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AMENDMENT NO.llll

S.L.C.

Calendar No.lll

Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES—115th Cong., 2d Sess.

S. 1885
To support the development of highly automated vehicle
safety technologies, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE NATURE OF A SUBSTITUTE intended
to be proposed by llllllllll
Viz:
1

Strike all after the enacting clause and insert the fol-

2 lowing:
3

SECTION 1. SHORT TITLES; TABLE OF CONTENTS.

4

(a) SHORT TITLES.—This Act may be cited as the

5 ‘‘American Vision for Safer Transportation through Ad6 vancement of Revolutionary Technologies Act’’ or the ‘‘AV
7 START Act’’.
8

(b) TABLE

OF

CONTENTS.—The table of contents for

9 this Act is as follows:
Sec.
Sec.
Sec.
Sec.

1.
2.
3.
4.

Short titles; table of contents.
Definitions.
Relationship to other laws.
Expedited resolution of highly automated vehicles conflicts with standards.
Sec. 5. Motor vehicle testing or evaluation.

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Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.

1
2
3

6. Highly automated vehicles exemptions.
7. Dual use vehicle safety.
8. Levels of driving automation and revisions to certain definitions.
9. Highly automated vehicle safety evaluation report.
10. Highly automated vehicles rulemaking.
11. Highly Automated Vehicles Advisory Council.
12. Consumer education safety rulemaking for highly automated vehicles
and partially automated vehicles.
13. Traffic safety and law enforcement.
14. Cybersecurity.
15. Data study on removal of personal data from vehicle information systems.
16. Cybersecurity consumer education information.
17. Provision of cybersecurity resource information.
18. Highly automated vehicle study.
19. Study on encouraging manufacturing in the United States of automated driving equipment and intelligent transportation solutions.
20. Privacy protections for users of motor vehicles.
21. Child safety.
22. Partially automated vehicle safety evaluation report.
23. Highly automated vehicle adoption and safety impacts.
24. Cybersecurity tools study.
25. Privacy protections for passenger motor vehicles.
26. Headlamps.
27. Savings provisions.

SEC. 2. DEFINITIONS.

(a) IN GENERAL.—In this Act:
(1) AUTOMATED

DRIVING SYSTEM; DEDICATED

4

HIGHLY AUTOMATED VEHICLE; DYNAMIC DRIVING

5

TASK; HIGHLY AUTOMATED VEHICLE; OPERATIONAL

6

DESIGN DOMAIN; MANUFACTURER; MOTOR VEHICLE;

7

MOTOR VEHICLE EQUIPMENT; PARTIAL DRIVING AU-

8

TOMATION; PARTIALLY AUTOMATED VEHICLE.—The

9

terms ‘‘automated driving system’’, ‘‘dedicated high-

10

ly automated vehicle’’, ‘‘dynamic driving task’’,

11

‘‘highly automated vehicle’’, ‘‘operational design do-

12

main’’, ‘‘manufacturer’’, ‘‘motor vehicle’’, ‘‘motor ve-

13

hicle equipment’’, ‘‘partial driving automation’’, and

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1

‘‘partially automated vehicle’’ have the meanings

2

given such terms in section 30102 of title 49, United

3

States Code, as amended by subsection (b).

4
5
6

(2) NHTSA.—The term ‘‘NHTSA’’ means the
National Highway Traffic Safety Administration
(3) PASSENGER

MOTOR VEHICLE.—The

term

7

‘‘passenger motor vehicle’’ has the meaning given

8

such term in section 32101 of title 49, United

9

States Code.

10

(4) SECRETARY.—The term ‘‘Secretary’’ means

11

the Secretary of Transportation.

12

(b) MOTOR VEHICLE SAFETY CHAPTER.—Section

13 30102(a) of title 49, United States Code, is amended—
14

(1) by redesignating paragraphs (11), (12), and

15

(13) as paragraphs (18), (19), and (20), respec-

16

tively;

17
18
19
20
21
22
23
24

(2) by redesignating paragraphs (5) through
(10) as paragraphs (9) through (14) respectively;
(3) by redesignating paragraphs (3) and (4) as
paragraphs (5) and (6), respectively;
(4) by redesignating paragraphs (1) and (2) as
paragraphs (2) and (3), respectively;
(5) by inserting before paragraph (2), as redesignated, the following:

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1

‘‘(1) AUTOMATED

DRIVING SYSTEM.—Subject

2

to section 8 of the AV START Act, in describing a

3

Level 3, 4, or 5 automated driving system, the term

4

‘automated driving system’ means the hardware and

5

software that are collectively capable of performing

6

the entire dynamic driving task on a sustained basis,

7

regardless of whether the system is limited to a spe-

8

cific operational design domain.’’;

9
10
11

(6) by inserting after paragraph (3), as redesignated, the following:
‘‘(4) DEDICATED

HIGHLY AUTOMATED VEHI-

12

CLE.—The

13

means a highly automated vehicle designed to be op-

14

erated exclusively (as defined by the SAE Inter-

15

national standard J3016, published on June 15,

16

2018) by a Level 4 or 5 automated driving system

17

for all trips.’’;

18
19
20

term ‘dedicated highly automated vehicle’

(7) by inserting after paragraph (6), as redesignated, the following:
‘‘(7) DYNAMIC

DRIVING TASK.—Subject

to sec-

21

tion 8 of the AV START Act, the term ‘dynamic

22

driving task’—

23

‘‘(A) except as provided in subparagraph

24

(B), means all of the real time operational and

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1

tactical functions required to operate a vehicle

2

in on-road traffic;

3

‘‘(B) excludes strategic functions, such as

4

trip scheduling and selection of destinations and

5

waypoints; and

6

‘‘(C) includes—

7
8

‘‘(i) lateral vehicle motion control via
steering;

9
10

‘‘(ii) longitudinal vehicle motion control via acceleration and deceleration;

11

‘‘(iii) monitoring the driving environ-

12

ment via object and event detection, rec-

13

ognition, classification, and response prep-

14

aration;

15
16

‘‘(iv) object and event response execution;

17

‘‘(v) maneuver planning; and

18

‘‘(vi) enhancing conspicuity through

19
20

lighting, signaling, and gesturing.
‘‘(8) HIGHLY

AUTOMATED VEHICLE.—The

term

21

‘highly automated vehicle’ means a motor vehicle

22

with a gross vehicle weight of 10,000 pounds or less

23

that is equipped with a Level 3, 4, or 5 automated

24

driving system.’’; and

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1
2
3

(8) by inserting after paragraph (14), as redesignated, the following:
‘‘(15) OPERATIONAL

DESIGN DOMAIN.—Subject

4

to section 8 of the AV START Act, the term ‘oper-

5

ational design domain’ means the operating condi-

6

tions under which a given driving automation sys-

7

tem, or a feature of such system, is designed to

8

function.

9

‘‘(16) PARTIAL

DRIVING

AUTOMATION.—The

10

term ‘partial driving automation’ describes a Level 2

11

driving automation system (as defined by SAE

12

International standard J3016, published on June

13

15, 2018).

14

‘‘(17) PARTIALLY

AUTOMATED VEHICLE.—The

15

term ‘partially automated vehicle’ means a motor ve-

16

hicle with a gross vehicle weight of 10,000 pounds

17

or less that is equipped with a Level 2 driving auto-

18

mation system (as defined by SAE International

19

standard J3016, published on June 15, 2018).’’.

20
21

SEC. 3. RELATIONSHIP TO OTHER LAWS.

(a) VEHICLE PREEMPTION.—Section 30103(b) of

22 title 49, United States Code, is amended by adding at the
23 end the following:
24

‘‘(3) HIGHLY AUTOMATED VEHICLES.—(A) No State

25 or political subdivision of a State may adopt, maintain,

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1 or enforce any law, rule, or standard regulating the design,
2 construction, or performance of a highly automated vehicle
3 or automated driving system with respect to any of the
4 safety evaluation report subject areas described in section
5 30107(b).
6

‘‘(B) This paragraph shall cease to have effect with

7 respect to any particular subject matter area on the effec8 tive date of a standard applicable to the same aspect of
9 vehicle performance as identified in section 30107(f).
10

‘‘(C) Consistent with subparagraph (A), nothing in

11 this paragraph may be construed to prohibit a State or
12 political subdivision of a State from adopting, maintain13 ing, or enforcing any law, rule, or standard regarding the
14 sale, distribution, repair, or service of highly automated
15 vehicles, automated driving systems, or components of
16 automated driving systems by a dealer, manufacturer, or
17 distributor.
18

‘‘(D) Nothing in this paragraph may be construed to

19 preempt, restrict, or limit a State or a political subdivision
20 of a State from acting as authorized under any other Fed21 eral law.
22

‘‘(4) PRESERVATION

OF

AUTHORITY.—(A) In para-

23 graph (3)(A), the term ‘design, construction, or perform24 ance’ shall be interpreted consistent with the Secretary’s
25 authority under section 30111 relating to motor vehicle

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1 safety standards, and does not include compliance with the
2 traffic laws or rules of a State or a political subdivision
3 of a State, or the laws or rules of a State or a political
4 subdivision of a State that relate to rules of the road or
5 the operation of motor vehicles.
6

‘‘(B) Nothing in subparagraph (A) may be construed

7 to otherwise affect or limit the authority of the Secretary
8 under this chapter.’’.
9

(b) LIABILITY.—Section 30103(e) of title 49, United

10 States Code, is amended to read as follows:
11

‘‘(e) STATE LAW LIABILITY.—(1) Compliance with a

12 motor vehicle safety standard prescribed under this chap13 ter does not exempt a person from liability at common
14 law.
15

‘‘(2) Nothing in subsection (b)(3) may be construed

16 to exempt a person from liability at common law.
17

‘‘(3) Nothing in subsection (b)(3) may be construed

18 to exempt a person from liability under a State law unless
19 such law directly or specifically regulates or prescribes the
20 design, construction, or performance of a highly auto21 mated vehicle or automated driving system.
22

‘‘(4) LIMITATION

ON

PREDISPUTE ARBITRATION.—

23 (A) Notwithstanding title 9, no predispute arbitration
24 agreement between a covered entity and a natural person
25 who is not acting as an employee, agent, affiliate, or busi-

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1 ness associate of such covered entity at the time of an
2 incident described in clause (i) shall be valid or enforceable
3 with respect to any claim not preempted by subsection
4 (b)(3)—
5

‘‘(i) arising out of or related to the death or

6

bodily injury of a person, including a passenger, by-

7

stander, or road user, related to the operation of an

8

automated driving system;

9

‘‘(ii) seeking to recover damages, including con-

10

sequential or punitive damages to the extent avail-

11

able under applicable law; and

12

‘‘(iii) that arises on or before the effective date

13

of a motor vehicle safety standard applicable to the

14

particular aspect of the design, construction, or per-

15

formance of a highly automated vehicle or an auto-

16

mated driving system upon which the claim is based,

17

except that this paragraph shall not apply to any

18

other claim based upon a particular aspect of the de-

19

sign, construction, or performance of a highly auto-

20

mated vehicle or an automated driving system for

21

which there is not an applicable motor vehicle stand-

22

ard in effect.

23

‘‘(B) The applicability of this paragraph to an agree-

24 ment to arbitrate shall be determined by a court.
25

‘‘(C) In this paragraph:

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‘‘(i) The term ‘bodily injury’ means a physical

2

injury for which the injured person sought or re-

3

ceived medical treatment.

4

‘‘(ii)(I) The term ‘covered entity’ means any en-

5

tity, that produces, develops, designs, assembles,

6

manufactures, or controls the functions of, regard-

7

less of whether the entity also performs other activi-

8

ties including activities described in subclause

9

(II)(bb), any of the hardware or software that—

10
11

‘‘(aa) is original or aftermarket equipment,
including software updates or revisions;

12

‘‘(bb) is capable (alone or in combination

13

with other equipment) of performing the dy-

14

namic driving task (as defined by SAE Inter-

15

national standard J3016, published on June

16

15, 2018); and

17

‘‘(cc) is, or is part of, a highly automated

18

vehicle or automated driving system.

