II 

Calendar No. 268 

115TH CONGRESS 

1ST SESSION S. 1885 

[Report No. 115–187] 

To support the development of highly automated vehicle safety technologies, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2017 

Mr. THUNE (for himself, Mr. PETERS, Mr. BLUNT, and Ms. STABENOW) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

NOVEMBER 28, 2017 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To support the development of highly automated vehicle 

safety technologies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

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1 vancement of Revolutionary Technologies Act’’ or the ‘‘AV 

2 START Act’’. 

3 (b) TABLE OF CONTENTS.—The table of contents of 

4 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. 

5 SEC. 2. DEFINITIONS. 

6 (a) IN GENERAL.—In this Act: 

7 (1) AUTOMATED DRIVING SYSTEM; DEDICATED

8 HIGHLY AUTOMATED VEHICLE; HIGHLY AUTOMATED

9 VEHICLE; MANUFACTURER; MOTOR VEHICLE; MOTOR

10 VEHICLE EQUIPMENT.—The terms ‘‘automated driv11 ing system’’, ‘‘dedicated highly automated vehicle’’, 

12 ‘‘highly automated vehicle’’, ‘‘manufacturer’’, ‘‘motor 

13 vehicle’’, and ‘‘motor vehicle equipment’’ have the 

14 meanings given such terms in section 30102 of title 

15 49, United States Code, as amended by subsection 

16 (b). 

17 (2) NHTSA.—The term ‘‘NHTSA’’ means the 

18 National Highway Traffic Safety Administration. 


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1 (3) SECRETARY.—The term ‘‘Secretary’’ means 

2 the Secretary of Transportation. 

3 (b) MOTOR VEHICLE SAFETY CHAPTER.—Section 

4 30102(a) of title 49, United States Code, is amended— 

5 (1) by redesignating paragraphs (5) through 

6 (13) as paragraphs (8) through (16) respectively; 

7 (2) by redesignating paragraphs (3) and (4) as 

8 paragraphs (5) and (6), respectively; 

9 (3) by redesignating paragraphs (1) and (2) as 

10 paragraphs (2) and (3), respectively; 

11 (4) by inserting before paragraph (2), as redes12 ignated, the following: 

13 ‘‘(1) AUTOMATED DRIVING SYSTEM.—In de14 scribing a Level 3, 4, or 5 automated driving system 

15 (as defined by SAE International standard J3016, 

16 published on September 30, 2016, or subsequently 

17 adopted by the Secretary), the term ‘automated driv18 ing system’ means the hardware and software that 

19 is collectively capable of performing the entire dy20 namic driving task on a sustained basis, regardless 

21 of whether the system is limited to a specific oper22 ational design domain.’’; 

23 (5) by inserting after paragraph (3), as redesig24 nated, the following: 


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1 ‘‘(4) DEDICATED HIGHLY AUTOMATED VEHI2 CLE.—The term ‘dedicated highly automated vehicle’ 

3 means a highly automated vehicle designed to be op4 erated exclusively (as defined by the SAE Inter5 national standard J3016, published on September 

6 30, 2016) by a Level 4 or 5 automated driving sys7 tem (as defined by the SAE International standard 

8 J3016, published on September 30, 2016, or subse9 quently adopted by the Secretary) for all trips.’’; and 

10 (6) by inserting after paragraph (6), as redesig11 nated, the following: 

12 ‘‘(7) HIGHLY AUTOMATED VEHICLE.—The term 

13 ‘highly automated vehicle’ means a motor vehicle 

14 with a gross vehicle weight of 10,000 pounds or less 

15 that is equipped with a Level 3, 4, or 5 automated 

16 driving system (as defined by SAE International 

17 standard J3016, published on September 30, 2016, 

18 or subsequently adopted by the Secretary).’’. 

19 SEC. 3. RELATIONSHIP TO OTHER LAWS. 

20 (a) IN GENERAL.—Section 30103 of title 49, United 

21 States Code, is amended— 

22 (1) in subsection (b), to read as follows: 

23 ‘‘(b) PREEMPTION.— 

24 ‘‘(1) HIGHLY AUTOMATED VEHICLES.—No 

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1 tain, enforce, prescribe, or continue in effect any law 

2 or regulation regarding the design, construction, or 

3 performance of highly automated vehicles, auto4 mated driving systems, or components of automated 

5 driving systems unless such law or regulation is 

6 identical to a standard prescribed under this chap7 ter. 

8 ‘‘(2) MOTOR VEHICLE STANDARD.—When a 

9 motor vehicle safety standard is in effect under this 

10 chapter, a State or political subdivision of a State 

11 may prescribe or continue in effect a standard appli12 cable to the same aspect of performance of a motor 

13 vehicle or motor vehicle equipment only if the stand14 ard is identical to the standard prescribed under this 

15 chapter. 

16 ‘‘(3) RULES OF CONSTRUCTION.— 

17 ‘‘(A) IN GENERAL.—Nothing in this sub18 section may be construed to prohibit a State or 

19 a political subdivision of a State from maintain20 ing, enforcing, prescribing, or continuing in ef21 fect any law or regulation regarding registra22 tion, licensing, driving education and training, 

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1 in a State or political subdivision of a State, or 

2 traffic unless the law or regulation is an unrea3 sonable restriction on the design, construction, 

4 or performance of highly automated vehicles, 

5 automated driving systems, or components of 

6 automated driving systems. 

7 ‘‘(B) MOTOR VEHICLE DEALERS.—Nothing 

8 in this subsection may be construed to prohibit 

9 a State or political subdivision of a State from 

10 maintaining, enforcing, prescribing, or con11 tinuing in effect any law or regulation regard12 ing the sale, distribution, repair, or service of 

13 highly automated vehicles, automated driving 

14 systems, or components of automated driving 

15 systems by a dealer, manufacturer, or dis16 tributor. 

17 ‘‘(C) CONFORMITY WITH FEDERAL LAW.— 

18 Nothing in this subsection shall be construed to 

19 preempt, restrict, or limit a State or political 

20 subdivision of a State from acting in accordance 

21 with any other Federal law. 

22 ‘‘(4) HIGHER PERFORMANCE REQUIREMENT.— 

23 However, the United States Government, a State, or 

24 a political subdivision of a State may prescribe a 

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1 ment, highly automated vehicle, or automated driv2 ing system obtained for its own use that imposes a 

3 higher performance requirement than that required 

4 by the otherwise applicable standard under this 

5 chapter. 

6 ‘‘(5) STATE ENFORCEMENT.—A State may en7 force a standard that is identical to a standard pre8 scribed under this chapter.’’; and 

9 (2) in subsection (e), to read as follows: 

10 ‘‘(e) COMMON LAW LIABILITY.— 

11 ‘‘(1) IN GENERAL.—Compliance with a motor 

12 vehicle safety standard prescribed under this chapter 

13 does not exempt a person from liability at common 

14 law. 

15 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

16 this section shall be construed to preempt common 

17 law claims.’’. 

18 (b) LICENSING.—Notwithstanding section 30103 of 

19 title 49, United States Code, as amended by subsection 

20 (a), a State may not issue a motor vehicle operator’s li21 cense for the operation or use of a dedicated highly auto22 mated vehicle in a manner that discriminates on the basis 

23 of disability (as defined in section 3 of the Americans with 

24 Disabilities Act of 1990 (42 U.S.C. 12102)). 


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1 SEC. 4. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED 

2 VEHICLES CONFLICTS WITH STANDARDS. 

3 (a) DEFINITIONS.—In this section: 

4 (1) DIRECTOR.—The term ‘‘Director’’ means 

5 the Director of the John A. Volpe National Trans6 portation Systems Center of the Department of 

7 Transportation. 

8 (2) DYNAMIC DRIVING TASK.—The term ‘‘dy9 namic driving task’’ has the meaning given the term 

10 by SAE International standard J3016, published on 

11 September 30, 2016. 

12 (3) SAFETY STANDARD.—The term ‘‘safety 

13 standard’’ means a Federal motor vehicle safety 

14 standard prescribed under chapter 301 of title 49, 

15 United States Code. 

16 (b) REFERENCES TO HUMAN DRIVERS.—Not later 

17 than 180 days after the date of the enactment of this Act, 

18 the Director or other designated entity, after consultation 

19 with stakeholders, shall prepare and submit to the Sec20 retary a report that identifies each provision, requirement, 

21 specification, or procedure in a safety standard with a ref22 erence to features of the equipment that— 

23 (1) are necessary only for the performance of 

24 the dynamic driving task by a human driver; 


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1 (2) specify a location or reference point within 

2 a vehicle by reference to the position of a human 

3 driver; or 

4 (3) serve a purpose of providing information to, 

5 or receiving input from, a human driver engaged in 

6 performing the dynamic driving task. 

7 (c) SUBSTITUTION OF CONFORMING REFERENCES TO

8 AUTOMATED SYSTEMS.— 

9 (1) IN GENERAL.—In each provision of the re10 port prepared under subsection (b) identifying the 

11 text of a regulation from a safety standard, a test 

12 procedure, or a method for determining compliance 

13 with a safety standard, the Director or designated 

14 entity shall include— 

15 (A) an alternative reference to an auto16 mated system that is suitable for assessing, 

17 through an objective test procedure, the compli18 ance of a dedicated highly automated vehicle, or 

19 of a highly automated vehicle operating in auto20 mated mode, with the safety standard; or 

21 (B) a determination that— 

22 (i) the relevant regulatory text applies 

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1 ance of a dynamic driving task by a human 

2 driver; and 

3 (ii) no alternative reference to an 

4 automated system is practicable. 

5 (2) CONDITIONS.—In carrying out paragraph 

6 (1), the Director or designated entity— 

7 (A) shall ensure that all requirements re8 main objective and practicable; 

9 (B) may not modify the purpose of any 

10 safety standard; and 

11 (C) may specify different references for— 

12 (i) dedicated highly automated vehi13 cles that are intended for human occu14 pancy; and 

15 (ii) dedicated highly automated vehi16 cles that are not designed, intended, or 

17 marketed for human occupancy. 

18 (d) RULEMAKING.— 

19 (1) COMMENCEMENT.—Not later than 90 days 

20 after the date on which the Director or designated 

21 entity submits the report under subsection (b), the 

22 Secretary shall commence a rulemaking proceeding 

23 to incorporate the report by reference into the rel24 evant safety standards, except as provided in para25 graph (3). 


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1 (2) FINAL RULE.—Not later than 1 year after 

2 the Director or other entity submits the report 

3 under subsection (b), the Secretary shall issue a 

4 final rule to incorporate the report by reference into 

5 the relevant safety standards, except as provided in 

6 paragraph (3). 

7 (3) ALTERNATIVE TEXT.—If the Secretary de8 termines that one or more of the revisions to a regu9 lation contained in the report submitted under sub10 section (b) is not objective, is not practicable, or 

11 does not meet the need for motor vehicle safety, the 

12 Secretary shall incorporate alternative regulatory 

13 text. 

14 (4) INCORPORATION BY REFERENCE.—If the 

15 Secretary does not complete the rulemaking pro16 ceeding under this subsection within 1 year after the 

17 submission of the report under subsection (b), the 

18 revisions to regulations contained in such report 

19 shall be incorporated by reference into the relevant 

20 safety standards. 

21 (e) SAVINGS PROVISION.—Nothing in this section 

22 may be construed to prohibit the Secretary from maintain23 ing different test procedures for highly automated vehicles 

24 that retain the capability to be operated by a human driver 


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1 when such vehicles are not operating in an automated 

2 mode. 

3 SEC. 5. HIGHLY AUTOMATED VEHICLES TESTING. 

4 Section 30112(b) of title 49, United States Code, is 

5 amended— 

6 (1) in paragraph (9), by striking ‘‘or’’ at the 

7 end; 

8 (2) in paragraph (10)— 

9 (A) in the matter preceding subparagraph 

10 (A), by inserting ‘‘(except for a highly auto11 mated vehicle)’’ after ‘‘the introduction of a 

12 motor vehicle’’; and 

13 (B) in subparagraph (C), by striking the 

14 period at the end and inserting ‘‘; or’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(11) the introduction of a motor vehicle into 

17 interstate commerce solely for the purposes of test18 ing, evaluation, or demonstration of a highly auto19 mated vehicle or automated driving system if— 

20 ‘‘(A) the testing, evaluation, or demonstra21 tion of the vehicle is only conducted by employ22 ees, agents, or fleet management contractors of 

23 the manufacturer of the highly automated vehi24 cle, the automated driving system, or any com25 ponent thereof; 


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1 ‘‘(B) such manufacturer agrees not to sell, 

2 lease, or offer for sale or lease, the vehicle or 

3 system at the conclusion of the testing, evalua4 tion, or demonstration; and 

5 ‘‘(C) such manufacturer has submitted ap6 propriate manufacturer identification informa7 tion that is similar to information submitted by 

8 manufacturers subject to a Federal motor vehi9 cle safety standard under part 566 of title 49, 

10 Code of Federal Regulations, before the com11 mencement of such testing or evaluation.’’. 

12 SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS. 

13 (a) IN GENERAL.—Section 30113 of title 49, United 

14 States Code, is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘this section,’’ and insert17 ing the following: ‘‘this section— 

18 ‘‘(1) the term’’; 

19 (B) by striking the period at the end and 

20 inserting ‘‘; and’’; and 

21 (C) by adding at the end the following: 

22 ‘‘(2) the term ‘new motor vehicle safety feature’ 

23 includes any feature that enables a highly automated 

24 vehicle or an automated driving system, regardless 


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1 of whether an exemption has already been granted 

2 for a similar feature on another model or models.’’; 

3 (2) in subsection (b)— 

4 (A) by amending paragraph (2) to read as 

5 follows: 

