[Congressional Record Volume 163, Number 143 (Wednesday, September 6, 2017)]
[House]
[Pages H6667-H6677]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SAFELY ENSURING LIVES FUTURE DEPLOYMENT AND RESEARCH IN VEHICLE
EVOLUTION ACT
Mr. LATTA. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 3388) to provide for information on highly automated driving
systems to be made available to prospective buyers, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 3388
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safely
Ensuring Lives Future Deployment and Research In Vehicle
Evolution Act'' or the ``SELF DRIVE Act''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. NHTSA authority and State preemption for autonomous motor
vehicles.
Sec. 4. Updated or new motor vehicle safety standards for highly
automated vehicles.
Sec. 5. Cybersecurity of automated driving systems.
Sec. 6. General exemptions.
Sec. 7. Motor vehicle testing or evaluation.
Sec. 8. Information on highly automated driving systems made available
to prospective buyers.
Sec. 9. Highly Automated Vehicle Advisory Council.
Sec. 10. Rear seat occupant alert system.
Sec. 11. Headlamps.
Sec. 12. Privacy plan required for highly automated vehicles.
Sec. 13. Definitions.
SEC. 2. PURPOSE.
The purpose of this Act is to memorialize the Federal role
in ensuring the safety of highly automated vehicles as it
relates to design, construction, and performance, by
encouraging the testing and deployment of such vehicles.
SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR AUTONOMOUS
MOTOR VEHICLES.
Section 30103 of title 49, United States Code, is amended--
[[Page H6668]]
(1) by amending subsection (b) to read as follows:
``(b) Preemption.--
``(1) Highly automated vehicles.--No State or political
subdivision of a State may maintain, enforce, prescribe, or
continue in effect any law or regulation regarding the
design, construction, or performance of highly automated
vehicles, automated driving systems, or components of
automated driving systems unless such law or regulation is
identical to a standard prescribed under this chapter.
``(2) Motor vehicle standard.--When a motor vehicle safety
standard is in effect under this chapter, a State or
political subdivision of a State may prescribe or continue in
effect a standard applicable to the same aspect of
performance of a motor vehicle or motor vehicle equipment
only if the standard is identical to the standard prescribed
under this chapter.
``(3) Rules of construction.--
``(A) In general.--Nothing in this subsection may be
construed to prohibit a State or a political subdivision of a
State from maintaining, enforcing, prescribing, or continuing
in effect any law or regulation regarding registration,
licensing, driving education and training, insurance, law
enforcement, crash investigations, safety and emissions
inspections, congestion management of vehicles on the street
within a State or political subdivision of a State, or
traffic unless the law or regulation is an unreasonable
restriction on the design, construction, or performance of
highly automated vehicles, automated driving systems, or
components of automated driving systems.
``(B) Motor vehicle dealers.--Nothing in this subsection
may be construed to prohibit a State or political subdivision
of a State from maintaining, enforcing, prescribing, or
continuing in effect any law or regulation regarding the
sale, distribution, repair, or service of highly automated
vehicles, automated driving systems, or components of
automated driving systems by a dealer, manufacturer, or
distributor.
``(C) Conformity with federal law.--Nothing in this
subsection shall be construed to preempt, restrict, or limit
a State or political subdivision of a State from acting in
accordance with any other Federal law.
``(4) Higher performance requirement.--However, the United
States Government, a State, or a political subdivision of a
State may prescribe a standard for a motor vehicle, motor
vehicle equipment, highly automated vehicle, or automated
driving system obtained for its own use that imposes a higher
performance requirement than that required by the otherwise
applicable standard under this chapter.
``(5) State enforcement.--A State may enforce a standard
that is identical to a standard prescribed under this
chapter.''; and
(2) by amending subsection (e) to read as follows:
``(e) Common Law Liability.--
``(1) In general.--Compliance with a motor vehicle safety
standard prescribed under this chapter does not exempt a
person from liability at common law.
``(2) Rule of construction.--Nothing in this section shall
be construed to preempt common law claims.''.
SEC. 4. UPDATED OR NEW MOTOR VEHICLE SAFETY STANDARDS FOR
HIGHLY AUTOMATED VEHICLES.
(a) In General.--Chapter 301 of subtitle VI of title 49,
United States Code, is amended by inserting after section
30128 the following new section:
``Sec. 30129. Updated or new motor vehicle safety standards
for highly automated vehicles
``(a) Safety Assessment Certification.--
``(1) Final rule.--Not later than 24 months after the date
of the enactment of this section, the Secretary of
Transportation shall issue a final rule requiring the
submission of safety assessment certifications regarding how
safety is being addressed by each entity developing a highly
automated vehicle or an automated driving system. Such rule
shall include--
``(A) a specification of which entities are required to
submit such certifications;
``(B) a clear description of the relevant test results,
data, and other contents required to be submitted by such
entity, in order to demonstrate that such entity's vehicles
are likely to maintain safety, and function as intended and
contain fail safe features, to be included in such
certifications; and
``(C) a specification of the circumstances under which such
certifications are required to be updated or resubmitted.
``(2) Interim requirement.--Until the final rule issued
under paragraph (1) takes effect, safety assessment letters
shall be submitted to the National Highway Traffic Safety
Administration as contemplated by the Federal Automated
Vehicles Policy issued in September 2016, or any successor
guidance issued on highly automated vehicles requiring a
safety assessment letter.
``(3) Periodic review and updating.--Not later than 5 years
after the date on which the final rule is issued under
paragraph (1), and not less frequently than every 5 years
thereafter, the Secretary shall--
``(A) review such rule; and
``(B) update such rule if the Secretary considers it
necessary.
``(4) Rules of construction.--
``(A) No conditions on deployment.--Nothing in this
subsection may be construed to limit or affect the
Secretary's authority under any other provision of law. The
Secretary may not condition deployment or testing of highly
automated vehicles on review of safety assessment
certifications.
``(B) No new authorities.--No new authorities are granted
to the Secretary under this section other than the
promulgation of the rule pursuant to paragraph (1).
``(5) Review and research.--To accommodate the development
and deployment of highly automated vehicles and to ensure the
safety and security of highly automated vehicles and motor
vehicles and others that will share the roads with highly
automated vehicles, not later than 180 days after the date of
the enactment of this section, the Secretary shall--
``(A) initiate or continue a review of the Federal motor
vehicle safety standards in effect on such date of enactment;
and
``(B) initiate or continue research regarding new Federal
motor vehicle safety standards.
``(b) Rulemaking and Safety Priority Plan.--
``(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretary shall make available
to the public and submit to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
rulemaking and safety priority plan, as necessary to
accommodate the development and deployment of highly
automated vehicles and to ensure the safety and security of
highly automated vehicles and motor vehicles and others that
will share the roads with highly automated vehicles, to--
``(A) update the motor vehicle safety standards in effect
on such date of enactment;
``(B) issue new motor vehicle safety standards; and
``(C) consider how objective ranges in performance
standards could be used to test motor vehicle safety
standards, which safety standards would be appropriate for
such testing, and whether additional authority would
facilitate such testing.
``(2) Inclusion of priorities.--
``(A) Priorities.--The plan required by paragraph (1) shall
detail the overall priorities of the National Highway Traffic
Safety Administration for the 5 years following the issuance
of the plan, including both priorities with respect to highly
automated vehicles and priorities with respect to other
safety initiatives of the Administration, in order to meet
the Nation's motor vehicle safety challenges.
``(B) Identification of elements that may require
standards.--For highly automated vehicles, the National
Highway Traffic Safety Administration should identify
elements that may require performance standards including
human machine interface, sensors, and actuators, and consider
process and procedure standards for software and
cybersecurity as necessary.
``(3) Periodic updating.--The plan required by paragraph
(1) shall be updated every 2 years, or more frequently if the
Secretary considers it necessary.
``(4) Rulemaking proceedings on updated or new motor
vehicle safety standards.--
``(A) In general.--Not later than 18 months after the date
of enactment of this section, the Secretary shall initiate
the first rulemaking proceeding in accordance with the
rulemaking and safety priority plan required by paragraph
(1).
``(B) Prioritization of subsequent proceedings.--The
Secretary shall continue initiating rulemaking proceedings in
accordance with such plan. The Secretary may change at any
time those priorities to address matters the Secretary
considers of greater priority. If the Secretary makes such a
change, the Secretary shall complete an interim update of the
priority plan, make such update available to the public, and
submit such update to the Committee on Energy and Commerce of
the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.''.
(b) Clerical Amendment.--The analysis for chapter 301 of
subtitle VI of title 49, United States Code, is amended by
inserting after the item relating to section 30128 the
following new item:
``30129. Updated or new motor vehicle safety standards for highly
automated vehicles.''.
SEC. 5. CYBERSECURITY OF AUTOMATED DRIVING SYSTEMS.
