69–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 115–294 

SAFELY ENSURING LIVES FUTURE DEPLOYMENT AND 

RESEARCH IN VEHICLE EVOLUTION ACT 

SEPTEMBER 5, 2017.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. WALDEN, from the Committee on Energy and Commerce, 

submitted the following 

R E P O R T 

[To accompany H.R. 3388] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Energy and Commerce, to whom was referred 

the bill (H.R. 3388) to provide for information on highly automated 

driving systems to be made available to prospective buyers, having 

considered the same, report favorably thereon with amendments 

and recommend that the bill as amended do pass. 

CONTENTS 

Purpose and Summary ............................................................................................ 11 

Background and Need for Legislation .................................................................... 11 

Committee Consideration ........................................................................................ 12 

Committee Votes ...................................................................................................... 13 

Oversight Findings and Recommendations ........................................................... 15 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 15 

Congressional Budget Office Estimate ................................................................... 15 

Federal Mandates Statement ................................................................................. 18 

Statement of General Performance Goals and Objectives .................................... 18 

Duplication of Federal Programs ............................................................................ 18 

Committee Cost Estimate ....................................................................................... 18 

Earmark, Limited Tax Benefits, and Limited Tariff Benefits ............................. 18 

Disclosure of Directed Rule Makings ..................................................................... 18 

Advisory Committee Statement .............................................................................. 18 

Applicability to Legislative Branch ........................................................................ 19 

Section-by-Section Analysis of the Legislation ...................................................... 19 

Changes in Existing Law Made by the Bill, as Reported ..................................... 21 

The amendments are as follows: 

Strike all after the enacting clause and insert the following: 

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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Safely Ensuring Lives Future 

Deployment and Research In Vehicle Evolution Act’’ or the ‘‘SELF DRIVE Act’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

Sec. 3. NHTSA authority and State preemption for autonomous motor vehicles. 

Sec. 4. Updated or new motor vehicle safety standards for highly automated vehicles. 

Sec. 5. Cybersecurity of automated driving systems. 

Sec. 6. General exemptions. 

Sec. 7. Motor vehicle testing or evaluation. 

Sec. 8. Information on highly automated driving systems made available to prospective buyers. 

Sec. 9. Highly Automated Vehicle Advisory Council. 

Sec. 10. Rear seat occupant alert system. 

Sec. 11. Headlamps. 

Sec. 12. Privacy plan required for highly automated vehicles. 

Sec. 13. Definitions. 

SEC. 2. PURPOSE. 

The purpose of this Act is to memorialize the Federal role in ensuring the safety 

of highly automated vehicles as it relates to design, construction, and performance, 

by encouraging the testing and deployment of such vehicles. 

SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR AUTONOMOUS MOTOR VEHICLES. 

Section 30103 of title 49, United States Code, is amended— 

(1) by amending subsection (b) to read as follows: 

‘‘(b) PREEMPTION.— ‘‘(1) HIGHLY AUTOMATED VEHICLES.—No State or political subdivision of a 

State may maintain, enforce, prescribe, or continue in effect any law or regulation regarding the design, construction, or performance of highly automated vehicles, automated driving systems, or components of automated driving systems 

unless such law or regulation is identical to a standard prescribed under this 

chapter. 

‘‘(2) MOTOR VEHICLE STANDARD.—When a motor vehicle safety standard is in 

effect under this chapter, a State or political subdivision of a State may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter. 

‘‘(3) RULES OF CONSTRUCTION.— ‘‘(A) IN GENERAL.—Nothing in this subsection may be construed to prohibit a State or a political subdivision of a State from maintaining, enforcing, prescribing, or continuing in effect any law or regulation regarding registration, licensing, driving education and training, insurance, law enforcement, crash investigations, safety and emissions inspections, congestion 

management of vehicles on the street within a State or political subdivision 

of a State, or traffic unless the law or regulation is an unreasonable restriction on the design, construction, or performance of highly automated vehicles, automated driving systems, or components of automated driving systems. 

‘‘(B) MOTOR VEHICLE DEALERS.—Nothing in this subsection may be construed to prohibit a State or political subdivision of a State from maintaining, enforcing, prescribing, or continuing in effect any law or regulation regarding the sale, distribution, repair, or service of highly automated vehicles, automated driving systems, or components of automated driving systems by a dealer, manufacturer, or distributor. 

‘‘(C) CONFORMITY WITH FEDERAL LAW.—Nothing in this subsection shall 

be construed to preempt, restrict, or limit a State or political subdivision 

of a State from acting in accordance with any other Federal law. 

‘‘(4) HIGHER PERFORMANCE REQUIREMENT.—However, the United States Government, a State, or a political subdivision of a State may prescribe a standard 

for a motor vehicle, motor vehicle equipment, highly automated vehicle, or automated driving system obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard 

under this chapter. 

‘‘(5) STATE ENFORCEMENT.—A State may enforce a standard that is identical 

to a standard prescribed under this chapter.’’; and 

(2) by amending subsection (e) to read as follows: 

‘‘(e) COMMON LAW LIABILITY.— 

‘‘(1) IN GENERAL.—Compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common 

law. 

‘‘(2) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to 

preempt common law claims.’’. 

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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: 

‘‘§ 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 

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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: 

‘‘§ 30130. Cybersecurity of automated driving systems 

‘‘(a) CYBERSECURITY PLAN.—A manufacturer may not sell, offer for sale, introduce 

or deliver for introduction into commerce, or import into the United States, any 

highly automated vehicle, vehicle that performs partial driving automation, or automated driving system unless such manufacturer has developed a cybersecurity plan 

that includes the following: 

‘‘(1) A written cybersecurity policy with respect to the practices of the manufacturer for detecting and responding to cyber attacks, unauthorized intrusions, 

and false and spurious messages or vehicle control commands. This policy shall 

include— 

‘‘(A) a process for identifying, assessing, and mitigating reasonably foreseeable vulnerabilities from cyber attacks or unauthorized intrusions, including false and spurious messages and malicious vehicle control commands; and 

‘‘(B) a process for taking preventive and corrective action to mitigate 

against vulnerabilities in a highly automated vehicle or a vehicle that performs partial driving automation, including incident response plans, intrusion detection and prevention systems that safeguard key controls, systems, 

and procedures through testing or monitoring, and updates to such process 

based on changed circumstances. 

‘‘(2) The identification of an officer or other individual of the manufacturer as 

the point of contact with responsibility for the management of cybersecurity. 

‘‘(3) A process for limiting access to automated driving systems. 

‘‘(4) A process for employee training and supervision for implementation and 

maintenance of the policies and procedures required by this section, including 

controls on employee access to automated driving systems. 

‘‘(b) EFFECTIVE DATE.—This section shall take effect 180 days after the date of enactment of this section.’’. 

(b) ENFORCEMENT AUTHORITY.—Section 30165(a)(1) of title 49, United States 

Code, is amended by inserting ‘‘30130,’’ after ‘‘30127,’’. 

(c) CLERICAL AMENDMENT.—The analysis for chapter 301 of subtitle VI of title 49, 

United States Code, is amended by inserting after the item relating to section 30129 

(as added by section 4) the following new item: 

‘‘30130. Cybersecurity of automated driving systems.’’. 