6 ‘‘(2) The Secretary may begin a proceeding under 

7 this subsection when a manufacturer applies for an exemp8 tion or a renewal of an exemption. The Secretary shall 

9 publish notice of the application and provide an oppor10 tunity to comment. An application for an exemption or 

11 for a renewal of an exemption shall be filed at a time and 

12 in the way, and contain such information, this section and 

13 the Secretary require. The Secretary shall grant or deny 

14 an exemption for a highly automated vehicle not later than 

15 180 days after receiving an application for such exemption 

16 from a manufacturer.’’; and 

17 (B) in paragraph (3)(B)(iv), by inserting 

18 ‘‘or introducing or delivering into interstate 

19 commerce’’ after ‘‘selling’’; 

20 (3) in subsection (d)— 

21 (A) by inserting ‘‘(1)’’ after ‘‘ELIGI22 BILITY.—’’; and 

23 (B) by striking the second sentence and in24 serting the following: 


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1 ‘‘(2) A manufacturer is eligible for an exemp2 tion under clause (ii), (iii), or (iv) of subsection 

3 (b)(3)(B) only if the Secretary determines that— 

4 ‘‘(A) the exemption is for not more than 

5 2,500 vehicles to be sold in the United States 

6 in any 12-month period; or 

7 ‘‘(B) the vehicle is a highly automated ve8 hicle; and 

9 ‘‘(i) during the 12-month period be10 ginning on the date of the enactment of 

11 the AV START Act, the exemption is for 

12 not more than 50,000 vehicles to be sold 

13 or introduced into interstate commerce in 

14 the United States; 

15 ‘‘(ii) during the 12-month period im16 mediately following the period described in 

17 clause (i), the exemption is for not more 

18 than 75,000 vehicles to be sold or intro19 duced into interstate commerce in the 

20 United States; and 

21 ‘‘(iii) during any 12-month period fol22 lowing the period described in clause (ii), 

23 the exemption is for not more than 

24 100,000 vehicles to be sold or introduced 


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1 into interstate commerce in the United 

2 States. 

3 ‘‘(C) A manufacturer of a highly auto4 mated vehicle may petition the Secretary to ex5 pand the exemption under paragraph (2)(B) to 

6 more than 100,000 vehicles in any 12-month 

7 period after the exemption has been in place for 

8 5 years.’’; and 

9 (4) in subsection (e), by inserting ‘‘, unless the 

10 vehicle is a highly automated vehicle’’ before the pe11 riod at the end. 

12 (b) SUNSET.—A manufacturer’s eligibility for an ex13 emption from a provision, clause, sentence, or paragraph 

14 in a motor vehicle safety standard under section 

15 30113(d)(2)(B) of title 49, United States Code, as amend16 ed by subsection (a), shall end on the date on which a 

17 standard (except for a standard promulgated under sec18 tion 4 of this Act) that amends the provision, clause, sen19 tence, or paragraph from which an exemption is sought 

20 takes effect, with due consideration for any lead time spec21 ified for compliance. 

22 SEC. 7. INOPERATIVE CONTROLS. 

23 Section 30122(b) of title 49, United States Code, is 

24 amended— 


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1 (1) by inserting ‘‘(1)’’ before ‘‘A manufac2 turer’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(2) The prohibition under paragraph (1) shall not 

5 apply to a manufacturer that intentionally allows a device 

6 or element of design installed on or in a motor vehicle or 

7 item of equipment in compliance with an applicable motor 

8 vehicle safety standard to be temporarily disabled during 

9 the time that an automated driving system is performing 

10 the entire dynamic driving task.’’. 

11 SEC. 8. LEVELS OF DRIVING AUTOMATION. 

12 (a) USE OF SAE INTERNATIONAL’S TAXONOMY AND

13 DEFINITIONS.—The Secretary shall use the taxonomy and 

14 definitions for automated driving systems set forth in SAE 

15 International standard J3016, published on September 

16 30, 2016, for the various levels of automation for motor 

17 vehicles. 

18 (b) REVIEW.— 

19 (1) IN GENERAL.—The Secretary— 

20 (A) shall review the taxonomy and defini21 tions for automated driving systems set forth by 

22 SAE International to ensure that such tax23 onomy and definitions are clear and objective; 

24 and 


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1 (B) may provide feedback to SAE Inter2 national for potential updates. 

3 (2) USE OF REVISED STANDARD.— 

4 (A) DETERMINATION.—Not later than 120 

5 days after SAE International revises the stand6 ard referred to in subsection (a), the Secretary, 

7 after publishing notice of the revision in the 

8 Federal Register, shall determine whether to 

9 adopt the revised standard to identify the var10 ious levels of automation for motor vehicles. 

11 (B) EFFECT OF DECISION NOT TO ADOPT

12 THE REVISED STANDARD.—If the Secretary de13 cides not to adopt the revised standard— 

14 (i) the Secretary shall notify SAE 

15 International of the Secretary’s decision; 

16 and 

17 (ii) the definitions referred to in sub18 section (a) shall remain in effect. 

19 SEC. 9. SAFETY EVALUATION REPORT. 

20 (a) IN GENERAL.—Subchapter I of chapter 301 of 

21 title 49, United States Code, is amended by adding at the 

22 end the following: 

23 ‘‘§ 30107. Highly automated vehicles safety evaluation 

24 report 

25 ‘‘(a) IN GENERAL.— 


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1 ‘‘(1) REQUIREMENT.—Each manufacturer in2 troducing a new highly automated vehicle or auto3 mated driving system into interstate commerce shall 

4 provide a safety evaluation report, in accordance 

5 with this section, that describes how the manufac6 turer is addressing the safety of such vehicle or sys7 tem. 

8 ‘‘(2) SUBMISSION.—Each manufacturer de9 scribed in paragraph (1) shall— 

10 ‘‘(A) submit a report to the Secretary— 

11 ‘‘(i) upon testing a highly automated 

12 vehicle or automated driving system; and 

13 ‘‘(ii) not later than 90 days before 

14 selling, offering for sale, or otherwise com15 mercializing a highly automated vehicle or 

16 automated driving system; and 

17 ‘‘(B) annually submit, until the vehicle or 

18 system is no longer being sold, offered for sale, 

19 or otherwise introduced into interstate com20 merce by the manufacturer or until the system 

21 is no longer being incorporated into new motor 

22 vehicles by the manufacturer, an updated report 

23 to the Secretary that— 


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1 ‘‘(i) may disclose that no significant 

2 changes were made to the vehicle or sys3 tem; and 

4 ‘‘(ii) shall provide aggregate results of 

5 any significant safety deviation from ex6 pected performance disclosed in the pre7 vious report. 

8 ‘‘(3) REVIEW.—The Secretary— 

9 ‘‘(A) shall review each report submitted 

10 under paragraph (2); and 

11 ‘‘(B) may require that the manufacturer 

12 submit additional or clarifying information. 

13 ‘‘(4) LIMITATION.—The Secretary may not con14 dition the manufacture, testing, sale, offer for sale, 

15 or introduction into interstate commerce of a highly 

16 automated vehicle or automated driving system 

17 based on a review of a safety evaluation report or 

18 additional information submitted under this section. 

19 ‘‘(b) SAFETY EVALUATION REPORT SUBJECT

20 AREAS.—Each report submitted by a manufacturer under 

21 subsection (a) shall describe how the manufacturer is ad22 dressing, through a documented assessment, testing, and 

23 validation process, each of the subject areas described in 

24 paragraphs (1) through (9). 


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1 ‘‘(1) SYSTEM SAFETY.—The avoidance of un2 reasonable risks to safety, including— 

3 ‘‘(A) assurance that systems, including 

4 hardware and software, perform intended func5 tions; 

6 ‘‘(B) the mitigation of unreasonable risks 

7 to safety caused by a malfunction of the auto8 mated driving system; and 

9 ‘‘(C) sense of objects, motorcyclists, 

10 bicyclists, pedestrians, and animals in or cross11 ing the path of travel through the automated 

12 driving system. 

13 ‘‘(2) DATA RECORDING.—The collection by the 

14 vehicle of automated driving system performance in15 formation and incident and crash data— 

16 ‘‘(A) to record the occurrence of malfunc17 tions, disengagements, degradations, or failures; 

18 ‘‘(B) to aid in the analysis of the cause of 

19 any issues described in subparagraph (A); 

20 ‘‘(C) to enable efforts to work with other 

21 entities to address data recording and sharing; 

22 and 

23 ‘‘(D) with respect to event data recorder 

24 information, that complies with the collection 


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1 and sharing requirements under the FAST Act 

2 (Public Law 114–94). 

3 ‘‘(3) CYBERSECURITY.—The minimization of 

4 cybersecurity risks to safety and the exchange of in5 formation about any vulnerabilities discovered from 

6 field incidents, internal testing, or external security 

7 research. 

8 ‘‘(4) HUMAN-MACHINE INTERFACE.— 

9 ‘‘(A) The methods of informing the human 

10 driver or operator about whether the automated 

11 driving system is functioning properly. 

12 ‘‘(B) For a Level 3 vehicle, the methods to 

13 address driver reengagement. 

14 ‘‘(C) The use of a human-machine inter15 face by people with disabilities through visual, 

16 auditory, or haptic displays, or other methods. 

17 ‘‘(5) CRASHWORTHINESS.—Practicable protec18 tion for all occupants given any planned seating po19 sitions or interior configurations. 

20 ‘‘(6) CAPABILITIES.—The capabilities and limi21 tations of the highly automated vehicle or automated 

22 driving system. 

23 ‘‘(7) POST-CRASH BEHAVIOR.—The post-crash 

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1 mated driving system if sensors or critical systems 

2 are damaged in a crash. 

3 ‘‘(8) ACCOUNT FOR APPLICABLE LAWS.—The 

4 account of applicable traffic laws and rules of the 

5 road, based on operational design domain, in the de6 velopment of a highly automated vehicle or auto7 mated driving system. 

8 ‘‘(9) AUTOMATION FUNCTION.— 

9 ‘‘(A) The expected operational design do10 main in which the highly automated vehicle or 

11 automated driving system is designed to oper12 ate, including any roadway and infrastructure 

13 assets required for the operation of the highly 

14 automated vehicle or automated driving system, 

15 such as roadside equipment, pavement mark16 ings, signage, and traffic signals, and how it 

17 will respond if that operational design domain 

18 unexpectedly changes. 

19 ‘‘(B) The automated driving system’s ex20 pected object and event detection and response 

21 capabilities, including behavioral competencies 

22 and crash avoidance capability. 

23 ‘‘(C) The ability of the highly automated 

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1 tion to a minimal risk condition when a mal2 function is encountered. 

3 ‘‘(D) The performance of the vehicle 

4 through the manufacturer’s development and 

5 implementation of tests, including simulation, 

6 test track, and on-road testing. 

7 ‘‘(c) CERTIFICATION OF INAPPLICABLE CAT8 EGORIES.—A manufacturer that is solely testing a vehicle 

9 or system may certify that one or more of the categories 

10 set forth in subsection (b) do not apply. 

11 ‘‘(d) PUBLICLY AVAILABLE.—The Secretary shall 

12 make any report submitted by a manufacturer under this 

13 section publicly available as soon as practicable, except the 

14 Secretary may not make publicly available any information 

15 relating to a trade secret or confidential business informa16 tion, or which is privileged. The manufacturer may submit 

17 information related to a trade secret or confidential busi18 ness information separately from the report. 

19 ‘‘(e) OFFICIAL SIGNATURE.—Each report submitted 

20 by an entity under this section shall be reviewed by a sen21 ior official of the entity who— 

22 ‘‘(1) is knowledgeable about the information 

23 contained in the report; and 


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1 ‘‘(2) shall certify that, based on the official’s 

2 knowledge, the report does not contain any untrue 

3 statement of a material fact. 

4 ‘‘(f) TERMINATION OF OBLIGATION TO DISCLOSE IN5 FORMATION.— 

6 ‘‘(1) IN GENERAL.—A manufacturer’s obliga7 tion to provide information on a specific category 

8 under subsection (b) shall end on the effective date 

9 of a motor vehicle safety standard applicable to the 

10 same aspect of vehicle or system performance as is 

11 covered by the category, with due consideration for 

12 any lead time specified for compliance. 

13 ‘‘(2) EFFECT OF NEW STANDARD.—In adopting 

14 any standard applicable to highly automated vehicle 

15 performance, the Secretary shall— 

16 ‘‘(A) identify the category under subsection 

17 (b) to which the standard relates, if any; and 

18 ‘‘(B) specify what information is no longer 

19 required to be included in the report as a result 

20 of the new standard. 

21 ‘‘(g) RULE OF CONSTRUCTION.— 

22 ‘‘(1) SUBMISSIONS.—A manufacturer may sub23 mit a safety evaluation report for vehicles introduced 

24 into interstate commerce before the date of the en25 actment of the AV START Act. 


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1 ‘‘(2) SAVINGS PROVISIONS.—Nothing in this 

2 section may be construed to amend, limit the au3 thority, or prohibit the use of the information in4 cluded in the report under chapter 301 of title 49, 

5 United States Code.’’. 

6 (b) CLERICAL AMENDMENT.—The analysis for chap7 ter 301 of title 49, United States Code, is amended by 

8 inserting after the item relating to section 30106 the fol9 lowing: 

‘‘30107. Highly automated vehicles safety evaluation report.’’. 

10 (c) EFFECTIVE DATE.—The amendments made by 

11 this section shall take effect on the date that is 90 days 

12 after the date of the enactment of this Act. 

