory records that might interfere with 
                enforcement proceedings.
            (5) Working groups.--
                    (A) In general.--The Committee may establish 
                temporary working groups, as necessary, to address 
                specific issues. Each working group shall include at 
                least 1 member who represents a manufacturer of highly 
                automated vehicles or automated driving systems and 
                other individuals who are subject matter experts on the 
                issue before the working group.
                    (B) Disability and limited mobility access.--The 
                Committee shall establish a working group to develop 
                voluntary best practices regarding highly automated 
                vehicle accessibility for people with physical, 
                sensory, or other disabilities, including for those who 
                rely on mobility devices. Such best practices shall 
                address the physical accessibility of highly automated 
                vehicles and human-machine interface accessibility 
                through visual, auditory, or haptic displays or other 
                methods. The working group shall include 
                representatives from national organizations 
                representing individuals with disabilities and older 
                adults.
    (d) Recommendations for Highly Automated Vehicles.--
            (1) In general.--On a periodic basis, the Committee shall 
        release recommendations on voluntary standards regarding highly 
        automated vehicle safety.
            (2) Work plan.--Not later than 180 days after the Committee 
        is established under subsection (a), the Committee shall submit 
        a work plan to the Secretary for carrying out this section.
            (3) Report.--Not later than 5 years after the date of the 
        enactment of this Act, the Committee shall submit a report 
        containing recommendations of consensus-based, feasible, and 
        objective standards to the Secretary for potential rulemaking 
        governing highly automated vehicles that meet the need for 
        motor vehicle safety.
    (e) Consultation and Publication of Reports.--
            (1) In general.--The Secretary shall consult with the 
        Committee, as appropriate, on highly automated vehicle safety 
        matters, including the development and implementation of 
        relevant policies, programs, and rulemaking.
            (2) Recommended agenda.--The Secretary shall regularly 
        provide recommendations to the Committee regarding the agenda 
        of the Committee and areas in which Committee activity would 
        benefit and complement Department of Transportation efforts.
            (3) Reports.--The Secretary shall make any report or 
        recommendation developed under this section publicly available.
    (f) FACA.--The Committee shall not be subject to the requirements 
under the Federal Advisory Committee Act (5 U.S.C. App.).
    (g) Termination.--The Committee shall terminate upon the submission 
of the final report required under subsection (d)(3) unless the 
Secretary determines that the Committee should continue.

SEC. 11. HIGHLY AUTOMATED VEHICLES RULEMAKING.

    (a) In General.--The Secretary shall review and seek public comment 
on the recommendations for standards made by the Highly Automated 
Vehicles Technical Committee under section 10(d)(3).
    (b) Determination.--Not later than 1 year after the receipt of the 
recommendations referred to in subsection (a), the Secretary shall--
            (1) make a determination whether to approve one or more of 
        the recommendations, based on an identified need for motor 
        vehicle safety; and
            (2) begin a rulemaking proceeding on the recommendations 
        approved pursuant to paragraph (1) on the safety of highly 
        automated vehicles.
    (c) Rule of Construction.--Nothing in this section may be construed 
to restrict the authority of the Secretary under section 30111 of title 
49, United States Code. Any Federal motor vehicle safety standard 
adopted pursuant to this section shall meet the requirements under such 
section 30111.

SEC. 12. CONSUMER EDUCATION.