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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 

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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 

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method and terminology for informing consumers for each highly automated vehicle 

or a vehicle that performs partial driving automation about the capabilities and limitations of that vehicle. The Secretary shall determine whether such information is 

based upon or includes the terminology as defined by SAE International in Recommended Practice Report J3016 (published September 2016) or whether such description should include alternative terminology. 

(b) RULEMAKING.—After the completion of the study required under subsection (a), 

the Secretary shall initiate a rulemaking proceeding to require manufacturers to inform consumers of the capabilities and limitations of a vehicle’s driving automation 

system or feature for any highly automated vehicle or any vehicle that performs partial driving automation. 

SEC. 9. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL. 

(a) ESTABLISHMENT.—Subject to the availability of appropriations, not later than 

6 months after the date of enactment of this Act, the Secretary of Transportation 

shall establish in the National Highway Traffic Safety Administration a Highly 

Automated Vehicle Advisory Council (hereinafter referred to as the ‘‘Council’’). 

(b) MEMBERSHIP.—Members of the Council shall include a diverse group representative of business, academia and independent researchers, State and local authorities, safety and consumer advocates, engineers, labor organizations, environmental experts, a representative of the National Highway Traffic Safety Administration, and other members determined to be appropriate by the Secretary. Any subcommittee of the Council shall be composed of not less than 15 and not more than 

30 members appointed by the Secretary. 

(c) TERMS.—Members of the Council shall be appointed by the Secretary of Transportation and shall serve for a term of three years. 

(d) VACANCIES.—Any vacancy occurring in the membership of the Council shall be 

filled in the same manner as the original appointment for the position being vacated. The vacancy shall not affect the power of the remaining members to execute 

the duties of the Council. 

(e) DUTIES AND SUBCOMMITTEES.—The Council may form subcommittees as needed to undertake information gathering activities, develop technical advice, and 

present best practices or recommendations to the Secretary regarding— 

(1) advancing mobility access for the disabled community with respect to the 

deployment of automated driving systems to identify impediments to their use 

and ensure an awareness of the needs of the disabled community as these vehicles are being designed for distribution in commerce; 

(2) mobility access for senior citizens and populations underserved by traditional public transportation services and educational outreach efforts with respect to the testing and distribution of highly automated vehicles in commerce; 

(3) cybersecurity for the testing, deployment, and updating of automated driving systems with respect to supply chain risk management, interactions with 

Information Sharing and Analysis Centers and Information Sharing and Analysis Organizations, and a framework for identifying and implementing recalls 

of motor vehicles or motor vehicle equipment; 

(4) the development of a framework that allows manufacturers of highly automated vehicles to share with each other and the National Highway Traffic Safety Administration relevant, situational information related to any testing or deployment event on public streets resulting or that reasonably could have resulted in damage to the vehicle or any occupant thereof and validation of such 

vehicles in a manner that does not risk public disclosure of such information 

or disclosure of confidential business information; 

(5) labor and employment issues that may be affected by the deployment of 

highly automated vehicles; 

(6) the environmental impacts of the deployment of highly automated vehicles, and the development and deployment of alternative fuel infrastructure 

alongside the development and deployment of highly automated vehicles; 

(7) protection of consumer privacy and security of information collected by 

highly automated vehicles; 

(8) cabin safety for highly automated vehicle passengers, and how automated 

driving systems may impact collision vectors, overall crashworthiness, and the 

use and placement of airbags, seatbelts, anchor belts, head restraints, and other 

protective features in the cabin; 

(9) the testing and deployment of highly automated vehicles and automated 

driving systems in areas that are rural, remote, mountainous, insular, or 

unmapped to evaluate operational limitations caused by natural geographical or 

man-made features, or adverse weather conditions, and to enhance the safety 

and reliability of highly automated vehicles and automated driving systems 

used in such areas with such features or conditions; and 

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(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: 

‘‘§ 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 

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mated driving system unless the manufacturer has developed a privacy plan that 

includes the following: 

(1) A written privacy plan with respect to the collection, use, sharing, and 

storage of information about vehicle owners or occupants collected by a highly 

automated vehicle, vehicle that performs partial driving automation, or automated driving system. Such policy shall include the following: 

(A) The practices of the manufacturer with respect to the way that information about vehicle owners or occupants is collected, used, shared, or 

stored. 

(B) The practices of the manufacturer with respect to the choices offered 

to vehicle owners or occupants regarding the collection, use, sharing, and 

storage of such information. 

(C) The practices of the manufacturer with respect to the data minimization, de-identification, and retention of information about vehicle owners or 

occupants. 

(D) The practices of the manufacturer with respect to extending its privacy plan to the entities it shares such information with. 

(2) A method for providing notice to vehicle owners or occupants about the 

privacy policy. 

(3) If information about vehicle owners or occupants is altered or combined 

so that the information can no longer reasonably be linked to the highly automated vehicle, vehicle that performs partial driving automation, or automated 

driving system from which the information is retrieved, the vehicle owner, or 

occupants, the manufacturer is not required to include the process or practices 

regarding that information in the privacy policy. 

(4) If information about an occupant is anonymized or encrypted the manufacturer is not required to include the process or practices regarding that information in the privacy policy. 

(b) STUDY.—The Federal Trade Commission shall conduct a study and submit a 

report to the Committee on Energy and Commerce of the House of Representatives 

and the Committee on Commerce, Science, and Transportation of the Senate on the 

highly automated vehicle marketplace, including an examination of the following 

issues: 

(1) Which entities in the ecosystem have access to vehicle owner or occupant 

data. 

(2) Which entities in the highly automated vehicle marketplace have privacy 

plans. 

(3) What are the terms and disclosures made in such privacy plans, including 

regarding the collection, use, sharing, and storage of vehicle owner or occupant 

data. 

(4) What disclosures are made to consumers about such privacy plans. 

(5) What methods are available to enable deletion of information about vehicle owners or occupants from any data storage system within the vehicle (other 

than a system that is critical to the safety or operation of the vehicle) before 

the vehicle is sold, leased, or rented, or otherwise occupied by a new owner or 

occupant. 

(c) FEDERAL TRADE COMMISSION ENFORCEMENT.—A violation of subsection (a) 

shall be treated as a an unfair or deceptive act or practice within the meaning of 

section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). The Federal Trade Commission shall enforce this section in the same manner, by the same 

means, and with the same jurisdiction, powers, and duties as though all applicable 

terms and provisions of the Federal Trade Commission Act were incorporated into 

and made a part of this Act. 

(d) EFFECTIVE DATE.—This section shall take effect 180 days after the date of enactment of this section and shall only apply to highly automated vehicles, vehicles 

that perform partial driving automation, or automated driving systems first introduced after the effective date of this section. 

SEC. 13. DEFINITIONS. 

(a) AMENDMENTS TO TITLE 49, UNITED STATES CODE.—Section 30102 of title 49, 

United States Code, is amended— 

(1) in subsection (a)— 

(A) by redesignating paragraphs (1) through (13) as paragraphs (2), (3), 

(4), (5), (8), (9), (10), (11), (12), (13), (15), (16), and (17), respectively; 

(B) by inserting before paragraph (2) (as so redesignated) the following: 

‘‘(1) ‘automated driving system’ means the hardware and software that are 

collectively capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such system is limited to a specific operational design domain.’’; 

10 

(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. 

Amend the title 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.’’. 

Amend the title so as to read: 

A bill to amend title 49, United States Code, regarding the authority of the National Highway Traffic Safety Administration over 

11 

1https://crashstats.nhtsa.dot.gov/Api/Public/ViewPublication/812318. 

