I 

116TH CONGRESS 

2D SESSION H. R. 8350 

To amend title 49, United States Code, regarding the authority of the National Highway Traffic Safety Administration over highly automated 

vehicles, to provide safety measures for such vehicles, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2020 

Mr. LATTA introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Education and Labor, and Transportation and Infrastructure, for a period to 

be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To amend title 49, United States Code, regarding the authority of the National Highway Traffic Safety Administration over highly automated vehicles, to provide safety 

measures for such vehicles, and for other purposes. 

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 

5 ‘‘Safely Ensuring Lives Future Deployment and Research 

6 In Vehicle Evolution Act’’ or the ‘‘SELF DRIVE Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Purpose. 

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

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

Sec. 5. Cybersecurity of automated driving systems. 

Sec. 6. General exemptions. 

Sec. 7. Motor vehicle testing or evaluation. 

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

Sec. 9. Highly Automated Vehicle Advisory Council. 

Sec. 10. Rear seat occupant alert system. 

Sec. 11. Headlamps. 

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

Sec. 13. Definitions. 

3 SEC. 2. PURPOSE. 

4 The purpose of this Act is to clarify the Federal role 

5 in ensuring the safety of highly automated vehicles as it 

6 relates to design, construction, and performance, by en7 couraging the testing and deployment of such vehicles. 

8 SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR 

9 AUTONOMOUS MOTOR VEHICLES. 

10 Section 30103 of title 49, United States Code, is 

11 amended— 

12 (1) by amending subsection (b) to read as fol13 lows: 

14 ‘‘(b) PREEMPTION.— 

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

16 State or political subdivision of a State may main17 tain, enforce, prescribe, or continue in effect any law 

18 or regulation regarding the design, construction, or 


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1 performance of highly automated vehicles, auto2 mated driving systems, or components of automated 

3 driving systems unless such law or regulation is 

4 identical to a standard prescribed under this chap5 ter. 

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

7 motor vehicle safety standard is in effect under this 

8 chapter, a State or political subdivision of a State 

9 may prescribe or continue in effect a standard appli10 cable to the same aspect of performance of a motor 

11 vehicle or motor vehicle equipment only if the stand12 ard is identical to the standard prescribed under this 

13 chapter. 

14 ‘‘(3) RULES OF CONSTRUCTION.— 

15 ‘‘(A) IN GENERAL.—Nothing in this sub16 section may be construed to prohibit a State or 

17 a political subdivision of a State from maintain18 ing, enforcing, prescribing, or continuing in ef19 fect any law or regulation regarding registra20 tion, licensing, driving education and training, 

21 insurance, law enforcement, crash investiga22 tions, safety and emissions inspections, conges23 tion management of vehicles on the street with24 in a State or political subdivision of a State, or 

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1 sonable restriction on the design, construction, 

2 or performance of highly automated vehicles, 

3 automated driving systems, or components of 

4 automated driving systems. 

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

6 in this subsection may be construed to prohibit 

7 a State or political subdivision of a State from 

8 maintaining, enforcing, prescribing, or con9 tinuing in effect any law or regulation regard10 ing the sale, distribution, repair, or service of 

11 highly automated vehicles, automated driving 

12 systems, or components of automated driving 

13 systems by a dealer, manufacturer, or dis14 tributor. 

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

16 Nothing in this subsection shall be construed to 

17 preempt, restrict, or limit a State or political 

18 subdivision of a State from acting in accordance 

19 with any other Federal law. 

20 ‘‘(4) HIGHER PERFORMANCE REQUIREMENT.— 

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

22 a political subdivision of a State may prescribe a 

23 standard for a motor vehicle, motor vehicle equip24 ment, highly automated vehicle, or automated driv25 ing system obtained for its own use that imposes a 


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1 higher performance requirement than that required 

2 by the otherwise applicable standard under this 

3 chapter. 

4 ‘‘(5) STATE ENFORCEMENT.—A State may en5 force a standard that is identical to a standard pre6 scribed under this chapter.’’; 

7 (2) by amending subsection (e) to read as fol8 lows: 

9 ‘‘(e) COMMON LAW LIABILITY.— 

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

11 vehicle safety standard prescribed under this chapter 

12 does not exempt a person from liability at common 

13 law. 

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

15 this section shall be construed to preempt common 

16 law claims.’’; and 

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

18 ‘‘(f) LICENSING.—A State may not issue a motor ve19 hicle operator’s license for the operation or use of a dedi20 cated highly automated vehicle in a manner that discrimi21 nates on the basis of disability (as defined in section 3 

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

23 12102)).’’. 


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1 SEC. 4. UPDATED OR NEW MOTOR VEHICLE SAFETY STAND2 ARDS FOR HIGHLY AUTOMATED VEHICLES. 

3 (a) IN GENERAL.—Chapter 301 of subtitle VI of title 

4 49, United States Code, is amended by inserting after sec5 tion 30128 the following new section: 

6 ‘‘§ 30129. Updated or new motor vehicle safety stand7 ards for highly automated vehicles 

8 ‘‘(a) SAFETY ASSESSMENT CERTIFICATION.— 

9 ‘‘(1) FINAL RULE.—Not later than 24 months 

10 after the date of the enactment of this section, the 

11 Secretary of Transportation shall issue a final rule 

12 requiring the submission of safety assessment certifi13 cations regarding how safety is being addressed by 

14 each entity developing a highly automated vehicle or 

15 an automated driving system. Such rule shall in16 clude— 

17 ‘‘(A) a specification of which entities are 

18 required to submit such certifications; 

19 ‘‘(B) a clear description of the relevant test 

20 results, data, and other contents required to be 

21 submitted by such entity, in order to dem22 onstrate that such entity’s vehicles are likely to 

23 maintain safety, and function as intended and 

24 contain fail safe features, to be included in such 

25 certifications; and 


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1 ‘‘(C) a specification of the circumstances 

2 under which such certifications are required to 

3 be updated or resubmitted. 