13 SEC. 10. HIGHLY AUTOMATED VEHICLES TECHNICAL COM14 MITTEE. 

15 (a) ESTABLISHMENT.—Not later than 180 days after 

16 the date of the enactment of this Act, the Secretary shall 

17 establish a Highly Automated Vehicles Technical Com18 mittee (referred to in this section as the ‘‘Committee’’) 

19 to provide a forum for stakeholders to discuss, prioritize, 

20 and make technical recommendations for highly auto21 mated vehicle and automated driving system safety. 

22 (b) MEMBERSHIP.— 

23 (1) VOTING MEMBERS.—The Secretary— 

24 (A) shall appoint 15 voting members to the 

25 Committee who— 


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1 (i) are specially qualified to serve on 

2 the Committee because of their technical 

3 knowledge of automated driving systems, 

4 vehicle-to-vehicle infrastructure systems, or 

5 the impact of such systems on Federal 

6 motor vehicle safety standards; and 

7 (ii) shall include representatives of 

8 SAE International, automated vehicle 

9 proving grounds designated by the Depart10 ment of Transportation, highly automated 

11 vehicle and automated driving system man12 ufacturers, safety organizations, State and 

13 local government agencies, and other orga14 nizations directly or indirectly impacted by 

15 NHTSA regulations; and 

16 (B) may appoint new members to the 

17 Committee at any time. 

18 (2) COMPENSATION.—Members of the Com19 mittee shall serve without compensation. 

20 (3) CHAIRPERSON.—The Secretary, or the Sec21 retary’s designee, shall act as Chairperson of the 

22 Committee, but will not have voting rights, except to 

23 break a tie. 

24 (c) DUTIES.— 


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1 (1) RECOMMENDATIONS.—The Committee shall 

2 provide consensus-based recommendations to the 

3 Secretary on rulemaking, policy, and guidance re4 garding highly automated vehicle safety, including— 

5 (A) the identification and creation of per6 formance standards; and 

7 (B) the harmonization of national highly 

8 automated vehicle safety standards with inter9 national standards. 

10 (2) SCOPE.—The Committee shall study issues 

11 relating to highly automated vehicles, including— 

12 (A) system safety; 

13 (B) automated steering and braking; 

14 (C) crashworthiness for vehicles with un15 conventional seating positions or vehicles not in16 tended for human occupancy; 

17 (D) event data recording and data access 

18 and sharing; 

19 (E) accessibility for people with physical, 

20 sensory, or other disabilities, including for those 

21 who rely on mobility devices; 

22 (F) potential conflicts with existing Fed23 eral motor vehicle safety standards; and 

24 (G) any other issue the Secretary considers 

25 appropriate. 


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1 (3) SUPPORT.—The NHTSA Office of Rule2 making and the NHTSA Office of Vehicle Safety 

3 Research shall provide support services to the Com4 mittee. 

5 (4) MEETINGS.—The Committee shall meet not 

6 less frequently than 4 times per year. Committee 

7 meetings shall be open to the public, except in cir8 cumstances in which a meeting is likely to discuss— 

9 (A) internal personnel rules and practices 

10 of the NHTSA; 

11 (B) matters specifically exempted from dis12 closure by statute; 

13 (C) trade secrets or confidential or privi14 leged business information; 

15 (D) matters involving criminal accusation 

16 or official censure; 

17 (E) information of a personal nature that, 

18 if disclosed, would constitute an unwarranted 

19 invasion of personal privacy; or 

20 (F) investigatory records that might inter21 fere with enforcement proceedings. 

22 (5) WORKING GROUPS.— 

23 (A) IN GENERAL.—The Committee may 

24 establish temporary working groups, as nec25 essary, to address specific issues. Each working 


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1 group shall include at least 1 member who rep2 resents a manufacturer of highly automated ve3 hicles or automated driving systems and other 

4 individuals who are subject matter experts on 

5 the issue before the working group. 

6 (B) DISABILITY ACCESS.—The Committee 

7 shall establish a working group to develop vol8 untary best practices regarding highly auto9 mated vehicle accessibility for people with phys10 ical, sensory, or other disabilities, including for 

11 those who rely on mobility devices. Such best 

12 practices shall address the physical accessibility 

13 of highly automated vehicles and human-ma14 chine interface accessibility through visual, au15 ditory, or haptic displays or other methods. The 

16 working group shall include representatives 

17 from national organizations representing indi18 viduals with disabilities. 

19 (d) RECOMMENDATIONS FOR HIGHLY AUTOMATED

20 VEHICLES.— 

21 (1) IN GENERAL.—On a periodic basis, the 

22 Committee shall release recommendations on vol23 untary standards regarding highly automated vehicle 

24 safety. 


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1 (2) WORK PLAN.—Not later than 180 days 

2 after the Committee is established under subsection 

3 (a), the Committee shall submit a work plan to the 

4 Secretary for carrying out this section. 

5 (3) REPORT.—Not later than 5 years after the 

6 date of the enactment of this Act, the Committee 

7 shall submit a report containing recommendations of 

8 consensus-based, feasible, and objective standards to 

9 the Secretary for potential rulemaking governing 

10 highly automated vehicles that meet the need for 

11 motor vehicle safety. 

12 (e) CONSULTATION AND PUBLICATION OF RE13 PORTS.— 

14 (1) IN GENERAL.—The Secretary shall consult 

15 with the Committee, as appropriate, on highly auto16 mated vehicle safety matters, including the develop17 ment and implementation of relevant policies, pro18 grams, and rulemaking. 

19 (2) RECOMMENDED AGENDA.—The Secretary 

20 shall regularly provide recommendations to the Com21 mittee regarding the agenda of the Committee and 

22 areas in which Committee activity would benefit and 

23 complement Department of Transportation efforts. 


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1 (3) REPORTS.—The Secretary shall make any 

2 report or recommendation developed under this sec3 tion publicly available. 

4 (f) FACA.—The Committee shall not be subject to 

5 the requirements under the Federal Advisory Committee 

6 Act (5 U.S.C. App.). 

7 (g) TERMINATION.—The Committee shall terminate 

8 upon the submission of the final report required under 

9 subsection (d)(3) unless the Secretary determines that the 

10 Committee should continue. 

11 SEC. 11. HIGHLY AUTOMATED VEHICLES RULEMAKING. 

12 (a) IN GENERAL.—The Secretary shall review and 

13 seek public comment on the recommendations for stand14 ards made by the Highly Automated Vehicles Technical 

15 Committee under section 10(d)(3). 

16 (b) DETERMINATION.—Not later than 1 year after 

17 the receipt of the recommendations referred to in sub18 section (a), the Secretary shall— 

19 (1) make a determination whether to approve 

20 one or more of the recommendations, based on an 

21 identified need for motor vehicle safety; and 

22 (2) begin a rulemaking proceeding on the rec23 ommendations approved pursuant to paragraph (1) 

24 on the safety of highly automated vehicles. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion may be construed to restrict the authority of the Sec3 retary under section 30111 of title 49, United States 

4 Code. Any Federal motor vehicle safety standard adopted 

5 pursuant to this section shall meet the requirements under 

6 such section 30111. 

7 SEC. 12. CONSUMER EDUCATION. 

8 (a) ESTABLISHMENT.—Not later than 180 days after 

9 the date of the enactment of this Act, the Secretary shall 

10 establish a working group on responsible education efforts 

11 for advanced driver assist systems and automated driving 

12 systems. 

13 (b) DUTIES.—The working group established under 

14 subsection (a) shall— 

15 (1) identify recommended education and re16 sponsible marketing strategies that may be volun17 tarily employed by industry to inform consumers, ve18 hicle owners and operators, and other stakeholders 

19 about advanced driver assistance systems and auto20 mated driving systems as they become available or 

21 are soon to be introduced into interstate commerce; 

22 and 

23 (2) submit a report containing the findings and 

24 recommendations of the working group to Congress 

25 and making such report available to the public. 


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1 (c) CONSIDERATIONS.—The working group shall con2 sider topics pertaining to— 

3 (1) intent, capabilities, and limitations of ad4 vanced driver assistance systems and automated 

5 driving systems; 

6 (2) engagement and disengagement methods, 

7 including methods to address driver engagement in 

8 lower levels of automation; 

9 (3) human-machine interfaces; 

10 (4) emergency fallback scenarios; 

11 (5) operational boundary responsibilities; 

12 (6) response in the event of a crash or system 

13 failure; 

14 (7) potential mechanisms that could change 

15 function behavior in service; and 

16 (8) consistent nomenclature and taxonomy for 

17 safety features and systems. 

18 (d) MEMBERSHIP.— 

19 (1) IN GENERAL.—The Secretary shall appoint, 

20 as members of the working group, individuals with 

21 expertise in automated driving systems and driver 

22 assistance systems, including— 

23 (A) representatives of— 

24 (i) motor vehicle manufacturers; 


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1 (ii) manufacturers of automated driv2 ing systems and driver assistance systems 

3 (including components); 

4 (iii) motor vehicle dealers; 

5 (iv) motor vehicle owners and opera6 tors, including fleet managers, vehicle rent7 al companies, and transportation network 

8 companies; 

9 (v) consumers or consumer advocacy 

10 groups; 

11 (vi) automated vehicle proving 

12 grounds designated by the Department of 

13 Transportation; 

14 (vii) public health organizations; 

15 (viii) marketing professionals; 

16 (ix) entities with national experience 

17 in consumer education; and 

18 (x) enabling technology companies; 

19 and 

20 (B) any other members the Secretary con21 siders appropriate. 

22 (2) COMPENSATION.—Members of the working 

23 group shall serve without compensation. 

24 (3) CONSULTATION.—The Secretary shall con25 sult with the Federal Trade Commission about the 


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1 recommendations of the working group, as appro2 priate. 

3 (e) TERMINATION.—The working group established 

4 under this section shall terminate on the date that is 2 

5 years after the date of the enactment of this Act. 

6 SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT. 

7 (a) RESEARCH.—The Secretary, in coordination with 

8 State and local transportation and highway safety entities, 

9 State and local law enforcement entities, and other rel10 evant parties, shall research the traffic safety implications 

11 of highly automated vehicles, including— 

12 (1) the intersection of conventional and highly 

13 automated vehicles; and 

14 (2) law enforcement impacts, including— 

15 (A) enforcing applicable laws; 

16 (B) identifying whether a vehicle was in 

17 automated mode at the time of a crash; 

18 (C) lawfully accessing event data informa19 tion; and 

20 (D) determining how a highly automated 

21 vehicle should respond to law enforcement. 

22 (b) COORDINATION OF SAFETY.—The Secretary, in 

23 coordination with State, local, and law enforcement agen24 cies, may develop a process for State and local entities 

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1 retary to assist the Department of Transportation in iden2 tifying defects related to motor vehicle safety of highly 

3 automated vehicles. 

4 (c) CRASH DATA.—Not later than 3 years after the 

5 date of the enactment of this Act, the Secretary shall re6 vise the crash investigation data collection system to in7 clude the collection of crash report data elements that dis8 tinguish whether the vehicle involved in a crash is a highly 

9 automated vehicle, including the level of automation and 

10 whether the vehicle was in automated mode at the time 

11 of a crash. 

12 SEC. 14. CYBERSECURITY. 

13 (a) IN GENERAL.—Subchapter I of chapter 301 of 

14 title 49, United States Code, as amended by section 9, 

15 is further amended by adding at the end the following: 

16 ‘‘§ 30108. Cybersecurity risks to the safety of highly 

17 automated vehicles 

18 ‘‘(a) DEFINITIONS.—In this section: 

19 ‘‘(1) CYBERSECURITY INCIDENT.—The term 

20 ‘cybersecurity incident’ has the meaning given the 

21 term ‘incident’ in section 227(a) of the Homeland 

22 Security Act of 2002 (6 U.S.C. 148(a)). 

23 ‘‘(2) CYBERSECURITY RISK.—The term ‘cyber24 security risk’ has the meaning given the term in secVerDate Sep 11 2014 23:38 Nov 28, 2017 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S1885.RS S1885

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1 tion 227(a) of the Homeland Security Act of 2002 

2 (6 U.S.C. 148(a)). 

3 ‘‘(3) CYBERSECURITY VULNERABILITY.—The 

4 term ‘cybersecurity vulnerability’ has the meaning 

5 given the term ‘security vulnerability’ in section 102 

6 of the Cybersecurity Information Sharing Act of 

7 2015 (6 U.S.C. 1501). 

8 ‘‘(b) CYBERSECURITY PLAN.— 

9 ‘‘(1) IN GENERAL.—Each manufacturer of a 

10 highly automated vehicle or automated driving sys11 tem shall develop, maintain, and execute a written 

12 plan for identifying and reducing cybersecurity risks 

13 to the motor vehicle safety of such vehicles and sys14 tems. 

15 ‘‘(2) REQUIREMENTS.—The plan required 

16 under paragraph (1) shall include a process for— 

17 ‘‘(A) the risk-based prioritized identifica18 tion and protection of safety-critical vehicle con19 trol systems and the broader transportation 

20 ecosystem, as applicable; 

21 ‘‘(B) the efficient detection and response 

22 to potential vehicle cybersecurity incidents in 

23 the field; 

24 ‘‘(C) facilitating expeditious recovery from 

25 incidents as they occur; 


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1 ‘‘(D) the institutionalization of methods 

2 for the accelerated adoption of lessons learned 

3 across industry through voluntary exchange of 

4 information pertaining to cybersecurity inci5 dents, threats, and vulnerabilities, including the 

6 consideration of a coordinated cybersecurity 

7 vulnerability disclosure policy or other related 

8 practices for collaboration with third-party cy9 bersecurity researchers; 

10 ‘‘(E) the identification of the point of con11 tact of the manufacturer with responsibility for 

12 the management of cybersecurity; 

13 ‘‘(F) the use of segmentation and isolation 

14 techniques in vehicle architecture design, as ap15 propriate; and 

16 ‘‘(G) supporting voluntary efforts by indus17 try and standards-setting organizations to de18 velop and identify consistent standards and 

19 guidelines relating to vehicle cybersecurity, con20 sistent, and to the extent appropriate, with the 

21 cybersecurity risk management activities de22 scribed in section 2(e) of the National Institute 

23 of Standards and Technology Act (15 U.S.C. 

