IIB 
115TH CONGRESS 
1ST SESSION H. R. 3388 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 7, 2017 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend title 49, United States Code, regarding the author-
ity of the National Highway Traffic Safety Administra-
tion over highly automated vehicles, to provide safety 
measures for such vehicles, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Safely Ensuring Lives Future Deployment and Research 
In Vehicle Evolution Act’’ or the ‘‘SELF DRIVE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Purpose. 
Sec. 3. NHTSA authority and State preemption for autonomous motor vehicles. 
Sec. 4. Updated or new motor vehicle safety standards for highly automated ve-
hicles. 
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 pro-
spective buyers. 
Sec. 9. Highly Automated Vehicle Advisory Council. 
Sec. 10. Rear seat occupant alert system. 
Sec. 11. Headlamps. 
Sec. 12. Privacy plan required for highly automated vehicles. 
Sec. 13. Definitions. 
SEC. 2. PURPOSE. 
The purpose of this Act is to memorialize the Federal 
role in ensuring the safety of highly automated vehicles 
as it relates to design, construction, and performance, by 
encouraging the testing and deployment of such vehicles. 
SEC. 3. NHTSA AUTHORITY AND STATE PREEMPTION FOR 
AUTONOMOUS MOTOR VEHICLES. 
Section 30103 of title 49, United States Code, is 
amended— 
(1) by amending subsection (b) to read as fol-
lows: 
‘‘(b) PREEMPTION.— 
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‘‘(1) 
HIGHLY
AUTOMATED
VEHICLES.—No 
State or political subdivision of a State may main-
tain, enforce, prescribe, or continue in effect any law 
or regulation regarding the design, construction, or 
performance of highly automated vehicles, auto-
mated driving systems, or components of automated 
driving systems unless such law or regulation is 
identical to a standard prescribed under this chap-
ter. 
‘‘(2) MOTOR
VEHICLE
STANDARD.—When a 
motor vehicle safety standard is in effect under this 
chapter, a State or political subdivision of a State 
may prescribe or continue in effect a standard appli-
cable to the same aspect of performance of a motor 
vehicle or motor vehicle equipment only if the stand-
ard is identical to the standard prescribed under this 
chapter. 
‘‘(3) RULES OF CONSTRUCTION.— 
‘‘(A) IN GENERAL.—Nothing in this sub-
section may be construed to prohibit a State or 
a political subdivision of a State from maintain-
ing, enforcing, prescribing, or continuing in ef-
fect any law or regulation regarding registra-
tion, licensing, driving education and training, 
insurance, law enforcement, crash investiga-
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tions, safety and emissions inspections, conges-
tion management of vehicles on the street with-
in a State or political subdivision of a State, or 
traffic unless the law or regulation is an unrea-
sonable restriction on the design, construction, 
or performance of highly automated vehicles, 
automated driving systems, or components of 
automated driving systems. 
‘‘(B) MOTOR VEHICLE DEALERS.—Nothing 
in this subsection may be construed to prohibit 
a State or political subdivision of a State from 
maintaining, enforcing, prescribing, or con-
tinuing in effect any law or regulation regard-
ing the sale, distribution, repair, or service of 
highly automated vehicles, automated driving 
systems, or components of automated driving 
systems by a dealer, manufacturer, or dis-
tributor. 
‘‘(C) CONFORMITY WITH FEDERAL LAW.— 
Nothing in this subsection shall be construed to 
preempt, restrict, or limit a State or political 
subdivision of a State from acting in accordance 
with any other Federal law. 
‘‘(4) HIGHER PERFORMANCE REQUIREMENT.— 
However, the United States Government, a State, or 
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a political subdivision of a State may prescribe a 
standard for a motor vehicle, motor vehicle equip-
ment, highly automated vehicle, or automated driv-
ing system obtained for its own use that imposes a 
higher performance requirement than that required 
by the otherwise applicable standard under this 
chapter. 