2 Neil Boudette, ‘‘U.S. Traffic Deaths Rise for a Second Straight Year’’ New York Times, Feb. 

15, 2017, https://www.nytimes.com/2017/02/15/business/highway-traffic-safety.html?_r=0. 3 ‘‘U.S. Traffic Deaths Jump by 10.4 Percent in First Half of 2016.’’ The Associated Press, Oct. 

5, 2016, http://www.nbcnews.com/news/us-news/u-s-traffic-deaths-jump-10-4-percent-first-halfn660241. 

highly automated vehicles, to provide safety measures for such vehicles, and for other purposes. 

PURPOSE AND SUMMARY

The Safely Ensuring Lives Future Deployment and Research in 

Vehicle Evolution (SELF DRIVE) Act supports the testing, development, and deployment of highly automated vehicles in the United 

States. The SELF DRIVE Act encourages economic development, 

jobs, and continued investment by incumbent entities and new entrants developing lifesaving automotive technology to address historic rising fatality rates on our nation’s highways. 

The purpose of the SELF DRIVE Act is to uphold State and local 

governments’ authority regarding registration, licensing, driving 

education and training, insurance, law enforcement, crash investigations, safety and emissions inspections, congestion management 

of vehicles on their streets, and traffic laws and regulations as well 

as memorialize the Federal role in ensuring the safety of highly 

automated vehicles. 

BACKGROUND AND NEED FOR LEGISLATION

The National Highway Traffic Safety Administration (NHTSA) is 

responsible for issuing safety standards to meet its mission of saving lives, preventing injuries, and reducing economic costs due to 

road traffic crashes. NHTSA accomplishes these goals by issuing 

Federal motor vehicle safety standards, pursuing enforcement actions, and requiring manufacturers to recall vehicles that have 

safety-related defects or fail to meet a safety standard. Manufacturers certify that their vehicles meet all applicable standards after 

testing in laboratories, on private or public automotive proving 

grounds, test tracks, and on public roads. 

There were 35,092 traffic fatalities and 2.44 million people injured on U.S. roadways in 2015.1 Estimates for 2016 indicate the 

number of fatalities will increase by 6 percent, which would be the 

first time in almost a decade that more than 40,000 people have 

died in traffic accidents in a single year.2 Ninety-four percent of 

highway fatalities are attributable to human error.3

Self-driving vehicles and the technology underpinning such vehicles have the potential to reduce significantly traffic fatalities by 

removing the element of human error and improve transportation 

mobility and accessibility for communities, including the elderly 

and disabled. The legislation addresses cybersecurity and privacy 

so manufacturers will continue to consider these issues early in the 

development cycle. While the commercial deployment of self-driving 

vehicles is years in the future, the testing and development of such 

systems is happening in the United States and abroad today. 

Improving the exemption process at NHTSA to allow for the 

agency to learn more about this technology as entities develop and 

prove the safety of their systems and could help move the agency 

forward in reviewing and updating existing safety regulations. The 

12 

4http://www.ncleg.net/Sessions/2017/Bills/House/PDF/H469v7.pdf. 

5http://buffalonews.com/2017/07/31/new-york-takes-baby-steps-toward-self-driving-vehicles/. 

safety assessment certification process in the legislation could improve NHTSA’s understanding of the technology and cannot be 

used to delay the testing or deployment of self-driving cars. 

Twenty States have enacted laws regarding some aspect of selfdriving vehicles. Varying State and local laws regarding the design, 

construction, or performance of these vehicles could create barriers 

preventing these vehicles from traveling across State borders, 

using the interstate highway system, or impede investment in the 

future automotive technology, including advanced or connected infrastructure, in the United States. 

For example, earlier this year North Carolina enacted a law requiring the steering wheel, brakes, and other equipment used to 

operate a vehicle be stowed away so that an occupant cannot assume control while the vehicle is in self-driving mode.4 Under New 

York law, a driver is required to keep one hand on the steering 

wheel at all times in all vehicles.5 One car designed to comply with 

North Carolina’s law cannot also comply with New York law. As 

highlighted in testimony before the Committee, manufacturers and 

other entities developing this technology are closely watching State 

and Federal legislative activity to make decisions about research 

and development investments in the United States and in other 

countries. 

Throughout meetings and hearings related to the legislation, 

Members and stakeholders brought forward improvements to existing procedures at NHTSA that would support the safe testing, development, and deployment of self-driving vehicles in the United 

States. A number of these policy improvements are included in the 

legislation. Several policy additions are included in the legislation 

to address existing safety issues and priority setting processes at 

NHTSA. 

COMMITTEE CONSIDERATION

The Subcommittee on Digital Commerce and Consumer Protection held a hearing entitled ‘‘Self-Driving Vehicle Legislation’’ on 

fourteen bills, on June 23, 2017 (many of these bills were consolidated into H.R. 3388, as amended by the Committee). The Subcommittee received testimony from: 

• Mitch Bainwol, President and CEO, Alliance of Automobile 

Manufacturers; 

• John Bozzella, President and CEO, Global Automakers; 

• Tim Day, Senior Vice President, Chamber Technology Engagement Center, U.S. Chamber of Commerce; 

• David L. Strickland, Counsel, Self-Driving Coalition for 

Safer Streets and Partner, Venable LLP; 

• Alan Morrison, Lerner Family Associate Dean for Public 

Interest and Public Service Law, The George Washington University Law School; and, 

• Will Wallace, Policy Analyst, Consumers Union. 

On July 19, 2017, the Subcommittee on Digital Commerce and 

Consumer Protection met in open markup session and forwarded a 

discussion draft entitled ‘‘a bill to amend title 49, United States 

Code, to provide the National Highway Traffic Safety AdministraVerDate Sep 11 2014 05:18 Sep 06, 2017 Jkt 069006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6602 E:\HR\OC\HR294.XXX HR294
13 

tion with authority over highly automated vehicles, to provide safety measures for such vehicles, and for other purposes’’ to the full 

Committee by a voice vote. On July 27, 2017, the full Committee 

on Energy and Commerce met in open markup session and ordered 

H.R. 3388, as amended, reported to the House by a recorded vote 

54 yeas and 0 nays. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report legislation and amendments thereto. The following reflects the record votes taken during the Committee consideration: 

14 


Insert graphic folio 17 HR294.001

COMMITTEE ON ENERGY AND COMMERCE-- I 15TH CONGRESS 

ROLL CALL VOTE # 45 

BILL: H.R. 3388, Designating Each Car's Automation Level Act 

AMENDMENT: A motion by Mr. Walden to order H.R. 3388 favorably reported to the House, as amended. 

(Final Passage) 

DISPOSITION: AGREED TO, by a roll call vote of 54 yeas and 0 nays. 