24 272(e)). 


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1 ‘‘(3) INSPECTION.—The Secretary may inspect 

2 any cybersecurity plan developed by a manufacturer 

3 under this subsection to enable the Secretary to de4 cide whether the manufacturer has complied, or is 

5 complying, with this chapter or a regulation pre6 scribed or order issued pursuant to this chapter. 

7 ‘‘(4) PROTECTIONS FOR DISCLOSURE.—The 

8 Secretary may, by notice and comment rulemaking, 

9 establish a requirement that manufacturers subject 

10 to subsection (b) develop a summary of its plan that 

11 is suitable for public disclosure, as appropriate. 

12 ‘‘(c) COORDINATED CYBERSECURITY VULNER13 ABILITY DISCLOSURE.—The Secretary may work coopera14 tively with manufacturers of highly automated vehicles 

15 and automated driving systems to incentivize manufactur16 ers to voluntarily adopt a coordinated vulnerability disclo17 sure policy and practice in which a security researcher pri18 vately discloses information related to a discovered vulner19 ability to a manufacturer and allows the manufacturer 

20 time to confirm and remediate the vulnerability— 

21 ‘‘(1) so that manufacturers build relationships 

22 with security researchers to mitigate cybersecurity 

23 risks; and 

24 ‘‘(2) to discover and mitigate cybersecurity 

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1 mated driving systems that present a risk to motor 

2 vehicle safety (as defined in section 30102 of title 

3 49, United States Code). 

4 ‘‘(d) COORDINATION.—All Federal agencies under5 taking research on cybersecurity risks associated with 

6 highly automated vehicles shall coordinate with the Sec7 retary on their findings.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chap9 ter 301 of title 49, United States Code, is amended by 

10 inserting after the item relating to section 30107, as 

11 added by section 9, the following: 

‘‘30108. Cybersecurity risks to the safety of highly automated vehicles.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall take effect on the date that is 18 months 

14 after the date of the enactment of this Act. 

15 SEC. 15. SAVINGS PROVISION. 

16 Nothing in this Act may be construed to alter any 

17 existing authority under subtitle VI of title 49, United 

18 States Code, relating to motor vehicles with a gross vehicle 

19 weight of 10,001 pounds or more. 

20 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

21 (a) SHORT TITLE.—This Act may be cited as the 

22 ‘‘American Vision for Safer Transportation through Ad23 vancement of Revolutionary Technologies Act’’ or the ‘‘AV 

24 START Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of this 

2 Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Relationship to other laws. 

Sec. 4. Expedited resolution of highly automated vehicles conflicts with standards. 

Sec. 5. Highly automated vehicles testing. 

Sec. 6. Highly automated vehicles exemptions. 

Sec. 7. Inoperative controls. 

Sec. 8. Levels of driving automation. 

Sec. 9. Safety evaluation report. 

Sec. 10. Highly Automated Vehicles Technical Committee. 

Sec. 11. Highly automated vehicles rulemaking. 

Sec. 12. Consumer education. 

Sec. 13. Traffic safety and law enforcement. 

Sec. 14. Cybersecurity. 

Sec. 15. HAV Data Access Advisory Committee. 

Sec. 16. Cybersecurity consumer education information. 

Sec. 17. Provision of cybersecurity resource information. 

Sec. 18. Highly automated vehicle study. 

Sec. 19. Study on encouraging manufacturing in the United States of automated 

driving equipment and intelligent transportation solutions. 

Sec. 20. Privacy protections for users of motor vehicles. 

Sec. 21. Child safety. 

Sec. 22. Savings provision. 

3 SEC. 2. DEFINITIONS. 

4 (a) IN GENERAL.—In this Act: 

5 (1) AUTOMATED DRIVING SYSTEM; DEDICATED

6 HIGHLY AUTOMATED VEHICLE; HIGHLY AUTOMATED

7 VEHICLE; MANUFACTURER; MOTOR VEHICLE; MOTOR

8 VEHICLE EQUIPMENT.—The terms ‘‘automated driv9 ing system’’, ‘‘dedicated highly automated vehicle’’, 

10 ‘‘highly automated vehicle’’, ‘‘manufacturer’’, ‘‘motor 

11 vehicle’’, and ‘‘motor vehicle equipment’’ have the 

12 meanings given such terms in section 30102 of title 

13 49, United States Code, as amended by subsection (b). 


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1 (2) NHTSA.—The term ‘‘NHTSA’’ means the 

2 National Highway Traffic Safety Administration. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of Transportation. 

5 (b) MOTOR VEHICLE SAFETY CHAPTER.—Section 

6 30102(a) of title 49, United States Code, is amended— 

7 (1) by redesignating paragraphs (5) through (13) 

8 as paragraphs (8) through (16) respectively; 

9 (2) by redesignating paragraphs (3) and (4) as 

10 paragraphs (5) and (6), respectively; 

11 (3) by redesignating paragraphs (1) and (2) as 

12 paragraphs (2) and (3), respectively; 

13 (4) by inserting before paragraph (2), as redesig14 nated, the following: 

15 ‘‘(1) AUTOMATED DRIVING SYSTEM.—In describ16 ing a Level 3, 4, or 5 automated driving system (as 

17 defined by SAE International standard J3016, pub18 lished on September 30, 2016, or subsequently adopt19 ed by the Secretary), the term ‘automated driving sys20 tem’ means the hardware and software that is collec21 tively capable of performing the entire dynamic driv22 ing task on a sustained basis, regardless of whether 

23 the system is limited to a specific operational design 

24 domain.’’; 


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1 (5) by inserting after paragraph (3), as redesig2 nated, the following: 

3 ‘‘(4) DEDICATED HIGHLY AUTOMATED VEHI4 CLE.—The term ‘dedicated highly automated vehicle’ 

5 means a highly automated vehicle designed to be oper6 ated exclusively (as defined by the SAE International 

7 standard J3016, published on September 30, 2016) by 

8 a Level 4 or 5 automated driving system (as defined 

9 by the SAE International standard J3016, published 

10 on September 30, 2016, or subsequently adopted by 

11 the Secretary) for all trips.’’; and 

12 (6) by inserting after paragraph (6), as redesig13 nated, the following: 

14 ‘‘(7) HIGHLY AUTOMATED VEHICLE.—The term 

15 ‘highly automated vehicle’ means a motor vehicle with 

16 a gross vehicle weight of 10,000 pounds or less that 

17 is equipped with a Level 3, 4, or 5 automated driving 

18 system (as defined by SAE International standard 

19 J3016, published on September 30, 2016, or subse20 quently adopted by the Secretary).’’. 

21 SEC. 3. RELATIONSHIP TO OTHER LAWS. 

22 (a) VEHICLE PREEMPTION.—Section 30103(b) of title 

23 49, United States Code, is amended by adding at the end 

24 the following: 

25 ‘‘(3) HIGHLY AUTOMATED VEHICLES.— 


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1 ‘‘(A) No State or political subdivision of a 

2 State may adopt, maintain, or enforce any law, 

3 rule, or standard regulating the design, construc4 tion, or performance of a highly automated vehi5 cle or automated driving system with respect to 

6 any of the safety evaluation report subject areas 

7 described in section 30107(b). 

8 ‘‘(B) This paragraph shall cease to have ef9 fect with respect to any particular subject matter 

10 area on the effective date of a standard applica11 ble to the same aspect of vehicle performance as 

12 identified in section 30107(f). 

13 ‘‘(C) Nothing in this paragraph may be 

14 construed to prohibit a State or political sub15 division of a State from maintaining, enforcing, 

16 prescribing, or continuing in effect any law or 

17 regulation regarding the sale, distribution, re18 pair, or service of highly automated vehicles, 

19 automated driving systems, or components of 

20 automated driving systems by a dealer, manu21 facturer, or distributor.’’. 

22 (b) LIABILITY.—Section 30103(e) of title 49, United 

23 States Code, is amended to read as follows: 

24 ‘‘(e) STATE LAW LIABILITY.— 


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1 ‘‘(1) Compliance with a motor vehicle safety 

2 standard prescribed under this chapter does not ex3 empt a person from liability at common law. 

4 ‘‘(2) Subject to subsection (b)(3)(A), nothing in 

5 subsection (b)(3) shall exempt a person from liability 

6 at common law or under a State statute authorizing 

7 a civil remedy for damages or other monetary relief.’’. 

8 (c) LICENSING.—A State may not issue a motor vehi9 cle operator’s license for the operation or use of a dedicated 

10 highly automated vehicle in a manner that discriminates 

11 on the basis of disability (as defined in section 3 of the 

12 Americans with Disabilities Act of 1990 (42 U.S.C. 

13 12102)). 

14 SEC. 4. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED 

15 VEHICLES CONFLICTS WITH STANDARDS. 

16 (a) DEFINITIONS.—In this section: 

17 (1) DIRECTOR.—The term ‘‘Director’’ means the 

18 Director of the John A. Volpe National Transpor19 tation Systems Center of the Department of Transpor20 tation. 

21 (2) DYNAMIC DRIVING TASK.—The term ‘‘dy22 namic driving task’’ has the meaning given the term 

23 by SAE International standard J3016, published on 

24 September 30, 2016. 


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1 (3) SAFETY STANDARD.—The term ‘‘safety stand2 ard’’ means a Federal motor vehicle safety standard 

3 prescribed under chapter 301 of title 49, United 

4 States Code. 

5 (b) REFERENCES TO HUMAN DRIVERS.—Not later 

6 than 180 days after the date of the enactment of this Act, 

7 the Director or other designated entity, after consultation 

8 with stakeholders, shall prepare and submit to the Secretary 

9 a report that identifies each provision, requirement, speci10 fication, or procedure in a safety standard with a reference 

11 to features of the equipment that— 

12 (1) are necessary only for the performance of the 

13 dynamic driving task by a human driver; 

14 (2) specify a location or reference point within 

15 a vehicle by reference to the position of a human driv16 er; or 

17 (3) serve a purpose of providing information to, 

18 or receiving input from, a human driver engaged in 

19 performing the dynamic driving task. 

20 (c) SUBSTITUTION OF CONFORMING REFERENCES TO

21 AUTOMATED SYSTEMS.— 

22 (1) IN GENERAL.—In each provision of the re23 port prepared under subsection (b) identifying the 

24 text of a regulation from a safety standard, a test 

25 procedure, or a method for determining compliance 


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1 with a safety standard, the Director or designated en2 tity shall include— 

3 (A) an alternative reference to an auto4 mated system that is suitable for assessing, 

5 through an objective test procedure, the compli6 ance of a dedicated highly automated vehicle, or 

7 of a highly automated vehicle operating in auto8 mated mode, with the safety standard; or 

9 (B) a determination that— 

10 (i) the relevant regulatory text applies 

11 to features of the motor vehicle equipment 

12 that are only necessary for the performance 

13 of a dynamic driving task by a human 

14 driver; and 

15 (ii) no alternative reference to an auto16 mated system is practicable. 

17 (2) CONDITIONS.—In carrying out paragraph 

18 (1), the Director or designated entity— 

19 (A) shall ensure that all requirements re20 main objective and practicable; 

21 (B) may not modify the purpose of any 

22 safety standard; and 

23 (C) may specify different references for— 


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1 (i) dedicated highly automated vehicles 

2 that are intended for human occupancy; 

3 and 

4 (ii) dedicated highly automated vehi5 cles that are not designed, intended, or mar6 keted for human occupancy. 

7 (d) RULEMAKING.— 

8 (1) COMMENCEMENT.—Not later than 90 days 

9 after the date on which the Director or designated en10 tity submits the report under subsection (b), the Sec11 retary shall commence a rulemaking proceeding to in12 corporate the report by reference into the relevant 

13 safety standards, except as provided in paragraph 

14 (3). 

15 (2) FINAL RULE.—Not later than 1 year after 

16 the Director or other entity submits the report under 

17 subsection (b), the Secretary shall issue a final rule 

18 to incorporate the report by reference into the relevant 

19 safety standards, except as provided in paragraph 

20 (3). 

21 (3) ALTERNATIVE TEXT.—If the Secretary deter22 mines that one or more of the revisions to a regula23 tion contained in the report submitted under sub24 section (b) is not objective, is not practicable, or does 


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1 not meet the need for motor vehicle safety, the Sec2 retary shall incorporate alternative regulatory text. 

3 (4) INCORPORATION BY REFERENCE.—If the Sec4 retary does not complete the rulemaking proceeding 

5 under this subsection within 1 year after the submis6 sion of the report under subsection (b), the revisions 

7 to regulations contained in such report shall be incor8 porated by reference into the relevant safety stand9 ards. 

10 (e) SAVINGS PROVISION.—Nothing in this section may 

11 be construed to prohibit the Secretary from maintaining 

12 different test procedures for highly automated vehicles that 

13 retain the capability to be operated by a human driver 

14 when such vehicles are not operating in an automated 

15 mode. 