    (a) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary shall establish a working group on 
responsible education efforts for advanced driver assist systems and 
automated driving systems.
    (b) Duties.--The working group established under subsection (a) 
shall--
            (1) identify recommended education and responsible 
        marketing strategies and programs that may be voluntarily 
        employed by industry to inform consumers, vehicle owners and 
        operators, and other stakeholders about advanced driver 
        assistance systems and automated driving systems as they become 
        available or are soon to be introduced into interstate 
        commerce;
            (2) identify recommended education and responsible 
        marketing strategies that may be voluntarily employed by 
        industry to inform consumers on the comparative safety of 
        highly automated vehicle and non-highly automated vehicles 
        driven by human with respect to crashes, fatalities, and other 
        injuries (if known); and
            (3) submit a report containing the findings and 
        recommendations of the working group to Congress and making 
        such report available to the public.
    (c) Considerations.--The working group shall consider topics 
pertaining to--
            (1) intent, capabilities, and limitations of advanced 
        driver assistance systems and automated driving systems;
            (2) engagement and disengagement methods, including methods 
        to address driver engagement in lower levels of automation;
            (3) human-machine interfaces;
            (4) emergency fallback scenarios;
            (5) operational boundary responsibilities;
            (6) response in the event of a crash or system failure;
            (7) potential mechanisms that could change function 
        behavior in service;
            (8) consistent nomenclature and taxonomy for safety 
        features and systems; and
            (9) disclosure of automated driving system practices 
        pertaining to consumer data collection, privacy, and data 
        ownership.
    (d) Membership.--
            (1) In general.--The Secretary shall appoint, as members of 
        the working group, individuals with expertise in automated 
        driving systems and driver assistance systems, including--
                    (A) representatives of--
                            (i) motor vehicle manufacturers;
                            (ii) manufacturers of automated driving 
                        systems and driver assistance systems 
                        (including components);
                            (iii) motor vehicle dealers;
                            (iv) motor vehicle owners and operators, 
                        including fleet managers, vehicle rental 
                        companies, and transportation network 
                        companies;
                            (v) consumers or consumer advocacy groups;
                            (vi) automated vehicle proving grounds 
                        designated by the Department of Transportation;
                            (vii) public health organizations;
                            (viii) marketing professionals;
                            (ix) entities with national experience in 
                        consumer education, including drivers' 
                        education;
                            (x) safety organizations;
                            (xi) enabling technology companies; and
                            (xii) national cross disability 
                        organizations and national organizations 
                        representing older adults; and
                    (B) any other members the Secretary considers 
                appropriate.
            (2) Compensation.--Members of the working group shall serve 
        without compensation.
            (3) Consultation.--The Secretary shall consult with the 
        Federal Trade Commission about the recommendations of the 
        working group, as appropriate.
    (e) Termination.--The working group established under this section 
shall terminate on the date that is 2 years after the date of the 
enactment of this Act.
    (f) Rulemaking on Point of Sale Information.--Not later than 3 
years after the date of enactment of this Act, the Secretary shall 
promulgate a rule to require clear and concise information about the 
capabilities and limitations of a highly automated vehicle or an 
automated driving system to be provided to a consumer at the point of 
sale and in the vehicle owner's manual.

SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT.

    (a) Research.--The Secretary, in coordination with State and local 
transportation and highway safety entities, State and local law 
enforcement entities, and other relevant parties, shall research the 
traffic safety implications of highly automated vehicles, including--
            (1) the intersection of conventional and highly automated 
        vehicles; and
            (2) law enforcement impacts, including--
                    (A) enforcing applicable laws;
                    (B) identifying whether a vehicle was in automated 
                mode at the time of a crash;
                    (C) lawfully accessing event data information; and
                    (D) determining how a highly automated vehicle 
                should respond to law enforcement.
    (b) Coordination of Safety.--The Secretary, in coordination with 
State, local, and law enforcement agencies, may develop a process for 
State and local entities to provide information, on a voluntary basis, 
to the Secretary to assist the Department of Transportation in 
identifying defects related to motor vehicle safety of highly automated 
vehicles.
    (c) Crash Data.--Not later than 3 years after the date of the 
enactment of this Act, the Secretary shall revise the crash 
investigation data collection system to include the collection of crash 
report data elements that distinguish whether the vehicle involved in a 
crash is a highly automated vehicle, including the level of automation 
and whether the vehicle was in automated mode at the time of a crash.

SEC. 14. CYBERSECURITY.

