Title: LEAD'R Act
Policy area: Transportation and Public Works

Summary:
Let NHTSA Enforce Automated Vehicle Driving Regulations Act or the LEAD'R Act
This bill provides for federal preemption of state laws regulating highly automated vehicles and automated driving systems (or components of such systems). A state may not enact a law in this area unless such law is identical to federal standards.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3412 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 3412

 To amend section 30103 of title 49, United States Code, to establish 
 sole authority for the National Highway Traffic Safety Administration 
    over the regulation of highly automated vehicles, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2017

  Mr. Mullin introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
 To amend section 30103 of title 49, United States Code, to establish 
 sole authority for the National Highway Traffic Safety Administration 
    over the regulation of highly automated vehicles, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Let NHTSA Enforce Automated Vehicle 
Driving Regulations Act'' or the ``LEAD'R Act''.

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.

    (a) Relationship to Other Laws.--Section 30103 of title 49, United 
States Code, is amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Preemption.--
            ``(1) Highly automated vehicles.--No State or political 
        subdivision of a State may maintain, enforce, prescribe, or 
        continue in effect any law or regulation regarding the design, 
        construction, or performance of highly automated vehicles, 
        automated driving systems, or components of automated driving 
        systems unless such law or regulation is identical to a 
        standard prescribed under this chapter.
            ``(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 applicable to the same aspect of performance of a 
        motor vehicle or motor vehicle equipment only if the standard 
        is identical to the standard prescribed under this chapter.
            ``(3) Rules of construction.--
                    ``(A) In general.--Nothing in this subsection may 
                be construed to prohibit a State or a political 
                subdivision of a State from maintaining, enforcing, 
                prescribing, or continuing in effect any law or 
                regulation regarding registration, licensing, driving 
                education and training, insurance, law enforcement, 
                crash investigations, safety and emission inspections, 
                congestion management of vehicles on the street within 
                a State or political subdivision of a State, or traffic 
                unless the law or regulation is an unreasonable 
                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 continuing in effect any law 
                or regulation regarding the sale, distribution, repair, 
                or service of highly automated vehicles, automated 
                driving systems, or components of automated driving 
                systems by a dealer, manufacturer, or distributor.
                    ``(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 equipment, highly automated vehicle, or automated 
        driving 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 enforce a standard 
        that is identical to a standard prescribed under this 
        chapter.''; and
            (2) by amending subsection (e) to read as follows:
    ``(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.''.
    (b) Definitions.--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 selection 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, classification, 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).''; and
                    (D) by inserting after paragraph (13) (as so 
                redesignated) the following:
            ``(14) `operational design domain' means the specific 
        conditions under which a given driving automation system or 
        feature thereof is designed to function.''; and
            (2) by adding at the end the following:
    ``(c) Revisions to Certain Definitions.--
            ``(1) If SAE International (or its successor organization) 
        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 
        inform 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 International (or its successor 
        organization) that the Secretary has determined that the new 
        definition does not meet the need for motor vehicle safety, or 
        is otherwise 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 definition revised 
        by SAE International (or its successor organization) as 
        described in paragraph (1), the Secretary shall promptly make 
        any conforming amendments to the regulations and standards of 
        the Secretary that are necessary. The revised definition shall 
        apply for purposes of this chapter. The requirements 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 Secretary may 
        update any of the definitions in paragraph (1), (6), or (14) of 
        subsection (a) if the Secretary determines that materially 
        changed circumstances regarding highly automated vehicles have 
        impacted motor vehicle safety such that the definitions need to 
        be updated to reflect such circumstances.''.
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