16 SEC. 5. HIGHLY AUTOMATED VEHICLES TESTING. 

17 Section 30112(b) of title 49, United States Code, is 

18 amended— 

19 (1) in paragraph (9), by striking ‘‘or’’ at the 

20 end; 

21 (2) in paragraph (10)— 

22 (A) in the matter preceding subparagraph 

23 (A), by inserting ‘‘(except for a highly automated 

24 vehicle)’’ after ‘‘the introduction of a motor vehi25 cle’’; and 


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1 (B) in subparagraph (C), by striking the 

2 period at the end and inserting ‘‘; or’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(11) the introduction of a motor vehicle into 

5 interstate commerce solely for the purposes of testing, 

6 evaluation, or demonstration of a highly automated 

7 vehicle or automated driving system if— 

8 ‘‘(A) the testing, evaluation, or demonstra9 tion of the vehicle is only conducted by employ10 ees, agents, or fleet management contractors of 

11 the manufacturer of the highly automated vehi12 cle, the automated driving system, or any compo13 nent thereof; 

14 ‘‘(B) such manufacturer agrees not to sell, 

15 lease, or offer for sale or lease, the vehicle or sys16 tem at the conclusion of the testing, evaluation, 

17 or demonstration; and 

18 ‘‘(C) such manufacturer has submitted ap19 propriate manufacturer identification informa20 tion that is similar to information submitted by 

21 manufacturers subject to a Federal motor vehicle 

22 safety standard under part 566 of title 49, Code 

23 of Federal Regulations, before the commencement 

24 of such testing or evaluation.’’. 


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1 SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS. 

2 (a) IN GENERAL.—Section 30113 of title 49, United 

3 States Code, is amended— 

4 (1) in subsection (a)— 

5 (A) by striking ‘‘this section,’’ and inserting 

6 the following: ‘‘this section— 

7 ‘‘(1) the term’’; 

8 (B) by striking the period at the end and 

9 inserting ‘‘; and’’; and 

10 (C) by adding at the end the following: 

11 ‘‘(2) the term ‘new motor vehicle safety feature’ 

12 includes any feature that enables a highly automated 

13 vehicle or an automated driving system, regardless of 

14 whether an exemption has already been granted for a 

15 similar feature on another model or models.’’; 

16 (2) in subsection (b)— 

17 (A) by amending paragraph (2) to read as 

18 follows: 

19 ‘‘(2) The Secretary may begin a proceeding under this 

20 subsection when a manufacturer applies for an exemption 

21 or a renewal of an exemption. The Secretary shall publish 

22 notice of the application and provide an opportunity to 

23 comment. An application for an exemption or for a renewal 

24 of an exemption shall be filed at a time and in the way, 

25 and contain such information, this section and the Sec26 retary require. The Secretary shall grant or deny an exempVerDate Sep 11 2014 23:38 Nov 28, 2017 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6203 E:\BILLS\S1885.RS S1885

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1 tion for a highly automated vehicle not later than 180 days 

2 after receiving an application for such exemption from a 

3 manufacturer. Before granting a renewal of an exemption 

4 or otherwise increasing the number of highly automated ve5 hicles of a manufacturer that may be sold or introduced 

6 under a previously granted exemption, the Secretary shall 

7 evaluate the previous exemption and make a safety equiva8 lence finding consistent with paragraph (3).’’; and 

9 (B) in paragraph (3)(B)(iv), by inserting 

10 ‘‘or introducing or delivering into interstate 

11 commerce’’ after ‘‘selling’’; 

12 (3) in subsection (d)— 

13 (A) by inserting ‘‘(1)’’ after ‘‘ELIGI14 BILITY.—’’; and 

15 (B) by striking the second sentence and in16 serting the following: 

17 ‘‘(2) A manufacturer is eligible for an exemption 

18 under clause (ii), (iii), or (iv) of subsection (b)(3)(B) 

19 only if the Secretary determines that— 

20 ‘‘(A) the exemption is for not more than 

21 2,500 vehicles to be sold in the United States in 

22 any 12-month period; or 

23 ‘‘(B) the vehicle is a highly automated vehi24 cle; and 


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1 ‘‘(i) during the 12-month period begin2 ning on the date of the enactment of the AV 

3 START Act, the exemption is for not more 

4 than 15,000 vehicles to be sold or introduced 

5 into interstate commerce in the United 

6 States; 

7 ‘‘(ii) during the 12-month period im8 mediately following the period described in 

9 clause (i), the exemption is for not more 

10 than 40,000 vehicles to be sold or introduced 

11 into interstate commerce in the United 

12 States; and 

13 ‘‘(iii) during any 12-month period fol14 lowing the period described in clause (ii), 

15 the exemption is for not more than 80,000 

16 vehicles to be sold or introduced into inter17 state commerce in the United States. 

18 ‘‘(C) A manufacturer of a highly automated 

19 vehicle may petition the Secretary to expand the 

20 exemption under paragraph (2)(B) to more than 

21 80,000 vehicles in any-12 month period after the 

22 exemption has been in place for 4 years.’’; and 

23 (4) in subsection (e), by inserting ‘‘, unless the 

24 vehicle is a highly automated vehicle’’ before the pe25 riod at the end. 


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1 (b) SUNSET.—A manufacturer’s eligibility for an ex2 emption from a provision, clause, sentence, or paragraph 

3 in a motor vehicle safety standard under section 

4 30113(d)(2)(B) of title 49, United States Code, as amended 

5 by subsection (a), shall end on the earlier of the date that 

6 is 10 years after the date of the enactment of this Act or 

7 the date on which a standard (except for a standard pro8 mulgated under section 4 of this Act) that amends the provi9 sion, clause, sentence, or paragraph from which an exemp10 tion is sought takes effect, with due consideration for any 

11 lead time specified for compliance. 

12 SEC. 7. INOPERATIVE CONTROLS. 

13 Section 30122(b) of title 49, United States Code, is 

14 amended— 

15 (1) by inserting ‘‘(1)’’ before ‘‘A manufacturer’’; 

16 and 

17 (2) by adding at the end the following: 

18 ‘‘(2) The prohibition under paragraph (1) shall not 

19 apply to a manufacturer that intentionally causes a steer20 ing wheel, brake or accelerator pedals, a gear shift, or other 

21 feature or element of design related to the performance of 

22 the dynamic driving task by a human operator in compli23 ance with an applicable motor vehicle safety standard to 

24 be temporarily disabled during the time that an automated 


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1 driving system is performing the entire dynamic driving 

2 task.’’. 

3 SEC. 8. LEVELS OF DRIVING AUTOMATION. 

4 (a) USE OF SAE INTERNATIONAL’S TAXONOMY AND

5 DEFINITIONS.—The Secretary shall use the taxonomy and 

6 definitions for automated driving systems set forth in SAE 

7 International standard J3016, published on September 30, 

8 2016, for the various levels of automation for motor vehicles. 

9 (b) REVIEW.— 

10 (1) IN GENERAL.—The Secretary— 

11 (A) shall review the taxonomy and defini12 tions for automated driving systems set forth by 

13 SAE International to ensure that such taxonomy 

14 and definitions are clear and objective; and 

15 (B) may provide feedback to SAE Inter16 national for potential updates. 

17 (2) USE OF REVISED STANDARD.— 

18 (A) DETERMINATION.—Not later than 120 

19 days after SAE International revises the stand20 ard referred to in subsection (a), the Secretary, 

21 after publishing notice of the revision in the Fed22 eral Register, shall determine whether to adopt 

23 the revised standard to identify the various levels 

24 of automation for motor vehicles. 


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1 (B) EFFECT OF DECISION NOT TO ADOPT

2 THE REVISED STANDARD.—If the Secretary de3 cides not to adopt the revised standard— 

4 (i) the Secretary shall notify SAE 

5 International of the Secretary’s decision; 

6 and 

7 (ii) the definitions referred to in sub8 section (a) shall remain in effect. 

9 SEC. 9. SAFETY EVALUATION REPORT. 

10 (a) IN GENERAL.—Subchapter I of chapter 301 of title 

11 49, United States Code, is amended by adding at the end 

12 the following: 

13 ‘‘§ 30107. Highly automated vehicles safety evaluation 

14 report 

15 ‘‘(a) IN GENERAL.— 

16 ‘‘(1) REQUIREMENT.—Each manufacturer intro17 ducing a new highly automated vehicle or automated 

18 driving system into interstate commerce shall provide 

19 a safety evaluation report, in accordance with this 

20 section, that describes how the manufacturer is ad21 dressing the safety of such vehicle or system. 

22 ‘‘(2) SUBMISSION.—Each manufacturer described 

23 in paragraph (1) shall— 

24 ‘‘(A) submit a report to the Secretary— 


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1 ‘‘(i) upon testing a highly automated 

2 vehicle or automated driving system; and 

3 ‘‘(ii) not later than 90 days before sell4 ing, offering for sale, or otherwise commer5 cializing a highly automated vehicle or 

6 automated driving system; and 

7 ‘‘(B) annually submit, until the vehicle or 

8 system is no longer being sold, offered for sale, or 

9 otherwise introduced into interstate commerce by 

10 the manufacturer or until the system is no longer 

11 being incorporated into new motor vehicles by 

12 the manufacturer, an updated report to the Sec13 retary that— 

14 ‘‘(i) may disclose that no significant 

15 changes were made to the vehicle or system; 

16 and 

17 ‘‘(ii) shall provide aggregate results of 

18 any significant safety deviation from ex19 pected performance disclosed in the previous 

20 report and aggregate results comparing the 

21 safety level of the vehicle or system with a 

22 vehicle that is not highly automated and is 

23 driven by a human driver. 

24 ‘‘(3) REVIEW.—The Secretary— 


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1 ‘‘(A) shall review each report submitted 

2 under paragraph (2); and 

3 ‘‘(B) may require that the manufacturer 

4 submit additional or clarifying information. 

5 ‘‘(4) LIMITATION.—The Secretary may not con6 dition the manufacture, testing, sale, offer for sale, or 

7 introduction into interstate commerce of a highly 

8 automated vehicle or automated driving system based 

9 on a review of a safety evaluation report or addi10 tional information submitted under this section. 

11 ‘‘(b) SAFETY EVALUATION REPORT SUBJECT

12 AREAS.—Each report submitted by a manufacturer under 

13 subsection (a) shall describe how the manufacturer is ad14 dressing, through a documented assessment, testing, and 

15 validation process, each of the subject areas described in 

16 paragraphs (1) through (9). 

17 ‘‘(1) SYSTEM SAFETY.—The avoidance of unrea18 sonable risks to safety, including— 

19 ‘‘(A) assurance that systems, including 

20 hardware and software, perform intended func21 tions; 

22 ‘‘(B) the mitigation of unreasonable risks to 

23 safety caused by a malfunction of the automated 

24 driving system, including any component there25 in; and 


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1 ‘‘(C) sense of objects, motorcyclists, 

2 bicyclists, pedestrians, and animals in or cross3 ing the path of travel through the automated 

4 driving system. 

5 ‘‘(2) DATA RECORDING.—The collection by the 

6 vehicle of automated driving system performance in7 formation and incident and crash data— 

8 ‘‘(A) to record the occurrence of malfunc9 tions, disengagements, degradations, or failures; 

10 ‘‘(B) to aid in the analysis of the cause of 

11 any issues described in subparagraph (A); 

12 ‘‘(C) to enable efforts to work with other en13 tities to address data recording and sharing; and 

14 ‘‘(D) with respect to event data recorder in15 formation, that complies with the collection and 

16 sharing requirements under the FAST Act (Pub17 lic Law 114–94). 

18 ‘‘(3) CYBERSECURITY.—The minimization of cy19 bersecurity risks to safety, including evaluation of ele20 ments of the supply chain to identify and address cy21 bersecurity vulnerabilities, and the exchange of infor22 mation about any vulnerabilities discovered from field 

23 incidents, internal testing, or external security re24 search, and mechanisms for alerting the human driv25 er or operator about cyber vulnerabilities. 


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1 ‘‘(4) HUMAN-MACHINE INTERFACE.— 

2 ‘‘(A) The methods of informing the human 

3 driver or operator about whether the automated 

4 driving system is functioning properly. 

5 ‘‘(B) For a Level 3 vehicle, the methods to 

6 address driver reengagement. 

7 ‘‘(C) The use of a human-machine interface 

8 by people with disabilities through visual, audi9 tory, or haptic displays, or other methods. 

10 ‘‘(5) CRASHWORTHINESS.—Practicable protec11 tion for all occupants given any planned seating posi12 tions or interior configurations. 

13 ‘‘(6) CAPABILITIES.—The capabilities and limi14 tations of the highly automated vehicle or automated 

15 driving system, including its expected SAE level. 

16 ‘‘(7) POST-CRASH BEHAVIOR.—The post-crash be17 havior of the highly automated vehicle or automated 

18 driving system if sensors or critical systems are dam19 aged in a crash. 

20 ‘‘(8) ACCOUNT FOR APPLICABLE LAWS.—The ac21 count of applicable traffic laws and rules of the road, 

22 based on operational design domain, in the develop23 ment of a highly automated vehicle or automated 

24 driving system. 

25 ‘‘(9) AUTOMATION FUNCTION.— 


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1 ‘‘(A) The expected operational design do2 main in which the highly automated vehicle or 

3 automated driving system is designed to operate, 

4 including any roadway and infrastructure assets 

5 required for the operation of the highly auto6 mated vehicle or automated driving system, such 

7 as roadside equipment, pavement markings, 

8 signage, and traffic signals, and how it will re9 spond if that operational design domain unex10 pectedly changes. 

11 ‘‘(B) The automated driving system’s ex12 pected object and event detection and response 

13 capabilities, including behavioral competencies 

14 and crash avoidance capability. 

15 ‘‘(C) The ability of the highly automated ve16 hicle or automated driving system to transition 

17 to a minimal risk condition when a malfunction 

18 is encountered. 

19 ‘‘(D) The performance of the vehicle through 

20 the manufacturer’s development and implemen21 tation of tests, including simulation, test track, 

22 and on-road testing. 

23 ‘‘(c) CERTIFICATION OF INAPPLICABLE CAT24 EGORIES.—A manufacturer that is solely testing a vehicle 


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1 or system may certify that one or more of the categories 

2 set forth in subsection (b) do not apply. 