    (a) In General.--Subchapter I of chapter 301 of title 49, United 
States Code, as amended by section 9, is further amended by adding at 
the end the following:
``Sec. 30108. Cybersecurity risks to the safety of highly automated 
              vehicles
    ``(a) Definitions.--In this section:
            ``(1) Cybersecurity incident.--The term `cybersecurity 
        incident' has the meaning given the term `incident' in section 
        227(a) of the Homeland Security Act of 2002 (6 U.S.C. 148(a)).
            ``(2) Cybersecurity risk.--The term `cybersecurity risk' 
        has the meaning given the term in section 227(a) of the 
        Homeland Security Act of 2002 (6 U.S.C. 148(a)).
            ``(3) Cybersecurity vulnerability.--The term `cybersecurity 
        vulnerability' has the meaning given the term `security 
        vulnerability' in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501).
    ``(b) Cybersecurity Plan.--
            ``(1) In general.--Each manufacturer of a highly automated 
        vehicle or automated driving system shall develop, maintain, 
        and execute a written plan for identifying and reducing 
        cybersecurity risks to the motor vehicle safety of such 
        vehicles and systems.
            ``(2) Requirements.--The plan required under paragraph (1) 
        shall include a process for--
                    ``(A) the risk-based prioritized identification and 
                protection of safety-critical vehicle control systems 
                and the broader transportation ecosystem, as 
                applicable;
                    ``(B) the efficient detection and response to 
                potential vehicle cybersecurity incidents in the field;
                    ``(C) facilitating expeditious recovery from 
                incidents as they occur;
                    ``(D) the institutionalization of methods for the 
                accelerated adoption of lessons learned across industry 
                through voluntary exchange of information pertaining to 
                cybersecurity incidents, threats, and vulnerabilities, 
                including the consideration of a coordinated 
                cybersecurity vulnerability disclosure policy or other 
                related practices for collaboration with third-party 
                cybersecurity researchers;
                    ``(E) the identification of the point of contact of 
                the manufacturer with responsibility for the management 
                of cybersecurity;
                    ``(F) the evaluation of elements of the supply 
                chain to identify and address cybersecurity 
                vulnerabilities;
                    ``(G) the use of segmentation and isolation 
                techniques in vehicle architecture design, as 
                appropriate;
                    ``(H) employee training on the implementation of 
                and compliance with the requirements under this 
                paragraph; and
                    ``(I) supporting voluntary efforts by industry and 
                standards-setting organizations to develop and identify 
                consistent standards and guidelines relating to vehicle 
                cybersecurity, consistent, and to the extent 
                appropriate, with the cybersecurity risk management 
                activities described in section 2(e) of the National 
                Institute of Standards and Technology Act (15 U.S.C. 
                272(e)).
            ``(3) Inspection.--The Secretary may inspect any 
        cybersecurity plan developed by a manufacturer under this 
        subsection to enable the Secretary to decide whether the 
        manufacturer has complied, or is complying, with this chapter 
        or a regulation prescribed or order issued pursuant to this 
        chapter.
            ``(4) Protections for disclosure.--Each manufacturer 
        required to develop, maintain, and execute a plan under 
        paragraph (1) shall develop a summary of the plan that is 
        suitable for public disclosure and disclose such summary to the 
        public.
    ``(c) Coordinated Cybersecurity Vulnerability Disclosure.--The 
Secretary may work cooperatively with manufacturers of highly automated 
vehicles and automated driving systems to incentivize manufacturers to 
voluntarily adopt a coordinated vulnerability disclosure policy and 
practice in which a security researcher privately discloses information 
related to a discovered vulnerability to a manufacturer and allows the 
manufacturer time to confirm and remediate the vulnerability--
            ``(1) so that manufacturers build relationships with 
        security researchers to mitigate cybersecurity risks; and
            ``(2) to discover and mitigate cybersecurity 
        vulnerabilities in highly automated vehicles or automated 
        driving systems that present a risk to motor vehicle safety (as 
        defined in section 30102 of title 49, United States Code).
    ``(d) Coordination.--All Federal agencies undertaking research on 
cybersecurity risks associated with highly automated vehicles shall 
coordinate with the Secretary on their findings.''.
    (b) Clerical Amendment.--The analysis for chapter 301 of title 49, 
United States Code, is amended by inserting after the item relating to 
section 30107, as added by section 9, the following:

``30108. Cybersecurity risks to the safety of highly automated 
                            vehicles.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date that is 18 months after the date of the enactment of 
this Act.

SEC. 15. HAV DATA ACCESS ADVISORY COMMITTEE.