~ YEAS NAYS PRESENT REPRESENTATIVE YEAS NAYS PRESENT 

Mr. Walden X Mr. Pallone X 

Mr. Barton X Mr. Rush X 

Mr. Upton X Ms. Eshoo X 

Mr. Shimkus X Mr. Engel X 

Mr. Murphy X Mr. Green X 

Mr. Burgess X Ms. DeGette X 

Mrs. Blackburn X Mr. Doyle X 

Mr. Scalise Ms. Schakowsky X 

Mr. Latta X Mr. Butterfield X 

Mrs. McMorris Rodgers X Ms. Matsui X 

Mr. Harper X Ms. Castor X 

Mr. Lance X Mr. Sarbancs X 

Mr. Guthrie X Mr. McNerney X 

Mr. Olson X Mr. Welch X 

~McKinley X e X 

Kinzinger X X 

Mr. Griffith X Ms. Clarke X 

Mr. Bilirakis X Mr. Loebsack X 

Mr. Johnson X Mr. Schrader X 

Mr. Long X Mr. Kennedy X 

Mr. Bucshon X Mr. Cardenas X 

Mr. Flores X Mr.Ruiz X 

Mrs. Brooks X Mr. Peters X 

Mr. Mullin 

fi= 

Ms.Dingell X 

Mr. Hudson 

Mr. Collins 

Mr. Cramer 

Mr. Walberg X 

Mrs. Walters X 

!Mr. Costello X 

Mr. Carter X 

07/27/2017 
15 

OVERSIGHT FINDINGS AND RECOMMENDATIONS

Pursuant to clause 3(c)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee held a hearing and made findings that are reflected in this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee finds that H.R. 3388 

would result in no new or increased budget authority, entitlement 

authority, or tax expenditures or revenues. 

CONGRESSIONAL BUDGET OFFICE ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII, the following is the cost 

estimate provided by the Congressional Budget Office pursuant to 

section 402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, September 1, 2017. 

Hon. GREG WALDEN, 

Chairman, Committee on Energy, and Commerce, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3388, the SELF DRIVE 

Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Sarah Puro. 

Sincerely, 

KEITH HALL, Director. 

Enclosure. 

H.R. 3388—SELF DRIVE Act 

Summary: H.R. 3388 would clarify the federal role in regulating 

vehicles that can drive without a person controlling the vehicle. 

Those vehicles are defined in the bill as Highly Automated Vehicles 

(HAVs). The bill would require the National Highway Traffic Safety Administration (NHSTA) to complete several rulemakings, establish an advisory council on HAVs, and create a publicly available database about manufacturers that receive exemptions from 

current law. The bill would require vehicle manufacturers to comply with cybersecurity plans and would make manufacturers that 

fail to comply subject to civil penalties. 

CBO estimates that implementing the legislation would cost $10 

million over the 2018–2022 period, assuming appropriation of the 

necessary amounts. 

Enacting H.R. 3388 would increase revenues from civil penalties; 

therefore, pay-as-you-go procedures apply. However, CBO estimates 

that those increases would total less than $500,000 over the 2018– 

2027 period. Enacting the bill would not affect direct spending. 

CBO estimates that enacting H.R. 3388 would not increase net 

direct spending or on-budget deficits in any of the four consecutive 

10-year periods beginning in 2028. 

16 

H.R. 3388 would impose an intergovernmental mandate, as defined in the Unfunded Mandates Reform Act (UMRA), by preempting the authority of state and local governments to regulate 

the design, construction, and performance of HAVs, unless such 

regulations are at least protective as federal regulations. Although 

it would limit the application of state and local regulations, the bill 

would impose no duty on state or local governments that would result in additional spending or a loss of revenues. 

H.R. 3388 would impose private-sector mandates as defined in 

UMRA on manufacturers of automobiles. Based on information 

about motor vehicle sales in the United States and information 

about current business practices from industry sources, CBO estimates that the cost of complying with those mandates would exceed the annual threshold established in UMRA ($156 million in 

2017, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary effect of H.R. 3388 is shown in the following table. The costs 

of this legislation fall within budget function 400 (transportation). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Estimated Authorization Level ..................................... 0 1 2 2 2 3 10 

Estimated Outlays ....................................................... 0 1 2 2 2 3 10 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the beginning of fiscal year 2018, that 

the necessary amounts will be appropriated each year, and that 

spending will follow historical patterns for similar activities. 

H.R. 3388 would require NHTSA to complete several 

rulemakings regarding standards and testing of HAVs, establish an 

advisory council on HAVs, and create a publicly available database 

about manufacturers that receive exemptions from current law. 

Based on an analysis of information from NHTSA, CBO estimates that the rulemakings would require the agency to hire about 

12 new people. CBO expects that about half of those people would 

be hired in 2018 and the rest in 2019. Based on the average wages 

and compensation for federal employees of NHTSA, CBO estimates 

that each additional person would cost about $175,000 per year. As 

a result, enacting the rulemaking provisions would cost $9 million 

over the 2018–2022 period. 

Under the bill, NHTSA also would have to create a database of 

manufactures of HAVs that receive exemptions from current safety 

standards that apply to motor vehicles and make that information 

publically available. Based on information from the agency, CBO 

estimates that implementing this provision would cost about $1 

million over the 2018–2022 period. 

Pay-as-You-Go considerations: The Statutory Pay-As-You-Go Act 

of 2010 establishes budget-reporting and enforcement procedures 

for legislation affecting direct spending or revenues. CBO estimates 

that enacting the bill would increase revenues over the 2017–2027 

period by less than $500,000. Enacting the bill would not affect direct spending. 

Increase in long–term direct spending and deficits: CBO estimates that enacting H.R. 3388 would not increase net direct spendVerDate Sep 11 2014 05:18 Sep 06, 2017 Jkt 069006 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR294.XXX HR294
17 

ing or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028. 

Estimated impact on state, local, and tribal governments: H.R. 

3388 would impose an intergovernmental mandate, as defined in 

UMRA, by preempting the authority of state and local governments 

to regulate the design, construction, and performance of HAVs, unless such regulations are at least protective as federal regulations. 

State and local governments are not currently regulating these aspects of HAVs. Although the bill would limit the application of 

state and local regulations, it would impose no duty on state or 

local governments that would result in additional spending or a 

loss of revenues. 

Estimated impact on the private sector: H.R. 3388 would impose 

private-sector mandates as defined in UMRA on manufacturers of 

automobiles. Specifically, the bill would require manufacturers to: • Install an alarm system in all passenger vehicles that 

would alert drivers to check the rear seat of their vehicles after 

turning off the engine; • Submit certifications to NHTSA that describe how safety 

issues are being addressed in HAVs; • Prepare cybersecurity and privacy plans for HAVs; and • Inform customers about the capabilities and limitations of 

HAVs in accordance with a future rulemaking. 

The bill also would require NHSTA to update or issue new motor 

vehicle safety standards to address automated systems. Those 

standards may facilitate the development of HAVs, but also may 

require manufacturers of those vehicles to incur additional costs. 

Based on an analysis of data on vehicle sales from the Bureau 

of Economic Analysis, CBO estimates that manufacturers would 

need to install alarm systems in more than 10 million motor vehicles annually. The cost of installing a system would depend on the 

rule to be issued by the Secretary of Transportation. Some vehicles 

currently contain systems that may comply with the rule. However, 

because of the large number of vehicles that would be affected by 

the mandate, CBO estimates that the cost of the mandate would 

exceed $100 million annually. On the basis of information from industry experts, CBO estimates that the cost of complying with the 

mandates to prepare plans, submit safety assessment certifications, 

and provide information to customers would total tens of millions 

of dollars over the next five year period. 