19

‘‘(II) For purposes of subclause (I), the term

20

‘controls the functions’—

21

‘‘(aa) includes controlling any of the real

22

time operational or tactical functions necessary

23

to operate a vehicle, such as lateral vehicle mo-

24

tion control, longitudinal vehicle motion control,

25

monitoring the driving environment, object or

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1

event response execution, maneuver planning,

2

or enhancing conspicuity through lighting, sig-

3

naling, or gesturing; and

4

‘‘(bb) consistent with the clarification in

5

subclause (I) that engaging in the activities de-

6

scribed in subitems (AA) through (FF) shall

7

not exempt an entity from being a covered enti-

8

ty if the entity otherwise satisfies the definition

9

in that subclause, does not include—

10
11

‘‘(AA) determining whether to initiate
a trip;

12

‘‘(BB) dispatching a vehicle;

13

‘‘(CC) scheduling a trip;

14

‘‘(DD) selecting a route, destination,

15

or waypoint;

16

‘‘(EE) performing repairs or mainte-

17

nance, or downloading or installing soft-

18

ware updates or revisions, in accordance

19

with the specification of the highly auto-

20

mated vehicle or automated driving system

21

manufacturer; or

22

‘‘(FF) possessing, selling, leasing,

23

renting, or distributing a highly automated

24

vehicle or automated driving system.

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1

‘‘(iii) The term ‘predispute arbitration agree-

2

ment’ means any agreement to arbitrate a dispute

3

that has not arisen at the time of the making of the

4

agreement.’’.

5

(c) LICENSING.—A State may not issue a motor vehi-

6 cle operator’s license for the operation or use of a dedi7 cated highly automated vehicle in a manner that discrimi8 nates on the basis of disability (as defined in section 3
9 of the Americans with Disabilities Act of 1990 (42 U.S.C.
10 12102)).
11

SEC. 4. EXPEDITED RESOLUTION OF HIGHLY AUTOMATED

12
13

VEHICLES CONFLICTS WITH STANDARDS.

(a) DEFINED TERM.—In this section, the term ‘‘safe-

14 ty standard’’ means a Federal motor vehicle safety stand15 ard prescribed under chapter 301 of title 49, United
16 States Code.
17

(b) REFERENCES

TO

HUMAN DRIVERS.—Not later

18 than 1 year after the date of the enactment of this Act,
19 an entity designated by the Secretary, after consultation
20 with stakeholders, shall prepare and submit a report to
21 the Secretary that identifies each provision, requirement,
22 specification, or procedure in a safety standard with a ref23 erence to features of the equipment that—
24
25

(1) is necessary only for the performance of the
dynamic driving task by a human driver;

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(2) specifies a location or reference point within

2

a vehicle by reference to the position of a human

3

driver; or

4

(3) serves a purpose of providing information

5

to, or receiving input from, a human driver engaged

6

in performing the dynamic driving task.

7

(c) SUBSTITUTION OF CONFORMING REFERENCES TO

8 AUTOMATED SYSTEMS.—
9

(1) IN

GENERAL.—In

each provision of the re-

10

port prepared under subsection (b) identifying the

11

text of a regulation from a safety standard, a test

12

procedure, or a method for determining compliance

13

with a safety standard, the designated entity shall

14

include—

15

(A) an alternative reference to an auto-

16

mated system that is suitable for assessing,

17

through an objective test procedure, the compli-

18

ance of a dedicated highly automated vehicle, or

19

of a highly automated vehicle operating in auto-

20

mated mode, with the safety standard; or

21

(B) a determination that—

22

(i) the relevant regulatory text applies

23

to features of the motor vehicle equipment

24

that are only necessary for the perform-

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1

ance of a dynamic driving task by a human

2

driver; and

3
4
5
6
7
8
9
10

(ii) no alternative reference to an
automated system is practicable.
(2) CONDITIONS.—In carrying out paragraph
(1), the designated entity—
(A) shall ensure that all requirements remain objective and practicable;
(B) may not modify the purpose of any
safety standard; and

11

(C) may specify different references for—

12

(i) dedicated highly automated vehi-

13

cles that are intended for human occu-

14

pancy; and

15

(ii) dedicated highly automated vehi-

16

cles that are not designed, intended, or

17

marketed for human occupancy.

18

(d) RULEMAKING.—

19

(1) COMMENCEMENT.—Not later than 180 days

20

after the date on which the designated entity sub-

21

mits the report under subsection (b), the Secretary

22

shall commence a rulemaking proceeding to incor-

23

porate the report by reference into the relevant safe-

24

ty standards, except as provided in paragraph (3).

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1

(2) FINAL

RULE.—Not

later than 2 years after

2

the designated entity submits the report under sub-

3

section (b), the Secretary shall issue a final rule to

4

incorporate the report by reference into the relevant

5

safety standards, except as provided in paragraph

6

(3).

7

(3) ALTERNATIVE

TEXT.—If

the Secretary de-

8

termines that 1 or more of the revisions to a regula-

9

tion contained in the report submitted under sub-

10

section (b) is not objective, is not practicable, or

11

does not meet the need for motor vehicle safety, the

12

Secretary shall incorporate alternative regulatory

13

text.

14

(4) INCORPORATION

BY REFERENCE.—If

the

15

Secretary does not complete the rulemaking pro-

16

ceeding under this subsection within 2 years after

17

the commencement of the rulemaking under para-

18

graph (1), the revisions to regulations contained in

19

the report submitted under subsection (b) shall be

20

incorporated by reference into the relevant safety

21

standards.

22

(e) SAVINGS PROVISION.—Nothing in this section

23 may be construed to prohibit the Secretary from maintain24 ing different test procedures for highly automated vehicles
25 that retain the capability to be operated by a human driver

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1 when such vehicles are not operating in an automated
2 mode.
3
4

SEC. 5. MOTOR VEHICLE TESTING OR EVALUATION.

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

5 is amended to read as follows:
6

‘‘(10) the introduction of a motor vehicle in

7

interstate commerce solely for purposes of testing,

8

evaluation, or demonstration—

9

‘‘(A) by a manufacturer that—

10

‘‘(i) agrees not to sell or lease, or

11

offer for sale or lease, the motor vehicle at

12

the conclusion of the testing, evaluation, or

13

demonstration;

14

‘‘(ii) has manufactured and distrib-

15

uted into the United States motor vehicles

16

that are certified, or motor vehicle equip-

17

ment utilized in a motor vehicle that is cer-

18

tified, to comply with all applicable Federal

19

motor vehicle safety standards;

20

‘‘(iii) has submitted to the Secretary

21

appropriate manufacturer identification in-

22

formation under part 566 of title 49, Code

23

of Federal Regulations; and

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1

‘‘(iv) if applicable, has identified an

2

agent for service of process in accordance

3

with part 551 of such title; or

4

‘‘(B) of a highly automated vehicle, auto-

5

mated driving system, or component of an auto-

6

mated driving system if—

7

‘‘(i) the testing, evaluation, or dem-

8

onstration of the vehicle is only conducted

9

by employees, agents, or fleet management

10

contractors of the manufacturer of the

11

highly automated vehicle, the automated

12

driving system, or any component of such

13

vehicle or system;

14

‘‘(ii) such manufacturer agrees not to

15

sell or lease, or offer for sale or lease, the

16

highly automated vehicle, automated driv-

17

ing system, or component of an automated

18

driving system at the conclusion of the

19

testing, evaluation, or demonstration;

20

‘‘(iii) such manufacturer has sub-

21

mitted appropriate manufacturer identi-

22

fication information under part 566 of title

23

49, Code of Federal Regulations, if appli-

24

cable, or the similar manufacturer identi-

25

fication information, including—

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1

‘‘(I) the name of the manufac-

2

turer, including individual, partner-

3

ship, corporation, or institution of

4

higher education, and a point of con-

5

tact;

6

‘‘(II) the physical address of the

7

manufacturer and the State of incor-

8

poration of the manufacturer, if appli-

9

cable;

10

‘‘(III) a description of each type

11

of motor vehicle used during develop-

12

ment of the highly automated vehicle,

13

automated driving system, or compo-

14

nent of automated driving system

15

manufactured by the manufacturer;

16

and

17

‘‘(IV) proof of insurance for any

18

State in which the manufacturer in-

19

tends to test or evaluate highly auto-

20

mated vehicles; and

21

‘‘(iv) if applicable, the manufacturer

22

has identified an agent for service of proc-

23

ess in accordance with part 551 of title 49,

24

Code of Federal Regulations.’’.

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1
2

SEC. 6. HIGHLY AUTOMATED VEHICLES EXEMPTIONS.

(a) IN GENERAL.—Section 30113 of title 49, United

3 States Code, is amended—
4
5
6
7
8
9
10

(1) in subsection (a)—
(A) by striking ‘‘(a) DEFINITION.—In this
section,’’ and inserting the following:
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term’’;
(B) by striking the period at the end and
inserting ‘‘; and’’; and

11

(C) by adding at the end the following:

12

‘‘(2) the term ‘new motor vehicle safety feature’

13

includes any feature that enables a highly automated

14

vehicle or an automated driving system, regardless

15

of whether an exemption has already been granted

16

for a similar feature on another model or models.’’;

17
18
19
20

(2) in subsection (b)—
(A) by amending paragraph (2) to read as
follows:
‘‘(2)(A) The Secretary may begin a proceeding under

21 this subsection when a manufacturer applies for an exemp22 tion or a renewal of an exemption. The Secretary shall
23 publish notice of the application and provide an oppor24 tunity to comment. An application for an exemption or
25 for a renewal of an exemption shall be filed at such time

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20
1 and in such manner, and contain such information, as re2 quired under this section and by the Secretary.
3

‘‘(B) The Secretary shall grant or deny an exemption

4 for a highly automated vehicle not later than 180 days
5 after receiving an application for such exemption from a
6 manufacturer unless the application is received not later
7 than 2 years after the date of the enactment of the AV
8 START Act, in which case the Secretary shall grant or
9 deny such exemption not later than 270 days after the
10 application is received.
11

‘‘(C) Before granting a renewal of an exemption or

12 otherwise increasing the number of highly automated vehi13 cles of a manufacturer that may be sold or introduced
14 under a previously granted exemption, or on at least an
15 annual basis, the Secretary shall evaluate the exemption’s
16 impact on motor vehicle safety to ensure compliance with
17 paragraph (3) and any conditions set by the Secretary.’’;
18 and
19

(B) in paragraph (3)(B), by amending

20

clause (iv) to read as follows:

21

‘‘(iv) compliance with the standard would pre-

22

vent the manufacturer from selling, introducing, or

23

delivering into interstate commerce a motor vehicle

24

with an overall safety level, occupant protection

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1

level, and crash avoidance level at least equal to such

2

levels for nonexempt vehicles.’’;

3

(3) by amending subsection (d) to read as fol-

4

lows:

5

‘‘(d) ELIGIBILITY.—(1) A manufacturer is eligible for

6 an exemption under subsection (b)(3)(B)(i) (including an
7 exemption relating to a bumper standard referred to in
8 subsection (b)(1)) only if the Secretary determines that
9 the manufacturer’s total motor vehicle production in the
10 most recent year of production is not more than 10,000.
11

‘‘(2) Except as provided in paragraph (3), a manufac-

12 turer is eligible for an exemption under clause (ii), (iii),
13 or (iv) of subsection (b)(3)(B) only if the Secretary deter14 mines that the exemption is for not more than 2,500 vehi15 cles to be sold in the United States in any 12-month pe16 riod.
17

‘‘(3) A manufacturer is eligible for an exemption for

18 any highly automated vehicle under clause (ii), (iii), or (iv)
19 of section (b)(3)(B) only if the Secretary determines
20 that—
21

‘‘(A) during the 12-month period beginning on

22

the date of enactment of the AV START Act, the

23

total number of new exemptions granted per manu-

24

facturer is for not more than 15,000 highly auto-

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1

mated vehicles to be sold or introduced into inter-

2

state commerce in the United States;

3

‘‘(B) during the 12-month period immediately

4

following the period described in subparagraph (A),

5

the number of new exemptions granted per manufac-

6

turer is for not more than 40,000 highly automated

7

vehicles to be sold or introduced into interstate com-

8

merce in the United States; and

9

‘‘(C) during any 12-month period following the

10

period described in subparagraph (B), the number of

11

new exemptions granted per manufacturer is for not

12

more than 80,000 highly automated vehicles to be

13

sold or introduced into interstate commerce in the

14

United States.

15

‘‘(4) A manufacturer of a highly automated vehicle

16 may petition the Secretary to expand the limit under para17 graph (3)(C) to more than 80,000 highly automated vehi18 cles in any 12-month period after the exemption has been
19 in place for 4 years.’’;
20

(4) in subsection (e), by inserting ‘‘or for not

21

more than 5 years if the vehicle is a highly auto-

22

mated vehicle’’ before the period at the end; and

23

(5) by adding at the end the following:

24

‘‘(i) PROCESS AND ANALYSIS.—

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1

‘‘(1) IN

GENERAL.—Not

later than 180 days

2

after the date of the enactment of the AV START

3

Act, the Secretary shall publish a notice in the Fed-

4

eral Register that describes the process and analysis

5

used for the consideration of exemption or renewal

6

applications for a highly automated vehicle.

