115TH CONGRESS 
1ST SESSION H. R. 3388 
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,
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.—
‘‘(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-
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
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:
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).
‘‘(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-
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
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
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:
‘‘(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.
‘‘(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:
‘‘(v) the exemption would make easier the devel-
opment or field evaluation of— 
‘‘(I) a feature of a highly automated vehi-
cle providing a safety level at least equal to the 
safety level of the standard for which exemption 
is sought; or 
‘‘(II) a highly automated vehicle providing 
an overall safety level at least equal to the over-
all safety level of nonexempt vehicles.’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(5) if the application is made under subsection 
(b)(3)(B)(v) of this section— 
‘‘(A) such development, testing, and other 
data necessary to demonstrate that the motor 
vehicle is a highly automated vehicle; and 
‘‘(B) a detailed analysis that includes sup-
porting test data, including both on-road and 
validation and testing data showing (as applica-
ble) that— 
‘‘(i) the safety level of the feature at 
least equals the safety level of the standard 
for which exemption is sought; or
‘‘(ii) the vehicle provides an overall 
safety level at least equal to the overall 
safety level of nonexempt vehicles.’’; 
(3) in subsection (d), by striking ‘‘A manufac-
turer is eligible’’ and all that follows and inserting 
the following: 
‘‘(1) 
ELIGIBILITY
UNDER
SUBSECTION 
(b)(3)(B)(i).—A manufacturer is eligible for an ex-
emption under subsection (b)(3)(B)(i) of this section 
(including 
an 
exemption 
under 
subsection 
(b)(3)(B)(i) relating to a bumper standard referred 
to in subsection (b)(1)) only if the Secretary deter-
mines that the manufacturer’s total motor vehicle 
production in the most recent year of production is 
not more than 10,000. 
‘‘(2) 
ELIGIBILITY
UNDER
SUBSECTION 
(b)(3)(B)(iii).—A manufacturer is eligible for an ex-
emption under subsection (b)(3)(B)(iii) of this sec-
tion only if the Secretary determines the exemption 
is for not more than 2,500 vehicles to be sold in the 
United States in any 12-month period. 
‘‘(3) 
ELIGIBILITY
UNDER
SUBSECTION 
(b)(3)(B)(ii), (iv), or (v).—A manufacturer is eligi-
ble for an exemption under subsection (b)(3)(B)(ii), 
(iv), or (v) of this section only if the Secretary deter-
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-
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;
‘‘(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.
(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,
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-
tation shall complete research to determine the most effec-
tive method and terminology for informing consumers for 
each highly automated vehicle or a vehicle that performs 
partial driving automation about the capabilities and limi-
tations of that vehicle. The Secretary shall determine 
whether such information is based upon or includes the 
terminology as defined by SAE International in Rec-
ommended Practice Report J3016 (published September 
2016) or whether such description should include alter-
native terminology. 
(b) RULEMAKING.—After the completion of the study 
required under subsection (a), the Secretary shall initiate 
a rulemaking proceeding to require manufacturers to in-
form consumers of the capabilities and limitations of a ve-
hicle’s driving automation system or feature for any highly 
automated vehicle or any vehicle that performs partial 
driving automation. 
SEC. 9. HIGHLY AUTOMATED VEHICLE ADVISORY COUNCIL. 
(a) ESTABLISHMENT.—Subject to the availability of 
appropriations, not later than 6 months after the date of 
enactment of this Act, the Secretary of Transportation 
shall establish in the National Highway Traffic Safety Ad-
ministration a Highly Automated Vehicle Advisory Council 
(hereinafter referred to as the ‘‘Council’’).
(b) MEMBERSHIP.—Members of the Council shall in-
clude a diverse group representative of business, academia 
and independent researchers, State and local authorities, 
safety and consumer advocates, engineers, labor organiza-
tions, environmental experts, a representative of the Na-
tional Highway Traffic Safety Administration, and other 
members determined to be appropriate by the Secretary. 
Any subcommittee of the Council shall be composed of not 
less than 15 and not more than 30 members appointed 
by the Secretary. 
(c) TERMS.—Members of the Council shall be ap-
pointed by the Secretary of Transportation and shall serve 
for a term of three years. 
(d) VACANCIES.—Any vacancy occurring in the mem-
bership of the Council shall be filled in the same manner 
as the original appointment for the position being vacated. 
The vacancy shall not affect the power of the remaining 
members to execute the duties of the Council. 