4 ‘‘(2) INTERIM REQUIREMENT.—Until the final 

5 rule issued under paragraph (1) takes effect, safety 

6 assessment letters shall be submitted to the National 

7 Highway Traffic Safety Administration as con8 templated by the Federal Automated Vehicles Policy 

9 issued in September 2016, or any successor guid10 ance issued on highly automated vehicles requiring a 

11 safety assessment letter. 

12 ‘‘(3) PERIODIC REVIEW AND UPDATING.—Not 

13 later than 5 years after the date on which the final 

14 rule is issued under paragraph (1), and not less fre15 quently than every 5 years thereafter, the Secretary 

16 shall— 

17 ‘‘(A) review such rule; and 

18 ‘‘(B) update such rule if the Secretary con19 siders it necessary. 

20 ‘‘(4) RULES OF CONSTRUCTION.— 

21 ‘‘(A) NO CONDITIONS ON DEPLOYMENT.— 

22 Nothing in this subsection may be construed to 

23 limit or affect the Secretary’s authority under 

24 any other provision of law. The Secretary may 

25 not condition deployment or testing of highly 


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1 automated vehicles on review of safety assess2 ment certifications. 

3 ‘‘(B) NO NEW AUTHORITIES.—No new au4 thorities are granted to the Secretary under 

5 this section other than the promulgation of the 

6 rule pursuant to paragraph (1). 

7 ‘‘(5) REVIEW AND RESEARCH.—To accommo8 date the development and deployment of highly auto9 mated vehicles and to ensure the safety and security 

10 of highly automated vehicles and motor vehicles and 

11 others that will share the roads with highly auto12 mated vehicles, not later than 180 days after the 

13 date of the enactment of this section, the Secretary 

14 shall— 

15 ‘‘(A) initiate or continue a review of the 

16 Federal motor vehicle safety standards in effect 

17 on such date of enactment; and 

18 ‘‘(B) initiate or continue research regard19 ing new Federal motor vehicle safety standards. 

20 ‘‘(b) RULEMAKING AND SAFETY PRIORITY PLAN.— 

21 ‘‘(1) IN GENERAL.—Not later than 1 year after 

22 the date of enactment of this section, the Secretary 

23 shall make available to the public and submit to the 

24 Committee on Energy and Commerce of the House 

25 of Representatives and the Committee on Commerce, 


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1 Science, and Transportation of the Senate a rule2 making and safety priority plan, as necessary to ac3 commodate the development and deployment of high4 ly automated vehicles and to ensure the safety and 

5 security of highly automated vehicles and motor ve6 hicles and others that will share the roads with high7 ly automated vehicles, to— 

8 ‘‘(A) update the motor vehicle safety 

9 standards in effect on such date of enactment; 

10 ‘‘(B) issue new motor vehicle safety stand11 ards; and 

12 ‘‘(C) consider how objective ranges in per13 formance standards could be used to test motor 

14 vehicle safety standards, which safety standards 

15 would be appropriate for such testing, and 

16 whether additional authority would facilitate 

17 such testing. 

18 ‘‘(2) INCLUSION OF PRIORITIES.— 

19 ‘‘(A) PRIORITIES.—The plan required by 

20 paragraph (1) shall detail the overall priorities 

21 of the National Highway Traffic Safety Admin22 istration for the 5 years following the issuance 

23 of the plan, including both priorities with re24 spect to highly automated vehicles and priorities 

25 with respect to other safety initiatives of the 


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1 Administration, in order to meet the Nation’s 

2 motor vehicle safety challenges. 

3 ‘‘(B) IDENTIFICATION OF ELEMENTS THAT

4 MAY REQUIRE STANDARDS.—For highly auto5 mated vehicles, the National Highway Traffic 

6 Safety Administration should identify elements 

7 that may require performance standards includ8 ing human machine interface, sensors, and ac9 tuators, and consider process and procedure 

10 standards for software and cybersecurity as 

11 necessary. 

12 ‘‘(3) PERIODIC UPDATING.—The plan required 

13 by paragraph (1) shall be updated every 2 years, or 

14 more frequently if the Secretary considers it nec15 essary. 

16 ‘‘(4) RULEMAKING PROCEEDINGS ON UPDATED

17 OR NEW MOTOR VEHICLE SAFETY STANDARDS.— 

18 ‘‘(A) IN GENERAL.—Not later than 18 

19 months after the date of enactment of this sec20 tion, the Secretary shall initiate the first rule21 making proceeding in accordance with the rule22 making and safety priority plan required by 

23 paragraph (1). 