7
8
9
10
11
12
13

‘‘(2) PERIODIC

REVIEW AND UPDATING.—The

notice required under paragraph (1)—
‘‘(A) shall be reviewed not later than 5
years after its initial publication; and
‘‘(B) shall be updated if the Secretary considers an update to be necessary.’’.
(b) SUNSET.—A manufacturer’s eligibility for an ex-

14 emption from a provision, clause, sentence, or paragraph
15 in a motor vehicle safety standard under section
16 30113(d)(2)(B) of title 49, United States Code, as amend17 ed by subsection (a), shall end on the earlier of the date
18 that is 10 years after the date of the enactment of this
19 Act or the date on which a standard (except for a standard
20 promulgated under section 4 of this Act) that amends the
21 provision, clause, sentence, or paragraph from which an
22 exemption is sought takes effect, with due consideration
23 for any lead time specified for compliance.

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1
2

SEC. 7. DUAL USE VEHICLE SAFETY.

(a) IN GENERAL.—Section 30122(b) of title 49,

3 United States Code, is amended—
4
5
6
7

(1) by inserting ‘‘(1)’’ before ‘‘A manufacturer’’; and
(2) by adding at the end the following:
‘‘(2) The prohibition under paragraph (1) shall not

8 apply to a manufacturer that intentionally causes a steer9 ing wheel, brake or accelerator pedals, a gear shift, or
10 other device or element of design related to the perform11 ance of the dynamic driving task by a human driver to
12 be temporarily disabled during the time that an automated
13 driving system is performing the entire dynamic driving
14 task if that vehicle is otherwise in compliance with applica15 ble motor vehicle safety standards when the Level 4 or
16 5 automated driving system is engaged and when such sys17 tem is not engaged.’’.
18

(b) RULEMAKING.—If the Secretary prescribes a reg-

19 ulation, in accordance with section 30122(c) of title 49,
20 United States Code, to exempt manufacturers from the
21 prohibition under section 30122(b)(2) of such title with
22 regard to highly automated vehicles, the amendments
23 under subsection (a) shall cease to have effect on the date
24 on which such regulation becomes effective.

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1

SEC. 8. LEVELS OF DRIVING AUTOMATION AND REVISIONS

2
3

TO CERTAIN DEFINITIONS.

(a) USE

OF

SAE INTERNATIONAL’S TAXONOMY

AND

4 DEFINITIONS.—The Secretary shall use the taxonomy and
5 definitions for automated driving systems set forth in SAE
6 International standard J3016, published on June 15,
7 2018, for—
8
9

(1) the various levels of automation for motor
vehicles; and

10

(2) any term defined in paragraph (1), (7), or

11

(15) of section 30102(a) of title 49, United States

12

Code.

13

(b) REVIEW.—

14

(1) IN

GENERAL.—The

Secretary—

15

(A) shall review the taxonomy and defini-

16

tions for automated driving systems set forth by

17

SAE International to ensure that such tax-

18

onomy and definitions are clear and objective;

19

and

20

(B) may provide feedback to SAE Inter-

21

national for potential updates.

22

(2) USE

OF REVISED STANDARD.—

23

(A) DETERMINATION.—Not later than 120

24

days after SAE International revises the stand-

25

ard referred to in subsection (a), the Secretary,

26

after publishing notice of the revision in the

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1

Federal Register, shall determine whether to

2

adopt the revised standard—

3
4

(i) to identify the various levels of automation for motor vehicles; or

5

(ii) to redefine any term defined in

6

paragraph (1), (7), or (15) of section

7

30102(a) of title 49, United States Code.

8

(B) EFFECT

9
10

OF DECISION NOT TO ADOPT

THE REVISED STANDARD.—If

the Secretary de-

cides not to adopt the revised standard—

11

(i) the Secretary shall notify SAE

12

International of the Secretary’s decision;

13

and

14
15
16
17
18

(ii) the definitions referred to in subsection (a) shall remain in effect.
SEC. 9. HIGHLY AUTOMATED VEHICLE SAFETY EVALUATION REPORT.

(a) IN GENERAL.—Subchapter I of chapter 301 of

19 title 49, United States Code, is amended by adding at the
20 end the following:
21 ‘‘§ 30107. Highly automated vehicle safety evaluation
22
23

report

‘‘(a) IN GENERAL.—

24

‘‘(1) REQUIREMENT.—Each manufacturer in-

25

troducing a new highly automated vehicle or auto-

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1

mated driving system into interstate commerce shall

2

provide a safety evaluation report, in accordance

3

with this section, to certify that the manufacturer is

4

addressing the safety of such vehicle or system

5

through a documented assessment, testing, and vali-

6

dation process.

7
8
9
10
11
12

‘‘(2) SUBMISSION.—
‘‘(A) INITIAL

REPORT.—Each

manufac-

turer described in paragraph (1) shall submit a
report to the Secretary—
‘‘(i) upon testing a highly automated
vehicle or automated driving system; and

13

‘‘(ii) not later than 90 days before

14

selling, offering for sale, or otherwise com-

15

mercializing a highly automated vehicle or

16

automated driving system.

17

‘‘(B) ANNUAL

UPDATE.—Each

manufac-

18

turer described in paragraph (1) shall annually

19

submit, until the highly automated vehicle or

20

automated driving system is no longer being

21

sold, offered for sale, or otherwise introduced

22

into interstate commerce by the manufacturer

23

or until the system is no longer being incor-

24

porated into new motor vehicles by the manu-

25

facturer, an updated report to the Secretary.

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1

‘‘(C)

ADDITIONAL

INFORMATION.—The

2

Secretary may require manufacturers described

3

in paragraph (1) to submit additional or clari-

4

fying information and documentation.

5

‘‘(3) UPDATE

INFORMATION.—For

each annual

6

update required under paragraph (2)(B), the manu-

7

facturer—

8

‘‘(A) may disclose that no significant

9

changes were made to the vehicle or system;

10

and

11

‘‘(B) shall provide aggregate results—

12

‘‘(i) of any significant safety deviation

13

from expected performance disclosed in

14

previous reports; and

15

‘‘(ii) comparing the safety level of the

16

vehicle or system with a vehicle that is not

17

highly automated and is driven by a

18

human driver.

19

‘‘(4) REVIEW.—The Secretary shall review each

20

report submitted under paragraph (2).

21

‘‘(b)

SAFETY

EVALUATION

REPORT

SUBJECT

22 AREAS.—Each report submitted by a manufacturer under
23 subsection (a) shall describe how the manufacturer is ad24 dressing, through a documented assessment, testing, and

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1 validation process, each of the subject areas described in
2 paragraphs (1) through (9).
3

‘‘(1) SYSTEM

SAFETY.—The

avoidance of un-

4

reasonable risks to the safety of the automated driv-

5

ing system, including—

6

‘‘(A) assurance that systems, including

7

hardware and software, perform intended func-

8

tions;

9

‘‘(B) the mitigation of unreasonable risks

10

to safety caused by a malfunction of the auto-

11

mated driving system, including any component

12

therein; and

13

‘‘(C) detection, classification, and response

14

to any circumstance or condition relevant to the

15

dynamic driving task within the operational de-

16

sign domain, including sense of objects, motor-

17

cyclists, bicyclists, pedestrians, other road

18

users, and animals in or crossing the path of

19

travel through the automated driving system.

20

‘‘(2) DATA

RECORDING.—The

collection by the

21

vehicle of automated driving system performance in-

22

formation and incident and crash data—

23

‘‘(A) to record the occurrence of malfunc-

24

tions, disengagements, degradations, or failures;

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1

‘‘(B) to aid in the analysis of the cause of

2

any issues described in subparagraph (A), in-

3

cluding by Federal agencies;

4
5

‘‘(C) to enable efforts to work with other
entities; and

6

‘‘(D) with respect to event data recorder

7

information, that complies with the collection

8

and sharing requirements under the FAST Act

9

(Public Law 114–94).

10

‘‘(3) CYBERSECURITY.—The minimization of

11

cybersecurity risks to safety, including evaluation of

12

elements of the supply chain to identify and address

13

cybersecurity vulnerabilities, and the exchange of in-

14

formation about any vulnerabilities discovered from

15

field incidents, internal testing, or external security

16

research, and mechanisms for alerting the human

17

driver or operator about cyber vulnerabilities.

18

‘‘(4) HUMAN-MACHINE

INTERFACE.—

19

‘‘(A) The methods of informing the human

20

driver or operator about whether the automated

21

driving system is functioning properly.

22

‘‘(B) For a Level 3 vehicle, the methods to

23

address driver reengagement, which may in-

24

clude driver engagement monitoring to assess

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1

driver awareness and readiness to perform the

2

full driving task.

3

‘‘(C) The use of a human-machine inter-

4

face by people with disabilities through visual,

5

auditory, or haptic displays, or other methods.

6

‘‘(5) CRASHWORTHINESS.—Practicable protec-

7

tion for all occupants given any planned seating po-

8

sitions or interior configurations and, for an unoccu-

9

pied highly automated vehicle, consideration of crash

10

compatibility with other motor vehicles and road

11

users.

12

‘‘(6) CAPABILITIES.—The capabilities and limi-

13

tations of the automated driving system, including a

14

description of the automated driving system and

15

technologies and their associated functions, its ex-

16

pected SAE level, and any exemptions under section

17

30112(b)(11), 30113(b)(3), or 30122(c).

18

‘‘(7) POST-CRASH

BEHAVIOR.—The

post-crash

19

behavior of the highly automated vehicle or auto-

20

mated driving system if sensors or critical systems

21

are damaged in a crash.

22

‘‘(8) APPLICABLE

LAWS.—Within

the oper-

23

ational design domain, the manner in which the

24

highly automated vehicle or automated driving sys-

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1

tem is designed to comply with applicable traffic

2

laws and rules of the road.

3

‘‘(9) AUTOMATION

FUNCTION.—

4

‘‘(A) The expected operational design do-

5

main in which the highly automated vehicle or

6

automated driving system is designed to oper-

7

ate, including—

8

‘‘(i) the type of roadway, geographic

9

area, speed range, and environmental and

10

temporal conditions in which the auto-

11

mated driving system is intended to oper-

12

ate;

13

‘‘(ii) any roadway and infrastructure

14

assets required for the operation of the

15

highly automated vehicle or automated

16

driving system, such as roadside equip-

17

ment, pavement markings, signage, and

18

traffic signals; and

19

‘‘(iii) how the highly automated vehi-

20

cle or automated driving system will re-

21

spond if the defined operational design do-

22

main unexpectedly changes.

23

‘‘(B) The expected object and event detec-

24

tion and response capabilities of the automated

25

driving

system,

including

behavioral

com-

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1

petencies and crash avoidance capability, as de-

2

scribed in paragraph (1)(C).

3

‘‘(C) The ability of the highly automated

4

vehicle or automated driving system to transi-

5

tion to a minimal risk condition when a mal-

6

function is encountered, it is operating in a de-

7

graded state, or it is operating outside of the

8

operational design domain, with consideration

9

of the potential safety risks with the particular

10

fallback strategy, such as whether it requires a

11

human driver or an automated system with or

12

without driver controls or manual override ca-

13

pabilities.

14

‘‘(D) The performance of the vehicle

15

through the manufacturer’s development and

16

implementation of tests, including simulation,

17

test track, and on-road testing.

18

‘‘(c)

19

EGORIES.—A

CERTIFICATION

OF

INAPPLICABLE

CAT-

manufacturer that is solely testing a vehicle

20 or system may certify that 1 or more of the categories
21 set forth in subsection (b) do not apply.
22

‘‘(d) PUBLICLY AVAILABLE.—The Secretary shall

23 make any report submitted by a manufacturer under this
24 section publicly available not later than 60 days after re25 ceipt, except the Secretary may not make publicly avail-

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1 able any information relating to a trade secret or confiden2 tial business information, or which is privileged. The man3 ufacturer may submit information related to a trade secret
4 or confidential business information separately from the
5 report.
6

‘‘(e) OFFICIAL SIGNATURE.—Each report submitted

7 by an entity under this section shall be reviewed by a sen8 ior official of the entity who—
9
10

‘‘(1) is knowledgeable about the information
contained in the report; and

11

‘‘(2) shall certify that, based on the official’s

12

knowledge, the report does not contain any untrue

13

statement of a material fact.

14

‘‘(f) TERMINATION

15
16

OF

OBLIGATION

TO

DISCLOSE IN-

FORMATION.—

‘‘(1) IN

GENERAL.—A

manufacturer’s obliga-

17

tion to provide information on a specific category

18

under subsection (b) shall end on the effective date

19

of a motor vehicle safety standard applicable to the

20

same aspect of vehicle or system performance as is

21

covered by the category, with due consideration for

22

any lead time specified for compliance.