(a) In General.--Chapter 301 of subtitle VI of title 49,
United States Code, is amended by inserting after section
30129 (as added by section 4) the following new section:
``Sec. 30130. Cybersecurity of automated driving systems
``(a) Cybersecurity Plan.--A manufacturer may not sell,
offer for sale, introduce or deliver for introduction into
commerce, or import into the United States, any highly
automated vehicle, vehicle that performs partial driving
automation, or automated driving system unless such
manufacturer has developed a cybersecurity plan that includes
the following:
``(1) A written cybersecurity policy with respect to the
practices of the manufacturer for detecting and responding to
cyber attacks, unauthorized intrusions, and false and
spurious messages or vehicle control commands. This policy
shall include--
``(A) a process for identifying, assessing, and mitigating
reasonably foreseeable vulnerabilities from cyber attacks or
unauthorized intrusions, including false and spurious
messages and malicious vehicle control commands; and
``(B) a process for taking preventive and corrective action
to mitigate against vulnerabilities in a highly automated
vehicle or a vehicle that performs partial driving
automation, including incident response plans, intrusion
detection and prevention systems that safeguard key controls,
systems, and procedures through testing or monitoring, and
updates to such process based on changed circumstances.
``(2) The identification of an officer or other individual
of the manufacturer as the point of contact with
responsibility for the management of cybersecurity.
``(3) A process for limiting access to automated driving
systems.
[[Page H6669]]
``(4) A process for employee training and supervision for
implementation and maintenance of the policies and procedures
required by this section, including controls on employee
access to automated driving systems.
``(b) Effective Date.--This section shall take effect 180
days after the date of enactment of this section.''.
(b) Enforcement Authority.--Section 30165(a)(1) of title
49, United States Code, is amended by inserting ``30130,''
after ``30127,''.
(c) Clerical Amendment.--The analysis for chapter 301 of
subtitle VI of title 49, United States Code, is amended by
inserting after the item relating to section 30129 (as added
by section 4) the following new item:
``30130. Cybersecurity of automated driving systems.''.
SEC. 6. GENERAL EXEMPTIONS.
Section 30113 of title 49, United States Code, is amended--
(1) in subsection (b)(3)(B)--
(A) in clause (iii), by striking ``; or'' and inserting a
semicolon;
(B) in clause (iv), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(v) the exemption would make easier the development or
field evaluation of--
``(I) a feature of a highly automated vehicle providing a
safety level at least equal to the safety level of the
standard for which exemption is sought; or
``(II) a highly automated vehicle providing an overall
safety level at least equal to the overall safety level of
nonexempt vehicles.'';
(2) in subsection (c), by adding at the end the following:
``(5) if the application is made under subsection
(b)(3)(B)(v) of this section--
``(A) such development, testing, and other data necessary
to demonstrate that the motor vehicle is a highly automated
vehicle; and
``(B) a detailed analysis that includes supporting test
data, including both on-road and validation and testing data
showing (as applicable) that--
``(i) the safety level of the feature at least equals the
safety level of the standard for which exemption is sought;
or
``(ii) the vehicle provides an overall safety level at
least equal to the overall safety level of nonexempt
vehicles.'';
(3) in subsection (d), by striking ``A manufacturer is
eligible'' and all that follows and inserting the following:
``(1) Eligibility under subsection (b)(3)(B)(i).--A
manufacturer is eligible for an exemption under subsection
(b)(3)(B)(i) of this section (including an exemption under
subsection (b)(3)(B)(i) relating to a bumper standard
referred to in subsection (b)(1)) only if the Secretary
determines that the manufacturer's total motor vehicle
production in the most recent year of production is not more
than 10,000.
``(2) Eligibility under subsection (b)(3)(B)(iii).--A
manufacturer is eligible for an exemption under subsection
(b)(3)(B)(iii) of this section only if the Secretary
determines the exemption is for not more than 2,500 vehicles
to be sold in the United States in any 12-month period.
``(3) Eligibility under subsection (b)(3)(B)(ii), (iv), or
(v).--A manufacturer is eligible for an exemption under
subsection (b)(3)(B)(ii), (iv), or (v) of this section only
if the Secretary determines the exemption is for not more
than 100,000 vehicles per manufacturer to be sold, leased, or
otherwise introduced into commerce in the United States in
any 12-month period.
``(4) Limitation on number of vehicles exempted.--All
exemptions granted to a manufacturer under subsections
(b)(3)(B)(i) through (v) shall not exceed a total of (i)
25,000 vehicles manufactured within the first 12-month
period, (ii) 50,000 vehicles manufactured within the second
12-month period, (iii) 100,000 vehicles manufactured within
the third 12-month period, and, (iv) 100,000 vehicles
manufactured within the fourth 12-month period. Any renewals
under subsections (b)(3)(B)(i) through (v) shall not exceed a
total of 100,000 vehicles manufactured within a 12-month
period.'';
(4) in subsection (e), by striking ``An exemption or
renewal'' and all that follows and inserting the following:
``(1) Exemption under subsection (b)(3)(B)(i).--An
exemption or renewal under subsection (b)(3)(B)(i) of this
section may be granted for not more than 3 years.
``(2) Exemption under subsection (b)(3)(B)(iii).--An
exemption or renewal under subsection (b)(3)(B)(iii) this
section may be granted for not more than 2 years.
``(3) Exemption under subsection (b)(3)(B)(ii), (iv), or
(v).--An exemption or renewal under subsection (b)(3)(B)(ii),
(iv), or (v) of this section may be granted for not more than
4 years.''; and
(5) by adding at the end the following:
``(i) Limitation on Certain Exemptions.--No exemption from
crashworthiness standards of motor vehicle safety standards
shall be granted under subsection (b)(3)(B)(v) until the
Secretary issues the safety assessment certification rule
pursuant to section 30129(a) and the rulemaking and safety
priority plan pursuant to section 30129(b) and one year has
passed from the date by which the Secretary has issued both
such rule and such plan. This subsection shall not apply to
exemptions from occupant protection standards if the
exemption is for a vehicle that will not carry its operator
or passengers. This subsection shall not apply to exemptions
from crashworthiness standards if the exemption sought is for
a standard addressing the steering control system and it is
for a vehicle that--
``(1) will not have a steering control system;
``(2) provides impact protection to an occupant in the
front left seat at a level at least equal to the level
provided in nonexempt vehicles; and
``(3) provides a safety level at least equal to the safety
level of the standard for which the exemption is sought.
``(j) Reporting Requirement.--A manufacturer granted an
exemption under subsection (b)(3)(B)(ii), (iv), or (v), shall
provide information about all crashes of which it has actual
knowledge involving such exempted vehicles, regardless of
whether a claim is submitted to the manufacturer, in
accordance with part 579 of title 49, Code of Federal
Regulations.
``(k) Process and Analysis.--
``(1) In general.--Not later than 180 days after the date
of enactment of this subsection, the Secretary of
Transportation shall publish in the Federal Register a notice
that details the process and analysis used for the
consideration of exemption or renewal applications under
subsection (b)(3)(B)(v).
``(2) Periodic review and updating.--The notice required by
paragraph (1) shall be reviewed every 5 years and updated if
the Secretary considers it necessary.
``(l) Exemption Database.--
``(1) In general.--The Secretary shall establish a publicly
available and searchable electronic database of each motor
vehicle for which an exemption from motor vehicle safety
standards prescribed under this chapter or a bumper standard
prescribed under chapter 325 has been granted.
``(2) Vehicle identification number.--The database
established under paragraph (1) shall be searchable by
Vehicle Identification Number and shall include no
information identifying the vehicle owner.''.
SEC. 7. MOTOR VEHICLE TESTING OR EVALUATION.
Section 30112(b)(10) of title 49, United States Code, is
amended--
(1) by striking ``that prior to the date of enactment of
this paragraph'';
(2) in subparagraph (A), by striking ``motor vehicles into
the United States that are certified'' and inserting ``into
the United States motor vehicles that are certified, or motor
vehicle equipment utilized in a motor vehicle that is
certified,'';
(3) in subparagraph (C), by striking the period at the end
and inserting ``; or'';
(4) by redesignating subparagraphs (A) through (C) as
clauses (i) through (iii), respectively, and moving their
margins 2 ems to the right;
(5) by striking ``evaluation by a manufacturer that agrees
not to sell or offer for sale'' and inserting the following:
``evaluation by--
``(A) a manufacturer that agrees not to sell or lease or
offer for sale or lease''; and
(6) by adding at the end the following:
``(B) a manufacturer of highly automated vehicles,
automated driving systems, or components of automated driving
systems that agrees not to sell or lease or offer for sale or
lease the highly automated vehicles, automated driving
systems, or components of automated driving systems at the
conclusion of the testing or evaluation and--
``(i) has submitted to the Secretary--
``(I) the name of the individual, partnership, corporation,
or institution of higher education and a point of contact;
``(II) the residence address of the individual,
partnership, corporation, or institution of higher education
and State of incorporation if applicable;
``(III) a description of each type of motor vehicle used
during development of highly automated vehicles, automated
driving systems, or components of automated driving systems
manufactured by the individual, partnership, corporation, or
institution of higher education; and
``(IV) proof of insurance for any State in which the
individual, partnership, corporation, or institution of
higher education intends to test or evaluate highly automated
vehicles; and
``(ii) if applicable, has identified an agent for service
of process in accordance with part 551 of title 49, Code of
Federal Regulations.''.