24 ‘‘(B) PRIORITIZATION OF SUBSEQUENT

25 PROCEEDINGS.—The Secretary shall continue 


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1 initiating rulemaking proceedings in accordance 

2 with such plan. The Secretary may change at 

3 any time those priorities to address matters the 

4 Secretary considers of greater priority. If the 

5 Secretary makes such a change, the Secretary 

6 shall complete an interim update of the priority 

7 plan, make such update available to the public, 

8 and submit such update to the Committee on 

9 Energy and Commerce of the House of Rep10 resentatives and the Committee on Commerce, 

11 Science, and Transportation of the Senate.’’. 

12 (b) CLERICAL AMENDMENT.—The analysis for chap13 ter 301 of subtitle VI of title 49, United States Code, is 

14 amended by inserting after the item relating to section 

15 30128 the following new item: 

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

16 SEC. 5. CYBERSECURITY OF AUTOMATED DRIVING SYS17 TEMS. 

18 (a) IN GENERAL.—Chapter 301 of subtitle VI of title 

19 49, United States Code, is amended by inserting after sec20 tion 30129 (as added by section 4) the following new sec21 tion: 

22 ‘‘§ 30130. Cybersecurity of automated driving systems 

23 ‘‘(a) CYBERSECURITY PLAN.—A manufacturer may 

24 not sell, offer for sale, introduce or deliver for introduction 


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1 into commerce, or import into the United States, any high2 ly automated vehicle, vehicle that performs partial driving 

3 automation, or automated driving system unless such 

4 manufacturer has developed a cybersecurity plan that in5 cludes the following: 

6 ‘‘(1) A written cybersecurity policy with respect 

7 to the practices of the manufacturer for detecting 

8 and responding to cyber attacks, unauthorized intru9 sions, and false and spurious messages or vehicle 

10 control commands. This policy shall include— 

11 ‘‘(A) a process for identifying, assessing, 

12 and mitigating reasonably foreseeable 

13 vulnerabilities from cyber attacks or unauthor14 ized intrusions, including false and spurious 

15 messages and malicious vehicle control com16 mands; and 

17 ‘‘(B) a process for taking preventive and 

18 corrective action to mitigate against 

19 vulnerabilities in a highly automated vehicle or 

20 a vehicle that performs partial driving automa21 tion, including incident response plans, intru22 sion detection and prevention systems that safe23 guard key controls, systems, and procedures 

24 through testing or monitoring, and updates to 

25 such process based on changed circumstances. 


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1 ‘‘(2) The identification of an officer or other in2 dividual of the manufacturer as the point of contact 

3 with responsibility for the management of cybersecu4 rity. 

5 ‘‘(3) A process for limiting access to automated 

6 driving systems. 

7 ‘‘(4) A process for employee training and super8 vision for implementation and maintenance of the 

9 policies and procedures required by this section, in10 cluding controls on employee access to automated 

11 driving systems. 

12 ‘‘(b) EFFECTIVE DATE.—This section shall take ef13 fect 180 days after the date of enactment of this section.’’. 

14 (b) ENFORCEMENT AUTHORITY.—Section 

15 30165(a)(1) of title 49, United States Code, is amended 

16 by inserting ‘‘30130,’’ after ‘‘30127,’’. 

17 (c) CLERICAL AMENDMENT.—The analysis for chap18 ter 301 of subtitle VI of title 49, United States Code, is 

19 amended by inserting after the item relating to section 

20 30129 (as added by section 4) the following new item: 

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

21 SEC. 6. GENERAL EXEMPTIONS. 

22 Section 30113 of title 49, United States Code, is 

23 amended— 

24 (1) in subsection (b)(3)(B)— 


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1 (A) in clause (iii), by striking ‘‘; or’’ and 

2 inserting a semicolon; 

3 (B) in clause (iv), by striking the period at 

4 the end and inserting ‘‘; or’’; and 

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

6 ‘‘(v) the exemption would make easier the devel7 opment or field evaluation of— 

8 ‘‘(I) a feature of a highly automated vehi9 cle providing a safety level at least equal to the 

10 safety level of the standard for which exemption 

11 is sought; or 

12 ‘‘(II) a highly automated vehicle providing 

13 an overall safety level at least equal to the over14 all safety level of nonexempt vehicles; 

15 ‘‘(vi) the exemption would promote transpor16 tation access for individuals with disabilities (as de17 fined in section 3 of the Americans with Disabilities 

18 Act of 1990 (42 U.S.C. 12102)) and would pro19 vide— 

20 ‘‘(I) a safety level at least equal to the 

21 safety level of the standard for which the ex22 emption is sought; or 

23 ‘‘(II) an overall safety level at least equal 

24 to the overall safety level of nonexempt vehi25 cles.’’; 


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1 (2) in subsection (c), by adding at the end the 

2 following: 

3 ‘‘(5) if the application is made under subsection 

4 (b)(3)(B)(v) or (vi)— 

5 ‘‘(A) such development, testing, and other 

6 data necessary to demonstrate that the motor 

7 vehicle is a highly automated vehicle; and 

8 ‘‘(B) a detailed analysis that includes sup9 porting test data, including both on-road and 

10 validation and testing data showing (as applica11 ble) that— 

12 ‘‘(i) the safety level of the feature at 

13 least equals the safety level of the standard 

14 for which exemption is sought; or 

15 ‘‘(ii) the vehicle provides an overall 

16 safety level at least equal to the overall 

17 safety level of nonexempt vehicles.’’; 

18 (3) in subsection (d), by striking ‘‘A manufac19 turer is eligible’’ and all that follows and inserting 

20 the following: 

21 ‘‘(1) ELIGIBILITY UNDER SUBSECTION

22 (b)(3)(B)(i).—A manufacturer is eligible for an ex23 emption under subsection (b)(3)(B)(i) of this section 

24 (including an exemption under subsection 

25 (b)(3)(B)(i) relating to a bumper standard referred 


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1 to in subsection (b)(1)) only if the Secretary deter2 mines that the manufacturer’s total motor vehicle 

3 production in the most recent year of production is 

4 not more than 10,000. 