23

‘‘(2) EFFECT

OF NEW STANDARD.—In

adopting

24

any standard applicable to highly automated vehicle

25

performance, the Secretary shall—

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1
2

‘‘(A) identify the category under subsection
(b) to which the standard relates, if any; and

3

‘‘(B) specify what information is no longer

4

required to be included in the report as a result

5

of the new standard.

6

‘‘(g) RULES OF CONSTRUCTION.—

7

‘‘(1) SUBMISSIONS.—A manufacturer may sub-

8

mit a safety evaluation report for vehicles introduced

9

into interstate commerce before the date of the en-

10
11
12
13

actment of the AV START Act.
‘‘(2) SAVINGS

PROVISIONS.—

‘‘(A) Nothing in this section may be construed—

14

‘‘(i) to amend or limit the authority of

15

the Secretary, or prohibit the use of the in-

16

formation included in the report under this

17

chapter; or

18

‘‘(ii) to affect discovery, subpoena,

19

other court order, or any other judicial

20

process otherwise allowed under applicable

21

Federal or State law.

22

‘‘(B) The Secretary may not condition the

23

manufacture, testing, sale, offer for sale, or in-

24

troduction into interstate commerce of a highly

25

automated vehicle or automated driving system

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1

based on a review of a safety evaluation report

2

or additional information submitted under this

3

section.’’.

4

(b) CLERICAL AMENDMENT.—The analysis for chap-

5 ter 301 of title 49, United States Code, is amended by
6 inserting after the item relating to section 30106 the fol7 lowing:
‘‘30107. Highly automated vehicle safety evaluation report.’’.

8

(c) EFFECTIVE DATE.—The amendments made by

9 this section shall take effect on the date that is 90 days
10 after the date of the enactment of this Act.
11
12

(d) CIVIL PENALTIES; FALSE
PORTS.—Section

OR

MISLEADING RE-

30165(a) of title 49, United States Code,

13 is amended—
14
15

(1)

in

paragraph

(1),

by

inserting

‘‘30107(a)(2),’’ after ‘‘section’’; and

16

(2) in paragraph (4), by inserting ‘‘or under the

17

certification process established pursuant to section

18

30107(e)’’ after ‘‘30166(o)’’.

19
20

SEC. 10. HIGHLY AUTOMATED VEHICLES RULEMAKING.

(a) IN GENERAL.—Subchapter II of chapter 301 of

21 title 49, United States Code, is amended by adding at the
22 end the following:
23 ‘‘§ 30129. Updated or new motor vehicle safety stand24
25

ards for highly automated vehicles

‘‘(a) RULEMAKING

AND

SAFETY PRIORITY PLAN.—

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1

‘‘(1) IN

GENERAL.—Not

later than 180 days

2

after the date of the enactment of the AV START

3

Act, the Secretary shall make available to the public

4

and submit to the Committee on Commerce, Science,

5

and Transportation of the Senate and the Com-

6

mittee on Energy and Commerce of the House of

7

Representatives a rulemaking and safety priority

8

plan, as necessary—

9

‘‘(A) to accommodate the safe development

10

and deployment of highly automated vehicles

11

and automated driving systems; and

12

‘‘(B) to issue motor vehicle safety stand-

13

ards or other regulations to address each of the

14

safety evaluation report subject areas described

15

in section 30107(b).

16

‘‘(2) INCLUSION

OF PRIORITIES.—The

plan re-

17

quired under paragraph (1) shall describe the overall

18

priorities of the National Highway Traffic Safety

19

Administration, including—

20
21

‘‘(A) priorities with respect to highly automated vehicles; and

22

‘‘(B) priorities with respect to other safety

23

initiatives of the Administration, in order to

24

meet the Nation’s motor vehicle safety chal-

25

lenges.

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1
2

‘‘(3) UPDATES
‘‘(A) IN

TO SAFETY PRIORITY PLAN.—
GENERAL.—The

Secretary may

3

change the priorities set forth in the safety pri-

4

ority plan referred to in paragraph (1) at any

5

time to address matters the Secretary considers

6

of greater priority.

7

‘‘(B) PREPARATION;

SUBMISSION;

AND

8

PUBLICATION.—If

9

that the safety priority plan needs to be up-

10

dated, the Secretary shall—

11
12

the Secretary determines

‘‘(i) prepare an interim update of the
safety priority plan;

13

‘‘(ii) submit such updated plan to the

14

Committee on Commerce, Science, and

15

Transportation of the Senate and the

16

Committee on Energy and Commerce of

17

the House of Representatives; and

18

‘‘(iii) make such updated plan avail-

19

able to the Highly Automated Vehicles

20

Technical Subcommittee established under

21

section 11(f)(1)(A) of the AV START Act.

22
23

‘‘(b) RULEMAKING.—
‘‘(1) IN

GENERAL.—Subject

to paragraph (2),

24

not later than 1 year after the receipt of the rec-

25

ommendations from the Technical Subcommittee

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1

under section 11(f)(1)(E) of the AV START Act,

2

the Secretary shall initiate a rulemaking proceeding

3

in accordance with the rulemaking and safety pri-

4

ority plan required in subsection (a).

5

‘‘(2) REVIEW

OF

RECOMMENDATIONS.—The

6

Secretary shall review the recommendations sub-

7

mitted by the Technical Subcommittee under section

8

11(f)(1)(E) of the AV START Act to determine

9

which recommendations should be included in the

10

rulemaking proceeding under paragraph (1), based

11

on an identified need for motor vehicle safety and

12

feasibility.

13

‘‘(c) REPORT

TO

CONGRESS.—Upon initiating the

14 rulemaking proceeding under subsection (b), and 4 years
15 later—
16

‘‘(1) the Secretary shall review each safety eval-

17

uation report subject area described in section

18

30107(b) to determine if—

19

‘‘(A) certain areas should not be addressed

20

through rulemaking because they are addressed

21

by another applicable Federal standard; or

22

‘‘(B) if adopting a standard applicable to

23

the subject area would not improve motor vehi-

24

cle safety; and

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1

‘‘(2) if the Secretary makes a determination

2

under paragraph (1), the Secretary shall submit a

3

report to the Committee on Commerce, Science, and

4

Transportation of the Senate and the Committee on

5

Energy and Commerce of the House of Representa-

6

tives that includes—

7
8

‘‘(A) an explanation for why such rulemaking cannot be completed;

9
10

‘‘(B) any alternative action that will be
taken by the Secretary; and

11
12
13

‘‘(C) any recommendations for potential
legislative changes.
‘‘(d) SENSE

OF

CONGRESS.—It is the Sense of Con-

14 gress that—
15
16

‘‘(1) safety of highly automated vehicles is a
priority; and

17

‘‘(2) new Federal safety standards governing

18

such vehicles should be promulgated without unrea-

19

sonable delay.

20

‘‘(e) JUDICIAL REVIEW.—Section 706 of title 5 shall

21 apply to actions taken under this section.
22

‘‘(f) RULE

OF

CONSTRUCTION.—Nothing in this sec-

23 tion may be construed to restrict the authority of the Sec24 retary under section 30111. Any Federal motor vehicle

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41
1 safety standard adopted pursuant to this section shall
2 meet the requirements under section 30111.’’.
3

(b) CLERICAL AMENDMENT.—The analysis for chap-

4 ter 301 of title 49, United States Code, is amended by
5 inserting after the item relating to section 30128 the fol6 lowing:
‘‘Sec. 30129. Updated or new motor vehicle safety standards for highly automated vehicles.’’.

7
8
9

SEC. 11. HIGHLY AUTOMATED VEHICLES ADVISORY COUNCIL.

(a) ESTABLISHMENT.—Subject to the availability of

10 appropriations, not later than 6 months after the date of
11 the enactment of this Act, the Secretary of Transportation
12 shall establish, in the National Highway Traffic Safety
13 Administration, a Highly Automated Vehicle Advisory
14 Council (referred to in this section as the ‘‘Advisory Coun15 cil’’). The Advisory Council shall replace the Advisory
16 Committee on Automation in Transportation, which was
17 established in 2016 pursuant to section 9(a)(2) of the
18 Federal Advisory Committee Act (5 U.S.C. App.).
19

(b) MEMBERSHIP.—The Advisory Council shall be

20 composed of a diverse group representative of business,
21 academia and independent researchers, State and local au22 thorities, safety and consumer advocates, engineers, labor
23 organizations, environmental experts, a representative of

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42
1 the National Highway Traffic Safety Administration, and
2 other members the Secretary determines are appropriate.
3

(c) TERMS.—Members of the Advisory Council shall

4 be appointed by the Secretary of Transportation and shall
5 serve for a term of 3 years.
6

(d) VACANCIES.—Any vacancy occurring in the mem-

7 bership of the Advisory Council shall be filled in the same
8 manner as the original appointment for the position being
9 vacated. The vacancy shall not affect the power of the re10 maining members to execute the duties of the Advisory
11 Council.
12

(e) DUTIES.—The Advisory Council shall study issues

13 regarding—
14

(1) advancing mobility access for the disabled

15

community with respect to the deployment of auto-

16

mated driving systems to identify impediments to

17

their use and ensure an awareness of the needs of

18

the disabled community as these vehicles are being

19

designed for distribution in commerce;

20

(2) mobility access for senior citizens and popu-

21

lations underserved by traditional public transpor-

22

tation services and educational outreach efforts with

23

respect to the testing and distribution of highly

24

automated vehicles in commerce;

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1

(3) cybersecurity for the testing, deployment,

2

and updating of automated driving systems with re-

3

spect to supply chain risk management, interactions

4

with Information Sharing and Analysis Centers and

5

Information Sharing and Analysis Organizations,

6

and a framework for identifying and implementing

7

recalls of motor vehicles or motor vehicle equipment;

8

(4) the development of a framework that allows

9

manufacturers of highly automated vehicles to share

10

with each other and the National Highway Traffic

11

Safety Administration relevant, situational informa-

12

tion related to any testing or deployment event on

13

public streets resulting or that reasonably could have

14

resulted in damage to the vehicle or any occupant of

15

the vehicle and validation of such vehicles in a man-

16

ner that does not risk public disclosure of such in-

17

formation or disclosure of confidential business in-

18

formation;

19

(5) labor and employment issues that may be

20

affected by the deployment of highly automated vehi-

21

cles;

22

(6) the environmental impacts of the deploy-

23

ment of highly automated vehicles, and the develop-

24

ment and deployment of alternative fuel infrastruc-

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1

ture alongside the development and deployment of

2

highly automated vehicles;

3

(7) protection of consumer privacy and security

4

of information collected by highly automated vehi-

5

cles;

6

(8) cabin safety for highly automated vehicle

7

passengers, and how automated driving systems may

8

impact collision vectors, overall crashworthiness, and

9

the use and placement of airbags, seatbelts, anchor

10

belts, head restraints, and other protective features

11

in the cabin;

12

(9) the testing and deployment of highly auto-

13

mated vehicles and automated driving systems in

14

areas that are rural, remote, mountainous, insular,

15

or unmapped to evaluate operational limitations

16

caused by natural geographical or man-made fea-

17

tures, or adverse weather conditions, and to enhance

18

the safety and reliability of highly automated vehi-

19

cles and automated driving systems used in such

20

areas with such features or conditions;

21

(10) independent verification and validation

22

procedures for highly automated vehicles that may

23

be useful to safeguard motor vehicle safety; and

24
25

(11) any other issue the Secretary considers appropriate.

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1
2
3

(f) SUBCOMMITTEES.—
(1) HIGHLY

AUTOMATED VEHICLES TECHNICAL

SUBCOMMITTEE.—

4

(A) ESTABLISHMENT.—Not later than 180

5

days after the date of the enactment of this

6

Act, the Secretary shall establish a Highly

7

Automated Vehicles Technical Subcommittee

8

(referred to in this section as the ‘‘Technical

9

Subcommittee’’) to provide a forum for stake-

10

holders to discuss, prioritize, and make tech-

11

nical recommendations for highly automated ve-

12

hicle and automated driving system safety.

13
14

(B) SECRETARY’S
(i) IN

AGENDA.—

GENERAL.—The

Secretary shall

15

consult with the Technical Subcommittee,

16

as appropriate, on highly automated vehi-

17

cle safety matters, including the develop-

18

ment and implementation of relevant poli-

19

cies, programs, and rulemaking.