SEC. 8. INFORMATION ON HIGHLY AUTOMATED DRIVING SYSTEMS MADE
AVAILABLE TO PROSPECTIVE BUYERS.
(a) Research.--Not later than 3 years after the date of
enactment of this Act, the Secretary of Transportation shall
complete research to determine the most effective method and
terminology for informing consumers for each highly automated
vehicle or a vehicle that performs partial driving automation
about the capabilities and limitations of that vehicle. The
Secretary shall determine whether such information is based
upon or includes the terminology as defined by SAE
International in Recommended Practice Report J3016 (published
September 2016) or whether such description should include
alternative terminology.
(b) Rulemaking.--After the completion of the study required
under subsection (a), the Secretary shall initiate a
rulemaking proceeding to require manufacturers to inform
consumers of the capabilities and limitations of a vehicle's
driving automation system or feature for any highly automated
vehicle or any vehicle that performs partial driving
automation.
SEC. 9. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL.
(a) Establishment.--Subject to the availability of
appropriations, not later than 6 months after the date of
enactment of this Act, the Secretary of Transportation shall
establish in the National Highway Traffic Safety
Administration a Highly Automated Vehicle Advisory Council
(hereinafter referred to as the ``Council'').
(b) Membership.--Members of the Council shall include a
diverse group representative of business, academia and
independent researchers, State and local authorities, safety
and consumer advocates, engineers, labor organizations,
environmental experts, a representative of the
[[Page H6670]]
National Highway Traffic Safety Administration, and other
members determined to be appropriate by the Secretary. Any
subcommittee of the Council shall be composed of not less
than 15 and not more than 30 members appointed by the
Secretary.
(c) Terms.--Members of the Council shall be appointed by
the Secretary of Transportation and shall serve for a term of
three years.
(d) Vacancies.--Any vacancy occurring in the membership of
the Council shall be filled in the same manner as the
original appointment for the position being vacated. The
vacancy shall not affect the power of the remaining members
to execute the duties of the Council.
(e) Duties and Subcommittees.--The Council may form
subcommittees as needed to undertake information gathering
activities, develop technical advice, and present best
practices or recommendations to the Secretary regarding--
(1) advancing mobility access for the disabled community
with respect to the deployment of automated driving systems
to identify impediments to their use and ensure an awareness
of the needs of the disabled community as these vehicles are
being designed for distribution in commerce;
(2) mobility access for senior citizens and populations
underserved by traditional public transportation services and
educational outreach efforts with respect to the testing and
distribution of highly automated vehicles in commerce;
(3) cybersecurity for the testing, deployment, and updating
of automated driving systems with respect to supply chain
risk management, interactions with Information Sharing and
Analysis Centers and Information Sharing and Analysis
Organizations, and a framework for identifying and
implementing recalls of motor vehicles or motor vehicle
equipment;
(4) the development of a framework that allows
manufacturers of highly automated vehicles to share with each
other and the National Highway Traffic Safety Administration
relevant, situational information related to any testing or
deployment event on public streets resulting or that
reasonably could have resulted in damage to the vehicle or
any occupant thereof and validation of such vehicles in a
manner that does not risk public disclosure of such
information or disclosure of confidential business
information;
(5) labor and employment issues that may be affected by the
deployment of highly automated vehicles;
(6) the environmental impacts of the deployment of highly
automated vehicles, and the development and deployment of
alternative fuel infrastructure alongside the development and
deployment of highly automated vehicles;
(7) protection of consumer privacy and security of
information collected by highly automated vehicles;
(8) cabin safety for highly automated vehicle passengers,
and how automated driving systems may impact collision
vectors, overall crashworthiness, and the use and placement
of airbags, seatbelts, anchor belts, head restraints, and
other protective features in the cabin;
(9) the testing and deployment of highly automated vehicles
and automated driving systems in areas that are rural,
remote, mountainous, insular, or unmapped to evaluate
operational limitations caused by natural geographical or
man-made features, or adverse weather conditions, and to
enhance the safety and reliability of highly automated
vehicles and automated driving systems used in such areas
with such features or conditions; and
(10) independent verification and validation procedures for
highly automated vehicles that may be useful to safeguard
motor vehicle safety.
(f) Report to Congress.--The recommendations of the Council
shall also be reported to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate.
(g) Federal Advisory Committee Act.--The establishment and
operation of the Council and any subcommittees of the Council
shall conform to the requirements of the Federal Advisory
Committee Act (5 U.S.C. App.).
(h) Technical Assistance.--On request of the Council, the
Secretary shall provide such technical assistance to the
Council as the Secretary determines to be necessary to carry
out the Council's duties.
(i) Detail of Federal Employees.--On the request of the
Council, the Secretary may detail, with or without
reimbursement, any of the personnel of the Department of
Transportation to the Council to assist the Council in
carrying out its duties. Any detail shall not interrupt or
otherwise affect the civil service status or privileges of
the Federal employee.
(j) Payment and Expenses.--Members of the Council shall
serve without pay, except travel and per diem will be paid
each member for meetings called by the Secretary.
(k) Termination.--The Council and any subcommittees of the
Council shall terminate 6 years after the date of enactment
of this Act.
SEC. 10. REAR SEAT OCCUPANT ALERT SYSTEM.
(a) In General.--Chapter 301 of subtitle VI of title 49,
United States Code, is amended by inserting after section
30130 (as added by section 5) the following new section:
``Sec. 30131. Rear seat occupant alert system
``(a) Rulemaking Required.--Not later than 2 years after
the date of enactment of this section, the Secretary shall
issue a final rule requiring all new passenger motor vehicles
weighing less than 10,000 pounds gross vehicle weight to be
equipped with an alarm system to alert the operator to check
rear designated seating positions after the vehicle motor or
engine is deactivated by the operator.
``(b) Phase-in.--The rule issued pursuant to subsection (a)
shall require full compliance with the rule beginning on
September 1st of the calendar year that begins 2 years after
the date on which the final rule is issued.
``(c) Definitions.--For purposes of this section--
``(1) the term `passenger motor vehicle' has the meaning
given that term in section 32101; and
``(2) the term `rear designated seating position' means any
designated seating position that is rearward of the front
seat.''.
(b) Clerical Amendment.--The analysis for chapter 301 of
subtitle VI of title 49, United States Code, is amended by
inserting after the item relating to section 30130 (as added
by section 5) the following new item:
``30131. Rear seat occupant alert system.''.
SEC. 11. HEADLAMPS.
(a) Safety Research Initiative.--Not later than 2 years
after the date of enactment of this Act, the Secretary of
Transportation shall complete research into the development
of updated motor vehicle safety standards or performance
requirements for motor vehicle headlamps that would improve
the performance of headlamps and improve overall safety.
(b) Rulemaking or Report.--
(1) Rulemaking.--After the completion of the research
required by subsection (a), the Secretary shall initiate a
rulemaking proceeding to revise the motor vehicle safety
standards regarding headlamps if the Secretary determines
that a revision of the standards meets the requirements and
considerations set forth in subsections (a) and (b) of
section 30111 of title 49, United States Code.
(2) Report.--If the Secretary determines that a revision to
the standard described in paragraph (1) does not meet the
requirements and considerations set forth in such
subsections, the Secretary shall submit a report describing
the reasons for not revising the standard to the Committee on
Energy and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate.
SEC. 12. PRIVACY PLAN REQUIRED FOR HIGHLY AUTOMATED VEHICLES.
(a) Privacy Plan.--A manufacturer may not sell, offer for
sale, introduce or deliver for introduction in interstate
commerce, or import into the United States, any highly
automated vehicle, vehicle that performs partial driving
automation, or automated driving system unless the
manufacturer has developed a privacy plan that includes the
following:
(1) A written privacy plan with respect to the collection,
use, sharing, and storage of information about vehicle owners
or occupants collected by a highly automated vehicle, vehicle
that performs partial driving automation, or automated
driving system. Such policy shall include the following:
(A) The practices of the manufacturer with respect to the
way that information about vehicle owners or occupants is
collected, used, shared, or stored.
(B) The practices of the manufacturer with respect to the
choices offered to vehicle owners or occupants regarding the
collection, use, sharing, and storage of such information.
(C) The practices of the manufacturer with respect to the
data minimization, de-identification, and retention of
information about vehicle owners or occupants.
