I 
117TH CONGRESS 
1ST SESSION H. R. 3711 
To amend title 49, United States Code, regarding the authority of the Na-
tional Highway Traffic Safety Administration over highly automated 
vehicles, to provide safety measures for such vehicles, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 4, 2021 
Mr. LATTA (for himself, Mr. BUCSHON, Mr. UPTON, Mr. PENCE, Mr. CARTER 
of Georgia, Mr. BURGESS, Mr. JOYCE of Pennsylvania, Mr. LONG, Mr. 
MULLIN, and Mr. JOHNSON of Ohio) 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 In-
frastructure, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
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 clarify the Federal role 
in ensuring the safety of highly automated vehicles as it 
relates to design, construction, and performance, by en-
couraging 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.’’; 
(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.’’; and 
(3) by adding at the end the following: 
‘‘(f) LICENSING.—A State may not issue a motor ve-
hicle operator’s license for the operation or use of a dedi-
cated highly automated vehicle in a manner that discrimi-
nates on the basis of disability (as defined in section 3 
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of the Americans with Disabilities Act of 1990 (42 U.S.C. 
12102)).’’. 
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: 
‘‘§ 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 
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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 
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 
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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 
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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-
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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). 
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‘‘(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: 
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‘‘§ 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 
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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— 
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(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; 
‘‘(vi) the exemption would promote transpor-
tation access for individuals with disabilities (as de-
fined in section 3 of the Americans with Disabilities 
Act of 1990 (42 U.S.C. 12102)) and would pro-
vide— 
‘‘(I) a safety level at least equal to the 
safety level of the standard for which the ex-
emption is sought; or 
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‘‘(II) an overall safety level at least equal 
to the overall safety level of nonexempt vehi-
cles.’’; 
(2) in subsection (c), by adding at the end the 
following: 
‘‘(5) if the application is made under subsection 
(b)(3)(B)(v) or (vi)— 
‘‘(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-
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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-
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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: 
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‘‘(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 
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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. 
‘‘(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 
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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’’; 
(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: 
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‘‘(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 
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‘‘(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. 
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(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 (including 
motor vehicle manufacturers, mobility service providers, 
and motor vehicle dealers), academia and independent re-
searchers, State and local authorities, safety and con-
sumer advocates, disability organizations, engineers, labor 
organizations, environmental experts, a representative of 
the National Highway Traffic Safety Administration, and 
other members determined to be appropriate by the Sec-
retary. Any subcommittee of the Council shall be com-
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posed 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 
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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-
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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. 
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(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. 
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