20

(ii) AGENDA.—The Secretary shall

21

present the rulemaking and safety priority

22

plan required under section 30129(a) of

23

title 49, United States Code, to the Tech-

24

nical Subcommittee to serve as its agenda.

25

The Secretary may regularly provide rec-

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46
1

ommendations to guide the Technical Sub-

2

committee in its efforts to develop tech-

3

nical recommendations to benefit and com-

4

plement Department of Transportation ef-

5

forts.

6

(C) MEMBERSHIP.—

7
8

(i)

VOTING

MEMBERS.—The

Sec-

retary—

9

(I) shall appoint 15 voting mem-

10

bers to the Technical Subcommittee

11

who—

12

(aa) are specially qualified

13

to serve on the Technical Sub-

14

committee because of their tech-

15

nical knowledge of automated

16

driving systems, vehicle-to-vehicle

17

infrastructure systems, or the im-

18

pact of such systems on Federal

19

motor vehicle safety standards;

20

and

21
22
23
24

(bb) shall include at least 1
representative from—
(AA)
national;

SAE

Inter-

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1

(BB) automated vehicle

2

proving grounds;

3

(CC) a highly auto-

4

mated vehicle or automated

5

driving

6

turer;

system

manufac-

7

(DD) academia;

8

(EE) a safety organiza-

9

tion;

10

(FF) a State or local

11

government agency; and

12

(GG) another organiza-

13

tion directly or indirectly im-

14

pacted by NHTSA regula-

15

tions; and

16

(II) may appoint new members to

17

the Technical Subcommittee at any

18

time.

19

(ii) NONVOTING

MEMBER.—The

Sec-

20

retary shall appoint a representative of the

21

National Transportation Safety Board to

22

serve as a nonvoting advisory member of

23

the Technical Subcommittee.

24
25

(iii) CHAIRPERSON.—The Secretary,
or the Secretary’s designee—

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1
2

(I) shall act as Chairperson of
the Technical Subcommittee; and

3

(II) will not have voting rights on

4

the Technical Subcommittee, except to

5

break a tie.

6

(D) DUTIES.—

7

(i) RECOMMENDATIONS.—The Tech-

8

nical Subcommittee shall provide con-

9

sensus-based recommendations to the Sec-

10

retary regarding rulemaking, policy, and

11

guidance with respect to highly automated

12

vehicle safety, including—

13
14

(I) the identification and creation
of performance standards; and

15

(II) the harmonization of na-

16

tional highly automated vehicle safety

17

standards with international stand-

18

ards.

19

(ii)

SCOPE.—The

Technical

Sub-

20

committee shall study issues relating to

21

highly automated vehicles, including—

22

(I) system safety;

23

(II) automation function safety,

24

including—

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1

(aa) object and event detec-

2

tion, classification, and response;

3

and

4

(bb) fallback strategies, in-

5

cluding strategies involving a

6

human driver, or in the event of

7

no human driver, controls or

8

manual override capabilities;

9

(III)

10

automated

steering

and

braking;

11

(IV) crashworthiness for vehicles

12

with unconventional seating positions

13

or vehicles not intended for human oc-

14

cupancy, including safety of occu-

15

pants,

16

roadside personnel, bicyclists, motor-

17

cyclists, and other road users ;

18

(V) event data recording;

19

(VI) vehicle communication with

20

roadway and infrastructure assets, in-

21

cluding pavement markings, signage,

22

and traffic signals;

other

drivers,

pedestrians,

23

(VII) accessibility for people with

24

physical, sensory, or other disabilities,

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1

including for those who rely on mobil-

2

ity devices;

3

(VIII) potential conflicts with ex-

4

isting Federal motor vehicle safety

5

standards; and

6

(IX) any other issue the Sec-

7

retary considers appropriate, includ-

8

ing—

9

(aa) issues covered by the

10

highly automated vehicle safety

11

evaluation report subject areas

12

under section 9;

13

(bb) the Rulemaking and

14

Safety Priority Plan required

15

under section 30129(a) of title

16

49, United States Code; and

17

(cc) safeguards against mis-

18

use.

19

(iii) SUPPORT.—The Office of Rule-

20

making and the Office of Vehicle Safety

21

Research of the National Highway Traffic

22

Safety Administration shall provide sup-

23

port

24

committee.

services

to

the

Technical

Sub-

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1

(iv) MEETINGS.—The Technical Sub-

2

committee shall meet not less frequently

3

than 4 times per year.

4

(E)

RECOMMENDATIONS

5

AUTOMATED VEHICLES.—

6

(i) IN

GENERAL.—On

FOR

HIGHLY

a periodic basis,

7

the Technical Subcommittee shall release

8

recommendations on voluntary standards

9

regarding highly automated vehicle safety.

10

(ii) REPORT.—Not later than 5 years

11

after the date of the enactment of this Act,

12

the Technical Subcommittee shall submit a

13

report to the Secretary containing rec-

14

ommendations of consensus-based, feasible,

15

and objective standards to the Secretary

16

for potential rulemaking governing highly

17

automated vehicles that meet the need for

18

motor vehicle safety.

19

(iii) TERMINATION.—The Technical

20

Subcommittee shall terminate upon the

21

submission of the final report required

22

under clause (ii).

23
24

(2) DISABILITY
SUBCOMMITTEE.—

AND LIMITED MOBILITY ACCESS

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1

(A) ESTABLISHMENT.—Not later than 180

2

days after the date of the enactment of this

3

Act, the Secretary shall establish a Disability

4

and Limited Mobility Access Subcommittee to

5

develop voluntary best practices regarding high-

6

ly automated vehicle accessibility for people

7

with physical, sensory, or other disabilities, in-

8

cluding for those who rely on mobility devices.

9

(B) BEST

PRACTICES.—The

best practices

10

referred to in subparagraph (A) shall address

11

the physical accessibility of highly automated

12

vehicles and human-machine interface accessi-

13

bility through visual, auditory, or haptic dis-

14

plays or other methods.

15

(C) MEMBERSHIP.—The subcommittee es-

16

tablished under subparagraph (A) shall include

17

representatives from national organizations rep-

18

resenting individuals with disabilities and older

19

adults.

20

(3) CONSUMER

EDUCATION SUBCOMMITTEE.—

21

(A) ESTABLISHMENT.—Not later than 180

22

days after the date of the enactment of this

23

Act, the Secretary shall establish a Consumer

24

Education Subcommittee to focus on respon-

25

sible consumer education efforts to advance the

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1

safety of highly automated vehicles and vehicles

2

that perform partial driving automation.

3
4

(B) DUTIES.—The subcommittee established under subparagraph (A) shall—

5

(i) identify effective methods and ter-

6

minology for informing consumers for each

7

highly automated vehicle or vehicle that

8

performs partial driving automation about

9

the capabilities and limitations of that ve-

10

hicle, including whether that information is

11

based on or includes the terminology as de-

12

fined

13

J3016, published June 15, 2018;

by

SAE

International

standard

14

(ii) identify recommended education

15

and responsible marketing strategies and

16

programs that may be voluntarily employed

17

by industry to inform consumers, vehicle

18

owners and operators, and other stake-

19

holders about advanced driver assistance

20

systems, automated driving systems, and

21

partial driving automation as such tech-

22

nologies become available or are soon to be

23

introduced into interstate commerce;

24

(iii) identify recommended education

25

and responsible marketing strategies that

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1

may be voluntarily employed by industry to

2

inform consumers on the comparative safe-

3

ty of highly automated vehicle and non-

4

highly automated vehicles driven by human

5

with respect to crashes, fatalities, and

6

other injuries (if known); and

7

(iv) submit a report to the Secretary

8

containing the findings and recommenda-

9

tions of the subcommittee.

10

(C) CONSIDERATIONS.—The subcommittee

11

established under subparagraph (A) shall con-

12

sider topics pertaining to—

13

(i) intent, capabilities, and limitations

14

of advanced driver assistance systems and

15

automated driving systems;

16

(ii) engagement and disengagement

17

methods, including methods to monitor

18

and address driver engagement in lower

19

levels of automation;

20

(iii) human-machine interfaces;

21

(iv) emergency fallback scenarios;

22

(v) operational boundary responsibil-

23
24
25

ities;
(vi) response in the event of a crash
or system failure;

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1
2

(vii) potential mechanisms that could
change function behavior in service;

3

(viii) consistent nomenclature and tax-

4

onomy for safety features and systems;

5

and

6

(ix) disclosure of automated driving

7

system practices pertaining to consumer

8

data collection, privacy, and data owner-

9

ship.

10
11

(D) MEMBERSHIP.—
(i) IN

GENERAL.—The

Secretary shall

12

appoint, as members of the subcommittee

13

established under subparagraph (A), indi-

14

viduals with expertise in automated driving

15

systems and driver assistance systems, in-

16

cluding—

17
18
19

(I) representatives of—
(aa) motor vehicle manufacturers;

20

(bb) manufacturers of auto-

21

mated driving systems and driver

22

assistance

23

components);

24

systems

(including

(cc) motor vehicle dealers;

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1

(dd) motor vehicle owners

2

and operators, including fleet

3

managers, vehicle rental compa-

4

nies, and transportation network

5

companies;

6
7
8
9
10
11
12
13

(ee) consumers or consumer
advocacy groups;
(ff) automated vehicle proving grounds;
(gg) public health organizations;
(hh)

marketing

profes-

sionals;

14

(ii) entities with national ex-

15

perience in consumer education,

16

including drivers’ education;

17

(jj) safety organizations;

18

(kk)

19

companies; and

enabling

technology

20

(ll) national cross disability

21

organizations and national orga-

22

nizations

23

adults; and

24

(II) any other members the Sec-

25

representing

retary considers appropriate.

older

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1

(ii) CONSULTATION.—The Secretary

2

shall consult with the Federal Trade Com-

3

mission about the recommendations of the

4

subcommittee, as appropriate.

5

(E) TERMINATION.—The subcommittee es-

6

tablished under subparagraph (A) shall termi-

7

nate on the date that is 2 years after the date

8

on which the subcommittee is established.

9

(4)

10

HAV

DATA

ACCESS

ADVISORY

SUB-

COMMITTEE.—

11

(A) ESTABLISHMENT.—Not later than 180

12

days after the date of the enactment of this

13

Act, the Secretary shall establish the HAV

14

Data Access Advisory Subcommittee to provide

15

a forum for stakeholders to discuss and make

16

policy recommendations to Congress with re-

17

spect to the ownership of, control of, or access

18

to, information or data that vehicles collect,

19

generate, record, or store in an electronic form

20

that is retrieved from a highly automated vehi-

21

cle or automated driving system.

22
23

(B) MEMBERSHIP.—
(i)

VOTING

MEMBERS.—The

sub-

24

committee established under subparagraph

25

(A) shall be composed of—

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1
2

(I) the Secretary or the Secretary’s designee;

3

(II) the Chairman of the Federal

4

Trade Commission or the Chairman’s

5

designee;

6
7
8
9
10
11
12
13
14
15
16
17

(III) a representative of State
governments;
(IV) a representative of local governments;
(V) a representative of metropolitan planning organizations;
(VI) a representative of transit
agencies;
(VII) a representative of law enforcement;
(VIII) a representative of highly
automated vehicle manufacturers;

18

(IX) a representative of highly

19

automated vehicle equipment manu-

20

facturers;

21
22
23

(X) a representative of highly
automated vehicle dealers;
(XI)

a

representative

of

24

aftermarket parts manufacturers, dis-

25

tributors, and retailers;

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1
2

(XII) a representative of independent vehicle repairers;

3

(XIII) a representative of con-

4

sumer safety advocates with privacy

5

expertise;

6

(XIV) a representative of con-

7

sumer safety advocates with safety ex-

8

pertise;

9
10

(XV) a representative of property
and casualty insurers;

11

(XVI) a representative of long-

12

term motor vehicle fleet leasing and

13

management companies or profes-

14

sionals;

15

(XVII) a representative of short-

16

term motor vehicle fleet management

17

or rental companies;

18
19
20

(XVIII) a representative of mobility on demand companies; and
(XIX) a representative of motor

21

coach and tour bus owners.

22

(ii) NONVOTING

MEMBERS.—The

Sec-

23

retary may allow additional interested

24

stakeholders to attend and participate in

25

the activities of the subcommittee estab-

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1

lished under subparagraph (A) as non-

2

voting members.

3

(C) MEETINGS.—The subcommittee estab-

4

lished under subparagraph (A) shall meet not

5

less frequently than 4 times per year.