‘‘(5) STATE ENFORCEMENT.—A State may en-
force a standard that is identical to a standard pre-
scribed under this chapter.’’; and 
(2) by amending subsection (e) to read as fol-
lows: 
‘‘(e) COMMON LAW LIABILITY.— 
‘‘(1) IN GENERAL.—Compliance with a motor 
vehicle safety standard prescribed under this chapter 
does not exempt a person from liability at common 
law. 
‘‘(2) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to preempt common 
law claims.’’. 
SEC. 4. UPDATED OR NEW MOTOR VEHICLE SAFETY STAND-
ARDS FOR HIGHLY AUTOMATED VEHICLES. 
(a) IN GENERAL.—Chapter 301 of subtitle VI of title 
49, United States Code, is amended by inserting after sec-
tion 30128 the following new section: 
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‘‘§ 30129. Updated or new motor vehicle safety stand-
ards for highly automated vehicles 
‘‘(a) SAFETY ASSESSMENT CERTIFICATION.— 
‘‘(1) FINAL RULE.—Not later than 24 months 
after the date of the enactment of this section, the 
Secretary of Transportation shall issue a final rule 
requiring the submission of safety assessment certifi-
cations regarding how safety is being addressed by 
each entity developing a highly automated vehicle or 
an automated driving system. Such rule shall in-
clude— 
‘‘(A) a specification of which entities are 
required to submit such certifications; 
‘‘(B) a clear description of the relevant test 
results, data, and other contents required to be 
submitted by such entity, in order to dem-
onstrate that such entity’s vehicles are likely to 
maintain safety, and function as intended and 
contain fail safe features, to be included in such 
certifications; and 
‘‘(C) a specification of the circumstances 
under which such certifications are required to 
be updated or resubmitted. 
‘‘(2) INTERIM REQUIREMENT.—Until the final 
rule issued under paragraph (1) takes effect, safety 
assessment letters shall be submitted to the National 
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Highway Traffic Safety Administration as con-
templated by the Federal Automated Vehicles Policy 
issued in September 2016, or any successor guid-
ance issued on highly automated vehicles requiring a 
safety assessment letter. 
‘‘(3) PERIODIC REVIEW AND UPDATING.—Not 
later than 5 years after the date on which the final 
rule is issued under paragraph (1), and not less fre-
quently than every 5 years thereafter, the Secretary 
shall— 
‘‘(A) review such rule; and 
‘‘(B) update such rule if the Secretary con-
siders it necessary. 
‘‘(4) RULES OF CONSTRUCTION.— 
‘‘(A) NO CONDITIONS ON DEPLOYMENT.— 
Nothing in this subsection may be construed to 
limit or affect the Secretary’s authority under 
any other provision of law. The Secretary may 
not condition deployment or testing of highly 
automated vehicles on review of safety assess-
ment certifications. 
‘‘(B) NO NEW AUTHORITIES.—No new au-
thorities are granted to the Secretary under 
this section other than the promulgation of the 
rule pursuant to paragraph (1). 
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‘‘(5) REVIEW AND RESEARCH.—To accommo-
date the development and deployment of highly auto-
mated vehicles and to ensure the safety and security 
of highly automated vehicles and motor vehicles and 
others that will share the roads with highly auto-
mated vehicles, not later than 180 days after the 
date of the enactment of this section, the Secretary 
shall— 
‘‘(A) initiate or continue a review of the 
Federal motor vehicle safety standards in effect 
on such date of enactment; and 
‘‘(B) initiate or continue research regard-
ing new Federal motor vehicle safety standards. 
‘‘(b) RULEMAKING AND SAFETY PRIORITY PLAN.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Secretary 
shall make available to the public and submit to the 
Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, 
Science, and Transportation of the Senate a rule-
making and safety priority plan, as necessary to ac-
commodate the development and deployment of high-
ly automated vehicles and to ensure the safety and 
security of highly automated vehicles and motor ve-
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hicles and others that will share the roads with high-
ly automated vehicles, to— 
‘‘(A) update the motor vehicle safety 
standards in effect on such date of enactment; 
‘‘(B) issue new motor vehicle safety stand-
ards; and 
‘‘(C) consider how objective ranges in per-
formance standards could be used to test motor 
vehicle safety standards, which safety standards 
would be appropriate for such testing, and 
whether additional authority would facilitate 
such testing. 
