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

<DOC>

115th CONGRESS
  1st Session
                                S. 1885

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

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           September 28, 2017

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

_______________________________________________________________________

                                 A BILL

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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

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

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

SEC. 2. DEFINITIONS.

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

SEC. 3. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Section 30103 of title 49, United States Code, is 
amended--
            (1) in 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) in 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.''.
    (b) Licensing.--Notwithstanding section 30103 of title 49, United 
States Code, as amended by subsection (a), a State may not issue a 
motor vehicle operator's license for the operation or use of a 
dedicated highly automated vehicle in a manner that discriminates on 
the basis of disability (as defined in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102)).

SEC. 4. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED VEHICLES CONFLICTS 
              WITH STANDARDS.

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

SEC. 5. HIGHLY AUTOMATED VEHICLES TESTING.

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

SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS.

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

SEC. 7. INOPERATIVE CONTROLS.

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

SEC. 8. LEVELS OF DRIVING AUTOMATION.

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

SEC. 9. SAFETY EVALUATION REPORT.

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

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

SEC. 10. HIGHLY AUTOMATED VEHICLES TECHNICAL COMMITTEE.

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

SEC. 11. HIGHLY AUTOMATED VEHICLES RULEMAKING.

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

SEC. 12. CONSUMER EDUCATION.

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

SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT.

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

SEC. 14. CYBERSECURITY.

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

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

SEC. 15. SAVINGS PROVISION.

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