(e) DUTIES
AND SUBCOMMITTEES.—The Council 
may form subcommittees as needed to undertake informa-
tion gathering activities, develop technical advice, and 
present best practices or recommendations to the Sec-
retary regarding— 
(1) advancing mobility access for the disabled 
community with respect to the deployment of auto-
mated driving systems to identify impediments to 
their use and ensure an awareness of the needs of 
the disabled community as these vehicles are being 
designed for distribution in commerce; 
(2) mobility access for senior citizens and popu-
lations underserved by traditional public transpor-
tation services and educational outreach efforts with 
respect to the testing and distribution of highly 
automated vehicles in commerce; 
(3) cybersecurity for the testing, deployment, 
and updating of automated driving systems with re-
spect to supply chain risk management, interactions 
with Information Sharing and Analysis Centers and 
Information Sharing and Analysis Organizations, 
and a framework for identifying and implementing 
recalls of motor vehicles or motor vehicle equipment; 
(4) the development of a framework that allows 
manufacturers of highly automated vehicles to share 
with each other and the National Highway Traffic 
Safety Administration relevant, situational informa-
tion related to any testing or deployment event on 
public streets resulting or that reasonably could have 
resulted in damage to the vehicle or any occupant 
thereof and validation of such vehicles in a manner 
that does not risk public disclosure of such informa-
tion or disclosure of confidential business informa-
tion; 
(5) labor and employment issues that may be 
affected by the deployment of highly automated vehi-
cles; 
(6) the environmental impacts of the deploy-
ment of highly automated vehicles, and the develop-
ment and deployment of alternative fuel infrastruc-
ture alongside the development and deployment of 
highly automated vehicles; 
(7) protection of consumer privacy and security 
of information collected by highly automated vehi-
cles; 
(8) cabin safety for highly automated vehicle 
passengers, and how automated driving systems may 
impact collision vectors, overall crashworthiness, and 
the use and placement of airbags, seatbelts, anchor 
belts, head restraints, and other protective features 
in the cabin; 
(9) the testing and deployment of highly auto-
mated vehicles and automated driving systems in 
areas that are rural, remote, mountainous, insular, 
or unmapped to evaluate operational limitations 
caused by natural geographical or man-made fea-
tures, or adverse weather conditions, and to enhance
the safety and reliability of highly automated vehi-
cles and automated driving systems used in such 
areas with such features or conditions; and 
(10) independent verification and validation 
procedures for highly automated vehicles that may 
be useful to safeguard motor vehicle safety. 
(f) REPORT TO CONGRESS.—The recommendations 
of the Council shall also be reported to the Committee on 
Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate. 
(g) FEDERAL ADVISORY COMMITTEE ACT.—The es-
tablishment and operation of the Council and any sub-
committees of the Council shall conform to the require-
ments of the Federal Advisory Committee Act (5 U.S.C. 
App.). 
(h) TECHNICAL ASSISTANCE.—On request of the 
Council, the Secretary shall provide such technical assist-
ance to the Council as the Secretary determines to be nec-
essary to carry out the Council’s duties. 
(i) DETAIL OF FEDERAL EMPLOYEES.—On the re-
quest of the Council, the Secretary may detail, with or 
without reimbursement, any of the personnel of the De-
partment of Transportation to the Council to assist the 
Council in carrying out its duties. Any detail shall not in-
terrupt or otherwise affect the civil service status or privi-
leges of the Federal employee. 
(j) PAYMENT
AND EXPENSES.—Members of the 
Council shall serve without pay, except travel and per diem 
will be paid each member for meetings called by the Sec-
retary. 
(k) TERMINATION.—The Council and any sub-
committees of the Council shall terminate 6 years after 
the date of enactment of this Act. 
SEC. 10. REAR SEAT OCCUPANT ALERT SYSTEM. 
(a) IN GENERAL.—Chapter 301 of subtitle VI of title 
49, United States Code, is amended by inserting after sec-
tion 30130 (as added by section 5) the following new sec-
tion: 
‘‘§ 30131. Rear seat occupant alert system 
‘‘(a) RULEMAKING REQUIRED.—Not later than 2 
years after the date of enactment of this section, the Sec-
retary shall issue a final rule requiring all new passenger 
motor vehicles weighing less than 10,000 pounds gross ve-
hicle weight to be equipped with an alarm system to alert 
the operator to check rear designated seating positions 
after the vehicle motor or engine is deactivated by the op-
erator. 
‘‘(b) PHASE-IN.—The rule issued pursuant to sub-
section (a) shall require full compliance with the rule be-
ginning on September 1st of the calendar year that begins 
2 years after the date on which the final rule is issued. 
‘‘(c) DEFINITIONS.—For purposes of this section— 
‘‘(1) the term ‘passenger motor vehicle’ has the 
meaning given that term in section 32101; and 
‘‘(2) the term ‘rear designated seating position’ 
means any designated seating position that is rear-
ward of the front seat.’’. 