(D) The practices of the manufacturer with respect to
extending its privacy plan to the entities it shares such
information with.
(2) A method for providing notice to vehicle owners or
occupants about the privacy policy.
(3) If information about vehicle owners or occupants is
altered or combined so that the information can no longer
reasonably be linked to the highly automated vehicle, vehicle
that performs partial driving automation, or automated
driving system from which the information is retrieved, the
vehicle owner, or occupants, the manufacturer is not required
to include the process or practices regarding that
information in the privacy policy.
(4) If information about an occupant is anonymized or
encrypted the manufacturer is not required to include the
process or practices regarding that information in the
privacy policy.
(b) Study.--The Federal Trade Commission shall conduct a
study and submit a report to the Committee on Energy and
Commerce of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate on the
highly automated vehicle marketplace, including an
examination of the following issues:
(1) Which entities in the ecosystem have access to vehicle
owner or occupant data.
(2) Which entities in the highly automated vehicle
marketplace have privacy plans.
(3) What are the terms and disclosures made in such privacy
plans, including regarding the collection, use, sharing, and
storage of vehicle owner or occupant data.
(4) What disclosures are made to consumers about such
privacy plans.
(5) What methods are available to enable deletion of
information about vehicle owners or occupants from any data
storage system within the vehicle (other than a system that
is critical to the safety or operation of the vehicle) before
the vehicle is sold, leased, or rented, or otherwise occupied
by a new owner or occupant.
(c) Federal Trade Commission Enforcement.--A violation of
subsection (a) shall be treated as a an unfair or deceptive
act or practice within the meaning of section 5(a)(1) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(1)). The
Federal Trade Commission shall enforce this section in the
same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(d) Effective Date.--This section shall take effect 180
days after the date of enactment of
[[Page H6671]]
this section and shall only apply to highly automated
vehicles, vehicles that perform partial driving automation,
or automated driving systems first introduced after the
effective date of this section.
SEC. 13. DEFINITIONS.
(a) Amendments to Title 49, United States Code.--Section
30102 of title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (8), (9), (10), (11), (12),
(13), (15), (16), and (17), respectively;
(B) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) `automated driving system' means the hardware and
software that are collectively capable of performing the
entire dynamic driving task on a sustained basis, regardless
of whether such system is limited to a specific operational
design domain.'';
(C) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) `dynamic driving task' means all of the real time
operational and tactical functions required to operate a
vehicle in on-road traffic, excluding the strategic functions
such as trip scheduling and selection of destinations and
waypoints, and including--
``(A) lateral vehicle motion control via steering;
``(B) longitudinal vehicle motion control via acceleration
and deceleration;
``(C) monitoring the driving environment via object and
event detection, recognition, classification, and response
preparation;
``(D) object and event response execution;
``(E) maneuver planning; and
``(F) enhancing conspicuity via lighting, signaling, and
gesturing.
``(7) `highly automated vehicle'--
``(A) means a motor vehicle equipped with an automated
driving system; and
``(B) does not include a commercial motor vehicle (as
defined in section 31101).'';
(D) by inserting after paragraph (13) (as so redesignated)
the following:
``(14) `operational design domain' means the specific
conditions under which a given driving automation system or
feature thereof is designed to function.''; and
(E) by adding at the end the following:
``(18) `vehicle that performs partial driving automation'
does not include a commercial motor vehicle (as defined in
section 31101).''; and
(2) by adding at the end the following:
``(c) Revisions to Certain Definitions.--
``(1) If SAE International (or its successor organization)
revises the definition of any of the terms defined in
paragraph (1), (6), or (14) of subsection (a) in Recommended
Practice Report J3016, it shall notify the Secretary of the
revision. The Secretary shall publish a notice in the Federal
Register to inform the public of the new definition unless,
within 90 days after receiving notice of the new definition
and after opening a period for public comment on the new
definition, the Secretary notifies SAE International (or its
successor organization) that the Secretary has determined
that the new definition does not meet the need for motor
vehicle safety, or is otherwise inconsistent with the
purposes of this chapter. If the Secretary so notifies SAE
International (or its successor organization), the existing
definition in subsection (a) shall remain in effect.
``(2) If the Secretary does not reject a definition revised
by SAE International (or its successor organization) as
described in paragraph (1), the Secretary shall promptly make
any conforming amendments to the regulations and standards of
the Secretary that are necessary. The revised definition
shall apply for purposes of this chapter. The requirements of
section 553 of title 5 shall not apply to the making of any
such conforming amendments.
``(3) Pursuant to section 553 of title 5, the Secretary may
update any of the definitions in paragraph (1), (6), or (14)
of subsection (a) if the Secretary determines that materially
changed circumstances regarding highly automated vehicles
have impacted motor vehicle safety such that the definitions
need to be updated to reflect such circumstances.''.
(b) Definitions in This Act.--As used in this Act--
(1) the term ``automated driving system'' has the meaning
given such term in subsection (a) of section 30102 of title
49, United States Code, subject to any revisions made to the
definition of such term pursuant to subsection (c) of such
section;
(2) the term ``highly automated vehicle'' has the meaning
given such term in subsection (a) of section 30102 of title
49, United States Code, not subject to any revision under
subsection (c) of such section; and
(3) the term ``vehicle that performs partial driving
automation'' has the meaning given such term in subsection
(a) of section 30102 of title 49, United States Code, not
subject to any revision under subsection (c) of such section.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Ohio (Mr. Latta) and the gentlewoman from Illinois (Ms. Schakowsky)
each will control 20 minutes.
The Chair recognizes the gentleman from Ohio.
General Leave
Mr. LATTA. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks and
insert extraneous material in the Record.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Ohio?
There was no objection.
Mr. LATTA. Mr. Speaker, I yield 4 minutes to the gentleman from
Oregon (Mr. Walden), who is the chairman of the Energy and Commerce
Committee, and I would like to thank him for all the work he has done
on this bill.
Mr. WALDEN. Mr. Speaker, I want to thank my colleagues on both sides
of the aisle who have put enormous work into that, all the members of
the committee, and especially Mr. Latta for his great leadership.
Today marks a really important milestone in the pursuit to make our
roadways safer and support American leadership in self-driving
innovation. So the SELF DRIVE Act, H.R. 3388, is something we can all
support.
Simply put, the rapidly advancing technology behind highly autonomous
vehicles is stunning. I speak from some experience because a few months
ago I got the opportunity to ride in a self-driving car with engineers
and experienced a vehicle perform without any need for human
intervention.
Though we can look to a future that fulfills the promise of these
innovations, we cannot ignore the current troubling trend in the number
of lives that are lost on our roadways in America. Given the latest
roadway fatality numbers, this technology is especially needed today.
Almost 40,000 people lost their lives on our roads last year. That
represents another yearly increase in traffic-related fatalities. In my
own State of Oregon, traffic fatalities were the highest they have seen
in 14 years--up 20 percent from the prior year.
Statistics tell us 94 percent of accidents relate to human behavior.
During our morning commute into work, just look around. We see folks on
their phones in the cars next to us doing other things. While the
National Highway Traffic Safety Administration can't write a safety
standard to make us all perfect drivers, it can work to avoid
lifesaving technologies to avoid collisions. That is part of what this
bipartisan legislation will put in place.
This bill is also about ensuring America stays a global leader in the
development of self-driving technology. After all, the auto industry is
responsible for more than 7 million American jobs nationwide and drives
more than $900 billion into the economy each year. We want to see these
numbers grow, we want this innovation to occur here, and we want to
bring greater traffic safety to our roadways.
Additionally, self-driving cars hold the promise of better access to
transportation for our Nation's 47 million senior citizens, 27 million
Americans with severe disabilities, and the many communities across the
country underserved by public transportation.
For Americans to enjoy all these benefits, we needed to put together
a framework that is national and will drive it, and that is what this
bill does.
I want to commend Mr. Latta, Ms. Schakowsky, Mr. Upton, Mrs. Dingell,
and my friend, Frank Pallone, the ranking member on the committee, for
all their great work on this legislation. We can be proud of the
product the Energy and Commerce Committee has brought to the floor.
Mr. Speaker, I urge people to support H.R. 3388.
Ms. SCHAKOWSKY. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of the bipartisan approach to
autonomous vehicles reflected in the SELF DRIVE Act. As ranking member
of the Digital Commerce and Consumer Protection Subcommittee, I have
been so pleased to be able to work with Chairman Latta to reach
agreements on the legislation before the House today. It is not the
bill I think that either one of us would have written on our own, but
it does reflect a bipartisan agreement that we reached after months of
negotiation, and I appreciate that very much.
Autonomous vehicles have great potential to improve safety on our
roads by reducing accidents caused by human error, which most accidents
are. My goal throughout this process has been to make sure that this
technology is deployed safely and that we also advance existing safety
technologies.