The net cost of the mandates would equal the additional costs incurred, offset by any savings associated with complying with the 

bill’s requirements. For example, some of the costs of the mandate 

may be mitigated if the motor vehicle safety standards for automated systems lower the cost of producing such vehicles. However, 

CBO expects that most of those savings would be realized a few 

years after manufacturers have begun to incur the costs to install 

the rear-seat alarm system. In aggregate, CBO estimates that the 

annual net cost of complying with all of the mandates in the bill 

would exceed the threshold established in UMRA for private-sector 

mandates ($156 million in 2017, adjusted annually for inflation) in 

at least some of the first five years the mandates are in effect. 

Estimate prepared by: Federal costs: Sarah Puro; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the Private Sector: Amy Petz. 

18 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates prepared by the Director of the Congressional Budget Office 

pursuant to section 423 of the Unfunded Mandates Reform Act. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

The goal of H.R. 3388 is to encourage the testing and deployment 

of highly automated vehicles by memorializing the State and Federal roles’ to protect roadway and motor vehicle safety. 

DUPLICATION OF FEDERAL PROGRAMS

Pursuant to clause 3(c)(5) of rule XIII, no provision of H.R. 3388 

establishes or reauthorizes a program of the Federal Government 

known to be duplicative of another Federal program, a program 

that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 

111–139, or a program related to a program identified in the most 

recent Catalog of Federal Domestic Assistance. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARK, LIMITED TAX BENEFITS, AND LIMITED TARIFF BENEFITS

In compliance with clause 9(e), 9(f), and 9(g) of rule XXI of the 

Rules of the House of Representatives, the Committee finds that 

H.R. 3388 contains no earmarks, limited tax benefits, or limited 

tariff benefits. 

DISCLOSURE OF DIRECTED RULE MAKINGS

Pursuant to section 3(i) of H. Res. 5, the Committee finds that 

the following directed rule makings are contained in H.R. 3388: 

1. Section 4 requires the Secretary of Transportation to 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 automated driving system. 

2. Section 10 requires the Secretary of Transportation to 

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 engine is deactivated by the operator. 

ADVISORY COMMITTEE STATEMENT

H.R. 3388 establishes a Highly Automated Vehicle Advisory 

Council. The functions of the Council are not being performed by 

one or more agencies or by an advisory committee already in existVerDate Sep 11 2014 05:18 Sep 06, 2017 Jkt 069006 PO 00000 Frm 00018 Fmt 6659 Sfmt 6602 E:\HR\OC\HR294.XXX HR294
19 

ence, or by enlarging the mandate of an existing advisory committee. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title; Table of contents 

Section 1 provides that the Act may be cited as the ‘‘Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act’’ or the ‘‘SELF DRIVE Act’’. This section includes the 

table of contents. 

Section 2. Purpose 

Section 2 states that 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. 

Section 3. NHTSA authority and State preemption for autonomous 

motor vehicles 

Section 3 maintains the current roles and responsibilities for 

States and localities regarding registration, licensing, driving education and training, insurance, law enforcement, crash investigations, safety and emissions inspections, congestion management on 

streets, and traffic laws and regulations. This section also maintains the Federal role in ensuring the safety of the design, construction, or performance of highly automated vehicles, automated 

driving systems, or components of automated driving systems. 

States may impose identical standards to those prescribed under 

chapter 301 of title 49, U.S. Code. 

Nothing in the section impacts a State or locality acting in accordance with other Federal laws, preempts common law claims, or 

impacts State motor vehicle franchise laws. 

Section 4. Updated or new motor vehicle safety standards for highly 

automated vehicles 

Section 4 establishes a new subsection requiring the Secretary of 

Transportation (Secretary) to complete a rulemaking requiring the 

submission of a safety assessment certification regarding how safety is being addressed by each entity developing a highly automated 

vehicle or automated driving system. The Secretary may not condition deployment or testing of highly automated vehicles on review 

of safety assessment certifications. 

This section requires the Secretary to publish a rulemaking and 

safety priority plan to ensure the safety and security of highly 

automated vehicles and motor vehicles and others that will share 

the roads with highly automated vehicles. The Secretary must initiate the first rulemaking in such plan not later than 18 months 

after the date of enactment. 

20 

Section 5. Cybersecurity of automated driving systems 

Section 5 requires manufacturers to develop a cybersecurity plan 

that includes certain elements before selling or introducing into 

commerce highly automated vehicles, vehicles that performs partial 

driving automation, or automated driving systems. 

Section 6. General exemptions 

Section 6 amends section 30113 of title 49 of the U.S. Code to 

add a new exemption category, increase the number of exemptions 

the Secretary may grant, and increase the length of time exemptions are valid. Additionally, this section adds a limitation for certain exemptions, a reporting requirement for manufacturers, directs the Secretary to publish the process and analysis used for 

consideration of exemptions, and creates a new exemption database. 

This section amends section 30113(b) to include a new exemption 

specific to highly automated vehicles and requires manufacturers 

demonstrate in their application that there has been no reduction 

in safety. This section amends section 30113(d) to increase the 

number of exemptions a manufacturer may request and creates a 

phase-in process whereby a manufacturer may seek 25,000 exemptions within the first 12-month period and that number increases 

to 100,000 within the fourth 12-month period. This section amends 

section 30113(e) by increasing the length from 2 years to 4 years 

for which an exemption is valid. 

This section does not allow exemptions from crashworthiness to 

be granted until the secretary issues the safety assessment certification rule pursuant to Section 30129(a) and the safety priority 

plan pursuant to section 30129(b) and one year has passed from 

the date by which both have been issued. This section adds a new 

reporting requirement for manufacturers regarding all crashes of 

which the manufacturer has actual knowledge involving vehicles 

exempted under section 30113(b)(3)(B)(ii), (iv), or (v). This section 

directs the Secretary to publish in the Federal Register a notice 

that details the process and analysis used for the consideration of 

exemption or renewal applications under section 30113(b)(3)(B)(v). 

This section creates a publicly available and searchable electronic 

database of each motor vehicle for which an exemption has been 

granted. 

Section 7. Motor vehicle testing or evaluation 

Section 7 amends section 30112(b)(10) of title 49 of the U.S. Code 

to include suppliers and manufacturers of highly automated vehicles, automated driving systems, or components of automated driving systems. This section requires manufacturers of highly automated vehicles, automated driving systems and components of 

automated driving systems to disclose identifying information as 

well as proof of insurance for any State in which the entity intends 

to test or evaluate. 

Section 8. Information on highly automated driving systems made 

available to prospective buyers 

Section 8 requires the Secretary to complete research to determine the most effective method and terminology for informing consumers about the capabilities and limitations of highly automated 

21 

vehicles or vehicles that perform partial driving automation and 

then initiate a rulemaking requiring manufacturers to inform consumers about such capabilities and limitations. 

Section 9. Highly Automated Vehicle Advisory Council 

Section 9 directs the Secretary to establish the ‘‘Highly Automated Vehicle Advisory Council’’ within NHTSA. The Council and 

any Subcommittees it may form shall undertake information gathering activities, develop technical advice, and present best practices 

and recommendations to the Secretary regarding mobility access 

for the disabled community, senior citizens, and populations underserved by traditional public transportation service, independent 

verification and validation procedures and cybersecurity for highly 

automated vehicles, protection of consumer privacy and security, 

protection and sharing of confidential business information, testing 

and deployment in areas that are rural and mountainous, as well 

as labor, employment, environmental and cabin safety issues. This 

section also requires the Council to publish and submit to Congress 

any recommendations made to the Secretary. 