(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 
30130 (as added by section 5) the following new item: 
‘‘30131. Rear seat occupant alert system.’’. 
SEC. 11. HEADLAMPS. 
(a) SAFETY RESEARCH INITIATIVE.—Not later than 
2 years after the date of enactment of this Act, the Sec-
retary of Transportation shall complete research into the 
development of updated motor vehicle safety standards or 
performance requirements for motor vehicle headlamps 
that would improve the performance of headlamps and im-
prove overall safety. 
(b) RULEMAKING OR REPORT.— 
(1) RULEMAKING.—After the completion of the 
research required by subsection (a), the Secretary 
shall initiate a rulemaking proceeding to revise the 
motor vehicle safety standards regarding headlamps
if the Secretary determines that a revision of the 
standards meets the requirements and consider-
ations set forth in subsections (a) and (b) of section 
30111 of title 49, United States Code. 
(2) REPORT.—If the Secretary determines that 
a revision to the standard described in paragraph 
(1) does not meet the requirements and consider-
ations set forth in such subsections, the Secretary 
shall submit a report describing the reasons for not 
revising the standard to the Committee on Energy 
and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Trans-
portation of the Senate. 
SEC. 12. PRIVACY PLAN REQUIRED FOR HIGHLY AUTO-
MATED VEHICLES. 
(a) PRIVACY PLAN.—A manufacturer may not sell, 
offer for sale, introduce or deliver for introduction in inter-
state commerce, or import into the United States, any 
highly automated vehicle, vehicle that performs partial 
driving automation, or automated driving system unless 
the manufacturer has developed a privacy plan that in-
cludes the following: 
(1) A written privacy plan with respect to the 
collection, use, sharing, and storage of information 
about vehicle owners or occupants collected by a
highly automated vehicle, vehicle that performs par-
tial driving automation, or automated driving sys-
tem. Such policy shall include the following: 
(A) The practices of the manufacturer with 
respect to the way that information about vehi-
cle owners or occupants is collected, used, 
shared, or stored. 
(B) The practices of the manufacturer 
with respect to the choices offered to vehicle 
owners or occupants regarding the collection, 
use, sharing, and storage of such information. 
(C) The practices of the manufacturer with 
respect to the data minimization, de-identifica-
tion, and retention of information about vehicle 
owners or occupants. 
(D) The practices of the manufacturer 
with respect to extending its privacy plan to the 
entities it shares such information with. 
(2) A method for providing notice to vehicle 
owners or occupants about the privacy policy. 
(3) If information about vehicle owners or occu-
pants is altered or combined so that the information 
can no longer reasonably be linked to the highly 
automated vehicle, vehicle that performs partial driv-
ing automation, or automated driving system from
which the information is retrieved, the vehicle owner, 
or occupants, the manufacturer is not required to in-
clude the process or practices regarding that infor-
mation in the privacy policy. 
(4) If information about an occupant is 
anonymized or encrypted the manufacturer is not re-
quired to include the process or practices regarding 
that information in the privacy policy. 
(b) STUDY.—The Federal Trade Commission shall 
conduct a study and submit a report to the Committee 
on Energy and Commerce of the House of Representatives 
and the Committee on Commerce, Science, and Transpor-
tation of the Senate on the highly automated vehicle mar-
ketplace, including an examination of the following issues: 
(1) Which entities in the ecosystem have access 
to vehicle owner or occupant data. 
(2) Which entities in the highly automated vehi-
cle marketplace have privacy plans. 
(3) What are the terms and disclosures made in 
such privacy plans, including regarding the collec-
tion, use, sharing, and storage of vehicle owner or 
occupant data. 
(4) What disclosures are made to consumers 
about such privacy plans.
(5) What methods are available to enable dele-
tion of information about vehicle owners or occu-
pants from any data storage system within the vehi-
cle (other than a system that is critical to the safety 
or operation of the vehicle) before the vehicle is sold, 
leased, or rented, or otherwise occupied by a new 
owner or occupant. 
(c) FEDERAL TRADE COMMISSION ENFORCEMENT.— 
A violation of subsection (a) shall be treated as a an unfair 
or deceptive act or practice within the meaning of section 
5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 
45(a)(1)). The Federal Trade Commission shall enforce 
this section in the same manner, by the same means, and 
with the same jurisdiction, powers, and duties as though 
all applicable terms and provisions of the Federal Trade 
Commission Act were incorporated into and made a part 
of this Act. 
(d) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of enactment of this section and 
shall only apply to highly automated vehicles, vehicles that 
perform partial driving automation, or automated driving 
systems first introduced after the effective date of this sec-
tion.
SEC. 13. DEFINITIONS. 