‘‘(2) INCLUSION OF PRIORITIES.— 
‘‘(A) PRIORITIES.—The plan required by 
paragraph (1) shall detail the overall priorities 
of the National Highway Traffic Safety Admin-
istration for the 5 years following the issuance 
of the plan, including both priorities with re-
spect to highly automated vehicles and priorities 
with respect to other safety initiatives of the 
Administration, in order to meet the Nation’s 
motor vehicle safety challenges. 
‘‘(B) IDENTIFICATION OF ELEMENTS THAT 
MAY REQUIRE STANDARDS.—For highly auto-
mated vehicles, the National Highway Traffic 
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Safety Administration should identify elements 
that may require performance standards includ-
ing human machine interface, sensors, and ac-
tuators, and consider process and procedure 
standards for software and cybersecurity as 
necessary. 
‘‘(3) PERIODIC UPDATING.—The plan required 
by paragraph (1) shall be updated every 2 years, or 
more frequently if the Secretary considers it nec-
essary. 
‘‘(4) RULEMAKING PROCEEDINGS ON UPDATED 
OR NEW MOTOR VEHICLE SAFETY STANDARDS.— 
‘‘(A) IN
GENERAL.—Not later than 18 
months after the date of enactment of this sec-
tion, the Secretary shall initiate the first rule-
making proceeding in accordance with the rule-
making and safety priority plan required by 
paragraph (1). 
‘‘(B) PRIORITIZATION
OF
SUBSEQUENT 
PROCEEDINGS.—The Secretary shall continue 
initiating rulemaking proceedings in accordance 
with such plan. The Secretary may change at 
any time those priorities to address matters the 
Secretary considers of greater priority. If the 
Secretary makes such a change, the Secretary 
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shall complete an interim update of the priority 
plan, make such update available to the public, 
and submit such update to the Committee on 
Energy and Commerce of the House of Rep-
resentatives and the Committee on Commerce, 
Science, and Transportation of the Senate.’’. 
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 301 of subtitle VI of title 49, United States Code, is 
amended by inserting after the item relating to section 
30128 the following new item: 
‘‘30129. Updated or new motor vehicle safety standards for highly auto-
mated vehicles.’’. 
SEC. 5. CYBERSECURITY OF AUTOMATED DRIVING SYS-
TEMS. 
(a) IN GENERAL.—Chapter 301 of subtitle VI of title 
49, United States Code, is amended by inserting after sec-
tion 30129 (as added by section 4) the following new sec-
tion: 
‘‘§ 30130. Cybersecurity of automated driving systems 
‘‘(a) CYBERSECURITY PLAN.—A manufacturer may 
not sell, offer for sale, introduce or deliver for introduction 
into commerce, or import into the United States, any high-
ly automated vehicle, vehicle that performs partial driving 
automation, or automated driving system unless such 
manufacturer has developed a cybersecurity plan that in-
cludes the following: 
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‘‘(1) A written cybersecurity policy with respect 
to the practices of the manufacturer for detecting 
and responding to cyber attacks, unauthorized intru-
sions, and false and spurious messages or vehicle 
control commands. This policy shall include— 
‘‘(A) a process for identifying, assessing, 
and 
mitigating 
reasonably 
foreseeable 
vulnerabilities from cyber attacks or unauthor-
ized intrusions, including false and spurious 
messages and malicious vehicle control com-
mands; and 
‘‘(B) a process for taking preventive and 
corrective 
action 
to 
mitigate 
against 
vulnerabilities in a highly automated vehicle or 
a vehicle that performs partial driving automa-
tion, including incident response plans, intru-
sion detection and prevention systems that safe-
guard key controls, systems, and procedures 
through testing or monitoring, and updates to 
such process based on changed circumstances. 