Section 10. Rear seat occupant alert system 

Section 10 directs the Secretary to issue a final rule to require 

all new passenger motor vehicles be equipped with an alarm system to alert the vehicle operator to check a rear seating position 

after the vehicle motor or engine is deactivated. 

Section 11. Headlamps 

Section 11 directs the Secretary to research the development of 

updated safety standards or performance requirements for motor 

vehicle headlamps to enhance their performance and improve overall safety. 

Section 12. Privacy plan required for highly automated vehicles 

Section 12 requires manufacturers to develop a written privacy 

plan for highly automated vehicles, vehicles that perform partial 

driving automation, or automated driving systems. The Federal 

Trade Commission must submit a report to Congress on its study 

of manufacturer privacy plans and practices. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

22 

SUBTITLE VI—MOTOR VEHICLE AND DRIVER 

PROGRAMS 

* * * * * * * 

PART A—GENERAL 

* * * * * * * 

CHAPTER 301—MOTOR VEHICLE SAFETY 

SUBCHAPTER I—GENERAL 

Sec. 

30101. Purpose and policy. 

* * * * * * * 

SUBCHAPTER II—STANDARDS AND COMPLIANCE 

* * * * * * * 

30129. Updated or new motor vehicle safety standards for highly automated vehicles. 

30130. Cybersecurity of automated driving systems. 

30131. Rear seat occupant alert system. 

* * * * * * * 

SUBCHAPTER I—GENERAL 

* * * * * * * 

§ 30102. Definitions 

(a) GENERAL DEFINITIONS.—In this chapter— 

(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. 

ø(1)¿ (2) ‘‘covered rental vehicle’’ means a motor vehicle 

that— 

(A) has a gross vehicle weight rating of 10,000 pounds 

or less; 

(B) is rented without a driver for an initial term of less 

than 4 months; and 

(C) is part of a motor vehicle fleet of 35 or more motor 

vehicles that are used for rental purposes by a rental company. 

ø(2)¿ (3) ‘‘dealer’’ means a person selling and distributing 

new motor vehicles or motor vehicle equipment primarily to 

purchasers that in good faith purchase the vehicles or equipment other than for resale. 

ø(3)¿ (4) ‘‘defect’’ includes any defect in performance, construction, a component, or material of a motor vehicle or motor 

vehicle equipment. 

ø(4)¿ (5) ‘‘distributor’’ means a person primarily selling and 

distributing motor vehicles or motor vehicle equipment for resale. 

(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 

23 

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). 

ø(5)¿ (8) ‘‘interstate commerce’’ means commerce between a 

place in a State and a place in another State or between places 

in the same State through another State. 

ø(6)¿ (9) ‘‘manufacturer’’ means a person— 

(A) manufacturing or assembling motor vehicles or 

motor vehicle equipment; or 

(B) importing motor vehicles or motor vehicle equipment 

for resale. 

ø(7)¿ (10) ‘‘motor vehicle’’ means a vehicle driven or drawn 

by mechanical power and manufactured primarily for use on 

public streets, roads, and highways, but does not include a vehicle operated only on a rail line. 

ø(8)¿ (11) ‘‘motor vehicle equipment’’ means— 

(A) any system, part, or component of a motor vehicle as 

originally manufactured; 

(B) any similar part or component manufactured or sold 

for replacement or improvement of a system, part, or component, or as an accessory or addition to a motor vehicle; 

or 

(C) any device or an article or apparel, including a motorcycle helmet and excluding medicine or eyeglasses prescribed by a licensed practitioner, that— 

(i) is not a system, part, or component of a motor vehicle; and 

(ii) is manufactured, sold, delivered, or offered to be 

sold for use on public streets, roads, and highways 

with the apparent purpose of safeguarding users of 

motor vehicles against risk of accident, injury, or 

death. 

ø(9)¿ (12) ‘‘motor vehicle safety’’ means the performance of a 

motor vehicle or motor vehicle equipment in a way that protects the public against unreasonable risk of accidents occurring because of the design, construction, or performance of a 

motor vehicle, and against unreasonable risk of death or injury 

in an accident, and includes nonoperational safety of a motor 

vehicle. 

24 

ø(10)¿ (13) ‘‘motor vehicle safety standard’’ means a minimum standard for motor vehicle or motor vehicle equipment 

performance. 

(14) ‘‘operational design domain’’ means the specific conditions under which a given driving automation system or feature 

thereof is designed to function. 

ø(11)¿ (15) ‘‘rental company’’ means a person who— 

(A) is engaged in the business of renting covered rental 

vehicles; and 

(B) uses for rental purposes a motor vehicle fleet of 35 

or more covered rental vehicles, on average, during the calendar year. 

ø(12)¿ (16) ‘‘State’’ means a State of the United States, the 

District of Columbia, Puerto Rico, the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands. 

ø(13)¿ (17) ‘‘United States district court’’ means a district 

court of the United States, a United States court for Guam, the 

Virgin Islands, and American Samoa, and the district court for 

the Northern Mariana Islands. 

(18) ‘‘vehicle that performs partial driving automation’’ does 

not include a commercial motor vehicle (as defined in section 

31101). 

(b) LIMITED DEFINITIONS.—(1) In sections 30117(b), 30118-30121, 

and 30166(f) of this title— 

(A) ‘‘adequate repair’’ does not include repair resulting in 

substantially impaired operation of a motor vehicle or motor 

vehicle equipment; 

(B) ‘‘first purchaser’’ means the first purchaser of a motor vehicle or motor vehicle equipment other than for resale; 

(C) ‘‘original equipment’’ means motor vehicle equipment (including a tire) installed in or on a motor vehicle at the time 

of delivery to the first purchaser; 

(D) ‘‘replacement equipment’’ means motor vehicle equipment (including a tire) that is not original equipment; 

(E) a brand name owner of a tire marketed under a brand 

name not owned by the manufacturer of the tire is deemed to 

be the manufacturer of the tire; 

(F) a defect in original equipment, or noncompliance of original equipment with a motor vehicle safety standard prescribed 

under this chapter, is deemed to be a defect or noncompliance 

of the motor vehicle in or on which the equipment was installed at the time of delivery to the first purchaser; 

(G) a manufacturer of a motor vehicle in or on which original 

equipment was installed when delivered to the first purchaser 

is deemed to be the manufacturer of the equipment; and 

(H) a retreader of a tire is deemed to be the manufacturer 

of the tire. 

(2) The Secretary of Transportation may prescribe regulations 

changing paragraph (1)(C), (D), (F), or (G) of this subsection. 

(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 

25 

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. 

§ 30103. Relationship to other laws 

(a) UNIFORMITY OF REGULATIONS.—The Secretary of Transportation may not prescribe a safety regulation related to a motor vehicle subject to subchapter I of chapter 135 of this title that differs 

from a motor vehicle safety standard prescribed under this chapter. 

However, the Secretary may prescribe, for a motor vehicle operated 

by a carrier subject to subchapter I of chapter 135, a safety regulation that imposes a higher standard of performance after manufacture than that required by an applicable standard in effect at the 

time of manufacture. 

ø(b) PREEMPTION.—(1) When a motor vehicle safety standard is 

in effect under this chapter, a State or a 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. However, the United States Government, a State, or a political subdivision of a State may prescribe 

a standard for a motor vehicle or motor vehicle equipment obtained 

for its own use that imposes a higher performance requirement 

than that required by the otherwise applicable standard under this 

chapter. 

ø(2) A State may enforce a standard that is identical to a standard prescribed under this chapter.¿ 

(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. 