5 ‘‘(2) ELIGIBILITY UNDER SUBSECTION

6 (b)(3)(B)(iii).—A manufacturer is eligible for an ex7 emption under subsection (b)(3)(B)(iii) of this sec8 tion only if the Secretary determines the exemption 

9 is for not more than 2,500 vehicles to be sold in the 

10 United States in any 12-month period. 

11 ‘‘(3) ELIGIBILITY UNDER SUBSECTION

12 (b)(3)(B)(ii), (iv), or (v).—A manufacturer is eligi13 ble for an exemption under subsection (b)(3)(B)(ii), 

14 (iv), or (v) of this section only if the Secretary deter15 mines the exemption is for not more than 100,000 

16 vehicles per manufacturer to be sold, leased, or oth17 erwise introduced into commerce in the United 

18 States in any 12-month period. 

19 ‘‘(4) LIMITATION ON NUMBER OF VEHICLES

20 EXEMPTED.—All exemptions granted to a manufac21 turer under subsections (b)(3)(B)(i) through (v) 

22 shall not exceed a total of (i) 25,000 vehicles manu23 factured within the first 12-month period, (ii) 

24 50,000 vehicles manufactured within the second 12- 

25 month period, (iii) 100,000 vehicles manufactured 


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1 within the third 12-month period, and, (iv) 100,000 

2 vehicles manufactured within the fourth 12-month 

3 period. Any renewals under subsections (b)(3)(B)(i) 

4 through (v) shall not exceed a total of 100,000 vehi5 cles manufactured within a 12-month period.’’; 

6 (4) in subsection (e), by striking ‘‘An exemption 

7 or renewal’’ and all that follows and inserting the 

8 following: 

9 ‘‘(1) EXEMPTION UNDER SUBSECTION

10 (b)(3)(B)(i).—An exemption or renewal under sub11 section (b)(3)(B)(i) of this section may be granted 

12 for not more than 3 years. 

13 ‘‘(2) EXEMPTION UNDER SUBSECTION

14 (b)(3)(B)(iii).—An exemption or renewal under sub15 section (b)(3)(B)(iii) of this section may be granted 

16 for not more than 2 years. 

17 ‘‘(3) EXEMPTION UNDER SUBSECTION

18 (b)(3)(B)(ii), (iv), or (v).—An exemption or renewal 

19 under subsection (b)(3)(B)(ii), (iv), or (v) of this 

20 section may be granted for not more than 4 years.’’; 

21 and 

22 (5) by adding at the end the following: 

23 ‘‘(i) LIMITATION ON CERTAIN EXEMPTIONS.—No ex24 emption from crashworthiness standards of motor vehicle 

25 safety standards shall be granted under subsection 


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1 (b)(3)(B)(v) until the Secretary issues the safety assess2 ment certification rule pursuant to section 30129(a) and 

3 the rulemaking and safety priority plan pursuant to sec4 tion 30129(b) and one year has passed from the date by 

5 which the Secretary has issued both such rule and such 

6 plan. This subsection shall not apply to exemptions from 

7 occupant protection standards if the exemption is for a 

8 vehicle that will not carry its operator or passengers. This 

9 subsection shall not apply to exemptions from crash10 worthiness standards if the exemption sought is for a 

11 standard addressing the steering control system and it is 

12 for a vehicle that— 

13 ‘‘(1) will not have a steering control system; 

14 ‘‘(2) provides impact protection to an occupant 

15 in the front left seat at a level at least equal to the 

16 level provided in nonexempt vehicles; and 

17 ‘‘(3) provides a safety level at least equal to the 

18 safety level of the standard for which the exemption 

19 is sought. 

20 ‘‘(j) REPORTING REQUIREMENT.—A manufacturer 

21 granted an exemption under subsection (b)(3)(B)(ii), (iv), 

22 or (v), shall provide information about all crashes of which 

23 it has actual knowledge involving such exempted vehicles, 

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1 turer, in accordance with part 579 of title 49, Code of 

2 Federal Regulations. 

3 ‘‘(k) PROCESS AND ANALYSIS.— 

4 ‘‘(1) IN GENERAL.—Not later than 180 days 

5 after the date of enactment of this subsection, the 

6 Secretary of Transportation shall publish in the 

7 Federal Register a notice that details the process 

8 and analysis used for the consideration of exemption 

9 or renewal applications under subsection 

10 (b)(3)(B)(v). 

11 ‘‘(2) PERIODIC REVIEW AND UPDATING.—The 

12 notice required by paragraph (1) shall be reviewed 

13 every 5 years and updated if the Secretary considers 

14 it necessary. 

15 ‘‘(l) EXEMPTION DATABASE.— 

16 ‘‘(1) IN GENERAL.—The Secretary shall estab17 lish a publicly available and searchable electronic 

18 database of each motor vehicle for which an exemp19 tion from motor vehicle safety standards prescribed 

20 under this chapter or a bumper standard prescribed 

21 under chapter 325 has been granted. 