‘‘(2) The identification of an officer or other in-
dividual of the manufacturer as the point of contact 
with responsibility for the management of cybersecu-
rity. 
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‘‘(3) A process for limiting access to automated 
driving systems. 
‘‘(4) A process for employee training and super-
vision for implementation and maintenance of the 
policies and procedures required by this section, in-
cluding controls on employee access to automated 
driving systems. 
‘‘(b) EFFECTIVE DATE.—This section shall take ef-
fect 180 days after the date of enactment of this section.’’. 
(b) 
ENFORCEMENT
AUTHORITY.—Section 
30165(a)(1) of title 49, United States Code, is amended 
by inserting ‘‘30130,’’ after ‘‘30127,’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 301 of subtitle VI of title 49, United States Code, is 
amended by inserting after the item relating to section 
30129 (as added by section 4) the following new item: 
‘‘30130. Cybersecurity of automated driving systems.’’. 
SEC. 6. GENERAL EXEMPTIONS. 
Section 30113 of title 49, United States Code, is 
amended— 
(1) in subsection (b)(3)(B)— 
(A) in clause (iii), by striking ‘‘; or’’ and 
inserting a semicolon; 
(B) in clause (iv), by striking the period at 
the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following: 
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mines the exemption is for not more than 100,000 
vehicles per manufacturer to be sold, leased, or oth-
erwise introduced into commerce in the United 
States in any 12-month period. 
‘‘(4) LIMITATION
ON
NUMBER
OF
VEHICLES 
EXEMPTED.—All exemptions granted to a manufac-
turer under subsections (b)(3)(B)(i) through (v) 
shall not exceed a total of (i) 25,000 vehicles manu-
factured within the first 12-month period, (ii) 
50,000 vehicles manufactured within the second 12- 
month period, (iii) 100,000 vehicles manufactured 
within the third 12-month period, and, (iv) 100,000 
vehicles manufactured within the fourth 12-month 
period. Any renewals under subsections (b)(3)(B)(i) 
through (v) shall not exceed a total of 100,000 vehi-
cles manufactured within a 12-month period.’’; 
(4) in subsection (e), by striking ‘‘An exemption 
or renewal’’ and all that follows and inserting the 
following: 
‘‘(1) 
EXEMPTION
UNDER
SUBSECTION 
(b)(3)(B)(i).—An exemption or renewal under sub-
section (b)(3)(B)(i) of this section may be granted 
for not more than 3 years. 
‘‘(2) 
EXEMPTION
UNDER
SUBSECTION 
(b)(3)(B)(iii).—An exemption or renewal under sub-
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section (b)(3)(B)(iii) this section may be granted for 
not more than 2 years. 
‘‘(3) 
EXEMPTION
UNDER
SUBSECTION 
(b)(3)(B)(ii), (iv), or (v).—An exemption or renewal 
under subsection (b)(3)(B)(ii), (iv), or (v) of this 
section may be granted for not more than 4 years.’’; 
and 
(5) by adding at the end the following: 
‘‘(i) LIMITATION ON CERTAIN EXEMPTIONS.—No ex-
emption from crashworthiness standards of motor vehicle 
safety standards shall be granted under subsection 
(b)(3)(B)(v) until the Secretary issues the safety assess-
ment certification rule pursuant to section 30129(a) and 
the rulemaking and safety priority plan pursuant to sec-
tion 30129(b) and one year has passed from the date by 
which the Secretary has issued both such rule and such 
plan. This subsection shall not apply to exemptions from 
occupant protection standards if the exemption is for a 
vehicle that will not carry its operator or passengers. This 
subsection shall not apply to exemptions from crash-
worthiness standards if the exemption sought is for a 
standard addressing the steering control system and it is 
for a vehicle that— 
‘‘(1) will not have a steering control system; 
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‘‘(2) provides impact protection to an occupant 
in the front left seat at a level at least equal to the 
level provided in nonexempt vehicles; and 
‘‘(3) provides a safety level at least equal to the 
safety level of the standard for which the exemption 
is sought. 