3 ‘‘(d) PUBLICLY AVAILABLE.—The Secretary shall make 

4 any report submitted by a manufacturer under this section 

5 publicly available not later than 60 days after receipt, ex6 cept the Secretary may not make publicly available any 

7 information relating to a trade secret or confidential busi8 ness information, or which is privileged. The manufacturer 

9 may submit information related to a trade secret or con10 fidential business information separately from the report. 

11 ‘‘(e) OFFICIAL SIGNATURE.—Each report submitted by 

12 an entity under this section shall be reviewed by a senior 

13 official of the entity who— 

14 ‘‘(1) is knowledgeable about the information con15 tained in the report; and 

16 ‘‘(2) shall certify that, based on the official’s 

17 knowledge, the report does not contain any untrue 

18 statement of a material fact. 

19 ‘‘(f) TERMINATION OF OBLIGATION TO DISCLOSE IN20 FORMATION.— 

21 ‘‘(1) IN GENERAL.—A manufacturer’s obligation 

22 to provide information on a specific category under 

23 subsection (b) shall end on the effective date of a 

24 motor vehicle safety standard applicable to the same 

25 aspect of vehicle or system performance as is covered 


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1 by the category, with due consideration for any lead 

2 time specified for compliance. 

3 ‘‘(2) EFFECT OF NEW STANDARD.—In adopting 

4 any standard applicable to highly automated vehicle 

5 performance, the Secretary shall— 

6 ‘‘(A) identify the category under subsection 

7 (b) to which the standard relates, if any; and 

8 ‘‘(B) specify what information is no longer 

9 required to be included in the report as a result 

10 of the new standard. 

11 ‘‘(g) RULE OF CONSTRUCTION.— 

12 ‘‘(1) SUBMISSIONS.—A manufacturer may sub13 mit a safety evaluation report for vehicles introduced 

14 into interstate commerce before the date of the enact15 ment of the AV START Act. 

16 ‘‘(2) SAVINGS PROVISIONS.—Nothing in this sec17 tion may be construed to amend, limit the authority, 

18 or prohibit the use of the information included in the 

19 report under this chapter. 

20 ‘‘(3) Nothing in this section may be construed to 

21 affect discovery, subpoena, other court order, or any 

22 other judicial process otherwise allowed under appli23 cable Federal or State law.’’. 


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1 (b) CLERICAL AMENDMENT.—The analysis for chapter 

2 301 of title 49, United States Code, is amended by inserting 

3 after the item relating to section 30106 the following: 

‘‘30107. Highly automated vehicles safety evaluation report.’’. 

4 (c) EFFECTIVE DATE.—The amendments made by this 

5 section shall take effect on the date that is 90 days after 

6 the date of the enactment of this Act. 

7 (d) FALSE OR MISLEADING REPORTS.—Section 

8 30165(a)(4) of title 49, United States Code, is amended by 

9 inserting ‘‘or under the certification process established pur10 suant to section 30107(e)’’ after ‘‘30166(o)’’. 

11 SEC. 10. HIGHLY AUTOMATED VEHICLES TECHNICAL COM12 MITTEE. 

13 (a) ESTABLISHMENT.—Not later than 180 days after 

14 the date of the enactment of this Act, the Secretary shall 

15 establish a Highly Automated Vehicles Technical Committee 

16 (referred to in this section as the ‘‘Committee’’) to provide 

17 a forum for stakeholders to discuss, prioritize, and make 

18 technical recommendations for highly automated vehicle 

19 and automated driving system safety. 

20 (b) MEMBERSHIP.— 

21 (1) VOTING MEMBERS.—The Secretary— 

22 (A) shall appoint 15 voting members to the 

23 Committee who— 

24 (i) are specially qualified to serve on 

25 the Committee because of their technical 


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1 knowledge of automated driving systems, ve2 hicle-to-vehicle infrastructure systems, or the 

3 impact of such systems on Federal motor ve4 hicle safety standards; and 

5 (ii) shall include at least 1 representa6 tive of SAE International, automated vehi7 cle proving grounds designated by the De8 partment of Transportation, highly auto9 mated vehicle and automated driving sys10 tem manufacturers, safety organizations, 

11 State and local government agencies, and 

12 other organizations directly or indirectly 

13 impacted by NHTSA regulations; and 

14 (B) may appoint new members to the Com15 mittee at any time. 

16 (2) COMPENSATION.—Members of the Committee 

17 shall serve without compensation. 

18 (3) CHAIRPERSON.—The Secretary, or the Sec19 retary’s designee, shall act as Chairperson of the Com20 mittee, but will not have voting rights, except to break 

21 a tie. 

22 (c) DUTIES.— 

23 (1) RECOMMENDATIONS.—The Committee shall 

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1 retary on rulemaking, policy, and guidance regarding 

2 highly automated vehicle safety, including— 

3 (A) the identification and creation of per4 formance standards; and 

5 (B) the harmonization of national highly 

6 automated vehicle safety standards with inter7 national standards. 

8 (2) SCOPE.—The Committee shall study issues 

9 relating to highly automated vehicles, including— 

10 (A) system safety; 

11 (B) automated steering and braking; 

12 (C) crashworthiness for vehicles with uncon13 ventional seating positions or vehicles not in14 tended for human occupancy; 

15 (D) event data recording; 

16 (E) vehicle communication with roadway 

17 and infrastructure assets, including pavement 

18 markings, signage, and traffic signals; 

19 (F) accessibility for people with physical, 

20 sensory, or other disabilities, including for those 

21 who rely on mobility devices; 

22 (G) potential conflicts with existing Federal 

23 motor vehicle safety standards; and 


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1 (H) any other issue the Secretary considers 

2 appropriate, including safeguards against mis3 use. 

4 (3) SUPPORT.—The NHTSA Office of Rule5 making and the NHTSA Office of Vehicle Safety Re6 search shall provide support services to the Com7 mittee. 

8 (4) MEETINGS.—The Committee shall meet not 

9 less frequently than 4 times per year. Committee 

10 meetings shall be open to the public, except in cir11 cumstances in which a meeting is likely to discuss— 

12 (A) internal personnel rules and practices 

13 of the NHTSA; 

14 (B) matters specifically exempted from dis15 closure by statute; 

16 (C) trade secrets or confidential or privi17 leged business information; 

18 (D) matters involving criminal accusation 

19 or official censure; 

20 (E) information of a personal nature that, 

21 if disclosed, would constitute an unwarranted in22 vasion of personal privacy; or 

23 (F) investigatory records that might inter24 fere with enforcement proceedings. 

25 (5) WORKING GROUPS.— 


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1 (A) IN GENERAL.—The Committee may es2 tablish temporary working groups, as necessary, 

3 to address specific issues. Each working group 

4 shall include at least 1 member who represents a 

5 manufacturer of highly automated vehicles or 

6 automated driving systems and other individuals 

7 who are subject matter experts on the issue before 

8 the working group. 

9 (B) DISABILITY AND LIMITED MOBILITY AC10 CESS.—The Committee shall establish a working 

11 group to develop voluntary best practices regard12 ing highly automated vehicle accessibility for 

13 people with physical, sensory, or other disabil14 ities, including for those who rely on mobility 

15 devices. Such best practices shall address the 

16 physical accessibility of highly automated vehi17 cles and human-machine interface accessibility 

18 through visual, auditory, or haptic displays or 

19 other methods. The working group shall include 

20 representatives from national organizations rep21 resenting individuals with disabilities and older 

22 adults. 

23 (d) RECOMMENDATIONS FOR HIGHLY AUTOMATED VE24 HICLES.— 


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1 (1) IN GENERAL.—On a periodic basis, the Com2 mittee shall release recommendations on voluntary 

3 standards regarding highly automated vehicle safety. 

4 (2) WORK PLAN.—Not later than 180 days after 

5 the Committee is established under subsection (a), the 

6 Committee shall submit a work plan to the Secretary 

7 for carrying out this section. 

8 (3) REPORT.—Not later than 5 years after the 

9 date of the enactment of this Act, the Committee shall 

10 submit a report containing recommendations of con11 sensus-based, feasible, and objective standards to the 

12 Secretary for potential rulemaking governing highly 

13 automated vehicles that meet the need for motor vehi14 cle safety. 

15 (e) CONSULTATION AND PUBLICATION OF REPORTS.— 

16 (1) IN GENERAL.—The Secretary shall consult 

17 with the Committee, as appropriate, on highly auto18 mated vehicle safety matters, including the develop19 ment and implementation of relevant policies, pro20 grams, and rulemaking. 

21 (2) RECOMMENDED AGENDA.—The Secretary 

22 shall regularly provide recommendations to the Com23 mittee regarding the agenda of the Committee and 

24 areas in which Committee activity would benefit and 

25 complement Department of Transportation efforts. 


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1 (3) REPORTS.—The Secretary shall make any re2 port or recommendation developed under this section 

3 publicly available. 

4 (f) FACA.—The Committee shall not be subject to the 

5 requirements under the Federal Advisory Committee Act (5 

6 U.S.C. App.). 

7 (g) TERMINATION.—The Committee shall terminate 

8 upon the submission of the final report required under sub9 section (d)(3) unless the Secretary determines that the Com10 mittee should continue. 

11 SEC. 11. HIGHLY AUTOMATED VEHICLES RULEMAKING. 

12 (a) IN GENERAL.—The Secretary shall review and seek 

13 public comment on the recommendations for standards 

14 made by the Highly Automated Vehicles Technical Com15 mittee under section 10(d)(3). 

16 (b) DETERMINATION.—Not later than 1 year after the 

17 receipt of the recommendations referred to in subsection (a), 

18 the Secretary shall— 

19 (1) make a determination whether to approve 

20 one or more of the recommendations, based on an 

21 identified need for motor vehicle safety; and 

22 (2) begin a rulemaking proceeding on the rec23 ommendations approved pursuant to paragraph (1) 

24 on the safety of highly automated vehicles. 


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1 (c) RULE OF CONSTRUCTION.—Nothing in this section 

2 may be construed to restrict the authority of the Secretary 

3 under section 30111 of title 49, United States Code. Any 

4 Federal motor vehicle safety standard adopted pursuant to 

5 this section shall meet the requirements under such section 

6 30111. 

7 SEC. 12. CONSUMER EDUCATION. 

8 (a) ESTABLISHMENT.—Not later than 180 days after 

9 the date of the enactment of this Act, the Secretary shall 

10 establish a working group on responsible education efforts 

11 for advanced driver assist systems and automated driving 

12 systems. 

13 (b) DUTIES.—The working group established under 

14 subsection (a) shall— 

15 (1) identify recommended education and respon16 sible marketing strategies and programs that may be 

17 voluntarily employed by industry to inform con18 sumers, vehicle owners and operators, and other stake19 holders about advanced driver assistance systems and 

20 automated driving systems as they become available 

21 or are soon to be introduced into interstate commerce; 

22 (2) identify recommended education and respon23 sible marketing strategies that may be voluntarily 

24 employed by industry to inform consumers on the 

25 comparative safety of highly automated vehicle and 


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1 non-highly automated vehicles driven by human with 

2 respect to crashes, fatalities, and other injuries (if 

3 known); and 

4 (3) submit a report containing the findings and 

5 recommendations of the working group to Congress 

6 and making such report available to the public. 

7 (c) CONSIDERATIONS.—The working group shall con8 sider topics pertaining to— 

9 (1) intent, capabilities, and limitations of ad10 vanced driver assistance systems and automated driv11 ing systems; 

12 (2) engagement and disengagement methods, in13 cluding methods to address driver engagement in 

14 lower levels of automation; 

15 (3) human-machine interfaces; 

16 (4) emergency fallback scenarios; 

17 (5) operational boundary responsibilities; 

18 (6) response in the event of a crash or system 

19 failure; 

20 (7) potential mechanisms that could change 

21 function behavior in service; 

22 (8) consistent nomenclature and taxonomy for 

23 safety features and systems; and 


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1 (9) disclosure of automated driving system prac2 tices pertaining to consumer data collection, privacy, 

3 and data ownership. 

4 (d) MEMBERSHIP.— 

5 (1) IN GENERAL.—The Secretary shall appoint, 

6 as members of the working group, individuals with 

7 expertise in automated driving systems and driver as8 sistance systems, including— 

9 (A) representatives of— 

10 (i) motor vehicle manufacturers; 

11 (ii) manufacturers of automated driv12 ing systems and driver assistance systems 

13 (including components); 

14 (iii) motor vehicle dealers; 

15 (iv) motor vehicle owners and opera16 tors, including fleet managers, vehicle rental 

17 companies, and transportation network 

18 companies; 

19 (v) consumers or consumer advocacy 

20 groups; 

21 (vi) automated vehicle proving grounds 

22 designated by the Department of Transpor23 tation; 

24 (vii) public health organizations; 

25 (viii) marketing professionals; 


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1 (ix) entities with national experience 

2 in consumer education, including drivers’ 

3 education; 

4 (x) safety organizations; 

5 (xi) enabling technology companies; 

6 and 

7 (xii) national cross disability organi8 zations and national organizations rep9 resenting older adults; and 

10 (B) any other members the Secretary con11 siders appropriate. 

12 (2) COMPENSATION.—Members of the working 

13 group shall serve without compensation. 

14 (3) CONSULTATION.—The Secretary shall consult 

15 with the Federal Trade Commission about the rec16 ommendations of the working group, as appropriate. 

17 (e) TERMINATION.—The working group established 

18 under this section shall terminate on the date that is 2 years 

19 after the date of the enactment of this Act. 