22 ‘‘(2) VEHICLE IDENTIFICATION NUMBER.—The 

23 database established under paragraph (1) shall be 

24 searchable by Vehicle Identification Number and 


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1 shall include no information identifying the vehicle 

2 owner.’’. 

3 SEC. 7. MOTOR VEHICLE TESTING OR EVALUATION. 

4 Section 30112(b)(10) of title 49, United States Code, 

5 is amended— 

6 (1) by striking ‘‘that prior to the date of enact7 ment of this paragraph’’; 

8 (2) in subparagraph (A), by striking ‘‘motor ve9 hicles into the United States that are certified’’ and 

10 inserting ‘‘into the United States motor vehicles that 

11 are certified, or motor vehicle equipment utilized in 

12 a motor vehicle that is certified,’’; 

13 (3) in subparagraph (C), by striking the period 

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

15 (4) by redesignating subparagraphs (A) through 

16 (C) as clauses (i) through (iii), respectively, and 

17 moving their margins 2 ems to the right; 

18 (5) by striking ‘‘evaluation by a manufacturer 

19 that agrees not to sell or offer for sale’’ and insert20 ing the following: ‘‘evaluation by— 

21 ‘‘(A) a manufacturer that agrees not to sell 

22 or lease or offer for sale or lease’’; and 

23 (6) by adding at the end the following: 

24 ‘‘(B) a manufacturer of highly automated 

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1 nents of automated driving systems that agrees 

2 not to sell or lease or offer for sale or lease the 

3 highly automated vehicles, automated driving 

4 systems, or components of automated driving 

5 systems at the conclusion of the testing or eval6 uation and— 

7 ‘‘(i) has submitted to the Secretary— 

8 ‘‘(I) the name of the individual, 

9 partnership, corporation, or institu10 tion of higher education and a point 

11 of contact; 

12 ‘‘(II) the residence address of the 

13 individual, partnership, corporation, 

14 or institution of higher education and 

15 State of incorporation if applicable; 

16 ‘‘(III) a description of each type 

17 of motor vehicle used during develop18 ment of highly automated vehicles, 

19 automated driving systems, or compo20 nents of automated driving systems 

21 manufactured by the individual, part22 nership, corporation, or institution of 

23 higher education; and 

24 ‘‘(IV) proof of insurance for any 

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1 ship, corporation, or institution of 

2 higher education intends to test or 

3 evaluate highly automated vehicles; 

4 and 

5 ‘‘(ii) if applicable, has identified an 

6 agent for service of process in accordance 

7 with part 551 of title 49, Code of Federal 

8 Regulations.’’. 

9 SEC. 8. INFORMATION ON HIGHLY AUTOMATED DRIVING 

10 SYSTEMS MADE AVAILABLE TO PROSPECTIVE 

11 BUYERS. 

12 (a) RESEARCH.—Not later than 3 years after the 

13 date of enactment of this Act, the Secretary of Transpor14 tation shall complete research to determine the most effec15 tive method and terminology for informing consumers for 

16 each highly automated vehicle or a vehicle that performs 

17 partial driving automation about the capabilities and limi18 tations of that vehicle. The Secretary shall determine 

19 whether such information is based upon or includes the 

20 terminology as defined by SAE International in Rec21 ommended Practice Report J3016 (published September 

22 2016) or whether such description should include alter23 native terminology. 

24 (b) RULEMAKING.—After the completion of the study 

25 required under subsection (a), the Secretary shall initiate 


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1 a rulemaking proceeding to require manufacturers to in2 form consumers of the capabilities and limitations of a ve3 hicle’s driving automation system or feature for any highly 

4 automated vehicle or any vehicle that performs partial 

5 driving automation. 

6 SEC. 9. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL. 

7 (a) ESTABLISHMENT.—Subject to the availability of 

8 appropriations, not later than 6 months after the date of 

9 enactment of this Act, the Secretary of Transportation 

10 shall establish in the National Highway Traffic Safety Ad11 ministration a Highly Automated Vehicle Advisory Council 

12 (hereinafter referred to as the ‘‘Council’’). 

13 (b) MEMBERSHIP.—Members of the Council shall in14 clude a diverse group representative of business (including 

15 motor vehicle manufacturers, mobility service providers, 

16 and motor vehicle dealers), academia and independent re17 searchers, State and local authorities, safety and con18 sumer advocates, disability organizations, engineers, labor 

19 organizations, environmental experts, a representative of 

20 the National Highway Traffic Safety Administration, and 

21 other members determined to be appropriate by the Sec22 retary. Any subcommittee of the Council shall be com23 posed of not less than 15 and not more than 30 members 

24 appointed by the Secretary. 


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1 (c) TERMS.—Members of the Council shall be ap2 pointed by the Secretary of Transportation and shall serve 

3 for a term of three years. 

4 (d) VACANCIES.—Any vacancy occurring in the mem5 bership of the Council shall be filled in the same manner 

6 as the original appointment for the position being vacated. 

7 The vacancy shall not affect the power of the remaining 

8 members to execute the duties of the Council. 