6

(D) REPORT.—

7

(i) IN

GENERAL.—Not

later than 2

8

years after the establishment of the sub-

9

committee under subparagraph (A), the

10

subcommittee shall submit a report to the

11

Committee on Commerce, Science, and

12

Transportation of the Senate and the

13

Committee on Energy and Commerce of

14

the House of Representatives that—

15

(I)

contains

recommendations,

16

supported by at least 2⁄3 of all voting

17

members, regarding—

18

(aa) the ownership of, con-

19

trol of, or access to, information

20

or data that vehicles collect, gen-

21

erate, record, or store in an elec-

22

tronic form that is retrieved from

23

a highly automated vehicle or

24

automated driving system;

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1

(bb) an owner’s or registered

2

user’s personally identifiable in-

3

formation;

4
5
6

(cc) vehicle-generated data;
and
(dd) vehicle interface capa-

7

bility; and

8

(II) may include minority views,

9

if applicable.

10

(ii) CONSIDERATIONS.—When making

11

any policy recommendations under clause

12

(i), the subcommittee shall give appro-

13

priate consideration to motor vehicle safe-

14

ty, intellectual property protections, com-

15

pliance with requirements under subtitle

16

VI of title 49, United States Code (49

17

U.S.C. 30101 et seq.), customer privacy,

18

cybersecurity, confidential business infor-

19

mation related to the mechanical or com-

20

puter systems of such vehicles, public safe-

21

ty, and transportation planning.

22

(E) SUPPORT.—The Office of Rulemaking

23

of the National Highway Traffic Safety Admin-

24

istration and the Bureau of Consumer Protec-

25

tion of the Federal Trade Commission shall

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1

provide support services to the subcommittee

2

established under subparagraph (A).

3
4
5

(F) FEDERAL

REGULATION OF HAV DATA

ACCESS.—

(i)

TEMPORARY

RULEMAKING

RE-

6

STRICTION.—No

7

trative agency of the Federal Government

8

may promulgate any regulation with re-

9

spect to the ownership of, control of, or ac-

10

cess to, information or data stored by, or

11

generated by, a highly automated vehicle

12

or automated driving system before the re-

13

port required under subparagraph (D) is

14

submitted to Congress.

15

(ii) SAVINGS

16

department or adminis-

PROVISIONS.—Nothing

in this subsection may be construed—

17

(I) to prevent the Federal Gov-

18

ernment from carrying out its respon-

19

sibilities under the Driver Privacy Act

20

of 2015 (49 U.S.C. 30101 note); or

21

(II) to alter any existing author-

22

ity under section 30166 of title 49,

23

United States Code, regarding the

24

Secretary’s

25

stored or generated by highly auto-

access

to

information

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1

mated vehicles or automated driving

2

systems.

3

(G) TERMINATION.—The subcommittee es-

4

tablished under subparagraph (A) shall termi-

5

nate upon the submission of the report required

6

under subparagraph (D).

7

(5) ADDITIONAL

SUBCOMMITTEES.—The

Sec-

8

retary may form subcommittees, as needed, to un-

9

dertake information gathering activities, develop

10

technical advice, and present best practices or rec-

11

ommendations to the Secretary regarding specific

12

issues described in subsection (e).

13

(g) AVAILABILITY

OF

REPORTS.—Recommendations

14 and reports of the Advisory Council and subcommittees
15 established under subsection (f)—
16

(1) shall also be submitted to the Committee on

17

Commerce, Science, and Transportation of the Sen-

18

ate and the Committee on Energy and Commerce of

19

the House of Representatives; and

20
21

(2) shall be made publicly available.
(h) FEDERAL ADVISORY COMMITTEE ACT.—The es-

22 tablishment and operation of the Advisory Council and
23 any subcommittee of the Advisory Council shall conform
24 to the requirements of the Federal Advisory Committee
25 Act (5 U.S.C. App.), except for section 14 of such Act.

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1

(i) TECHNICAL ASSISTANCE.—Upon the request of

2 the Advisory Council, the Secretary shall provide such
3 technical assistance to the Advisory Council as the Sec4 retary determines is necessary to carry out the Advisory
5 Council’s duties.
6

(j) DETAIL OF FEDERAL EMPLOYEES.—Upon the re-

7 quest of the Advisory Council, the Secretary may detail,
8 with or without reimbursement, any of the personnel of
9 the Department of Transportation to the Advisory Council
10 to assist the Advisory Council in carrying out its duties.
11 Any detail under this subsection shall not interrupt or oth12 erwise affect the civil service status or privileges of the
13 detailed Federal employee.
14

(k) PAYMENT

AND

EXPENSES.—Members of the Ad-

15 visory Council and the subcommittees established under
16 subsection (f) shall serve without pay.
17

(l) TERMINATION.—The Advisory Council shall ter-

18 minate on the date that is 6 years after the date of the
19 enactment of this Act.
20

SEC. 12. CONSUMER EDUCATION SAFETY RULEMAKING

21

FOR HIGHLY AUTOMATED VEHICLES AND

22

PARTIALLY AUTOMATED VEHICLES.

23

Not later than 3 years after the date of the enact-

24 ment of this Act, on review of the recommendations of
25 the Consumer Education Subcommittee under section

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65
1 11(f)(3), the Secretary shall initiate a rulemaking pro2 ceeding to require manufacturers to inform consumers of
3 the capabilities and limitations of a vehicle’s driving auto4 mation system or feature for any highly automated vehicle
5 or any vehicle that performs partial driving automation.
6
7

SEC. 13. TRAFFIC SAFETY AND LAW ENFORCEMENT.

(a) RESEARCH.—The Secretary, in coordination with

8 State and local transportation and highway safety entities,
9 State and local law enforcement entities, and other rel10 evant parties, including civil liberties and cybersecurity ex11 perts with respect to paragraph (2), shall research the
12 traffic safety implications of highly automated vehicles, in13 cluding—
14
15
16

(1) the intersection of conventional and highly
automated vehicles; and
(2) law enforcement impacts, including—

17

(A) enforcing applicable laws;

18

(B) identifying whether a vehicle was in

19

automated mode at the time of a crash;

20

(C) lawfully accessing crash data; and

21

(D) determining how a highly automated

22

vehicle may respond to law enforcement, includ-

23

ing the role and rights of any highly automated

24

vehicle passengers.

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1

(b) COORDINATION

OF

SAFETY.—The Secretary, in

2 coordination with State, local, and law enforcement agen3 cies, may develop a process for State and local entities
4 to provide information, on a voluntary basis, to the Sec5 retary to assist the Department of Transportation in iden6 tifying defects related to motor vehicle safety of highly
7 automated vehicles.
8
9

(c) CRASH DATA.—
(1) IN

GENERAL.—Not

later than 3 years after

10

the date of the enactment of this Act, the Secretary

11

shall revise the crash investigation data collection

12

system to include the collection of crash report data

13

elements that distinguish whether the vehicle in-

14

volved in a crash is a highly automated vehicle or a

15

vehicle performing partial driving automation, in-

16

cluding the level of automation and whether the

17

automated driving features were engaged at the time

18

of a crash.

19

(2) COORDINATION.—In carrying out para-

20

graph (1), the Secretary may coordinate with States

21

to update the Model Minimum Uniform Crash Cri-

22

teria to provide guidance to the States on the collec-

23

tion of information.

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1
2

SEC. 14. CYBERSECURITY.

(a) IN GENERAL.—Subchapter I of chapter 301 of

3 title 49, United States Code, as amended by section 9(a),
4 is further amended by adding at the end the following:
5 ‘‘§ 30108. Cybersecurity risks to the safety of highly
6
7

automated vehicles

‘‘(a) DEFINED TERM.—In this section, the term ‘cy-

8 bersecurity incident’ has the meaning given the term ‘sig9 nificant cyber incident’ in Presidential Policy Directive 41
10 (PPD–41), dated July 26, 2016.
11
12

‘‘(b) CYBERSECURITY PLAN.—
‘‘(1) IN

GENERAL.—Each

manufacturer of a

13

highly automated vehicle or automated driving sys-

14

tem shall develop, maintain, and execute a written

15

plan for identifying and reducing cybersecurity risks

16

to the motor vehicle safety of such vehicles and sys-

17

tems.

18
19

‘‘(2)

REQUIREMENTS.—The

plan

required

under paragraph (1) shall include a process for—

20

‘‘(A) the risk-based prioritized identifica-

21

tion and protection of safety-critical vehicle con-

22

trol systems and the broader transportation

23

ecosystem, as applicable;

24

‘‘(B) the efficient detection and response

25

to potential vehicle cybersecurity incidents in

26

the field;

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1
2

‘‘(C) facilitating expeditious recovery from
incidents as they occur;

3

‘‘(D) the institutionalization of methods

4

for the accelerated adoption of lessons learned

5

across industry through voluntary exchange of

6

information pertaining to cybersecurity inci-

7

dents, threats, and vulnerabilities, including the

8

consideration of a coordinated cybersecurity

9

vulnerability disclosure policy or other related

10

practices for collaboration with third-party cy-

11

bersecurity researchers;

12

‘‘(E) the identification of the point of con-

13

tact of the manufacturer with responsibility for

14

the management of cybersecurity;

15

‘‘(F) the evaluation of elements of the sup-

16

ply chain to identify and address cybersecurity

17

vulnerabilities;

18

‘‘(G) the use of segmentation and isolation

19

techniques in vehicle architecture design, as ap-

20

propriate;

21

‘‘(H) employee training on the implementa-

22

tion of and compliance with the requirements

23

under this paragraph; and

24

‘‘(I) considering consistency and alignment

25

with the cybersecurity risk management ap-

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1

proach described in section 2(e) of the National

2

Institute of Standards and Technology Act (15

3

U.S.C. 272(e)) or international consensus cy-

4

bersecurity standards.

5

‘‘(3) INSPECTION.—The Secretary may inspect

6

any cybersecurity plan developed by a manufacturer

7

under this subsection to enable the Secretary to de-

8

cide whether the manufacturer has complied, or is

9

complying, with this chapter or a regulation pre-

10

scribed or order issued pursuant to this chapter.

11

‘‘(4) PROTECTIONS

FOR

DISCLOSURE.—Each

12

manufacturer required to develop, maintain, and

13

execute a plan under paragraph (1) shall develop a

14

summary of the plan that is suitable for public dis-

15

closure and disclose such summary to the public.

16

‘‘(c)

17

ABILITY

COORDINATED

CYBERSECURITY

VULNER-

DISCLOSURE.—The Secretary may work coopera-

18 tively with manufacturers of highly automated vehicles
19 and automated driving systems to incentivize manufactur20 ers to voluntarily adopt a coordinated vulnerability disclo21 sure policy and practice in which a security researcher pri22 vately discloses information related to a discovered vulner23 ability to a manufacturer and allows the manufacturer
24 time to confirm and remediate the vulnerability—

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1

‘‘(1) so that manufacturers build relationships

2

with security researchers to mitigate cybersecurity

3

risks; and

4

‘‘(2) to discover and mitigate cybersecurity

5

vulnerabilities in highly automated vehicles or auto-

6

mated driving systems that present a risk to motor

7

vehicle safety (as defined in section 30102).

8

‘‘(d) COORDINATION.—All Federal agencies under-

9 taking research on cybersecurity risks associated with
10 highly automated vehicles shall coordinate with the Sec11 retary on their findings.’’.
12

(b) CLERICAL AMENDMENT.—The analysis for chap-

13 ter 301 of title 49, United States Code, is amended by
14 inserting after the item relating to section 30107, as
15 added by section 9(b), the following:
‘‘30108. Cybersecurity risks to the safety of highly automated vehicles.’’.

16

(c) EFFECTIVE DATE.—The amendments made by

17 this section shall take effect on the date that is 18 months
18 after the date of the enactment of this Act.
19
20
21
22

SEC. 15. DATA STUDY ON REMOVAL OF PERSONAL DATA
FROM VEHICLE INFORMATION SYSTEMS.

(a) STUDY.—
(1) IN

GENERAL.—The

Comptroller General of

23

the United States shall conduct a study of the tech-

24

nologies currently available to remove data that may

25

be personally identifiable or attributable to an indi-

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1

vidual from used motor vehicles upon their sale to

2

a new owner or from leased or rented vehicles at the

3

completion of the lease or rental contract.

4

(2) UNIFORM

DATA REMOVAL APPROACH.—The

5

study conducted under paragraph (1) shall assess

6

the feasibility of adopting a uniform and simple ap-

7

proach across vehicle brands for the removal of data

8

described in paragraph (1) when a vehicle is sold or

9

a lease or rental ends.

