[Congressional Record Volume 167, Number 91 (Tuesday, May 25, 2021)]
[Senate]
[Pages S3453-S3455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2018. Mr. THUNE submitted an amendment intended to be proposed to 
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to 
establish a new Directorate for Technology and Innovation in the 
National Science Foundation, to establish a regional technology hub 
program, to require a strategy and report on economic security, 
science, research, innovation, manufacturing, and job creation, to 
establish a critical supply chain resiliency program, and for other 
purposes; which was ordered to lie on the table; as follows:

        At the end of title III of division F, add the following:

     SEC. 6302. VEHICLE TECHNOLOGY COMPETITIVENESS.

       (a) Findings.--Congress finds that--
       (1) the Government of the People's Republic of China is 
     investing in developing innovative technologies with 
     commercial and military applications, including autonomous 
     vehicles;
       (2) the municipal government of Shanghai alone has planned 
     investments of $15,000,000,000 over 10 years for research and 
     development;

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       (3) the Government of the People's Republic of China has a 
     strategy of promoting national champions, including in the 
     autonomous vehicle industry, in order to overtake and replace 
     foreign market leaders;
       (4) technological leadership in the autonomous vehicle 
     industry represents a global market opportunity worth an 
     estimated $8,000,000,000,000;
       (5) unless the United States enacts policies to protect the 
     technological leadership of the United States in the 
     autonomous vehicle industry against the People's Republic of 
     China and other competitors, the United States risks losing 
     that technological leadership; and
       (6) maintaining the leading role of the United States in 
     developing and producing autonomous vehicles is essential--
       (A) to growing manufacturing jobs that support a strong 
     middle class; and
       (B) to achieving the safety and mobility benefits offered 
     by autonomous vehicles.
       (b) Highly Automated Systems Safety Center of Excellence.--
       (1) Definitions.--In this subsection:
       (A) Center.--The term ``Center'' means the Highly Automated 
     Systems Safety Center of Excellence established under 
     paragraph (2).
       (B) Department.--The term ``Department'' means the 
     Department of Transportation.
       (C) Secretary.--The term ``Secretary'' means the Secretary 
     of Transportation.
       (2) Establishment.--The Secretary shall establish a Highly 
     Automated Systems Safety Center of Excellence within the 
     Department for the purpose of maintaining a workforce at the 
     Department that is capable of reviewing, assessing, and 
     validating the safety of automated technologies.
       (3) Duties.--
       (A) In general.--The Center shall--
       (i) serve as a central location within the Department for 
     expertise in--

       (I) automation and human factors;
       (II) computer science;
       (III) data analytics;
       (IV) machine learning;
       (V) sensors and other technologies relating to automated 
     systems; and
       (VI) security; and