    (a) Short Title.--This section may be cited as the ``HAV Data 
Access Advisory Committee Act''.
    (b) Definitions.--In this section:
            (1) Committee.--The term ``Committee'' means the HAV Data 
        Access Advisory Committee established pursuant to subsection 
        (d)(1).
            (2) HAV.--The term ``HAV'' means highly automated vehicle.
    (c) Federal Regulation of HAV Data Access.--
            (1) Temporary rulemaking restriction.--No department or 
        administrative agency of the Federal Government may promulgate 
        any regulation with respect to the ownership of, control of, or 
        access to, information or data stored by, or generated by, a 
        highly automated vehicle or automated driving system before the 
        report required under section (d)(4) is submitted to Congress.
            (2) Savings provisions.--Nothing in this subsection may be 
        construed to prevent the Federal Government from carrying out 
        its responsibilities under the Driver Privacy Act of 2015 (49 
        U.S.C. 30101 note).
    (d) HAV Data Access Advisory Committee.--
            (1) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Secretary shall establish the 
        HAV Data Access Advisory Committee to provide a forum for 
        stakeholders to discuss and make policy recommendations to 
        Congress with respect to the ownership of, control of, or 
        access to, information or data that vehicles collect, generate, 
        record, or store in an electronic form that is retrieved from a 
        highly automated vehicle or automated driving system.
            (2) Membership.--
                    (A) Voting members.--The Committee shall be 
                composed of the following voting members:
                            (i) The Secretary or the Secretary's 
                        designee.
                            (ii) The Chairman of the Federal Trade 
                        Commission or the Chairman's designee.
                            (iii) A representative of State 
                        governments.
                            (iv) A representative of local governments.
                            (v) A representative of metropolitan 
                        planning organizations.
                            (vi) A representative of transit agencies.
                            (vii) A representative of law enforcement.
                            (viii) A representative of HAV 
                        manufacturers.
                            (ix) A representative of HAV equipment 
                        manufacturers.
                            (x) A representative of HAV dealers.
                            (xi) A representative of aftermarket parts 
                        manufacturers, distributors, and retailers.
                            (xii) A representative of independent 
                        vehicle repairers.
                            (xiii) A representative of consumer safety 
                        advocates with privacy expertise.
                            (xiv) A representative of consumer safety 
                        advocates with safety expertise.
                            (xv) A representative of property and 
                        casualty insurers.
                            (xvi) A representative of long-term motor 
                        vehicle fleet leasing and management companies 
                        or professionals.
                            (xvii) A representative of short-term motor 
                        vehicle fleet management or rental companies.
                            (xviii) A representative of mobility on 
                        demand companies.
                            (xix) A representative of motor coach and 
                        tour bus owners.
                    (B) Non-voting members.--The Secretary may allow 
                additional interested stakeholders to attend and 
                participate in the activities of the Committee as non-
                voting members.
            (3) Meetings.--The Committee shall meet not less frequently 
        than 4 times per year.
            (4) Report.--
                    (A) In general.--Not later than 2 years after the 
                Committee is established pursuant to paragraph (1), the 
                Committee shall submit a report to the Committee on 
                Commerce, Science, and Transportation of the Senate and 
                the Committee on Energy and Commerce of the House of 
                Representatives that contains recommendations, 
                supported by at least 2/3 of all voting members. Such 
                report shall include recommendations regarding the 
                ownership of, control of, or access to, information or 
                data that vehicles collect, generate, record, or store 
                in an electronic form that is retrieved from a highly 
                automated vehicle or automated driving system, and may 
                include minority views, if applicable.
                    (B) Considerations.--When making any policy 
                recommendations, the Committee shall give appropriate 
                consideration to motor vehicle safety, intellectual 
                property protections, compliance with requirements 
                under the Motor Vehicle Safety Act, customer privacy, 
                cybersecurity, confidential business information 
                related to the mechanical or computer systems of such 
                vehicles, public safety, and transportation planning. 
                Recommendations should address--
                            (i) an owner's or registered user's 
                        personally identifiable information;
                            (ii) vehicle-generated data; and
                            (iii) vehicle interface capability.
            (5) Compensation.--Members of the Committee shall serve 
        without compensation.
            (6) Support.--The Office of Rulemaking of the National 
        Highway Traffic Safety Administration and the Bureau of 
        Consumer Protection of the Federal Trade Commission shall 
        provide support services to the Committee.
            (7) Termination.--The Committee shall terminate upon the 
        submission of the report required under paragraph (4).
    (e) GAO Study on Removal of Personal Data From Vehicle Information 
Systems.--
            (1) Study.--
                    (A) In general.--The Comptroller General of the 
                United States shall conduct a study of the technologies 
                currently available to remove data that may be 
                personally identifiable or attributable to an 
                individual from used motor vehicles upon their sale to 
                a new owner or from leased or rented vehicles at the 
                completion of the lease or rental contract.
                    (B) Uniform data removal approach.--The study 
                conducted under subparagraph (A) shall assess the 
                feasibility of adopting a uniform and simple approach 
                across vehicle brands for the removal of data described 
                in subparagraph (A) when a vehicle is sold or a lease 
                or rental ends.
                    (C) Consultation.--In conducting the study under 
                subparagraph (A), the Comptroller General shall consult 
                with--
                            (i) vehicle manufacturers;
                            (ii) consumer groups;
                            (iii) vehicle dealers, including 
                        representatives of the vehicle leasing and 
                        vehicle rental industry; and
                            (iv) other stakeholders.
            (2) Report.--Not later than 1 year after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall submit a report to the Committee on Commerce, 
        Science, and Transportation of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives that 
        contains the result of the study conducted under subsection 
        (a), including recommendations regarding--
                    (A) the feasibility of adopting a uniform data 
                removal approach; and
                    (B) legislative action that the Comptroller General 
                may consider prudent and practicable for facilitating 
                the consistent removal of data described in 
                subparagraph (A).