9 (e) DUTIES AND SUBCOMMITTEES.—The Council 

10 may form subcommittees as needed to undertake informa11 tion gathering activities, develop technical advice, and 

12 present best practices or recommendations to the Sec13 retary regarding— 

14 (1) advancing mobility access for the disabled 

15 community with respect to the deployment of auto16 mated driving systems to identify impediments to 

17 their use and ensure an awareness of the needs of 

18 the disabled community as these vehicles are being 

19 designed for distribution in commerce; 

20 (2) mobility access for senior citizens and popu21 lations underserved by traditional public transpor22 tation services and educational outreach efforts with 

23 respect to the testing and distribution of highly 

24 automated vehicles in commerce; 


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1 (3) cybersecurity for the testing, deployment, 

2 and updating of automated driving systems with re3 spect to supply chain risk management, interactions 

4 with Information Sharing and Analysis Centers and 

5 Information Sharing and Analysis Organizations, 

6 and a framework for identifying and implementing 

7 recalls of motor vehicles or motor vehicle equipment; 

8 (4) the development of a framework that allows 

9 manufacturers of highly automated vehicles to share 

10 with each other and the National Highway Traffic 

11 Safety Administration relevant, situational informa12 tion related to any testing or deployment event on 

13 public streets resulting or that reasonably could have 

14 resulted in damage to the vehicle or any occupant 

15 thereof and validation of such vehicles in a manner 

16 that does not risk public disclosure of such informa17 tion or disclosure of confidential business informa18 tion; 

19 (5) labor and employment issues that may be 

20 affected by the deployment of highly automated vehi21 cles; 

22 (6) the environmental impacts of the deploy23 ment of highly automated vehicles, and the develop24 ment and deployment of alternative fuel infrastrucVerDate Sep 11 2014 00:45 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H8350.IH H8350

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1 ture alongside the development and deployment of 

2 highly automated vehicles; 

3 (7) protection of consumer privacy and security 

4 of information collected by highly automated vehi5 cles; 

6 (8) cabin safety for highly automated vehicle 

7 passengers, and how automated driving systems may 

8 impact collision vectors, overall crashworthiness, and 

9 the use and placement of airbags, seatbelts, anchor 

10 belts, head restraints, and other protective features 

11 in the cabin; 

12 (9) the testing and deployment of highly auto13 mated vehicles and automated driving systems in 

14 areas that are rural, remote, mountainous, insular, 

15 or unmapped to evaluate operational limitations 

16 caused by natural geographical or man-made fea17 tures, or adverse weather conditions, and to enhance 

18 the safety and reliability of highly automated vehi19 cles and automated driving systems used in such 

20 areas with such features or conditions; and 

21 (10) independent verification and validation 

22 procedures for highly automated vehicles that may 

23 be useful to safeguard motor vehicle safety. 

24 (f) REPORT TO CONGRESS.—The recommendations 

25 of the Council shall also be reported to the Committee on 


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1 Energy and Commerce of the House of Representatives 

2 and the Committee on Commerce, Science, and Transpor3 tation of the Senate. 

4 (g) FEDERAL ADVISORY COMMITTEE ACT.—The es5 tablishment and operation of the Council and any sub6 committees of the Council shall conform to the require7 ments of the Federal Advisory Committee Act (5 U.S.C. 

8 App.). 

9 (h) TECHNICAL ASSISTANCE.—On request of the 

10 Council, the Secretary shall provide such technical assist11 ance to the Council as the Secretary determines to be nec12 essary to carry out the Council’s duties. 

13 (i) DETAIL OF FEDERAL EMPLOYEES.—On the re14 quest of the Council, the Secretary may detail, with or 

15 without reimbursement, any of the personnel of the De16 partment of Transportation to the Council to assist the 

17 Council in carrying out its duties. Any detail shall not in18 terrupt or otherwise affect the civil service status or privi19 leges of the Federal employee. 

20 (j) PAYMENT AND EXPENSES.—Members of the 

21 Council shall serve without pay, except travel and per diem 

22 will be paid each member for meetings called by the Sec23 retary. 


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1 (k) TERMINATION.—The Council and any sub2 committees of the Council shall terminate 6 years after 

3 the date of enactment of this Act. 

4 SEC. 10. REAR SEAT OCCUPANT ALERT SYSTEM. 

5 (a) IN GENERAL.—Chapter 301 of subtitle VI of title 

6 49, United States Code, is amended by inserting after sec7 tion 30130 (as added by section 5) the following new sec8 tion: 

9 ‘‘§ 30131. Rear seat occupant alert system 

10 ‘‘(a) RULEMAKING REQUIRED.—Not later than 2 

11 years after the date of enactment of this section, the Sec12 retary shall issue a final rule requiring all new passenger 

13 motor vehicles weighing less than 10,000 pounds gross ve14 hicle weight to be equipped with an alarm system to alert 

15 the operator to check rear designated seating positions 

16 after the vehicle motor or engine is deactivated by the op17 erator. 

18 ‘‘(b) PHASE-IN.—The rule issued pursuant to sub19 section (a) shall require full compliance with the rule be20 ginning on September 1st of the calendar year that begins 

21 2 years after the date on which the final rule is issued. 

22 ‘‘(c) DEFINITIONS.—For purposes of this section— 

23 ‘‘(1) the term ‘passenger motor vehicle’ has the 

24 meaning given that term in section 32101; and 


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1 ‘‘(2) the term ‘rear designated seating position’ 

2 means any designated seating position that is rear3 ward of the front seat.’’. 