20 (f) RULEMAKING ON POINT OF SALE INFORMATION.— 

21 Not later than 3 years after the date of enactment of this 

22 Act, the Secretary shall promulgate a rule to require clear 

23 and concise information about the capabilities and limita24 tions of a highly automated vehicle or an automated driving 


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1 system to be provided to a consumer at the point of sale 

2 and in the vehicle owner’s manual. 

3 SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT. 

4 (a) RESEARCH.—The Secretary, in coordination with 

5 State and local transportation and highway safety entities, 

6 State and local law enforcement entities, and other relevant 

7 parties, shall research the traffic safety implications of 

8 highly automated vehicles, including— 

9 (1) the intersection of conventional and highly 

10 automated vehicles; and 

11 (2) law enforcement impacts, including— 

12 (A) enforcing applicable laws; 

13 (B) identifying whether a vehicle was in 

14 automated mode at the time of a crash; 

15 (C) lawfully accessing event data informa16 tion; and 

17 (D) determining how a highly automated 

18 vehicle should respond to law enforcement. 

19 (b) COORDINATION OF SAFETY.—The Secretary, in co20 ordination with State, local, and law enforcement agencies, 

21 may develop a process for State and local entities to provide 

22 information, on a voluntary basis, to the Secretary to assist 

23 the Department of Transportation in identifying defects re24 lated to motor vehicle safety of highly automated vehicles. 


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1 (c) CRASH DATA.—Not later than 3 years after the 

2 date of the enactment of this Act, the Secretary shall revise 

3 the crash investigation data collection system to include the 

4 collection of crash report data elements that distinguish 

5 whether the vehicle involved in a crash is a highly auto6 mated vehicle, including the level of automation and wheth7 er the vehicle was in automated mode at the time of a crash. 

8 SEC. 14. CYBERSECURITY. 

9 (a) IN GENERAL.—Subchapter I of chapter 301 of title 

10 49, United States Code, as amended by section 9, is further 

11 amended by adding at the end the following: 

12 ‘‘§ 30108. Cybersecurity risks to the safety of highly 

13 automated vehicles 

14 ‘‘(a) DEFINITIONS.—In this section: 

15 ‘‘(1) CYBERSECURITY INCIDENT.—The term ‘cy16 bersecurity incident’ has the meaning given the term 

17 ‘incident’ in section 227(a) of the Homeland Security 

18 Act of 2002 (6 U.S.C. 148(a)). 

19 ‘‘(2) CYBERSECURITY RISK.—The term ‘cyberse20 curity risk’ has the meaning given the term in section 

21 227(a) of the Homeland Security Act of 2002 (6 

22 U.S.C. 148(a)). 

23 ‘‘(3) CYBERSECURITY VULNERABILITY.—The 

24 term ‘cybersecurity vulnerability’ has the meaning 

25 given the term ‘security vulnerability’ in section 102 


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1 of the Cybersecurity Information Sharing Act of 2015 

2 (6 U.S.C. 1501). 

3 ‘‘(b) CYBERSECURITY PLAN.— 

4 ‘‘(1) IN GENERAL.—Each manufacturer of a 

5 highly automated vehicle or automated driving system 

6 shall develop, maintain, and execute a written plan 

7 for identifying and reducing cybersecurity risks to the 

8 motor vehicle safety of such vehicles and systems. 

9 ‘‘(2) REQUIREMENTS.—The plan required under 

10 paragraph (1) shall include a process for— 

11 ‘‘(A) the risk-based prioritized identification 

12 and protection of safety-critical vehicle control 

13 systems and the broader transportation eco14 system, as applicable; 

15 ‘‘(B) the efficient detection and response to 

16 potential vehicle cybersecurity incidents in the 

17 field; 

18 ‘‘(C) facilitating expeditious recovery from 

19 incidents as they occur; 

20 ‘‘(D) the institutionalization of methods for 

21 the accelerated adoption of lessons learned across 

22 industry through voluntary exchange of informa23 tion pertaining to cybersecurity incidents, 

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1 ability disclosure policy or other related prac2 tices for collaboration with third-party cyberse3 curity researchers; 

4 ‘‘(E) the identification of the point of con5 tact of the manufacturer with responsibility for 

6 the management of cybersecurity; 

7 ‘‘(F) the evaluation of elements of the sup8 ply chain to identify and address cybersecurity 

9 vulnerabilities; 

10 ‘‘(G) the use of segmentation and isolation 

11 techniques in vehicle architecture design, as ap12 propriate; 

13 ‘‘(H) employee training on the implementa14 tion of and compliance with the requirements 

15 under this paragraph; and 

16 ‘‘(I) supporting voluntary efforts by indus17 try and standards-setting organizations to de18 velop and identify consistent standards and 

19 guidelines relating to vehicle cybersecurity, con20 sistent, and to the extent appropriate, with the 

21 cybersecurity risk management activities de22 scribed in section 2(e) of the National Institute 

23 of Standards and Technology Act (15 U.S.C. 

24 272(e)). 


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1 ‘‘(3) INSPECTION.—The Secretary may inspect 

2 any cybersecurity plan developed by a manufacturer 

3 under this subsection to enable the Secretary to decide 

4 whether the manufacturer has complied, or is com5 plying, with this chapter or a regulation prescribed or 

6 order issued pursuant to this chapter. 

7 ‘‘(4) PROTECTIONS FOR DISCLOSURE.—Each 

8 manufacturer required to develop, maintain, and exe9 cute a plan under paragraph (1) shall develop a sum10 mary of the plan that is suitable for public disclosure 

11 and disclose such summary to the public. 

12 ‘‘(c) COORDINATED CYBERSECURITY VULNERABILITY

13 DISCLOSURE.—The Secretary may work cooperatively with 

14 manufacturers of highly automated vehicles and automated 

15 driving systems to incentivize manufacturers to voluntarily 

16 adopt a coordinated vulnerability disclosure policy and 

17 practice in which a security researcher privately discloses 

18 information related to a discovered vulnerability to a man19 ufacturer and allows the manufacturer time to confirm and 

20 remediate the vulnerability— 

21 ‘‘(1) so that manufacturers build relationships 

22 with security researchers to mitigate cybersecurity 

23 risks; and 

24 ‘‘(2) to discover and mitigate cybersecurity 

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1 mated driving systems that present a risk to motor 

2 vehicle safety (as defined in section 30102 of title 49, 

3 United States Code). 

4 ‘‘(d) COORDINATION.—All Federal agencies under5 taking research on cybersecurity risks associated with high6 ly automated vehicles shall coordinate with the Secretary 

7 on their findings.’’. 

8 (b) CLERICAL AMENDMENT.—The analysis for chapter 

9 301 of title 49, United States Code, is amended by inserting 

10 after the item relating to section 30107, as added by section 

11 9, the following: 

‘‘30108. Cybersecurity risks to the safety of highly automated vehicles.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by this 

13 section shall take effect on the date that is 18 months after 

14 the date of the enactment of this Act. 

15 SEC. 15. HAV DATA ACCESS ADVISORY COMMITTEE. 

16 (a) SHORT TITLE.—This section may be cited as the 

17 ‘‘HAV Data Access Advisory Committee Act’’. 

18 (b) DEFINITIONS.—In this section: 

19 (1) COMMITTEE.—The term ‘‘Committee’’ means 

20 the HAV Data Access Advisory Committee established 

21 pursuant to subsection (d)(1). 

22 (2) HAV.—The term ‘‘HAV’’ means highly auto23 mated vehicle. 

24 (c) FEDERAL REGULATION OF HAV DATA ACCESS.— 


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1 (1) TEMPORARY RULEMAKING RESTRICTION.—No 

2 department or administrative agency of the Federal 

3 Government may promulgate any regulation with re4 spect to the ownership of, control of, or access to, in5 formation or data stored by, or generated by, a highly 

6 automated vehicle or automated driving system before 

7 the report required under section (d)(4) is submitted 

8 to Congress. 

9 (2) SAVINGS PROVISIONS.—Nothing in this sub10 section may be construed to prevent the Federal Gov11 ernment from carrying out its responsibilities under 

12 the Driver Privacy Act of 2015 (49 U.S.C. 30101 

13 note). 

14 (d) HAV DATA ACCESS ADVISORY COMMITTEE.— 

15 (1) ESTABLISHMENT.—Not later than 180 days 

16 after the date of the enactment of this Act, the Sec17 retary shall establish the HAV Data Access Advisory 

18 Committee to provide a forum for stakeholders to dis19 cuss and make policy recommendations to Congress 

20 with respect to the ownership of, control of, or access 

21 to, information or data that vehicles collect, generate, 

22 record, or store in an electronic form that is retrieved 

23 from a highly automated vehicle or automated driving 

24 system. 

25 (2) MEMBERSHIP.— 


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1 (A) VOTING MEMBERS.—The Committee 

2 shall be composed of the following voting mem3 bers: 

4 (i) The Secretary or the Secretary’s 

5 designee. 

6 (ii) The Chairman of the Federal 

7 Trade Commission or the Chairman’s des8 ignee. 

9 (iii) A representative of State govern10 ments. 

11 (iv) A representative of local govern12 ments. 

13 (v) A representative of metropolitan 

14 planning organizations. 

15 (vi) A representative of transit agen16 cies. 

17 (vii) A representative of law enforce18 ment. 

19 (viii) A representative of HAV manu20 facturers. 

21 (ix) A representative of HAV equip22 ment manufacturers. 

23 (x) A representative of HAV dealers. 


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1 (xi) A representative of aftermarket 

2 parts manufacturers, distributors, and re3 tailers. 

4 (xii) A representative of independent 

5 vehicle repairers. 

6 (xiii) A representative of consumer 

7 safety advocates with privacy expertise. 

8 (xiv) A representative of consumer 

9 safety advocates with safety expertise. 

10 (xv) A representative of property and 

11 casualty insurers. 

12 (xvi) A representative of long-term 

13 motor vehicle fleet leasing and management 

14 companies or professionals. 

15 (xvii) A representative of short-term 

16 motor vehicle fleet management or rental 

17 companies. 

18 (xviii) A representative of mobility on 

19 demand companies. 

20 (xix) A representative of motor coach 

21 and tour bus owners. 

22 (B) NON-VOTING MEMBERS.—The Secretary 

23 may allow additional interested stakeholders to 

24 attend and participate in the activities of the 

25 Committee as non-voting members. 


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1 (3) MEETINGS.—The Committee shall meet not 

2 less frequently than 4 times per year. 

3 (4) REPORT.— 

4 (A) IN GENERAL.—Not later than 2 years 

5 after the Committee is established pursuant to 

6 paragraph (1), the Committee shall submit a re7 port to the Committee on Commerce, Science, 

8 and Transportation of the Senate and the Com9 mittee on Energy and Commerce of the House of 

10 Representatives that contains recommendations, 

11 supported by at least 2/3 of all voting members. 

12 Such report shall include recommendations re13 garding the ownership of, control of, or access to, 

14 information or data that vehicles collect, gen15 erate, record, or store in an electronic form that 

16 is retrieved from a highly automated vehicle or 

17 automated driving system, and may include mi18 nority views, if applicable. 

19 (B) CONSIDERATIONS.—When making any 

20 policy recommendations, the Committee shall 

21 give appropriate consideration to motor vehicle 

22 safety, intellectual property protections, compli23 ance with requirements under the Motor Vehicle 

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1 chanical or computer systems of such vehicles, 

2 public safety, and transportation planning. Rec3 ommendations should address— 

4 (i) an owner’s or registered user’s per5 sonally identifiable information; 

6 (ii) vehicle-generated data; and 

7 (iii) vehicle interface capability. 

8 (5) COMPENSATION.—Members of the Committee 

9 shall serve without compensation. 

10 (6) SUPPORT.—The Office of Rulemaking of the 

11 National Highway Traffic Safety Administration and 

12 the Bureau of Consumer Protection of the Federal 

13 Trade Commission shall provide support services to 

14 the Committee. 

15 (7) TERMINATION.—The Committee shall termi16 nate upon the submission of the report required under 

17 paragraph (4). 

18 (e) GAO STUDY ON REMOVAL OF PERSONAL DATA

19 FROM VEHICLE INFORMATION SYSTEMS.— 

20 (1) STUDY.— 

21 (A) IN GENERAL.—The Comptroller General 

22 of the United States shall conduct a study of the 

23 technologies currently available to remove data 

24 that may be personally identifiable or attrib25 utable to an individual from used motor vehicles 


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1 upon their sale to a new owner or from leased 

2 or rented vehicles at the completion of the lease 

3 or rental contract. 

4 (B) UNIFORM DATA REMOVAL APPROACH.— 

5 The study conducted under subparagraph (A) 

6 shall assess the feasibility of adopting a uniform 

7 and simple approach across vehicle brands for 

8 the removal of data described in subparagraph 

9 (A) when a vehicle is sold or a lease or rental 

10 ends. 

11 (C) CONSULTATION.—In conducting the 

12 study under subparagraph (A), the Comptroller 

13 General shall consult with— 

14 (i) vehicle manufacturers; 

15 (ii) consumer groups; 

16 (iii) vehicle dealers, including rep17 resentatives of the vehicle leasing and vehi18 cle rental industry; and 

19 (iv) other stakeholders. 

20 (2) REPORT.—Not later than 1 year after the 

21 date of the enactment of this Act, the Comptroller 

22 General of the United States shall submit a report to 

23 the Committee on Commerce, Science, and Transpor24 tation of the Senate and the Committee on Energy 

25 and Commerce of the House of Representatives that 


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1 contains the result of the study conducted under sub2 section (a), including recommendations regarding— 

3 (A) the feasibility of adopting a uniform 

4 data removal approach; and 

5 (B) legislative action that the Comptroller 

6 General may consider prudent and practicable 

7 for facilitating the consistent removal of data de8 scribed in subparagraph (A). 