SEC. 16. CYBERSECURITY CONSUMER EDUCATION INFORMATION.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Secretary shall--
            (1) develop educational cybersecurity resources to assist 
        consumers in maintaining awareness of and minimizing potential 
        motor vehicle cybersecurity risks; and
            (2) ensure that the resources developed under paragraph (1) 
        are available to and readily accessible by the public on the 
        website of the National Highway Traffic Safety Administration.
    (b) Periodic Updates.--The Secretary shall periodically update the 
resources developed under subsection (a).
    (c) Consultation.--In developing the resources under subsection 
(a), the Secretary shall consult with motor vehicle industry 
representatives, safety organizations, security researchers, the 
National institute of Standards and Technology, and State and local 
government agencies that are directly or indirectly affected by this 
Act.

SEC. 17. PROVISION OF CYBERSECURITY RESOURCE INFORMATION.

    Manufacturers of motor vehicles shall include information directing 
consumers to the cybersecurity resources developed by the Secretary 
under section 16 in motor vehicle owners' manuals or on the 
manufacturer's website that is publicly available and accessible to 
consumers.

SEC. 18. HIGHLY AUTOMATED VEHICLE STUDY.

    (a) In General.--Not later than 60 days after the date of enactment 
of this Act, the Secretary shall initiate a study on the existing and 
future impacts of highly automated vehicles to transportation 
infrastructure, mobility, the environment, and fuel consumption, 
including impacts on--
            (1) the Interstate System (as defined in section 101(a) of 
        title 23, United States Code);
            (2) urban areas;
            (3) rural areas;
            (4) transit systems;
            (5) corridors with heavy traffic congestion;
            (6) energy consumption and dependence;
            (7) the connection between automated driving systems and 
        fuel consumption and emissions;
            (8) transportation systems optimization;
            (9) the role of vehicle-to-vehicle and vehicle-to-
        infrastructure communications in transportation energy use;
            (10) vehicle drivetrain selection and performance;
            (11) congestion, crash avoidance, and emissions 
        implications for States and localities; and
            (12) any other areas or issues that the Secretary 
        determines to be appropriate.
    (b) Contents of Study.--The study under subsection (a) shall 
include specific recommendations regarding the impacts of highly 
automated vehicles on--
            (1) existing transportation system capacity;
            (2) vehicle miles traveled;
            (3) vehicle emissions;
            (4) public transit and multimodal use;
            (5) energy consumption and dependence; and
            (6) land use.
    (c) Considerations.--In carrying out the study, the Secretary 
shall--
            (1) determine the need for any policy changes required by 
        Federal agencies and legislative changes to be considered by 
        Congress; and
            (2) include a discussion of--
                    (A) the impacts that highly automated vehicles will 
                place on existing transportation infrastructure, 
                including signage and markings, traffic lights, and 
                highway capacity and design;
                    (B) the implications of shared fleet and 
                alternative vehicle ownership models;
                    (C) the impact on commercial and private traffic 
                flows;
                    (D) infrastructure improvement needs that may be 
                necessary to accommodate highly automated vehicles, 
                including potential energy needs;
                    (E) the impact of highly automated vehicles on the 
                environment, energy needs, congestion, and vehicle 
                miles traveled; and
                    (F) the impact of highly automated vehicles on 
                mobility and public transit use in urban, suburban, and 
                rural areas, including pedestrian and bicycle 
                transportation modes.
    (d) Coordination.--In carrying out the study, the Secretary shall 
consider and incorporate relevant current and ongoing research of the 
Department of Transportation.
    (e) Consultation.--In carrying out the study, the Secretary shall 
convene and consult with a panel of national experts, including--
            (1) operators and users of the Interstate System (as 
        defined in section 101(a) of title 23, United States Code), 
        including private sector stakeholders;
            (2) States;
            (3) metropolitan planning organizations;
            (4) the motor carrier industry;
            (5) representatives of public transportation agencies or 
        organizations;
            (6) highway safety and academic groups;
            (7) nonprofit entities with experience in energy security 
        and transportation policy;
            (8) National Laboratories (as defined in section 2 of the 
        Energy Policy Act of 2005 (42 U.S.C. 15801));
            (9) environmental stakeholders; and
            (10) highly automated vehicle producers, manufacturers, and 
        technology developers.
    (f) Report.--Not later than 18 months after the date on which the 
study under subsection (a) is initiated, the Secretary shall submit to 
Congress a report on the results of the study.
    (g) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the panel convened in accordance with subsection (e).