4 (b) CLERICAL AMENDMENT.—The analysis for chap5 ter 301 of subtitle VI of title 49, United States Code, is 

6 amended by inserting after the item relating to section 

7 30130 (as added by section 5) the following new item: 

‘‘30131. Rear seat occupant alert system.’’. 

8 SEC. 11. HEADLAMPS. 

9 (a) SAFETY RESEARCH INITIATIVE.—Not later than 

10 2 years after the date of enactment of this Act, the Sec11 retary of Transportation shall complete research into the 

12 development of updated motor vehicle safety standards or 

13 performance requirements for motor vehicle headlamps 

14 that would improve the performance of headlamps and im15 prove overall safety. 

16 (b) RULEMAKING OR REPORT.— 

17 (1) RULEMAKING.—After the completion of the 

18 research required by subsection (a), the Secretary 

19 shall initiate a rulemaking proceeding to revise the 

20 motor vehicle safety standards regarding headlamps 

21 if the Secretary determines that a revision of the 

22 standards meets the requirements and consider23 ations set forth in subsections (a) and (b) of section 

24 30111 of title 49, United States Code. 


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1 (2) REPORT.—If the Secretary determines that 

2 a revision to the standard described in paragraph 

3 (1) does not meet the requirements and consider4 ations set forth in such subsections, the Secretary 

5 shall submit a report describing the reasons for not 

6 revising the standard to the Committee on Energy 

7 and Commerce of the House of Representatives and 

8 the Committee on Commerce, Science, and Trans9 portation of the Senate. 

10 SEC. 12. PRIVACY PLAN REQUIRED FOR HIGHLY AUTO11 MATED VEHICLES. 

12 (a) PRIVACY PLAN.—A manufacturer may not sell, 

13 offer for sale, introduce or deliver for introduction in inter14 state commerce, or import into the United States, any 

15 highly automated vehicle, vehicle that performs partial 

16 driving automation, or automated driving system unless 

17 the manufacturer has developed a privacy plan that in18 cludes the following: 

19 (1) A written privacy plan with respect to the 

20 collection, use, sharing, and storage of information 

21 about vehicle owners or occupants collected by a 

22 highly automated vehicle, vehicle that performs par23 tial driving automation, or automated driving sys24 tem. Such policy shall include the following: 


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1 (A) The practices of the manufacturer with 

2 respect to the way that information about vehi3 cle owners or occupants is collected, used, 

4 shared, or stored. 

5 (B) The practices of the manufacturer 

6 with respect to the choices offered to vehicle 

7 owners or occupants regarding the collection, 

8 use, sharing, and storage of such information. 

9 (C) The practices of the manufacturer with 

10 respect to the data minimization, de-identifica11 tion, and retention of information about vehicle 

12 owners or occupants. 

13 (D) The practices of the manufacturer 

14 with respect to extending its privacy plan to the 

15 entities it shares such information with. 

16 (2) A method for providing notice to vehicle 

17 owners or occupants about the privacy policy. 

18 (3) If information about vehicle owners or occu19 pants is altered or combined so that the information 

20 can no longer reasonably be linked to the highly 

21 automated vehicle, vehicle that performs partial driv22 ing automation, or automated driving system from 

23 which the information is retrieved, the vehicle owner, 

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1 clude the process or practices regarding that infor2 mation in the privacy policy. 

3 (4) If information about an occupant is 

4 anonymized or encrypted the manufacturer is not re5 quired to include the process or practices regarding 

6 that information in the privacy policy. 

7 (b) STUDY.—The Federal Trade Commission shall 

8 conduct a study and submit a report to the Committee 

9 on Energy and Commerce of the House of Representatives 

10 and the Committee on Commerce, Science, and Transpor11 tation of the Senate on the highly automated vehicle mar12 ketplace, including an examination of the following issues: 

13 (1) Which entities in the ecosystem have access 

14 to vehicle owner or occupant data. 

15 (2) Which entities in the highly automated vehi16 cle marketplace have privacy plans. 

17 (3) What are the terms and disclosures made in 

18 such privacy plans, including regarding the collec19 tion, use, sharing, and storage of vehicle owner or 

20 occupant data. 

21 (4) What disclosures are made to consumers 

22 about such privacy plans. 

23 (5) What methods are available to enable dele24 tion of information about vehicle owners or occu25 pants from any data storage system within the vehiVerDate Sep 11 2014 00:45 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H8350.IH H8350

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1 cle (other than a system that is critical to the safety 

2 or operation of the vehicle) before the vehicle is sold, 

3 leased, or rented, or otherwise occupied by a new 

4 owner or occupant. 

5 (c) FEDERAL TRADE COMMISSION ENFORCEMENT.— 

6 A violation of subsection (a) shall be treated as an unfair 

7 or deceptive act or practice within the meaning of section 

8 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 

9 45(a)(1)). The Federal Trade Commission shall enforce 

10 this section in the same manner, by the same means, and 

11 with the same jurisdiction, powers, and duties as though 

12 all applicable terms and provisions of the Federal Trade 

13 Commission Act were incorporated into and made a part 

14 of this Act. 

15 (d) EFFECTIVE DATE.—This section shall take effect 

16 180 days after the date of enactment of this section and 

17 shall only apply to highly automated vehicles, vehicles that 

18 perform partial driving automation, or automated driving 

19 systems first introduced after the effective date of this sec20 tion. 