The SELF DRIVE Act lays out a framework for the National Highway
Traffic Safety Administration, NHTSA,
[[Page H6672]]
to promote safe adoption of AVs. Mandatory safety assessment
certifications will ensure that NHTSA receives the data that it needs
to evaluate safety as autonomous vehicles appear on our roads. Within a
year of enactment, NHTSA will lay out a priority plan for what new
safety standards need to be written and which existing standards must
be updated. In addition, the bill requires manufacturers to write
cybersecurity and consumer privacy plans as they develop AV technology.
The legislation allows for exemptions to existing vehicle safety
standards. For example, there may be some vehicles that really don't
need a steering wheel. It is hard to imagine now. But we ensure that
NHTSA explains its process for granting any safety exemptions. The
maximum number of exemptions per automobile will scale up
incrementally.
To receive an exemption, a manufacturer must show equivalent safety,
a manufacturer must report crashes involving exempted vehicles, and
exempted vehicles must be listed in a public database.
This bill also has safety improvements that go beyond autonomous
vehicles. NHTSA will work to improve the performance of headlamps. In 2
years, NHTSA will issue a rule requiring an alert system to warn
drivers if a child or pet is left in the backseat. Already this year,
37 children have died from heatstroke after being left in hot cars.
This hot cars provision, which Congressman Tim Ryan, Congressman Peter
King, and I introduced as a standalone bill, will save lives.
A broad range of stakeholders have been involved and will be involved
in the future of self-driving workers. That is why we set up an
advisory council which will include industry, academics, labor, State
and local government, consumer advocates, and environmental experts.
As self-driving cars are developed, we must examine critical issues.
Will seniors and people with disabilities share in the benefits of
autonomous vehicles? Ensuring accessibility may require further policy
changes. We also need to grapple with the disruption self-driving cars
may cause in employment. Even though this legislation generally
excludes commercial vehicles--and additional clarity may be needed--
self-driving cars may displace workers who make their livelihoods
behind the wheel.
Once the House passes this bill, I look forward to working with
stakeholders and our Senate colleagues to send consensus legislation to
the President's desk. I believe we could go further to improve consumer
safety and strengthen protections to put consumers in control of their
data. We must also keep working to refine the Federal, State, and local
roles in ensuring safe roads and protecting access to courts when
necessary.
Mr. Speaker, today's vote is the next step in that process. I urge my
colleagues to vote in favor of the SELF DRIVE Act, and I reserve the
balance of my time.
Mr. LATTA. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, first, let me just thank the gentlewoman from Illinois,
the ranking member on the subcommittee, for her hard work on the
legislation. I really appreciate it.
Mr. Speaker, I am pleased to rise in support of H.R. 3388, the SELF
DRIVE Act, which we advanced out of the Energy and Commerce Committee
on a unanimous, bipartisan vote of 54-0 in July. This compromise
legislation aims to improve consumer safety by reducing traffic-related
fatalities and injuries, clarify the Federal and State roles, and
stimulate job growth and economic opportunities.
Many of you have heard these roadway safety statistics, but they
again bear repeating. Each year, approximately 6 million Americans are
involved in car accidents resulting in nearly 2 million injuries.
Ninety-four percent of the accidents are attributed to human errors or
decisions. In 2016 approximately 40,000 people lost their lives on U.S.
highways. Sadly, in my home State of Ohio, traffic deaths have been on
the rise over the last few years.
We have an opportunity today to support and promote the safe testing
and deploying of this life-saving technology. U.S. companies are
investing major resources in the research and development of this
technology and should not be held up by regulatory barriers that were
created when self-driving cars were science fiction. We must act, and
we must act now.
The SELF DRIVE Act establishes a streamlined path for the testing,
development, and deployment of self-driving cars in the United States.
While this technology is currently being tested in certain parts of the
country, there are limits to who can test and what technology can be
used in cars today. Federal motor vehicle safety standards need to be
updated because self-driving cars may not have the traditional steering
wheels and brake pedals that all cars have today.
Additionally, this legislation maximizes opportunities for research
and development here in the United States to create jobs and grow
economic opportunities so that the United States can remain a global
leader in this industry. With this legislation, innovation can flourish
without the heavy hand of government.
Finally, this legislation will enhance the ability of our senior
citizens, the disability community, and individuals in underserved
communities enjoy more mobility and live more independently.
This legislation is the first of its kind, focused on the car of the
future that is more of a supercomputer on wheels. This issue started
with our good friend and colleague, Dr. Burgess, who held the first
disrupter series hearing on self-driving cars last Congress.
Again, we would also not be where we are today if it weren't for the
leadership of Chairperson Walden and the great working relationship and
cooperation of Ranking Member Pallone, Ranking Member Schakowsky, and
Ranking Member Dingell, as well as our many cosponsors. I appreciate
their comments, suggestions, and input.
We have held multiple hearings, technology showcases, and real-life
demonstrations for our committee's members to learn about the
opportunities and challenges presented by self-driving cars.
I also want to acknowledge the stakeholders who have been willing to
work with us. The automotive industry is a competitive and vibrant
marketplace and touches every congressional district in the country.
{time} 1130
In the process of drafting and marking up this legislation, we had
over 300 meetings with automakers, tech companies, suppliers, trade
associations, the disability community, senior State transportation
leaders, and, last but not least, the National Highway Traffic Safety
Administration.
Safety should and always will be our number one priority. We have
said and will continue to say: Safety first, safety last, safety
always. I truly believe this bill will make a real difference for
everyday Americans.
In closing, I want to thank our great staff for their hard work late
nights and weekends to get us where we are to this historic vote.
Mr. Speaker, I reserve the balance of my time.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 3 minutes to the gentleman from
New Jersey (Mr. Pallone), the ranking member of the Energy and Commerce
Committee, and I thank him for his support.
Mr. PALLONE. Mr. Speaker, I rise in support of H.R. 3388, the SELF
DRIVE Act.
I want to start by thanking Chairmen Walden and Latta, Ranking Member
Schakowsky, and the other members of the Energy and Commerce Committee
for all their work to reach a bipartisan agreement on this bill.
Self-driving cars have the potential in the future to reduce deaths
and injuries from car crashes, particularly those that result from
driver distraction. This bill allows for testing and deployment of
self-driving cars to help the United States reach that potential
sooner.
This legislation also includes important provisions that ensure
safety is the top priority as self-driving cars are developed. For
example, the National Highway Traffic Safety Administration will be
required to issue rules and new safety standards for highly automated
vehicles.
The auto industry will be required to submit safety assessment
certifications that detail how their vehicles
[[Page H6673]]
are tested and function on the road. We also insist that any
manufacturer entering this market must have cybersecurity and privacy
practices in place before their cars are sold.
Self-driving cars will not come all at once. Human drivers will be on
the roads for the foreseeable future. So this bill also contains
legislative initiatives geared toward protecting drivers and
passengers, including requirements to ensure kids are not forgotten in
hot cars and that all new cars have the latest technology in their
headlamps.
It also ensures NHTSA is able to consider whether a car functions as
intended, not just whether it meets a specific standard. We also
encourage NHTSA to come up with a plan on how it can alter testing
using ranges so that cars cannot be built just to meet a particular
test.
This bill is not perfect. It is a bipartisan compromise and a product
of what we can accomplish when we work together. As this bill moves to
the Senate, I remain committed to continuing bipartisan efforts to
address any issues and to ensure that safety is not compromised.
I want to thank, again, all of the key leaders on both the Democratic
and Republican side for making this happen today.
Mr. LATTA. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Michigan (Mr. Upton), chairman of the Energy Subcommittee on the Energy
and Commerce Committee.
Mr. UPTON. Mr. Speaker, I rise in support of this bill, H.R. 3388,
the SELF DRIVE Act. This legislation and technology is, indeed, going
to play a very important role in improving motor vehicle safety and
addressing the rising number of traffic-related fatalities.
As the birthplace of the automobile industry, my home State of
Michigan is a well-known home to innovative suppliers and manufacturers
that make our cars and trucks safer, more efficient, and, yes, more
affordable. It is also a nexus of engineering and research talent,
which makes it perfect for the development of the next phase of
vehicular mobility: autonomous vehicles. It is here.
In 2015, more than 35,000 folks lost their lives on U.S. highways.
Early estimates indicate that number may have increased to more than
40,000 last year. In Michigan, there were 1,064 traffic facilities, a 7
percent increase over the previous year. NHTSA has found that 94
percent of these fatalities are related to human error.
This legislation on autonomous vehicles, which includes the PAVE Act,
authored by myself and my good friend from Michigan, Debbie Dingell,
will go a long way to taking human error out of driving and making
roads safer for every American.
Forget about ``The Jetsons.'' It is over. The future of the
automobile is here, and this bill will give the automotive industry the
tools it needs to completely revolutionize how we are going to get
around for generations to come.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman
from California (Ms. Matsui), a member of the Digital Commerce and
Consumer Protection Subcommittee and a major contributor to this
legislation.