9 SEC. 16. CYBERSECURITY CONSUMER EDUCATION INFOR10 MATION. 

11 (a) IN GENERAL.—Not later than 1 year after the date 

12 of the enactment of this Act, the Secretary shall— 

13 (1) develop educational cybersecurity resources to 

14 assist consumers in maintaining awareness of and 

15 minimizing potential motor vehicle cybersecurity 

16 risks; and 

17 (2) ensure that the resources developed under 

18 paragraph (1) are available to and readily accessible 

19 by the public on the website of the National Highway 

20 Traffic Safety Administration. 

21 (b) PERIODIC UPDATES.—The Secretary shall periodi22 cally update the resources developed under subsection (a). 

23 (c) CONSULTATION.—In developing the resources under 

24 subsection (a), the Secretary shall consult with motor vehi25 cle industry representatives, safety organizations, security 


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1 researchers, the National institute of Standards and Tech2 nology, and State and local government agencies that are 

3 directly or indirectly affected by this Act. 

4 SEC. 17. PROVISION OF CYBERSECURITY RESOURCE INFOR5 MATION. 

6 Manufacturers of motor vehicles shall include informa7 tion directing consumers to the cybersecurity resources de8 veloped by the Secretary under section 16 in motor vehicle 

9 owners’ manuals or on the manufacturer’s website that is 

10 publicly available and accessible to consumers. 

11 SEC. 18. HIGHLY AUTOMATED VEHICLE STUDY. 

12 (a) IN GENERAL.—Not later than 60 days after the 

13 date of enactment of this Act, the Secretary shall initiate 

14 a study on the existing and future impacts of highly auto15 mated vehicles to transportation infrastructure, mobility, 

16 the environment, and fuel consumption, including impacts 

17 on— 

18 (1) the Interstate System (as defined in section 

19 101(a) of title 23, United States Code); 

20 (2) urban areas; 

21 (3) rural areas; 

22 (4) transit systems; 

23 (5) corridors with heavy traffic congestion; 

24 (6) energy consumption and dependence; 


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1 (7) the connection between automated driving 

2 systems and fuel consumption and emissions; 

3 (8) transportation systems optimization; 

4 (9) the role of vehicle-to-vehicle and vehicle-to-in5 frastructure communications in transportation energy 

6 use; 

7 (10) vehicle drivetrain selection and perform8 ance; 

9 (11) congestion, crash avoidance, and emissions 

10 implications for States and localities; and 

11 (12) any other areas or issues that the Secretary 

12 determines to be appropriate. 

13 (b) CONTENTS OF STUDY.—The study under subsection 

14 (a) shall include specific recommendations regarding the 

15 impacts of highly automated vehicles on— 

16 (1) existing transportation system capacity; 

17 (2) vehicle miles traveled; 

18 (3) vehicle emissions; 

19 (4) public transit and multimodal use; 

20 (5) energy consumption and dependence; and 

21 (6) land use. 

22 (c) CONSIDERATIONS.—In carrying out the study, the 

23 Secretary shall— 


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1 (1) determine the need for any policy changes re2 quired by Federal agencies and legislative changes to 

3 be considered by Congress; and 

4 (2) include a discussion of— 

5 (A) the impacts that highly automated vehi6 cles will place on existing transportation infra7 structure, including signage and markings, traf8 fic lights, and highway capacity and design; 

9 (B) the implications of shared fleet and al10 ternative vehicle ownership models; 

11 (C) the impact on commercial and private 

12 traffic flows; 

13 (D) infrastructure improvement needs that 

14 may be necessary to accommodate highly auto15 mated vehicles, including potential energy needs; 

16 (E) the impact of highly automated vehicles 

17 on the environment, energy needs, congestion, 

18 and vehicle miles traveled; and 

19 (F) the impact of highly automated vehicles 

20 on mobility and public transit use in urban, 

21 suburban, and rural areas, including pedestrian 

22 and bicycle transportation modes. 

23 (d) COORDINATION.—In carrying out the study, the 

24 Secretary shall consider and incorporate relevant current 

25 and ongoing research of the Department of Transportation. 


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1 (e) CONSULTATION.—In carrying out the study, the 

2 Secretary shall convene and consult with a panel of na3 tional experts, including— 

4 (1) operators and users of the Interstate System 

5 (as defined in section 101(a) of title 23, United States 

6 Code), including private sector stakeholders; 

7 (2) States; 

8 (3) metropolitan planning organizations; 

9 (4) the motor carrier industry; 

10 (5) representatives of public transportation agen11 cies or organizations; 

12 (6) highway safety and academic groups; 

13 (7) nonprofit entities with experience in energy 

14 security and transportation policy; 

15 (8) National Laboratories (as defined in section 

16 2 of the Energy Policy Act of 2005 (42 U.S.C. 

17 15801)); 

18 (9) environmental stakeholders; and 

19 (10) highly automated vehicle producers, manu20 facturers, and technology developers. 

21 (f) REPORT.—Not later than 18 months after the date 

22 on which the study under subsection (a) is initiated, the 

23 Secretary shall submit to Congress a report on the results 

24 of the study. 


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1 (g) FACA.—The Federal Advisory Committee Act (5 

2 U.S.C. App.) shall not apply to the panel convened in ac3 cordance with subsection (e). 

4 SEC. 19. STUDY ON ENCOURAGING MANUFACTURING IN 

5 THE UNITED STATES OF AUTOMATED DRIV6 ING EQUIPMENT AND INTELLIGENT TRANS7 PORTATION SOLUTIONS. 

8 (a) IN GENERAL.—The Secretary shall conduct a 

9 study on ways to encourage manufacturing in the United 

10 States of automated driving equipment, intelligent trans11 portation solutions, and other equipment, including hard12 ware and processors. 

13 (b) RECOMMENDATIONS.—In conducting the study re14 quired by subsection (a), the Secretary shall develop rec15 ommendations for methods to incentivize manufacturing in 

16 the United States of automated driving equipment, intel17 ligent transportation solutions, and other equipment, in18 cluding hardware and processors, including through the use 

19 of grant programs and other funding sources. 

20 SEC. 20. PRIVACY PROTECTIONS FOR USERS OF MOTOR VE21 HICLES. 

22 (a) MOTOR VEHICLE PRIVACY DATABASE.—Beginning 

23 not later than 1 year after the date of enactment of this 

24 Act, the Administrator of NHTSA shall— 


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1 (1) create a publicly accessible and easily search2 able online database that contains the information de3 scribed in subsection (c); and 

4 (2) place a link to the database described in 

5 paragraph (1) on the home page of NHTSA’s website. 

6 (b) CONTENTS.—The database described in subsection 

7 (b)(1) shall contain— 

8 (1) a description of the information, including 

9 personally identifiable information, that will be col10 lected about individuals during the operation of 

11 motor vehicles; 

12 (2) an explanation of how the information re13 ferred to in paragraph (1), and the conclusions drawn 

14 from such information, will be used, disclosed, and 

15 otherwise handled, including— 

16 (A) how the collection or retention of such 

17 information that is unrelated to the operation of 

18 the motor vehicle use will be minimized; 

19 (B) the period during which such informa20 tion will be retained; and 

21 (C) when and how such information, in22 cluding information no longer relevant to the 

23 specified use, will be destroyed; 

24 (3) steps that will be used to protect against the 

25 unauthorized disclosure of any personally identifiable 


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1 information, such as the use of encryption methods 

2 and other security features; and 

3 (4) the privacy policies of manufacturers of 

4 motor vehicles, including whether consumers will have 

5 the right to stop the collection, use, distribution, or 

6 sale of their personally identifiable information. 

7 SEC. 21. CHILD SAFETY. 

8 (a) AMENDMENT.— 

9 (1) IN GENERAL.—Chapter 323 of title 49, 

10 United States Code, is amended by adding after sec11 tion 32304A the following: 

12 ‘‘§ 32304B. Child safety 

13 ‘‘(a) DEFINITIONS.—In this section: 

14 ‘‘(1) PASSENGER MOTOR VEHICLE.—The term 

15 ‘passenger motor vehicle’ has the meaning given that 

16 term in section 32101. 

17 ‘‘(2) REAR DESIGNATED SEATING POSITION.— 

18 The term ‘rear designated seating position’ means 

19 designated seating positions that are rearward of the 

20 front seat. 

21 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

22 the Secretary of Transportation. 

23 ‘‘(b) RULEMAKING.—Not later than 2 years after the 

24 date of the enactment of the American Vision for Safer 

25 Transportation through Advancement of Revolutionary 


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1 Technologies Act, the Secretary shall issue a final rule re2 quiring all new passenger motor vehicles weighing less than 

3 10,000 pounds gross vehicle weight to be equipped with a 

4 system to alert the operator to check rear designated seating 

5 positions after the vehicle engine or motor is deactivated 

6 by the operator. 

7 ‘‘(c) MEANS.—The alert required under subsection 

8 (b)— 

9 ‘‘(1) shall include a distinct auditory and visual 

10 alert, which may be combined with a haptic alert; 

11 and 

12 ‘‘(2) shall be activated when the vehicle motor is 

13 deactivated by the operator. 

14 ‘‘(d) ADD-ON CHILD RESTRAINT SYSTEMS.—In 

15 issuing the final rule required by subsection (b), the Sec16 retary shall consider additional technologies that work with 

17 add-on child restraint systems that achieve the same pur18 pose of alerting the driver in addition to the vehicle-based 

19 system. 

20 ‘‘(e) PHASE-IN.—The rule issued pursuant to sub21 section (b) shall require full compliance with the rule begin22 ning on September 1st of the first calendar year that begins 

23 more than 30 months after the date on which the final rule 

24 is issued.’’. 


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1 (2) CLERICAL AMENDMENT.—The analysis for 

2 chapter 323 of title 49, United States Code, is amend3 ed by striking the item relating to section 32304A 

4 and inserting the following: 

‘‘32304A. Consumer tire information and standards. 

‘‘32304B. Child safety.’’. 

5 (b) AWARENESS OF CHILDREN IN MOTOR VEHI6 CLES.—Section 402 of title 23, United States Code, is 

7 amended by inserting after subsection (k) the following: 

8 ‘‘(l) UNATTENDED PASSENGERS.— 

9 ‘‘(1) IN GENERAL.—Each State may use a por10 tion of the amounts it receives under this section to 

11 carry out a program to educate the public on the risks 

12 of leaving a child or unattended passenger in a vehi13 cle after the vehicle motor is deactivated by the oper14 ator. 

15 ‘‘(2) PROGRAM PLACEMENT.—A State does not 

16 need to carry out the program described in paragraph 

17 (1) through the State transportation or highway safe18 ty office.’’. 

19 (c) STUDY AND REPORT.— 

20 (1) INDEPENDENT STUDY.— 

21 (A) AGREEMENT.— 

22 (i) IN GENERAL.—The Secretary shall 

23 enter into an agreement or a contract with 

24 an independent third-party that does not 


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1 have any financial or contractual ties with 

2 passenger motor vehicle manufacturers or 

3 technology companies producing child re4 minder alert systems to perform the services 

5 under this paragraph. 

6 (ii) TIMING.—The Secretary shall enter 

7 into the agreement or contract described in 

8 clause (i) not later than the date that the 

9 Secretary determines is the latest date by 

10 which completion of the services under this 

11 paragraph will allow the Secretary enough 

12 time to prepare and submit the study re13 quired under paragraph (2) in accordance 

14 with such paragraph. 

15 (B) INDEPENDENT STUDY.— 

16 (i) IN GENERAL.—Under an agreement 

17 between the Secretary and an independent 

18 third-party under this paragraph, the inde19 pendent third-party shall carry out a study 

20 on retrofitting existing passenger motor ve21 hicles, and add-on child restraint systems, 

22 with technology to address the problem of 

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1 cles have been deactivated by the operator of 

2 the vehicle. 

3 (ii) ELEMENTS.—In carrying out the 

4 study required under clause (i), the inde5 pendent third-party shall— 

6 (I) survey and evaluate a variety 

7 of methods used by current and emerg8 ing aftermarket technology or products, 

9 including add-on child restraint sys10 tems, to solve the problem of children 

11 being left in a rear designated seating 

12 position after the vehicle motor is de13 activated by the operator; 

14 (II) make recommendations for 

15 manufacturers of such technology or 

16 products to undergo a functional safety 

17 performance to ensure that the prod18 ucts, including add-on child restraint 

19 systems, perform as designed by the 

20 manufacturer under a variety of real 

21 world conditions; and 

22 (III) provide recommendations for 

23 consumers on how to select such tech24 nology or products in order to retrofit 


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1 existing vehicles and for add-on child 

2 restraint systems. 

3 (2) REPORT.—During the 180-day period begin4 ning on the date on which the Secretary issues the 

5 final rule required under section 32304B(b) of title 

6 49, United States Code, as added by subsection (a)(1), 

7 the Secretary shall submit the results of the study car8 ried out under paragraph (1) to the Committee on 

9 Commerce, Science, and Transportation of the Senate 

10 and the Committee on Energy and Commerce of the 

11 House of Representatives. 

12 SEC. 22. SAVINGS PROVISION. 

13 Nothing in this Act may be construed to alter any ex14 isting authority under subtitle VI of title 49, United States 

15 Code, relating to motor vehicles with a gross vehicle weight 

16 of 10,001 pounds or more. 


lotter on DSKBCFDHB2PROD with BILLS

lotter on DSKBCFDHB2PROD with BILLS
Calendar No. 268 

115TH CONGRESS 

1ST SESSION S. 1885 

[Report No. 115–187] 

A BILL 

To support the development of highly automated 

vehicle safety technologies, and for other purposes. 

NOVEMBER 28, 2017 

Reported with an amendment 


lotter on DSKBCFDHB2PROD with BILLS