26 

(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. 

(c) ANTITRUST LAWS.—This chapter does not— 

(1) exempt from the antitrust laws conduct that is unlawful 

under those laws; or 

(2) prohibit under the antitrust laws conduct that is lawful 

under those laws. 

(d) WARRANTY OBLIGATIONS AND ADDITIONAL LEGAL RIGHTS AND

REMEDIES.—Sections 30117(b), 30118-30121, 30166(f), and 30167(a) 

and (b) of this title do not establish or affect a warranty obligation 

under a law of the United States or a State. A remedy under those 

sections and sections 30161 and 30162 of this title is in addition 

to other rights and remedies under other laws of the United States 

or a State. 

ø(e) COMMON LAW LIABILITY.—Compliance with a motor vehicle 

safety standard prescribed under this chapter does not exempt a 

person from liability at common law.¿ 

27 

(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. 

* * * * * * * 

SUBCHAPTER II—STANDARDS AND COMPLIANCE 

* * * * * * * 

§ 30112. Prohibitions on manufacturing, selling, and importing noncomplying motor vehicles and equipment 

(a) GENERAL.—(1) Except as provided in this section, sections 

30113 and 30114 of this title, and subchapter III of this chapter, 

a person may not manufacture for sale, sell, offer for sale, introduce or deliver for introduction in interstate commerce, or import 

into the United States, any motor vehicle or motor vehicle equipment manufactured on or after the date an applicable motor vehicle safety standard prescribed under this chapter takes effect unless the vehicle or equipment complies with the standard and is 

covered by a certification issued under section 30115 of this title. 

(2) Except as provided in this section, sections 30113 and 30114 

of this title, and subchapter III of this chapter, a school or school 

system may not purchase or lease a new 15-passenger van if it will 

be used significantly by, or on behalf of, the school or school system 

to transport preprimary, primary, or secondary school students to 

or from school or an event related to school, unless the 15-passenger van complies with the motor vehicle standards prescribed 

for school buses and multifunction school activity buses under this 

title. This paragraph does not apply to the purchase or lease of a 

15-passenger van under a contract executed before the date of enactment of this paragraph. 

(3) Except as provided in this section, section 30114, subsections 

(i) and (j) of section 30120, and subchapter III, a person may not 

sell, offer for sale, introduce or deliver for introduction in interstate 

commerce, or import into the United States any motor vehicle or 

motor vehicle equipment if the vehicle or equipment contains a defect related to motor vehicle safety about which notice was given 

under section 30118(c) or an order was issued under section 

30118(b). Nothing in this paragraph may be construed to prohibit 

the importation of a new motor vehicle that receives a required recall remedy before being sold to a consumer in the United States. 

(b) NONAPPLICATION.—This section does not apply to— 

(1) the sale, offer for sale, or introduction or delivery for introduction in interstate commerce of a motor vehicle or motor 

vehicle equipment after the first purchase of the vehicle or 

equipment in good faith other than for resale; 

(2) a person— 

(A) establishing that the person had no reason to know, 

despite exercising reasonable care, that a motor vehicle or 

motor vehicle equipment does not comply with applicable 

motor vehicle safety standards prescribed under this chapter; 

28 

(B) holding, without knowing about the noncompliance 

and before the vehicle or equipment is first purchased in 

good faith other than for resale, a certificate issued by a 

manufacturer or importer stating the vehicle or equipment 

complies with applicable standards prescribed under this 

chapter; or 

(C) having no reason to know, despite exercising reasonable care, that a motor vehicle or motor vehicle equipment 

contains a defect related to motor vehicle safety about 

which notice was given under section 30118(c) or an order 

was issued under section 30118(b); 

(3) a motor vehicle or motor vehicle equipment intended only 

for export, labeled for export on the vehicle or equipment and 

on the outside of any container of the vehicle or equipment, 

and exported; 

(4) a motor vehicle the Secretary of Transportation decides 

under section 30141 of this title is capable of complying with 

applicable standards prescribed under this chapter; 

(5) a motor vehicle imported for personal use by an individual who receives an exemption under section 30142 of this 

title; 

(6) a motor vehicle under section 30143 of this title imported 

by an individual employed outside the United States; 

(7) a motor vehicle under section 30144 of this title imported 

on a temporary basis; 

(8) a motor vehicle or item of motor vehicle equipment under 

section 30145 of this title requiring further manufacturing; 

(9) a motor vehicle that is at least 25 years old; or 

(10) the introduction of a motor vehicle in interstate commerce solely for purposes of testing or øevaluation by a manufacturer that agrees not to sell or offer for sale¿ evaluation 

by— 

(A) a manufacturer that agrees not to sell or lease or offer 

for sale or lease the motor vehicle at the conclusion of the 

testing or evaluation and øthat prior to the date of enactment of this paragraph¿— 

ø(A)¿ (i) has manufactured and distributed ømotor 

vehicles into the United States that are certified¿ 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; 

ø(B)¿ (ii) has submitted to the Secretary appropriate 

manufacturer identification information under part 

566 of title 49, Code of Federal Regulations; and 

ø(C)¿ (iii) if applicable, has identified an agent for 

service of process in accordance with part 551 of such 

titleø.¿; or 

(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— 

29 

(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. 

§ 30113. General exemptions 

(a) DEFINITION.—In this section, ‘‘low-emission motor vehicle’’ 

means a motor vehicle meeting the standards for new motor vehicles applicable to the vehicle under section 202 of the Clean Air Act 

(42 U.S.C. 7521) when the vehicle is manufactured and emitting an 

air pollutant in an amount significantly below one of those standards. 

(b) AUTHORITY TO EXEMPT AND PROCEDURES.—(1) The Secretary 

of Transportation may exempt, on a temporary basis, motor vehicles from a motor vehicle safety standard prescribed under this 

chapter or passenger motor vehicles from a bumper standard prescribed under chapter 325 of this title, on terms the Secretary considers appropriate. An exemption may be renewed. A renewal may 

be granted only on reapplication and must conform to the requirements of this subsection. 

(2) The Secretary may begin a proceeding under this subsection 

when a manufacturer applies for an exemption or a renewal of an 

exemption. The Secretary shall publish notice of the application 

and provide an opportunity to comment. An application for an exemption or for a renewal of an exemption shall be filed at a time 

and in the way, and contain information, this section and the Secretary require. 

(3) The Secretary may act under this subsection on finding 

that— 

(A) an exemption is consistent with the public interest and 

this chapter or chapter 325 of this title (as applicable); and 

(B)(i) compliance with the standard would cause substantial 

economic hardship to a manufacturer that has tried to comply 

with the standard in good faith; 

(ii) the exemption would make easier the development or 

field evaluation of a new motor vehicle safety feature providing 

a safety level at least equal to the safety level of the standard; 

(iii) the exemption would make the development or field 

evaluation of a low-emission motor vehicle easier and would 

not unreasonably lower the safety level of that vehicleø; or¿; 

30 

(iv) compliance with the standard would prevent the manufacturer from selling a motor vehicle with an overall safety 

level at least equal to the overall safety level of nonexempt 

vehiclesø.¿; or 

(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. 