Ms. MATSUI. Mr. Speaker, I rise today in support of the SELF DRIVE
Act. With this legislation, we have the opportunity to unlock
autonomous vehicle innovation and help improve the quality of life for
millions.
Today, so many of our neighbors, friends, and family face mobility
challenges. Many seniors and people with disabilities are not able to
use a car to do errands, go to doctor appointments, and visit loved
ones. For millions of people who travel our roads, this technology has
the potential to prevent accidents and save lives. That is why we must
act to put policies in place that allow AVs to be tested and deployed,
with an emphasis on consumer protections.
In my home district of Sacramento and across California, we recognize
the promise of AV technology and are developing a pathway for its safe
testing and deployment. Sacramento's ATOS lab aims to foster a public-
private consortium of government agencies and AV companies by
leveraging Sacramento's 5G network, an ideal location. The legislation
we are considering today allows California to continue to lead, while
protecting roadway safety.
With the SELF DRIVE Act, we are preserving the important AV
deployment work happening at the State level and also creating the
foundation for a strong Federal framework to build on our progress and
protect drivers and pedestrians.
I am also pleased that this bill contains language on legislation I
introduced, the MORE Act, which ensures technology companies, auto
manufacturers, and new market entrants are on a level playing field for
testing AVs.
Just as the development of the personal computer has revolutionized
our daily lives, so, too, will the employment of autonomous vehicle
technology.
This legislation, which passed the Energy and Commerce Committee
unanimously, puts us on a path towards innovation that, up until
recently, seemed unimaginable. I look forward to working with my
colleagues on both sides of the aisle as we work together to move this
legislation forward.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from Texas
(Mr. Burgess), chairman of the Health Subcommittee on the Energy and
Commerce Committee.
Mr. BURGESS. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the country has stood, first, in awe of the power that
was unleashed on the Texas-Louisiana coast, and then in admiration of
constituents up and down the Texas and Louisiana coast as they face
this difficulty and work together to get through it.
This bill today is also a product of people working together. Through
at least two sessions of Congress we have now come with self-driving
vehicle legislation that is going to change our economy.
This bill will allow developers room to grow, while making certain
that the technology is safe for consumers. This act will create jobs
and ensure that we remain the global leader in innovation. Most
importantly, the self-driving vehicle legislation has the ability to
save lives.
Throughout my life, I have seen the lifesaving effects of
advancements in vehicle technology, starting with the seat belt, to the
air bag, to antilock brakes. Self-driving vehicles are the next step in
this trajectory.
The Energy and Commerce Committee has dedicated a lot to this
technology and its ability to save lives, and, certainly, the last term
of Congress, the Commerce, Manufacturing, and Trade Subcommittee that
Mr. Latta now chairs. I am proud to see the product of our work come to
the floor.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman
from California (Ms. Eshoo), a member of the Energy and Commerce
Committee.
Ms. ESHOO. Mr. Speaker, I thank the gentlewoman from Illinois for
yielding and for her leadership and work on the great Energy and
Commerce Committee in the House.
My congressional district is home to the engineers, innovators, and
developers who are pioneering the technologies that are transitioning
us to a driverless world. That is why I support H.R. 3388, and it is my
hope that the regulatory framework established by this bill is going to
ensure that the United States of America is the leader in the world's
next great revolution in transportation. I believe that we are, that we
will be, and that this bill boosts the effort.
Throughout committee consideration of this bill, I stressed the need
for bipartisanship on this issue so that the American people would have
confidence in the steps that we were taking. And so it is. It is, I
think, in the spirit of the original Federal automotive safety
standards that passed Congress nearly unanimously in 1966.
This bill was improved significantly in the committee, and the final
bill, very importantly, preserves the role that States have played to
regulate matters such as vehicle registration, licensing, insurance,
and liability, while, at the Federal level, ensuring that manufacturers
submit safety certifications to NHTSA, placing the agency on the path
toward issuing full safety standards for autonomous vehicles.
The bill also includes my language to require a study of the
environmental impacts of autonomous vehicles, as well as the
intersection between autonomous and electric vehicles. The AV
[[Page H6674]]
revolution is happening on top of the ongoing electrification
revolution, and I think the AV advisory council can provide important
insight to Congress, States, and localities about how to support
growing these fleets.
For all these reasons and more, Mr. Speaker, I urge all House Members
to support H.R. 3388. I think it deserves unanimous support, as it did
in our committee, and that this will be good for America and keep us in
a leadership position on the all-important issues that are established
by this bill.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from
Mississippi (Mr. Harper), vice chairman of the Digital Commerce and
Consumer Protection Subcommittee of the Energy and Commerce Committee.
Mr. HARPER. Mr. Speaker, I rise in support of H.R. 3388, the SELF
DRIVE Act.
The bipartisan bill we are considering today is vital not only to all
Americans, but especially individuals with disabilities.
My wife, Sidney, and I have an adult son, Livingston, who has special
needs. He wants to go everywhere. He has a job Monday through Friday,
but he can't drive, so he is dependent on his family and friends to get
him around. In the disability community, the lack of transportation is
the number one obstacle to employment and security in society.
I previously introduced the Disability Mobility Advisory Council Act,
which creates a forum for individuals with disabilities to work with
manufacturers, suppliers, and regulators to identify impediments and
ways in which the needs of this community can best be met by self-
driving car technology. I appreciate the chairman including the general
intent of my bill in the SELF DRIVE Act.
Self-driving vehicles can open the door for the disability community
to access new job markets and opportunities and to have an even more
active role in our society.
I urge support of this bill.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Michigan (Mrs. Dingell), a member of the Digital Commerce and
Consumer Protection Subcommittee and someone who has put in a lot of
time and effort on this legislation.
Mrs. DINGELL. Mr. Speaker, I thank my colleague, Congresswoman Jan
Schakowsky, for yielding and for her leadership on making this happen,
as well as thanking Chairman Latta, Chairman Walden, Ranking Member
Pallone, and my good friend Fred Upton from Michigan.
The hard work here has gotten us to the point where we are today. The
SELF DRIVE Act is going to improve our economy and save lives on the
road.
Passing this bill today means we are one step closer to signing a
responsible framework for the deployment of highly automated vehicles
into law. It means we are going to improve mobility for seniors and
people with disabilities, reduce congestion on the road, improve energy
consumption, and, as everyone has said, actually improve safety on the
road.
{time} 1145
More than 35,000 people died on our roadways. And as you heard Mr.
Upton say, we are hearing 40,000 self-driving cars has the promise to
save lives when 90 percent of those are by human error, but only if we
get it right. And that is why it is so important that we study these
issues and do this the right way.
Our legislation ensures that safety is at the forefront by requiring
manufacturers to submit safety assessment certifications before one
self-driving vehicle hits the road. It also requires that
manufacturers, for the very first time, submit a plan for how we will
address both cybersecurity and data privacy. It is moving the needle
forward on safety while providing a reactive and flexible framework for
the regulation of self-driving cars.
Today we are one step closer to reshaping American innovation for
generations to come. We cannot let this opportunity slip by us. It is
essential to ensure the future of American innovation because this is
fundamentally an issue of American competitiveness.
Automated vehicles are going to be developed, whether we want it or
not, and it is a question about whether we are going to remain in the
driver's seat and not secede it to China or India or Western Europe.
The SELF DRIVE Act steers us in the right direction on these
important issues.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from New
Jersey (Mr. Lance).
Mr. LANCE. Mr. Speaker, I rise today in strong support of the SELF
DRIVE Act. This groundbreaking work of the Energy and Commerce
Committee is the first major step toward establishing a clear legal and
regulatory framework for autonomous vehicle deployment.
Self-driving cars are going to transform many aspects of American
life and our economy. Autonomous vehicle technology will spur job
creation while increasing productivity, accessibility, and safety for
consumers across the country.
The potential benefits are tremendous. Those with limited mobility
will have new transportation options, and self-driving cars can reverse
the rising trend of distracted and impaired drivers, road accidents,
and highway fatalities. Autonomous vehicles can help turn the tide.
Innovators are waiting to jump into this exciting new market. We need
to be their partners in this 21st century groundbreaking achievement.
I thank Chairman Latta and Ranking Member Schakowsky for leading this
bipartisan effort through the U.S. House. Let's drive into the future.
I urge a ``yes'' vote.
Ms. SCHAKOWSKY. Mr. Speaker, I am now pleased to yield 2 minutes to
the gentlewoman from the great State of New York (Ms. Clarke), a member
of our subcommittee.
Ms. CLARKE of New York. Mr. Speaker, I rise to support H.R. 3388, the
SELF DRIVE Act. As you may know, autonomous vehicles are the wave of
the future, and they are here now.
As innovative technology for these vehicles develop, our Nation's
transportation system will be transformed, decreasing the number of
traffic collisions, enhancing mobility for the elderly, disabled, and
poor, and lowering fuel consumption.