       (ii) collaborate with, and provide support to, all 
     operating administrations of the Department with respect to 
     highly automated systems.
       (B) Review, assessment, and validation.--The workforce of 
     the Center, in coordination with relevant operating 
     administrations of the Department, shall advise on the 
     review, assessment, and validation of highly automated 
     systems to ensure the safety and security of those systems.
       (C) Authority.--The activities of the Center under this 
     subsection shall not supersede any certification authority 
     granted to an operating administration of the Department 
     under other law (including regulations).
       (4) Workforce.--The Center shall have a workforce composed 
     of--
       (A) employees of the Department, including--
       (i) direct hires; or
       (ii) detailees from operating administrations of the 
     Department; or
       (B) detailees of other Federal agencies.
       (5) Savings clause.--Nothing in this subsection supersedes 
     any law (including regulations)--
       (A) granting certification authority to an operating 
     administration of the Department;
       (B) establishing certification responsibilities for 
     manufacturers (as defined in section 30102(a) of title 49, 
     United States Code); or
       (C) granting authority to an operating administration of 
     the Department to determine safety defects in regulated 
     products.
       (6) Conforming amendment.--Section 105 of division H of the 
     Further Consolidated Appropriations Act, 2020 (49 U.S.C. 102 
     note; Public Law 116-94) is repealed.
       (7) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit to the 
     appropriate committees of Congress a report describing--
       (A) the staffing needs of the Center; and
       (B) the staffing plan for the Center.
       (c) Motor Vehicle Testing or Evaluation.--
       (1) Definitions.--Section 30102(a) of title 49, United 
     States Code, is amended--
       (A) in the matter preceding paragraph (1), by striking 
     ``chapter--'' and inserting ``chapter:'';
       (B) in each of paragraphs (1) through (13)--
       (i) by inserting ``The term'' after the paragraph 
     designation; and
       (ii) by inserting a paragraph heading, the text of which is 
     comprised of the term defined in the paragraph;
       (C) by redesignating paragraphs (1) through (13) as 
     paragraphs (2), (3), (4), (5), (7), (8), (9), (10), (11), 
     (12), (13), (14), and (15), respectively;
       (D) by inserting before paragraph (2) (as so redesignated) 
     the following:
       ``(1) Automated driving system.--The term `automated 
     driving system' means a Level 3, Level 4, or Level 5 
     automated driving system (as defined in the SAE International 
     Recommended Practice numbered J3016 and dated June 15, 2018 
     (or a subsequent standard adopted by the Secretary)).''; and
       (E) by inserting after paragraph (5) (as so redesignated) 
     the following:
       ``(6) Highly automated vehicle.--The term `highly automated 
     vehicle' means a motor vehicle that is equipped with an 
     automated driving system.''.
       (2) Application of certain prohibitions.--Section 30112(b) 
     of title 49, United States Code, is amended by striking 
     paragraph (10) and inserting the following:
       ``(10) the introduction of a motor vehicle in interstate 
     commerce solely for purposes of testing, evaluation, or 
     demonstration--
       ``(A) by a manufacturer that--
       ``(i) agrees not to sell or lease, or offer for sale or 
     lease, the motor vehicle at the conclusion of the testing, 
     evaluation, or demonstration;
       ``(ii) has manufactured and distributed into the United 
     States motor vehicles that are certified, or motor vehicle 
     equipment utilized in a motor vehicle that is certified, to 
     comply with all applicable Federal motor vehicle safety 
     standards;
       ``(iii) has submitted to the Secretary appropriate 
     manufacturer identification information under part 566 of 
     title 49, Code of Federal Regulations (or successor 
     regulations); and
       ``(iv) if applicable, has identified an agent for service 
     of process in accordance with part 551 of that title (or 
     successor regulations); or
       ``(B) of a highly automated vehicle, automated driving 
     system, or component of an automated driving system if--
       ``(i) the testing, evaluation, or demonstration of the 
     vehicle is conducted only by employees, agents, or fleet 
     management contractors of the manufacturer of the highly 
     automated vehicle, the automated driving system, or any 
     component of such vehicle or system;
       ``(ii) the manufacturer agrees not to sell or lease, or 
     offer for sale or lease, the highly automated vehicle, 
     automated driving system, or component of an automated 
     driving system at the conclusion of the testing, evaluation, 
     or demonstration;
       ``(iii) the manufacturer has submitted appropriate 
     manufacturer identification information under part 566 of 
     title 49, Code of Federal Regulations (or successor 
     regulations), if applicable, or similar manufacturer 
     identification information, including--

       ``(I) the name of the manufacturer (including a 
     manufacturer that is an individual, partnership, corporation, 
     or institution of higher education) and a point of contact;
       ``(II) the physical address of the manufacturer and the 
     State of incorporation of the manufacturer, if applicable;
       ``(III) a description of each type of motor vehicle used 
     during development of the highly automated vehicle, automated 
     driving system, or component of the automated driving system 
     manufactured by the manufacturer; and
       ``(IV) proof of insurance for any State in which the 
     manufacturer intends to test or evaluate highly automated 
     vehicles; and