SEC. 19. STUDY ON ENCOURAGING MANUFACTURING IN THE UNITED STATES OF 
              AUTOMATED DRIVING EQUIPMENT AND INTELLIGENT 
              TRANSPORTATION SOLUTIONS.

    (a) In General.--The Secretary shall conduct a study on ways to 
encourage manufacturing in the United States of automated driving 
equipment, intelligent transportation solutions, and other equipment, 
including hardware and processors.
    (b) Recommendations.--In conducting the study required by 
subsection (a), the Secretary shall develop recommendations for methods 
to incentivize manufacturing in the United States of automated driving 
equipment, intelligent transportation solutions, and other equipment, 
including hardware and processors, including through the use of grant 
programs and other funding sources.

SEC. 20. PRIVACY PROTECTIONS FOR USERS OF MOTOR VEHICLES.

    (a) Motor Vehicle Privacy Database.--Beginning not later than 1 
year after the date of enactment of this Act, the Administrator of 
NHTSA shall--
            (1) create a publicly accessible and easily searchable 
        online database that contains the information described in 
        subsection (c); and
            (2) place a link to the database described in paragraph (1) 
        on the home page of NHTSA's website.
    (b) Contents.--The database described in subsection (b)(1) shall 
contain--
            (1) a description of the information, including personally 
        identifiable information, that will be collected about 
        individuals during the operation of motor vehicles;
            (2) an explanation of how the information referred to in 
        paragraph (1), and the conclusions drawn from such information, 
        will be used, disclosed, and otherwise handled, including--
                    (A) how the collection or retention of such 
                information that is unrelated to the operation of the 
                motor vehicle use will be minimized;
                    (B) the period during which such information will 
                be retained; and
                    (C) when and how such information, including 
                information no longer relevant to the specified use, 
                will be destroyed;
            (3) steps that will be used to protect against the 
        unauthorized disclosure of any personally identifiable 
        information, such as the use of encryption methods and other 
        security features; and
            (4) the privacy policies of manufacturers of motor 
        vehicles, including whether consumers will have the right to 
        stop the collection, use, distribution, or sale of their 
        personally identifiable information.

SEC. 21. CHILD SAFETY.

    (a) Amendment.--
            (1) In general.--Chapter 323 of title 49, United States 
        Code, is amended by adding after section 32304A the following:
``Sec. 32304B. Child safety
    ``(a) Definitions.--In this section:
            ``(1) Passenger motor vehicle.--The term `passenger motor 
        vehicle' has the meaning given that term in section 32101.
            ``(2) Rear designated seating position.--The term `rear 
        designated seating position' means designated seating positions 
        that are rearward of the front seat.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Transportation.
    ``(b) Rulemaking.--Not later than 2 years after the date of the 
enactment of the American Vision for Safer Transportation through 
Advancement of Revolutionary Technologies Act, 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 a 
system to alert the operator to check rear designated seating positions 
after the vehicle engine or motor is deactivated by the operator.
    ``(c) Means.--The alert required under subsection (b)--
            ``(1) shall include a distinct auditory and visual alert, 
        which may be combined with a haptic alert; and
            ``(2) shall be activated when the vehicle motor is 
        deactivated by the operator.
    ``(d) Add-on Child Restraint Systems.--In issuing the final rule 
required by subsection (b), the Secretary shall consider additional 
technologies that work with add-on child restraint systems that achieve 
the same purpose of alerting the driver in addition to the vehicle-
based system.
    ``(e) Phase-in.--The rule issued pursuant to subsection (b) shall 
require full compliance with the rule beginning on September 1st of the 
first calendar year that begins more than 30 months after the date on 
which the final rule is issued.''.
            (2) Clerical amendment.--The analysis for chapter 323 of 
        title 49, United States Code, is amended by striking the item 
        relating to section 32304A and inserting the following:

``32304A. Consumer tire information and standards.
``32304B. Child safety.''.
    (b) Awareness of Children in Motor Vehicles.--Section 402 of title 
23, United States Code, is amended by inserting after subsection (k) 
the following:
    ``(l) Unattended Passengers.--
            ``(1) In general.--Each State may use a portion of the 
        amounts it receives under this section to carry out a program 
        to educate the public on the risks of leaving a child or 
        unattended passenger in a vehicle after the vehicle motor is 
        deactivated by the operator.
            ``(2) Program placement.--A State does not need to carry 
        out the program described in paragraph (1) through the State 
        transportation or highway safety office.''.
    (c) Study and Report.--
            (1) Independent study.--
                    (A) Agreement.--
                            (i) In general.--The Secretary shall enter 
                        into an agreement or a contract with an 
                        independent third-party that does not have any 
                        financial or contractual ties with passenger 
                        motor vehicle manufacturers or technology 
                        companies producing child reminder alert 
                        systems to perform the services under this 
                        paragraph.
                            (ii) Timing.--The Secretary shall enter 
                        into the agreement or contract described in 
                        clause (i) not later than the date that the 
                        Secretary determines is the latest date by 
                        which completion of the services under this 
                        paragraph will allow the Secretary enough time 
                        to prepare and submit the study required under 
                        paragraph (2) in accordance with such 
                        paragraph.
                    (B) Independent study.--
                            (i) In general.--Under an agreement between 
                        the Secretary and an independent third-party 
                        under this paragraph, the independent third-
                        party shall carry out a study on retrofitting 
                        existing passenger motor vehicles, and add-on 
                        child restraint systems, with technology to 
                        address the problem of children left in rear 
                        designated seating positions of motor vehicles 
                        after the motor vehicles have been deactivated 
                        by the operator of the vehicle.
                            (ii) Elements.--In carrying out the study 
                        required under clause (i), the independent 
                        third-party shall--
                                    (I) survey and evaluate a variety 
                                of methods used by current and emerging 
                                aftermarket technology or products, 
                                including add-on child restraint 
                                systems, to solve the problem of 
                                children being left in a rear 
                                designated seating position after the 
                                vehicle motor is deactivated by the 
                                operator;
                                    (II) make recommendations for 
                                manufacturers of such technology or 
                                products to undergo a functional safety 
                                performance to ensure that the 
                                products, including add-on child 
                                restraint systems, perform as designed 
                                by the manufacturer under a variety of 
                                real world conditions; and
                                    (III) provide recommendations for 
                                consumers on how to select such 
                                technology or products in order to 
                                retrofit existing vehicles and for add-
                                on child restraint systems.
            (2) Report.--During the 180-day period beginning on the 
        date on which the Secretary issues the final rule required 
        under section 32304B(b) of title 49, United States Code, as 
        added by subsection (a)(1), the Secretary shall submit the 
        results of the study carried out under paragraph (1) to the 
        Committee on Commerce, Science, and Transportation of the 
        Senate and the Committee on Energy and Commerce of the House of 
        Representatives.

SEC. 22. SAVINGS PROVISION.

    Nothing in this Act may be construed to alter any existing 
authority under subtitle VI of title 49, United States Code, relating 
to motor vehicles with a gross vehicle weight of 10,001 pounds or more.
                                                       Calendar No. 268

115th CONGRESS

  1st Session

                                S. 1885

                          [Report No. 115-187]

_______________________________________________________________________

                                 A BILL

     To support the development of highly automated vehicle safety 
                 technologies, and for other purposes.

_______________________________________________________________________

                           November 28, 2017

                       Reported with an amendment