My constituents in the Ninth Congressional District of New York will
benefit greatly from autonomous vehicles, which will allow for smarter,
faster, and more fuel-efficient travel.
I am pleased that proper cybersecurity protections are included in
the legislation. As you may know, cybersecurity protections for self-
driving vehicles is of great interest, particularly in today's
environment, to ensure that these vehicles not only meet technological
challenges, but there is a plan in place to meet public safety
standards and prevent and tackle potential hacks and/or terrorism.
I am so pleased that H.R. 3407, the legislation I introduced with
Congressman Adam Kinzinger is included in H.R. 3388. The cybersecurity
portion of the bill requires manufacturers to develop a written
cybersecurity policy. Within the cybersecurity policy, manufacturers
would address the following: one, a process for identifying, assessing,
and mitigating reasonable foreseeable vulnerabilities from cyber
attacks or unauthorized intrusions; and two, a process for taking
preventive and corrective action to mitigate against these
vulnerabilities, including incident response plans, intrusion
detection, and prevention systems that safeguard key controls, systems,
and procedures through testing and/or monitoring.
This legislation requires companies to develop a more comprehensive
cybersecurity plan, which can mitigate, correct, intersect, and
identify imminent threats. Fostering consumer confidence will include
ensuring an established system built to protect sensitive information
in our technological age. I am pleased to be a Member of this
committee.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from
Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Mr. Speaker, I rise today in support of the SELF DRIVE
Act, which will improve transportation safety, stimulate economic
growth, and ensure we are embracing the full potential of technological
advances in the automotive industry with respect to autonomous
vehicles.
I am especially proud that my bill, the ACCESS Act, has been included
in this important legislative package, which ensures that self-driving
cars are
[[Page H6675]]
developed with seniors and the underserved in mind.
Approximately 20 percent of Floridians are over the age of 65, and
many struggle with simple tasks most of us take for granted, such as
getting to work, going to the doctor, taking a trip to the grocery
store or across town to visit family.
Self-driving cars hold the power to safely put seniors and our
constituents back in the driver's seat of their lives, providing them
with greater independence and mobility. I urge all my colleagues to
support the passage of this very important bill.
Ms. SCHAKOWSKY. Mr. Speaker, I am pleased to yield 2 minutes to the
gentleman from California (Mr. McNerney), my colleague on the Energy
and Commerce Committee.
Mr. McNERNEY. Mr. Speaker, this has been a bipartisan effort. It has
been good. We made some progress. I want to say a few things, though.
I am proud to be a cosponsor of the SELF DRIVE Act. This legislation
puts us on a path towards safely deploying autonomous vehicles. I am
glad to see that it has strong bipartisan support.
Autonomous vehicles offer many benefits, including tremendous
lifesaving potential. Approximately 40,000 people are killed on our
highways every year in deadly automobile accidents. About 3,600 of
those accidents took place in my home State of California.
AVs can also transform mobility for millions of people who otherwise
face difficulty driving, such as seniors and those with disabilities,
including 3.8 million veterans in our country living with service-
connected disabilities. That is more than 17 percent of veterans in
this country.
AVs can help connect underserved communities, as well as reduce
traffic congestion on our roads, and increase our Nation's productivity
and competitiveness in the global economy.
While I am glad that we are taking these steps for this legislation
today, our work cannot stop here. As the technology evolves, we must
ensure that the benefits are being maximized for consumers. This means
making sure that the vehicles are safely and appropriately tested, that
strong consumer privacy and cybersecurity protections are in place, and
that we are fully preparing Americans for the new employment
opportunities that this industry will create.
Ms. SCHAKOWSKY. Mr. Speaker, may I ask how much time I have
remaining?
The SPEAKER pro tempore. The gentlewoman from Illinois has 3\1/2\
minutes remaining. The gentleman from Ohio has 7\1/2\ minutes
remaining.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from
Indiana (Mr. Bucshon).
Mr. BUCSHON. Mr. Speaker, self-driving cars, once a providence of
science fiction, are quickly becoming a reality. Self-driving vehicle
technology has the potential to increase access to transportation in
our rural communities, freedom for those unable to drive today, and
improved safety for thousands of Hoosiers and other citizens across the
country.
Furthermore, development of this innovative technology maintains
America's technological leadership in the world and presents new
economic opportunities for our citizens.
The SELF DRIVE Act creates a regulatory framework to allow for self-
driving vehicle technology to continue moving forward while also
ensuring consumers are protected.
I ask my colleagues to join me today and vote in favor of this
bipartisan package.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 1 minute to the Congressman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Mr. Speaker, I am pleased to join my colleagues on
the floor of the House dealing with autonomous vehicles. I think this
is one of the most important issues that nobody is really focused on. I
wish it were not on the suspension calendar and we had a chance to
spend several hours discussing it here.
What you have done is forge a bipartisan coalition to be able to
leapfrog going forward, to be able to not just focus on safety, but how
autonomous vehicles have the opportunity to reshape the American
landscape dealing with recovering right-of-way and being able to have
new economic opportunities.
But this must be done right. The fact that ``Driver'' is the number 1
category of employment for men without a college education, means there
could be some problems here. If we don't do it right, we can actually
increase congestion rather than decrease it.
But I think you have established the framework to allow us to go
forward, to be able to capitalize on this innovation, to be able to
accelerate American leadership and avoid the problem we had with drones
where the FAA was not really capable of dealing with drones which were
more like flying cell phones than dealing with jets. You are trying to
lay a foundation that I think is going to help us avoid that problem,
and it is going to pay dividends for years to come.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from
Oklahoma (Mr. Mullin).
Mr. MULLIN. Mr. Speaker, the House today will vote on an important
piece of Federal legislation regarding self-driving vehicles that many
on this body on both sides of the aisle have worked on.
This legislation promises to make roads safer by reducing traffic-
related fatalities and unlock new economic opportunities and jobs in
the U.S. It is also vital in our efforts to promote innovation.
Industry is driving the development of self-driving vehicles, but in
certain situations, companies building and testing the car of the
future may need some flexibility or certainty.
With this legislation, I hope the research, development, and testing
that is unleashed will stimulate additional knowledge and innovation
for passenger motor safety.
We, as the government, need to make sure that safety is first and
foremost in our consideration. Passing this legislation will help get
lifesaving technology to the public, perhaps preventing deaths in the
not-so-near future.
I strongly support this bipartisan legislation, and I urge my
colleagues to do the same.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Texas (Ms. Eddie Bernice Johnson), the ranking member of the Science,
Space, and Technology Committee.
Ms. EDDIE BERNICE JOHNSON of Texas. Mr. Speaker, let me thank the
majority and minority of the Energy and Commerce Committee for bringing
this unanimous legislation to the floor on self-driving vehicles, which
are revolutionizing the way we conceptualize travel.
Self-driving cars have the potential to lower our infrastructure and
mobility costs, enhance safety on our roads, and enhance mobility in
our cities.
However, like any complex technology, self-driving cars pose new
challenges for the regulatory landscape and our labor markets. That is
why I am pleased to support H.R. 3388, the SELF DRIVE Act, which seeks
to foster innovation in this space while offering protection for
consumers.
The SELF DRIVE Act is one of the many important bills that will need
to be considered by Congress in order to define Federal and State
regulatory roles, provide the U.S. Department of Transportation the
tools it needs to update safety standards, and ensure that the American
people are not left behind as we transition to a 21st century
workforce. Particularly, I am pleased to see that H.R. 3388 allows the
creation of the Highly Automated Vehicle Advisory Council.
Mr. Speaker, self-driving vehicles are revolutionizing the way that
we conceptualize travel. Self-driving cars have the potential to lower
our infrastructure and mobility costs, enhance safety on our roads, and
enhance mobility within our cities. However, like any complex
technology, self-driving cars pose new challenges for the regulatory
landscape and our labor markets. That is why I am pleased to support
H.R. 3388--the SELF DRIVE Act, which seeks to foster innovation in this
space while offering protection for consumers.
The SELF DRIVE Act is one of many important bills that will need to
be considered by Congress in order to define federal and state
regulatory roles, provide the U.S. Department of Transportation the
tools it needs to update safety standards, and ensure that the American
people are not left behind as we transition to a 21st Century
workforce. In particular, I am pleased to see that H.R. 3388 allows for
the creation of a Highly Automated Vehicle Advisory Council, which can
properly consider the labor and employment issues that may be affected
by the deployment of highly automated vehicles.
[[Page H6676]]
I have been working on separate legislation to create a new
retraining program for workers who are displaced from their jobs due to
the adoption of autonomous vehicle technology. I am very grateful for
Representative Joe Barton and Representative Bob Latta's staff for
working with my office to craft and refine that legislation. I believe
that we are getting closer to a final product, which will ultimately
recognize the inevitable changes to the labor market that this country
will experience in the face of automated technologies.