(a) AMENDMENTS TO TITLE 49, UNITED STATES 
CODE.—Section 30102 of title 49, United States Code, 
is amended— 
(1) in subsection (a)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (13) as paragraphs (2), (3), (4), (5), 
(8), (9), (10), (11), (12), (13), (15), (16), and 
(17), respectively; 
(B) by inserting before paragraph (2) (as 
so redesignated) the following: 
‘‘(1) ‘automated driving system’ means the 
hardware and software that are collectively capable 
of performing the entire dynamic driving task on a 
sustained basis, regardless of whether such system is 
limited to a specific operational design domain.’’; 
(C) by inserting after paragraph (5) (as so 
redesignated) the following: 
‘‘(6) ‘dynamic driving task’ means all of the 
real time operational and tactical functions required 
to operate a vehicle in on-road traffic, excluding the 
strategic functions such as trip scheduling and selec-
tion of destinations and waypoints, and including— 
‘‘(A) lateral vehicle motion control via 
steering;
‘‘(B) longitudinal vehicle motion control 
via acceleration and deceleration; 
‘‘(C) monitoring the driving environment 
via object and event detection, recognition, clas-
sification, and response preparation; 
‘‘(D) object and event response execution; 
‘‘(E) maneuver planning; and 
‘‘(F) enhancing conspicuity via lighting, 
signaling, and gesturing. 
‘‘(7) ‘highly automated vehicle’— 
‘‘(A) means a motor vehicle equipped with 
an automated driving system; and 
‘‘(B) does not include a commercial motor 
vehicle (as defined in section 31101).’’; 
(D) by inserting after paragraph (13) (as 
so redesignated) the following: 
‘‘(14) ‘operational design domain’ means the 
specific conditions under which a given driving auto-
mation system or feature thereof is designed to func-
tion.’’; and 
(E) by adding at the end the following: 
‘‘(18) ‘vehicle that performs partial driving au-
tomation’ does not include a commercial motor vehi-
cle (as defined in section 31101).’’; and 
(2) by adding at the end the following:
‘‘(c) REVISIONS TO CERTAIN DEFINITIONS.— 
‘‘(1) If SAE International (or its successor or-
ganization) revises the definition of any of the terms 
defined in paragraph (1), (6), or (14) of subsection 
(a) in Recommended Practice Report J3016, it shall 
notify the Secretary of the revision. The Secretary 
shall publish a notice in the Federal Register to in-
form the public of the new definition unless, within 
90 days after receiving notice of the new definition 
and after opening a period for public comment on 
the new definition, the Secretary notifies SAE Inter-
national (or its successor organization) that the Sec-
retary has determined that the new definition does 
not meet the need for motor vehicle safety, or is oth-
erwise inconsistent with the purposes of this chapter. 
If the Secretary so notifies SAE International (or its 
successor organization), the existing definition in 
subsection (a) shall remain in effect. 
‘‘(2) If the Secretary does not reject a defini-
tion revised by SAE International (or its successor 
organization) as described in paragraph (1), the Sec-
retary shall promptly make any conforming amend-
ments to the regulations and standards of the Sec-
retary that are necessary. The revised definition 
shall apply for purposes of this chapter. The require-
ments of section 553 of title 5 shall not apply to the 
making of any such conforming amendments. 
‘‘(3) Pursuant to section 553 of title 5, the Sec-
retary may update any of the definitions in para-
graph (1), (6), or (14) of subsection (a) if the Sec-
retary determines that materially changed cir-
cumstances regarding highly automated vehicles 
have impacted motor vehicle safety such that the 
definitions need to be updated to reflect such cir-
cumstances.’’. 
(b) DEFINITIONS IN THIS ACT.—As used in this 
Act— 
(1) the term ‘‘automated driving system’’ has 
the meaning given such term in subsection (a) of 
section 30102 of title 49, United States Code, sub-
ject to any revisions made to the definition of such 
term pursuant to subsection (c) of such section; 
(2) the term ‘‘highly automated vehicle’’ has the 
meaning given such term in subsection (a) of section 
30102 of title 49, United States Code, not subject 
to any revision under subsection (c) of such section; 
and 
(3) the term ‘‘vehicle that performs partial driv-
ing automation’’ has the meaning given such term in 
subsection (a) of section 30102 of title 49, United
States Code, not subject to any revision under sub-
section (c) of such section. 
Passed the House of Representatives September 6, 
2017. 
Attest: 
Clerk.
115TH CONGRESS 
1ST SESSION 
H. R. 3388 
AN ACT 
To amend title 49, United States Code, regarding 
the authority of the National Highway Traffic 
Safety Administration over highly automated ve-
hicles, to provide safety measures for such vehi-
cles, and for other purposes.