21 SEC. 13. DEFINITIONS. 

22 (a) AMENDMENTS TO TITLE 49, UNITED STATES

23 CODE.—Section 30102 of title 49, United States Code, 

24 is amended— 

25 (1) in subsection (a)— 


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1 (A) by redesignating paragraphs (1) 

2 through (13) as paragraphs (2), (4), (5), (6), 

3 (9), (10), (11), (12), (13), (14), (16), (17), and 

4 (18), respectively; 

5 (B) by inserting before paragraph (2) (as 

6 so redesignated) the following: 

7 ‘‘(1) ‘automated driving system’ means the 

8 hardware and software that are collectively capable 

9 of performing the entire dynamic driving task on a 

10 sustained basis, regardless of whether such system is 

11 limited to a specific operational design domain.’’; 

12 (C) by inserting before paragraph (3) (as 

13 so redesignated) the following: 

14 ‘‘(3) ‘‘dedicated highly automated vehicle’’ 

15 means a highly automated vehicle designed to be op16 erated exclusively by a Level 4 or 5 automated driv17 ing system (as defined by the SAE International 

18 standard J3016, published on September 30, 2016, 

19 or subsequently adopted by the Secretary) for all 

20 trips.’’; 

21 (D) by inserting after paragraph (5) (as so 

22 redesignated) the following: 

23 ‘‘(7) ‘dynamic driving task’ means all of the 

24 real time operational and tactical functions required 

25 to operate a vehicle in on-road traffic, excluding the 


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1 strategic functions such as trip scheduling and selec2 tion of destinations and waypoints, and including— 

3 ‘‘(A) lateral vehicle motion control via 

4 steering; 

5 ‘‘(B) longitudinal vehicle motion control 

6 via acceleration and deceleration; 

7 ‘‘(C) monitoring the driving environment 

8 via object and event detection, recognition, clas9 sification, and response preparation; 

10 ‘‘(D) object and event response execution; 

11 ‘‘(E) maneuver planning; and 

12 ‘‘(F) enhancing conspicuity via lighting, 

13 signaling, and gesturing; and 

14 ‘‘(8) ‘highly automated vehicle’— 

15 ‘‘(A) means a motor vehicle equipped with 

16 an automated driving system; and 

17 ‘‘(B) does not include a commercial motor 

18 vehicle (as defined in section 31101).’’; 

19 (E) by inserting after paragraph (13) (as 

20 so redesignated) the following: 

21 ‘‘(15) ‘operational design domain’ means the 

22 specific conditions under which a given driving auto23 mation system or feature thereof is designed to func24 tion.’’; and 

25 (F) by adding at the end the following: 


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1 ‘‘(19) ‘vehicle that performs partial driving au2 tomation’ does not include a commercial motor vehi3 cle (as defined in section 31101).’’; and 

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

5 ‘‘(c) REVISIONS TO CERTAIN DEFINITIONS.— 

6 ‘‘(1) If SAE International (or its successor or7 ganization) revises the definition of any of the terms 

8 defined in paragraph (1), (6), or (14) of subsection 

9 (a) in Recommended Practice Report J3016, it shall 

10 notify the Secretary of the revision. The Secretary 

11 shall publish a notice in the Federal Register to in12 form the public of the new definition unless, within 

13 90 days after receiving notice of the new definition 

14 and after opening a period for public comment on 

15 the new definition, the Secretary notifies SAE Inter16 national (or its successor organization) that the Sec17 retary has determined that the new definition does 

18 not meet the need for motor vehicle safety, or is oth19 erwise inconsistent with the purposes of this chapter. 

20 If the Secretary so notifies SAE International (or its 

21 successor organization), the existing definition in 

22 subsection (a) shall remain in effect. 

23 ‘‘(2) If the Secretary does not reject a defini24 tion revised by SAE International (or its successor 

25 organization) as described in paragraph (1), the SecVerDate Sep 11 2014 00:45 Oct 09, 2020 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H8350.IH H8350

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1 retary shall promptly make any conforming amend2 ments to the regulations and standards of the Sec3 retary that are necessary. The revised definition 

4 shall apply for purposes of this chapter. The require5 ments of section 553 of title 5 shall not apply to the 

6 making of any such conforming amendments. 

7 ‘‘(3) Pursuant to section 553 of title 5, the Sec8 retary may update any of the definitions in para9 graph (1), (6), or (14) of subsection (a) if the Sec10 retary determines that materially changed cir11 cumstances regarding highly automated vehicles 

12 have impacted motor vehicle safety such that the 

13 definitions need to be updated to reflect such cir14 cumstances.’’. 

15 (b) DEFINITIONS IN THIS ACT.—As used in this 

16 Act— 

17 (1) the term ‘‘automated driving system’’ has 

18 the meaning given such term in subsection (a) of 

19 section 30102 of title 49, United States Code, sub20 ject to any revisions made to the definition of such 

21 term pursuant to subsection (c) of such section; 

22 (2) the term ‘‘highly automated vehicle’’ has the 

23 meaning given such term in subsection (a) of section 

24 30102 of title 49, United States Code, not subject 


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1 to any revision under subsection (c) of such section; 

2 and 

3 (3) the term ‘‘vehicle that performs partial driv4 ing automation’’ has the meaning given such term in 

5 subsection (a) of section 30102 of title 49, United 

6 States Code, not subject to any revision under sub7 section (c) of such section. 

Æ 


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