10

(3) CONSULTATION.—In conducting the study

11

under paragraph (1), the Comptroller General shall

12

consult with—

13

(A) vehicle manufacturers;

14

(B) consumer groups;

15

(C) vehicle dealers, including representa-

16

tives of the vehicle leasing and vehicle rental in-

17

dustry; and

18
19

(D) other stakeholders.
(b) REPORT.—Not later than 1 year after the date

20 of the enactment of this Act, the Comptroller General of
21 the United States shall submit a report to the Committee
22 on Commerce, Science, and Transportation of the Senate
23 and the Committee on Energy and Commerce of the
24 House of Representatives that contains the result of the

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1 study conducted under subsection (a), including rec2 ommendations regarding—
3

(1) the feasibility of adopting a uniform data

4

removal approach; and

5

(2) legislative action that the Comptroller Gen-

6

eral may consider prudent and practicable for facili-

7

tating the consistent removal of data described in

8

paragraph (1).

9

SEC. 16. CYBERSECURITY CONSUMER EDUCATION INFOR-

10
11

MATION.

(a) IN GENERAL.—Not later than 1 year after the

12 date of the enactment of this Act, the Secretary shall—
13

(1) develop educational cybersecurity resources

14

to assist consumers in maintaining awareness of and

15

minimizing potential motor vehicle cybersecurity

16

risks to passenger motor vehicles; and

17

(2) ensure that the resources developed under

18

paragraph (1) are available to and readily accessible

19

by the public on the website of the National High-

20

way Traffic Safety Administration.

21

(b) PERIODIC UPDATES.—The Secretary shall peri-

22 odically update the resources developed under subsection
23 (a).
24

(c) CONSULTATION.—In developing the resources

25 under subsection (a), the Secretary shall consult with

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1 motor vehicle industry representatives, safety organiza2 tions, security researchers, the National institute of
3 Standards and Technology, and State and local govern4 ment agencies that are directly or indirectly affected by
5 this Act.
6

SEC. 17. PROVISION OF CYBERSECURITY RESOURCE IN-

7

FORMATION.

8

Manufacturers of passenger motor vehicles shall in-

9 clude information directing consumers to the cybersecurity
10 resources developed by the Secretary under section 16 in
11 motor vehicle owners’ manuals or on the manufacturer’s
12 website that is publicly available and accessible to con13 sumers.
14

SEC. 18. HIGHLY AUTOMATED VEHICLE STUDY.

15

(a) IN GENERAL.—Not later than 60 days after the

16 date of enactment of this Act, the Secretary shall initiate
17 a study on the existing and future impacts of highly auto18 mated vehicles to transportation infrastructure, mobility,
19 the environment, and fuel consumption, including impacts
20 on—
21
22

(1) the Interstate System (as defined in section
101(a) of title 23, United States Code);

23

(2) urban areas;

24

(3) rural areas;

25

(4) transit systems;

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1

(5) corridors with heavy traffic congestion;

2

(6) energy consumption and dependence;

3

(7) the connection between automated driving

4

systems and fuel consumption and emissions;

5

(8) transportation systems optimization;

6

(9) the role of vehicle-to-vehicle and vehicle-to-

7

infrastructure communications in transportation en-

8

ergy use;

9
10
11
12
13

(10) vehicle drivetrain selection and performance;
(11) congestion, crash avoidance, and emissions
implications for States and localities; and
(12) any other areas or issues that the Sec-

14

retary determines to be appropriate.

15

(b) CONTENTS

OF

STUDY.—The study under sub-

16 section (a) shall include specific recommendations regard17 ing the impacts of highly automated vehicles on—
18

(1) existing transportation system capacity;

19

(2) vehicle miles traveled;

20

(3) vehicle emissions;

21

(4) public transit and multimodal use;

22

(5) energy consumption and dependence; and

23

(6) land use.

24

(c) CONSIDERATIONS.—In carrying out the study

25 under this section, the Secretary shall—

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1

(1) determine the need for any policy changes

2

required by Federal agencies and legislative changes

3

to be considered by Congress; and

4

(2) include a discussion of—

5

(A) the impacts that highly automated ve-

6

hicles will place on existing transportation in-

7

frastructure, including signage and markings,

8

traffic lights, and highway capacity and design;

9

(B) the implications of shared fleet and al-

10
11
12

ternative vehicle ownership models;
(C) the impact on commercial and private
traffic flows;

13

(D) infrastructure improvement needs that

14

may be necessary to accommodate highly auto-

15

mated

16

needs;

vehicles,

including

potential

energy

17

(E) the impact of highly automated vehi-

18

cles on the environment, energy needs, conges-

19

tion, and vehicle miles traveled; and

20

(F) the impact of highly automated vehi-

21

cles on mobility and public transit use in urban,

22

suburban, and rural areas, including pedestrian

23

and bicycle transportation modes.

24

(d) COORDINATION.—In carrying out the study under

25 this section, the Secretary shall consider and incorporate

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1 relevant current and ongoing research of the Department
2 of Transportation.
3

(e) CONSULTATION.—In carrying out the study under

4 this section, the Secretary shall convene and consult with
5 a panel of national experts, including—
6

(1) operators and users of the Interstate Sys-

7

tem (as defined in section 101(a) of title 23, United

8

States Code), including private sector stakeholders;

9

(2) States;

10

(3) metropolitan planning organizations;

11

(4) the motor carrier industry;

12

(5) representatives of public transportation

13

agencies or organizations;

14

(6) highway safety and academic groups;

15

(7) nonprofit entities with experience in energy

16

security and transportation policy;

17

(8) National Laboratories (as defined in section

18

2 of the Energy Policy Act of 2005 (42 U.S.C.

19

15801));

20

(9) environmental stakeholders; and

21

(10) highly automated vehicle producers, manu-

22

facturers, and technology developers.

23

(f) REPORT.—Not later than 18 months after the

24 date on which the study under this section is initiated,

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1 the Secretary shall submit a report to Congress containing
2 the results of the study.
3

(g) FACA.—The Federal Advisory Committee Act (5

4 U.S.C. App.) shall not apply to the panel convened in ac5 cordance with subsection (e).
6

SEC. 19. STUDY ON ENCOURAGING MANUFACTURING IN

7

THE UNITED STATES OF AUTOMATED DRIV-

8

ING EQUIPMENT AND INTELLIGENT TRANS-

9

PORTATION SOLUTIONS.

10

(a) IN GENERAL.—The Secretary shall conduct a

11 study on ways to encourage manufacturing in the United
12 States of automated driving equipment, intelligent trans13 portation solutions, and other equipment, including hard14 ware and processors.
15

(b) RECOMMENDATIONS.—In conducting the study

16 under subsection (a), the Secretary shall develop rec17 ommendations for methods to incentivize manufacturing
18 in the United States of automated driving equipment, in19 telligent transportation solutions, and other equipment, in20 cluding hardware and processors, including through the
21 use of grant programs and other funding sources.

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1

SEC. 20. PRIVACY PROTECTIONS FOR USERS OF MOTOR VE-

2
3

HICLES.

(a) MOTOR VEHICLE PRIVACY DATABASE.—Not

4 later than 1 year after the date of the enactment of this
5 Act, the Administrator of NHTSA shall—
6

(1) create a publicly accessible and easily

7

searchable online database that contains the infor-

8

mation submitted under subsection (b); and

9

(2) place a link to the database described in

10

paragraph (1) on the home page of NHTSA’s

11

website.

12

(b) DATABASE CONTENTS.—

13

(1) PRIVACY.—Not later than the later of 180

14

days after the date of the enactment of this Act or

15

180 days after the date on which a privacy practices

16

notice is made available in accordance with section

17

25, each person required to make available such no-

18

tice under that section shall submit to the Adminis-

19

trator of the National Highway Traffic Safety Ad-

20

ministration—

21

(A) a clear and concise summary of the

22

privacy policy of the person, including a de-

23

scription of each of the notice requirements de-

24

scribed in section 25(c), which shall be broken

25

out into separable elements by the notice re-

26

quirements under each paragraph of such sub-

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1

section to facilitate comparison between privacy

2

policies; and

3

(B) a link to the privacy policy.

4

(2) CYBERSECURITY.—The Secretary shall link

5

to the cybersecurity plans that are suitable for pub-

6

lic disclosure required under section 30108 of title

7

49, United States Code, and published under section

8

30110 of such title.

9
10
11

SEC. 21. CHILD SAFETY.

(a) AMENDMENT.—
(1) IN

GENERAL.—Chapter

323 of title 49,

12

United States Code, is amended by inserting after

13

section 32304A the following:

14 ‘‘§ 32304B. Child safety
15
16

‘‘(a) DEFINITIONS.—In this section:
‘‘(1) PASSENGER

MOTOR VEHICLE.—The

term

17

‘passenger motor vehicle’ has the meaning given that

18

term in section 32101.

19

‘‘(2) REAR

DESIGNATED SEATING POSITION.—

20

The term ‘rear designated seating position’ means

21

designated seating positions that are rearward of the

22

front seat.

23
24

‘‘(3) SECRETARY.—The term ‘Secretary’ means
the Secretary of Transportation.

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1

‘‘(b) RULEMAKING.—Not later than 2 years after the

2 date of the enactment of the American Vision for Safer
3 Transportation through Advancement of Revolutionary
4 Technologies Act, the Secretary shall issue a final rule re5 quiring all new passenger motor vehicles weighing less
6 than 10,000 pounds gross vehicle weight to be equipped
7 with a system to alert the operator to check rear des8 ignated seating positions after the vehicle engine or motor
9 is deactivated by the operator.
10

‘‘(c) MEANS.—The alert required under subsection

11 (b)—
12

‘‘(1) shall include a distinct auditory and visual

13

alert, which may be combined with a haptic alert;

14

and

15

‘‘(2) shall be activated when the vehicle motor

16

is deactivated by the operator.

17

‘‘(d) ADD-ON CHILD RESTRAINT SYSTEMS.—In

18 issuing the final rule required by subsection (b), the Sec19 retary shall consider additional technologies that work
20 with add-on child restraint systems that achieve the same
21 purpose of alerting the driver in addition to the vehicle22 based system.
23

‘‘(e) PHASE-IN.—The rule issued pursuant to sub-

24 section (b) shall require full compliance with the rule be25 ginning on September 1st of the first calendar year that

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1 begins more than 30 months after the date on which the
2 final rule is issued.’’.
3

(2) CLERICAL

AMENDMENT.—The

analysis for

4

chapter 323 of title 49, United States Code, is

5

amended by striking the item relating to section

6

32304A and inserting the following:
‘‘32304A. Consumer tire information and standards.
‘‘32304B. Child safety.’’.

7
8

(b) AWARENESS
CLES.—Section

OF

CHILDREN

IN

MOTOR VEHI-

402 of title 23, United States Code, is

9 amended by inserting after subsection (k) the following:
10
11

‘‘(l) UNATTENDED PASSENGERS.—
‘‘(1) IN

GENERAL.—Each

State may use a por-

12

tion of the amounts it receives under this section to

13

carry out a program to educate the public on the

14

risks of leaving a child or unattended passenger in

15

a vehicle after the vehicle motor is deactivated by

16

the operator.

17

‘‘(2) PROGRAM

PLACEMENT.—A

State does not

18

need to carry out the program described in para-

19

graph (1) through the State transportation or high-

20

way safety office.’’.

21

(c) STUDY AND REPORT.—

22

(1) INDEPENDENT

23

STUDY.—

(A) AGREEMENT.—

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1

(i) IN

GENERAL.—The

Secretary shall

2

enter into an agreement or a contract with

3

an independent third-party that does not

4

have any financial or contractual ties with

5

passenger motor vehicle manufacturers or

6

technology companies producing child re-

7

minder alert systems to perform the serv-

8

ices under this paragraph.

9

(ii)

TIMING.—The

Secretary

shall

10

enter into the agreement or contract de-

11

scribed in clause (i) not later than the date

12

that the Secretary determines is the latest

13

date by which completion of the services

14

under this paragraph will allow the Sec-

15

retary enough time to prepare and submit

16

the study required under paragraph (2) in

17

accordance with such paragraph.

18

(B) INDEPENDENT

19

(i) IN

STUDY.—

GENERAL.—Under

an agree-

20

ment between the Secretary and an inde-

21

pendent third-party under this paragraph,

22

the independent third-party shall carry out

23

a study on retrofitting existing passenger

24

motor vehicles, and add-on child restraint

25

systems, with technology to address the

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1

problem of children left in rear designated

2

seating positions of motor vehicles after

3

the motor vehicles have been deactivated

4

by the operator of the vehicle.