       ``(iv) if applicable, the manufacturer has identified an 
     agent for service of process in accordance with part 551 of 
     title 49, Code of Federal Regulations (or successor 
     regulations).''.
       (3) Conforming amendments.--
       (A) Section 11028(a)(1)(A) of the 21st Century Department 
     of Justice Appropriations Authorization Act (15 U.S.C. 
     1226(a)(1)(A)) is amended by striking ``section 30102(6) of 
     title 49 of the United States Code'' and inserting ``section 
     30102(a) of title 49, United States Code''.
       (B) Section 3(a)(5)(C) of the Consumer Product Safety Act 
     (15 U.S.C. 2052(a)(5)(C)) is amended by striking ``(as 
     defined by sections 102 (3) and (4) of the National Traffic 
     and Motor Vehicle Safety Act of 1966)'' and inserting ``(as 
     those terms are defined in section 30102(a) of title 49, 
     United States Code)''.
       (C) Section 15(b) of the Consumer Product Safety Act (15 
     U.S.C. 2064(b)) is amended, in the matter preceding paragraph 
     (1), by striking ``section 30102(a)(7)'' and inserting 
     ``section 30102(a)''.
       (D) Section 403(h)(5)(A) of title 23, United States Code, 
     is amended by striking ``section 30102(a)(6)'' and inserting 
     ``section 30102(a)''.
       (E) Section 2 of Public Law 107-319 (49 U.S.C. 30102 note; 
     116 Stat. 2777) is amended by striking ``section 30102(6)'' 
     and inserting ``section 30102(a)''.
       (F) Section 101(8) of the Servicemembers Civil Relief Act 
     (50 U.S.C. 3911(8)) is amended by striking ``section 
     30102(a)(6)'' and inserting ``section 30102(a)''.
       (d) Highly Automated Vehicles Exemptions.--Section 30113 of 
     title 49, United States Code, is amended--
       (1) in subsection (a)--
       (A) by striking the subsection designation and heading and 
     all that follows through ``means a motor'' and inserting the 
     following:
       ``(a) Definitions.--In this section:
       ``(1) Low-emission motor vehicle.--The term `low-emission 
     motor vehicle' means a motor''; and
       (B) by adding at the end the following:
       ``(2) New motor vehicle safety feature.--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 with respect to any other motor 
     vehicle model.
       ``(3) Secretary.--The term `Secretary' means the Secretary 
     of Transportation.'';
       (2) in subsection (b)--
       (A) by striking the subsection designation and all that 
     follows through ``The Secretary of Transportation'' in 
     paragraph (1) and inserting the following:
       ``(b) Authority to Exempt and Procedures.--
       ``(1) In general.--The Secretary'';
       (B) by striking paragraph (2) and inserting the following:
       ``(2) Procedures.--

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       ``(A) Commencement.--
       ``(i) In general.--The Secretary shall commence a 
     proceeding under this subsection when a manufacturer submits 
     to the Secretary an application for an exemption or the 
     renewal of an exemption in accordance with clause (ii).
       ``(ii) Applications.--An application for an exemption or 
     the renewal of an exemption under this subparagraph shall be 
     filed at such time, in such manner, and containing such 
     information as the Secretary may require.
       ``(B) Publication.--On commencing a proceeding under 
     subparagraph (A), the Secretary shall--
       ``(i) publish in the Federal Register a notice of the 
     relevant application; and
       ``(ii) provide an opportunity for public comment.
       ``(C) Determination.--The Secretary shall grant or deny an 
     exemption or the renewal of an exemption for a highly 
     automated vehicle by the date that is 180 days after the date 
     on which the application for the exemption or renewal is 
     received by the Secretary.
       ``(D) Review of previously granted exemptions.--For any 
     exemption granted by the Secretary under this section, the 
     Secretary, not less frequently than annually, and before 
     granting a renewal or otherwise increasing the number of 
     highly automated vehicles of a manufacturer that may be sold 
     or otherwise introduced into interstate commerce under the 
     exemption, shall evaluate the impact of the exemption on 
     motor vehicle safety to ensure compliance with any conditions 
     established by the Secretary.''; and
       (C) in paragraph (3)(B)--
       (i) in clause (iii), by striking ``or'' at the end; and
       (ii) by striking clause (iv) and inserting the following:
       ``(iv) compliance with the standard would prevent the 
     manufacturer from selling, introducing, or delivering into 
     interstate commerce a motor vehicle with an overall safety 
     level at least equal to the safety level of nonexempt 
     vehicles; or
       ``(v) the exemption would provide--
       ``(I) transportation access for individuals with 
     disabilities (as defined in section 3 of the Americans with 
     Disabilities Act of 1990 (42 U.S.C. 12102)), including 
     nonvisual access for individuals who are blind or visually 
     impaired; and
       ``(II)(aa) a safety level at least equal to the safety 
     level of the standard from which the exemption is sought; or
       ``(bb) an overall safety level at least equal to the 
     overall safety level of nonexempt vehicles.''; and
       (3) by striking subsection (d) and inserting the following:
       ``(d) Eligibility.--
       ``(1) Substantial economic hardship.--A manufacturer is 
     eligible for an exemption under subsection (b)(3)(B)(i) 
     (including an exemption relating to a bumper standard 
     referred to in subsection (b)(1)) only if the Secretary 
     determines that the total motor vehicle production of the 
     manufacturer in the most recent year of production is not 
     more than 10,000.
       ``(2) Safety equivalence.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     a manufacturer is eligible for an exemption under clause 
     (ii), (iii), (iv), or (v) of subsection (b)(3)(B) only if the 
     Secretary determines that the exemption is for not more than 
     2,500 vehicles to be sold or otherwise introduced into 
     interstate commerce in the United States during any 1-year 
     period.
       ``(B) Highly automated vehicles.--
       ``(i) In general.--With respect to highly automated 
     vehicles, a manufacturer is eligible for an exemption under 
     clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) only 
     if the Secretary determines that--