Mr. Speaker, I am pleased to support H.R. 3388. I know that members
of the Energy & Commerce Committee have worked tirelessly to bring this
measure to the floor after hundreds of meetings with relevant
stakeholders. I encourage my colleagues to support this bill and look
forward to working cooperatively with members on other bills that will
address other aspects of self-driving vehicles and the ramifications
that will have on our economy and our country.
{time} 1200
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Mrs. Mimi Walters).
Mrs. MIMI WALTERS of California. Mr. Speaker, I rise today in support
of H.R. 3388, the SELF DRIVE Act, which will help advance the
deployment of self-driving vehicles by allowing testing of this life-
changing technology.
Back home in Orange County, long commutes and congestion are a way of
life. Sadly, traffic accidents, often fatal, are also a daily
occurrence in my district and across the country.
Some predict self-driving vehicles could save 300,000 lives each
decade. In Orange County alone, the deployment of this technology could
save the lives of 150 people every year.
I am especially proud that a piece of legislation I drafted, the MORE
Act, is included in the SELF DRIVE Act. The MORE Act will help advance
self-driving vehicle technology because it allows new entrants to the
automobile industry, such as tech and ride-hailing companies, to test
this lifesaving technology on public roads.
The SELF-DRIVE Act has the potential to make our roads safer,
alleviate congestion, and improve mobility for seniors and individuals
with disabilities.
I urge my colleagues to support this legislation.
Ms. SCHAKOWSKY. Mr. Speaker, I yield 1 minute to the gentleman from
Ohio (Mr. Ryan), the sponsor and my partner on the HOT CARS Act,
included in this legislation.
Mr. RYAN of Ohio. Mr. Speaker, I thank the gentlewoman for yielding.
Mr. Speaker, I also thank the chairman from Bowling Green, Ohio, home
of the Harvard of the Midwest, Bowling Green State University, and
Ranking Member Schakowsky for including the language, as she said, for
the HOT CARS Act.
We lose about 37 children a year who accidentally get left in the
backseat of a car when a parent or grandparent accidentally forgets
that they are there, they change their routine, and 37 kids a year pass
away. It is one of the most tragic circumstances we have to deal with
in this country. Ms. Schakowsky and I, along with Peter King from New
York, have championed this bill. I just want to say thank you for
including it in here.
These cars get hot fast, up to 125 degrees. This allows the companies
now to put sensors in there. When we leave our keys in the car or when
we leave our lights on, we get a ding or a bell. Now we will know if
someone is in the backseat. There will be an alert that the car
companies will put into the cars to allow us to recognize and prevent
37 deaths a year.
Mr. Speaker, I thank the chairman for working in a bipartisan way,
and thank Ranking Member Schakowsky for her leadership. She has been
championing this a long time, and I appreciate it.
Mr. LATTA. Mr. Speaker, I yield 1 minute to the gentleman from
Pennsylvania (Mr. Costello).
Mr. COSTELLO of Pennsylvania. Mr. Speaker, I rise today in support of
the SELF DRIVE Act. With over 127,000 vehicle crashes in Pennsylvania
in 2015, advances in deploying self-driving technology are critical to
helping make our roads safer.
Importantly, self-driving cars can also increase mobility for seniors
and individuals with disabilities and can reduce carbon emissions.
As with many innovations, we must recognize the importance of safety,
including cybersecurity vulnerabilities, when it comes to self-driving
cars.
Provisions of my cybersecurity legislation, which were included as
part of the bill we are voting on today, directs the Secretary of
Transportation to create a Federal advisory council on cybersecurity.
The council will be responsible for gathering information and providing
advice related to the cybersecurity of self-driving vehicles, and it
will ensure both public and private sector stakeholders are
communicating about cybersecurity concerns before they become a crisis.
Mr. Speaker, I thank Chairman Walden, Chairman Latta, and staff for
their work to bring this bill to the floor.
Ms. SCHAKOWSKY. Mr. Speaker, in closing, let me just say some thank
yous. I thank the chairman of our subcommittee, Chairman Latta, for his
great work. I also thank Chairman Walden, and, of course, all of the
staff on his side of the aisle for their work to help us reach this
bipartisan agreement. I especially want to thank them for the inclusion
of the HOT CARS legislation.
Mr. Speaker, I thank Ranking Member Pallone on our side and also
thank Michelle Ash, Lisa Goldman, Caroline Paris-Behr, and my staff,
Matt Hayward, for their great work on the subcommittee on this
legislation.
We will continue working together to send consensus legislation. I
appreciate the opportunity to work with Chairman Latta and to get this
to the floor today as a suspension bill.
Mr. Speaker, I yield back the balance of my time.
Mr. LATTA. Mr. Speaker, again, I thank the gentlewoman, the ranking
member on the subcommittee, for all of her hard work on this
legislation. Again, we wouldn't be here without the bipartisanship that
we had on this piece of legislation.
Also, again, I want to thank our staff. There were a lot of weekends
and nights that they put in to make sure that we got this bill to where
we are today.
But, again, as has been mentioned today, we have been talking about
what this legislation is going to do. We have been looking at safety,
cybersecurity, privacy, making sure that some folks in the community
right now who aren't able to get out, some of our senior population,
and those with disabilities, have the ability to be able to get around
to go to jobs and go to the grocery store.
The legislation has been a culmination of a lot of work over two
sessions. Again, I want to thank Dr. Burgess for his hard work that he
did in the last Congress as the chairman of the subcommittee.
Mr. Speaker, I yield back the balance of my time.
Mr. LIPINSKI. Mr. Speaker, I rise in support of H.R. 3388, the SELF
DRIVE Act. Connected and automated vehicles are a rapidly evolving
technology that are novel today, but will be a reality tomorrow. This
legislation will provide the auto industry, consumers, and policymakers
with the certainty they need to advance automated vehicle technology.
Automated vehicles have the potential to increase safety, improve
mobility, and decrease congestion while improving the efficiency of our
transportation network.
As the co-chairman of the Congressional Unmanned Systems Caucus and
an engineer, I have for the past three years been convening automated
vehicle stakeholders to discuss the policy issues related to the
development and deployment of these new technologies. In addition, I
authored the Future TRIP Act during the 114th Congress. Key provisions
of that bill, including the establishment of a regional transportation
center to study automated vehicles were passed into law in the FAST
Act. It is imperative that we maintain the United States'
manufacturing.
I commend my colleagues on the Energy and Commerce Committee for
their bipartisan work on this important legislation. The SELF DRIVE Act
includes language will promote industry growth by preventing a
potentially stifling patchwork of differing local regulations. By
asserting the authority of the federal government to regulate these
vehicles and corresponding safety standards, the Committee has struck
the right balance by allowing states to retain their traditional roles
in driver licensing, insurance, and vehicle registration in a way that
does not impede innovation. In addition, I am pleased that the bill
enables the Department of Transportation to review the vehicle systems
through the Safety Assessment Letter process.
[[Page H6677]]
Automated vehicles are highly complex, and present a number of
equally complex policy considerations. While this bill is a significant
step forward in defining the federal government's role in this emerging
technology, I believe there is more work to be done with respect to
ensuring that NHTSA has appropriate resources to carry out the federal
role in oversight and regulation, and to ensuring the privacy of
consumers' data. Data sharing between government and industry holds the
possibility of improving safety operations and performance, but must be
a collaborative partnership, and must protect consumers' personally
identifiable data.
For that reason, I have an amendment that has been made in order to
the Fiscal Year 2018 Transportation, Housing, and Urban Development
appropriations bill, that we will consider later today. The amendment
will provide the National Highway Traffic Safety Administration with an
additional $9 million for the Salaries and Expenses account. These
funds will enable the agency to expand its workforce, define new
testing protocols as the technology emerges, and better partner with
industry and state and local governments to conduct adequate oversight.
In addition, I continue to have concerns about the collection, use,
and privacy of consumers' data. A recent report issued at the direction
of myself and my colleague, Congresswoman Comstock, the Government
Accountability Office found while nearly all of the major auto
manufacturers now offer vehicles with connected technologies, NHTSA has
not clearly defined its roles and responsibilities as they relate to
the privacy of vehicle data, making it difficult for NHTSA to
coordinate with other federal agencies to effectively oversee these
emerging technologies.
We still have important issues to consider, including insurance,
cyber-security, and data sharing. I look forward to continuing to
collaborate with my colleagues to examine this evolving industry, and
defining the federal government's role in promoting industry while
protecting the public. I urge my colleagues to support this bill.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Ohio (Mr. Latta) that the House suspend the rules and
pass the bill, H.R. 3388, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title of the bill was amended so as to read: ``A bill to amend
title 49, United States Code, regarding the authority of the National
Highway Traffic Safety Administration over highly automated vehicles,
to provide safety measures for such vehicles, and for other
purposes.''.
A motion to reconsider was laid on the table.
____________________