‘‘(j) REPORTING REQUIREMENT.—A manufacturer 
granted an exemption under subsection (b)(3)(B)(ii), (iv), 
or (v), shall provide information about all crashes of which 
it has actual knowledge involving such exempted vehicles, 
regardless of whether a claim is submitted to the manufac-
turer, in accordance with part 579 of title 49, Code of 
Federal Regulations. 
‘‘(k) PROCESS AND ANALYSIS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this subsection, the 
Secretary of Transportation shall publish in the 
Federal Register a notice that details the process 
and analysis used for the consideration of exemption 
or 
renewal 
applications 
under 
subsection 
(b)(3)(B)(v). 
‘‘(2) PERIODIC REVIEW AND UPDATING.—The 
notice required by paragraph (1) shall be reviewed 
every 5 years and updated if the Secretary considers 
it necessary. 
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‘‘(l) EXEMPTION DATABASE.— 
‘‘(1) IN GENERAL.—The Secretary shall estab-
lish a publicly available and searchable electronic 
database of each motor vehicle for which an exemp-
tion from motor vehicle safety standards prescribed 
under this chapter or a bumper standard prescribed 
under chapter 325 has been granted. 
‘‘(2) VEHICLE IDENTIFICATION NUMBER.—The 
database established under paragraph (1) shall be 
searchable by Vehicle Identification Number and 
shall include no information identifying the vehicle 
owner.’’. 
SEC. 7. MOTOR VEHICLE TESTING OR EVALUATION. 
Section 30112(b)(10) of title 49, United States Code, 
is amended— 
(1) by striking ‘‘that prior to the date of enact-
ment of this paragraph’’; 
(2) in subparagraph (A), by striking ‘‘motor ve-
hicles into the United States that are certified’’ and 
inserting ‘‘into the United States motor vehicles that 
are certified, or motor vehicle equipment utilized in 
a motor vehicle that is certified,’’; 
(3) in subparagraph (C), by striking the period 
at the end and inserting ‘‘; or’’; 
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(4) by redesignating subparagraphs (A) through 
(C) as clauses (i) through (iii), respectively, and 
moving their margins 2 ems to the right; 
(5) by striking ‘‘evaluation by a manufacturer 
that agrees not to sell or offer for sale’’ and insert-
ing the following: ‘‘evaluation by— 
‘‘(A) a manufacturer that agrees not to sell 
or lease or offer for sale or lease’’; and 
(6) by adding at the end the following: 
‘‘(B) a manufacturer of highly automated 
vehicles, automated driving systems, or compo-
nents of automated driving systems that agrees 
not to sell or lease or offer for sale or lease the 
highly automated vehicles, automated driving 
systems, or components of automated driving 
systems at the conclusion of the testing or eval-
uation and— 
‘‘(i) has submitted to the Secretary— 
‘‘(I) the name of the individual, 
partnership, corporation, or institu-
tion of higher education and a point 
of contact; 
‘‘(II) the residence address of the 
individual, partnership, corporation, 
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or institution of higher education and 
State of incorporation if applicable; 
‘‘(III) a description of each type 
of motor vehicle used during develop-
ment of highly automated vehicles, 
automated driving systems, or compo-
nents of automated driving systems 
manufactured by the individual, part-
nership, corporation, or institution of 
higher education; and 
‘‘(IV) proof of insurance for any 
State in which the individual, partner-
ship, corporation, or institution of 
higher education intends to test or 
evaluate highly automated vehicles; 
and 
‘‘(ii) if applicable, has identified an 
agent for service of process in accordance 
with part 551 of title 49, Code of Federal 
Regulations.’’. 
SEC. 8. INFORMATION ON HIGHLY AUTOMATED DRIVING 
SYSTEMS MADE AVAILABLE TO PROSPECTIVE 
BUYERS. 
(a) RESEARCH.—Not later than 3 years after the 
date of enactment of this Act, the Secretary of Transpor-
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