       ``(I) during the 1-year period beginning on the date of 
     enactment of the Endless Frontier Act the number of new 
     exemptions granted for that manufacturer is for not more than 
     a total of 15,000 highly automated vehicles to be sold or 
     otherwise introduced into interstate commerce in the United 
     States;
       ``(II) during the 1-year period immediately following the 
     period described in subclause (I), the number of new 
     exemptions granted for that manufacturer is for not more than 
     a total of 40,000 highly automated vehicles to be sold or 
     otherwise introduced into interstate commerce in the United 
     States; and
       ``(III) subject to clause (ii), during any 1-year period 
     following the period described in subclause (II), the number 
     of new exemptions granted for that manufacturer is for not 
     more than a total of 80,000 highly automated vehicles to be 
     sold or otherwise introduced into interstate commerce in the 
     United States.

       ``(ii) Expansion.--A manufacturer of a highly automated 
     vehicle may submit to the Secretary a petition to expand the 
     limit on new exemptions under clause (i)(III) to allow 
     exemptions for more than 80,000 highly automated vehicles 
     during any 1-year period if a similar exemption has been in 
     effect for that manufacturer for a period of not less than 4 
     years.'';
       (4) in subsection (e)--
       (A) by striking the second sentence and inserting the 
     following:
       ``(2) Safety equivalence.--An exemption or renewal under 
     clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) may 
     be granted--
       ``(A) for not more than 2 years; or
       ``(B) if the motor vehicle is a highly automated vehicle, 
     for not more than 5 years.''; and
       (B) by striking the subsection designation and all that 
     follows through ``An exemption'' in the first sentence and 
     inserting the following:
       ``(e) Maximum Period.--
       ``(1) Substantial economic hardship.--An exemption''; and
       (5) by adding at the end the following:
       ``(i) Process and Analysis.--
       ``(1) In general.--Not later than 180 days after the date 
     of enactment of the Endless Frontier Act, the Secretary shall 
     publish a notice in the Federal Register that describes the 
     process and analysis used for the consideration of an 
     application for an exemption or the renewal of an exemption 
     under this section for a highly automated vehicle.
       ``(2) Periodic review and updating.--The Secretary shall--
       ``(A) review the notice under paragraph (1) by the date 
     that is 5 years after the initial date of publication, and 
     not less frequently than once every 5 years thereafter; and
       ``(B) update the notice if the Secretary determines that an 
     update is necessary.''.
       (e) Dual Use Vehicle Safety.--
       (1) In general.--Section 30122(b) of title 49, United 
     States Code, is amended--
       (A) by striking ``A manufacturer'' and inserting the 
     following:
       ``(1) In general.--Except as provided in paragraph (2), a 
     manufacturer''; and
       (B) by adding at the end the following:
       ``(2) Exception.--
       ``(A) In general.--Paragraph (1) shall not apply in any 
     case in which a manufacturer intentionally causes a steering 
     wheel, brake pedal, accelerator pedal, gear shift, or any 
     other device or element of design relating to the performance 
     of the dynamic driving task by a human driver to be 
     temporarily disabled during the time that a Level 4 or Level 
     5 automated driving system is engaged and performing the 
     entire dynamic driving task.
       ``(B) Clarification.--Paragraph (1) shall apply at any time 
     during which an automated driving system is not engaged.''.
       (2) Rulemaking.--If the Secretary prescribes a regulation 
     in accordance with section 30122(c) of title 49, United 
     States Code, to exempt a manufacturer (as defined in section 
     30102(a) of that title) from the prohibition under paragraph 
     (1) of section 30122(b) of that title with respect to highly 
     automated vehicles (as defined in section 30102(a) of that 
     title), on the effective date of that regulation--
       (A) the amendments to section 30122(b) of that title made 
     by paragraph (1) shall terminate; and
       (B) section 30122(b) of that title shall be in effect as if 
     those amendments had not been enacted.
       (3) Licensing.--A State may not issue a motor vehicle 
     operator's license for the operation or use of a highly 
     automated vehicle (as defined in section 30102(a) of title 
     49, United States Code) 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)).
                                 ______