(c) CONTENTS OF APPLICATIONS.—A manufacturer applying for an 

exemption under subsection (b) of this section shall include the following information in the application: 

(1) if the application is made under subsection (b)(3)(B)(i) of 

this section, a complete financial statement describing the economic hardship and a complete description of the manufacturer’s good faith effort to comply with each motor vehicle safety 

standard prescribed under this chapter, or a bumper standard 

prescribed under chapter 325 of this title, from which the manufacturer is requesting an exemption. 

(2) if the application is made under subsection (b)(3)(B)(ii) of 

this section, a record of the research, development, and testing 

establishing the innovative nature of the safety feature and a 

detailed analysis establishing that the safety level of the feature at least equals the safety level of the standard. 

(3) if the application is made under subsection (b)(3)(B)(iii) 

of this section, a record of the research, development, and testing establishing that the motor vehicle is a low-emission motor 

vehicle and that the safety level of the vehicle is not lowered 

unreasonably by exemption from the standard. 

(4) if the application is made under subsection (b)(3)(B)(iv) of 

this section, a detailed analysis showing how the vehicle provides an overall safety level at least equal to the overall safety 

level of nonexempt vehicles. 

(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. 

(d) ELIGIBILITY.—øA 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 

31 

year of production is not more than 10,000. A manufacturer is eligible for an exemption under subsection (b)(3)(B)(ii), (iii), or (iv) 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.¿ 

(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. 

(e) MAXIMUM PERIOD.—øAn exemption or renewal under subsection (b)(3)(B)(i) of this section may be granted for not more than 

3 years. An exemption or renewal under subsection (b)(3)(B)(ii), 

(iii), or (iv) of this section may be granted for not more than 2 

years.¿ 

(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. 

(f) DISCLOSURE.—The Secretary may make public, by the 10th 

day after an application is filed, information contained in the application or relevant to the application unless the information concerns or is related to a trade secret or other confidential information not relevant to the application. 

(g) NOTICE OF DECISION.—The Secretary shall publish in the 

Federal Register a notice of each decision granting an exemption 

under this section and the reasons for granting it. 

32 

(h) PERMANENT LABEL REQUIREMENT.—The Secretary shall require a permanent label to be fixed to a motor vehicle granted an 

exemption under this section. The label shall either name or describe each motor vehicle safety standard prescribed under this 

chapter or bumper standard prescribed under chapter 325 of this 

title from which the vehicle is exempt. The Secretary may require 

that written notice of an exemption be delivered by appropriate 

means to the dealer and the first purchaser of the vehicle other 

than for resale. 

(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. 

* * * * * * * 

33 

§ 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 

34 

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. 

35 

§ 30130. Cybersecurity of automated driving systems 

(a) CYBERSECURITY PLAN.—A manufacturer may not sell, offer for 

sale, introduce or deliver for introduction into commerce, or import 

into the United States, any highly automated vehicle, vehicle that 

performs partial driving automation, or automated driving system 

unless such manufacturer has developed a cybersecurity plan that 

includes the following: 

(1) A written cybersecurity policy with respect to the practices 

of the manufacturer for detecting and responding to cyber attacks, unauthorized intrusions, and false and spurious messages or vehicle control commands. This policy shall include— 

(A) a process for identifying, assessing, and mitigating 

reasonably foreseeable vulnerabilities from cyber attacks or 

unauthorized intrusions, including false and spurious messages and malicious vehicle control commands; and 

(B) a process for taking preventive and corrective action 

to mitigate against vulnerabilities in a highly automated 

vehicle or a vehicle that performs partial driving automation, including incident response plans, intrusion detection 

and prevention systems that safeguard key controls, systems, and procedures through testing or monitoring, and 

updates to such process based on changed circumstances. 

(2) The identification of an officer or other individual of the 

manufacturer as the point of contact with responsibility for the 

management of cybersecurity. 

(3) A process for limiting access to automated driving systems. 

(4) A process for employee training and supervision for implementation and maintenance of the policies and procedures required by this section, including controls on employee access to 

automated driving systems. 

(b) EFFECTIVE DATE.—This section shall take effect 180 days after 

the date of enactment of this section. 

§ 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. 

* * * * * * * 

SUBCHAPTER IV—ENFORCEMENT AND ADMINISTRATIVE 

* * * * * * * 

36 

§ 30165. Civil penalty 

(a) CIVIL PENALTIES.— (1) IN GENERAL.—A person that violates any of section 30112, 

30115, 30117 through 30122, 30123(a), 30125(c), 30127, 30130, 

30141 through 30147, or 31137, or a regulation prescribed 

thereunder, is liable to the United States Government for a 

civil penalty of not more than $5,000 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum 

penalty under this subsection for a related series of violations 

is $35,000,000. 

(2) SCHOOL BUSES.— (A) IN GENERAL.—Notwithstanding paragraph (1), the 

maximum amount of a civil penalty under this paragraph 

shall be $10,000 in the case of— 

(i) the manufacture, sale, offer for sale, introduction 

or delivery for introduction into interstate commerce, 

or importation of a school bus or school bus equipment 

(as those terms are defined in section 30125(a) of this 

title) in violation of section 30112(a)(1) of this title; or 

(ii) a violation of section 30112(a)(2) of this title. 

(B) RELATED SERIES OF VIOLATIONS.—A separate violation occurs for each motor vehicle or item of motor vehicle 

equipment and for each failure or refusal to allow or perform an act required by that section. The maximum penalty under this paragraph for a related series of violations 

is $15,000,000. 

(3) SECTION 30166.—Except as provided in paragraph (4), a 

person who violates section 30166 or a regulation prescribed 

under that section is liable to the United States Government 

for a civil penalty for failing or refusing to allow or perform an 

act required under that section or regulation. The maximum 

penalty under this paragraph is $5,000 per violation per day. 

The maximum penalty under this paragraph for a related series of daily violations is $35,000,000. 

(4) FALSE OR MISLEADING REPORTS.—A person who knowingly 

and willfully submits materially false or misleading information to the Secretary, after certifying the same information as 

accurate under the certification process established pursuant 

to section 30166(o), shall be subject to a civil penalty of not 

more than $5,000 per day. The maximum penalty under this 

paragraph for a related series of daily violations is $1,000,000. 

(b) COMPROMISE AND SETOFF.—(1) The Secretary of Transportation may compromise the amount of a civil penalty imposed 

under this section. 

(2) The Government may deduct the amount of a civil penalty 

imposed or compromised under this section from amounts it owes 

the person liable for the penalty. 

(c) RELEVANT FACTORS IN DETERMINING AMOUNT OF PENALTY OR

COMPROMISE.—In determining the amount of a civil penalty or 

compromise under this section, the Secretary of Transportation 

shall consider the nature, circumstances, extent, and gravity of the 

violation. Such determination shall include, as appropriate— 

(1) the nature of the defect or noncompliance; 

37 

(2) knowledge by the person charged of its obligations under 

this chapter; 

(3) the severity of the risk of injury; 

(4) the occurrence or absence of injury; 

(5) the number of motor vehicles or items of motor vehicle 

equipment distributed with the defect or noncompliance; 

(6) actions taken by the person charged to identify, investigate, or mitigate the condition; 

(7) the appropriateness of such penalty in relation to the size 

of the business of the person charged, including the potential 

for undue adverse economic impacts; 

(8) whether the person has been assessed civil penalties 

under this section during the most recent 5 years; and 

(9) other appropriate factors. 

(d) SUBPENAS FOR WITNESSES.—In a civil action brought under 

this section, a subpena for a witness may be served in any judicial 

district. 

* * * * * * * 

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