5

(ii) ELEMENTS.—In carrying out the

6

study required under clause (i), the inde-

7

pendent third-party shall—

8

(I) survey and evaluate a variety

9

of methods used by current and

10

emerging aftermarket technology or

11

products, including add-on child re-

12

straint systems, to solve the problem

13

of children being left in a rear des-

14

ignated seating position after the vehi-

15

cle motor is deactivated by the oper-

16

ator;

17

(II) make recommendations for

18

manufacturers of such technology or

19

products to undergo a functional safe-

20

ty performance to ensure that the

21

products, including add-on child re-

22

straint systems, perform as designed

23

by the manufacturer under a variety

24

of real world conditions; and

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1

(III)

provide

recommendations

2

for consumers on how to select such

3

technology or products in order to ret-

4

rofit existing vehicles and for add-on

5

child restraint systems.

6

(2) REPORT.—During the 180-day period be-

7

ginning on the date on which the Secretary issues

8

the final rule required under section 32304B(b) of

9

title 49, United States Code, as added by subsection

10

(a)(1), the Secretary shall submit the results of the

11

study carried out under paragraph (1) to the Com-

12

mittee on Commerce, Science, and Transportation of

13

the Senate and the Committee on Energy and Com-

14

merce of the House of Representatives.

15

SEC. 22. PARTIALLY AUTOMATED VEHICLE SAFETY EVAL-

16
17

UATION REPORT.

(a) IN GENERAL.—Subchapter I of chapter 301 of

18 title 49, United States Code, as amended by sections 9(a)
19 and 14(a), is further amended by adding at the end the
20 following:
21 ‘‘§ 30109. Partially automated vehicle report
22

‘‘(a) REQUIREMENT.—A manufacturer of a new par-

23 tially automated vehicle that is introduced into interstate
24 commerce after the effective date of this section shall sub25 mit a report to the Secretary immediately after selling,

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1 offering for sale, or otherwise commercializing such vehicle
2 that describes the capabilities and limitations of the vehi3 cle.
4

‘‘(b) CONTENTS.—The report required under sub-

5 section (a) shall describe—
6

‘‘(1) the capabilities and limitations of the vehi-

7

cle, including a description of the active safety sys-

8

tems and driving automation features;

9

‘‘(2) the human-machine interface, including

10

measures intended to ensure driver engagement at

11

all times and prevent misuse;

12
13

‘‘(3) efforts to educate consumers on the capabilities and limitations of the vehicle; and

14

‘‘(4) the manufacturer’s efforts to educate and

15

train the manufacturer’s marketing and sales forces,

16

dealers, and distributors to understand the vehicle’s

17

technology.

18

‘‘(c) PUBLIC AVAILABILITY.—

19

‘‘(1) IN

GENERAL.—Except

as provided in para-

20

graph (2), not later than 60 days after receiving a

21

report from a manufacturer under subsection (a),

22

the Secretary shall make such report available to the

23

public.

24
25

‘‘(2) EXCLUSIONS.—The Secretary may not
make publicly available any information that—

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1

‘‘(A) relates to a trade secret;

2

‘‘(B) is confidential business information;

3

or

4
5
6
7

‘‘(C) is privileged.
‘‘(d) SAVINGS PROVISIONS.—
‘‘(1) IN

GENERAL.—Nothing

in this section

may be construed—

8

‘‘(A) to amend, limit the authority of the

9

Secretary, or prohibit the use of the informa-

10

tion included in the report required under this

11

chapter; or

12

‘‘(B) to affect discovery, subpoena, other

13

court order, or any other judicial process other-

14

wise allowed under applicable Federal or State

15

law.

16

‘‘(2) LIMITATION.—The Secretary may not con-

17

dition the manufacture, testing, sale, offer for sale,

18

or introduction into interstate commerce of a par-

19

tially automated vehicle based on a review of the re-

20

port submitted under subsection (a).’’.

21

(b) CLERICAL AMENDMENT.—The analysis for chap-

22 ter 301 of title 49, United States Code, is amended by
23 inserting after the item relating to section 30108, as
24 added by section 14(b), the following:
‘‘30109. Partially automated vehicle report.’’.

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1

(c) EFFECTIVE DATE; SUNSET.—The amendments

2 made by this section—
3
4
5
6
7
8
9

(1) shall take effect on the date that is 90 days
after the date of the enactment of this Act; and
(2) shall be repealed on the effective date of the
rule issued pursuant to section 12(f).
SEC. 23. HIGHLY AUTOMATED VEHICLE ADOPTION AND
SAFETY IMPACTS.

(a) IN GENERAL.—Subchapter I of chapter 301 of

10 title 49, United States Code, as amended by sections 9(a),
11 14(a), and 22(a), is further amended by adding at the end
12 the following:
13
14
15

‘‘SEC. 30110. HIGHLY AUTOMATED VEHICLE ADOPTION AND
SAFETY IMPACTS.

‘‘(a) PUBLIC AVAILABILITY.—The Secretary shall

16 maintain, on a publicly available website of the Depart17 ment, Federal databases and information relevant to high18 ly automated vehicles, including—
19
20
21
22
23
24

‘‘(1) safety evaluation reports required under
section 30107;
‘‘(2) cybersecurity reports required under section 30108;
‘‘(3) exemption applications, approvals, and denials under section 30113;

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1
2
3
4
5
6

‘‘(4) reports of defects and noncompliances
under section 30166(f);
‘‘(5) reports of foreign safety recalls under section 30166(l);
‘‘(6) early warning information required under
section 30166(m)(3);

7

‘‘(7) information from the programs of the Na-

8

tional Center for Statistics and Analysis, including

9

the Fatality Analysis Reporting System, Special

10
11
12
13
14
15
16
17
18
19

Crash Investigations, and the State Data System;
‘‘(8) the rulemaking and safety priority plan required under section 10 of the AV START Act;
‘‘(9) the cybersecurity resources required under
section 16 of the AV START Act;
‘‘(10) the privacy database required under section 20 of the AV START Act;
‘‘(11) any reports issued or research findings
published; and
‘‘(12) any other source available to the Sec-

20

retary.

21

‘‘(b) DATA TRANSPARENCY.—

22

‘‘(1) IN

GENERAL.—The

Secretary shall peri-

23

odically report on the status of the deployment of

24

highly automated vehicles in the United States.

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‘‘(2) CONTENTS.—Each report under para-

2

graph (1) shall include, to the greatest extent pos-

3

sible based on the information available to the Sec-

4

retary—

5

‘‘(A) a list of the manufacturers intro-

6

ducing highly automated vehicles into interstate

7

commerce, including whether the vehicles are in

8

testing or in commercially available;

9
10

‘‘(B) an estimate of the number of highly
automated vehicles produced;

11

‘‘(C) an estimate of the number of fatali-

12

ties resulting from crashes involving a highly

13

automated vehicle;

14
15

‘‘(D) recalls for a highly automated vehicle
or an automated driving system;

16

‘‘(E) a discussion of how manufacturers

17

are addressing the subject areas of the safety

18

evaluation report required under section 30107;

19

‘‘(F) a discussion of the Federal motor ve-

20

hicle safety standards manufacturers are seek-

21

ing exemptions for highly automated vehicles

22

under section 30113 and the purposes for which

23

such exemptions are sought;

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‘‘(G) a comparison of the safety of a highly

2

automated vehicle with a conventional vehicle

3

that is driven by a human driver; and

4

‘‘(H) any other information the Secretary

5

considers relevant.

6

‘‘(3) DISCLOSURE.—The Secretary may provide

7

the information described in paragraph (2)—

8

‘‘(A) in the form of a separate report; or

9

‘‘(B) by including it in another motor vehi-

10

cle report that the Department is required to

11

submit to Congress, as appropriate.

12

‘‘(4) BIENNIAL

REPORTING.—If

the Secretary

13

does not report on any of the topics described in

14

paragraph (2) during any 2-year period, the Sec-

15

retary shall issue a separate report on such topic

16

‘‘(c) IMPLEMENTATION.—This section shall be imple-

17 mented in accordance with existing law and regulations
18 governing personal information and confidential business
19 information.’’.
20

(b) CLERICAL AMENDMENT.—The analysis for chap-

21 ter 301 of title 49, United States Code, is amended by
22 inserting after the item relating to section 30109, as
23 added by section 22(b), the following:
‘‘30110. Highly automated vehicle adoption and safety impacts.’’.

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2

SEC. 24. CYBERSECURITY TOOLS STUDY.

(a) DEFINED TERM.—In this section, the term ‘‘cy-

3 bersecurity incident’’ has the meaning given the term ‘‘sig4 nificant cyber incident’’ in Presidential Policy Directive 41
5 (PPD–41), dated July 26, 2016.
6

(b) STUDY; RECOMMENDATIONS.—

7

(1) STUDY.—Not later than 2 years after the

8

date of the enactment of this Act, the Secretary, in

9

consultation with the Director of the National Insti-

10

tute of Standards and Technology, shall submit to

11

Congress a comprehensive study of the methods for,

12

and feasibility of, determining—

13

(A) the current measures, guidelines, or

14

practices used to identify, protect, detect, re-

15

spond to, or recover from cybersecurity inci-

16

dents affecting the safety of a passenger motor

17

vehicle; and

18
19

(B) the following characteristics of a passenger motor vehicle:

20

(i) The extent to which the measures,

21

guidelines, or practices under subpara-

22

graph (A) are used.

23

(ii) The susceptibility to a cybersecu-

24

rity incident that affects the safety of a

25

passenger motor vehicle.

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(iii) The degree of cybersecurity risk

2

to the safety of a passenger motor vehicle.

3

(2) RECOMMENDATIONS.—After reviewing the

4

methods and feasibility for determining the charac-

5

teristics identified under the study under paragraph

6

(1), the Secretary shall make specific recommenda-

7

tions to Congress with respect to the need for—

8
9
10
11
12

(A) further development of existing methods for determining the characteristics; or
(B) the development of new methods for
determining the characteristics.
(c) REQUIRED CONSULTATION.—In carrying out the

13 study under subsection (b)(1), the Secretary and the Di14 rector of the National Institute of Standards and Tech15 nology shall consult with passenger motor vehicle industry
16 representatives, safety organizations, security researchers,
17 and State and local government agencies that are directly
18 or indirectly affected by the matters being studied under
19 subsection (b)(1).
20

(d) INFORMATION

FOR

CONSUMERS.—To the extent

21 feasible and in the public interest, based on the results
22 of the study conducted under subsection (b)(1) and the
23 activities under sections 16 and 17, as determined by the
24 Secretary, the Secretary shall—

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(1) identify or develop specific methods to assist

2

consumers in maintaining awareness of potential

3

passenger motor vehicle cybersecurity risks and pro-

4

vide information relating to the characteristics of

5

passenger motor vehicles in a manner that would as-

6

sist consumers in decisions relating to passenger

7

motor vehicle selection; and

8

(2) compile and furnish to the public, in a sim-

9

ple, easily accessible, and readily understandable

10

form, the information to be provided under para-

11

graph (1) to facilitate comparison among the various

12

makes and models of passenger motor vehicles with

13

respect to the characteristics of the passenger motor

14

vehicles studied.

15

(e) SUBSETS

OF

MOTOR VEHICLES.—The Secretary

16 may carry out the activities under this section with respect
17 to the subsets of passenger motor vehicles, including high18 ly automated vehicles or partially automated vehicles.
19
20
21

(f) PUBLIC REVIEW.—The Secretary shall—
(1) publish in the Federal Register the results
of the study under subsection (b)(1); and

22

(2) not later than 180 days before the date on

23

which the recommendations are submitted to Con-

24

gress under subsection (b)(2), provide for a period

25

of public comment on such recommendations.

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2
3
4
5
6
7
8
9
10
11
12

SEC. 25. PRIVACY PROTECTIONS FOR PASSENGER MOTOR
VEHICLES.

(a) DEFINITIONS.—In this section:
(1) COVERED

ENTITY.—The

term ‘‘covered en-

tity’’ means—
(A) a manufacturer (as defined in section
32101 of title 49, United States Code); or
(B) a transportation network company.
(2) COVERED

INFORMATION.—The

term ‘‘cov-

ered information’’ means information that—
(A) a passenger motor vehicle collects, generates, records, or stores in electronic form;

13

(B) may be retrieved by or on behalf of the

14

covered entity that manufactures for sale or

15

lease, imports into the United States, or other-

16

wise deploys for commercial use that passenger

17

motor vehicle; and

18
19
20

(C) links or is reasonably linkable to—
(i) a passenger motor vehicle owned
by an individual;

21

(ii) an individual who owns the pas-

22

senger motor vehicle from which the infor-

23

mation was collected; or

24
25
26

(iii) a registered user.
(3) REGISTERED

USER.—The

term ‘‘registered

user’’ means an individual who subscribes to or reg-

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isters for the use of technologies or services provided

2

for or made available through a passenger motor ve-

3

hicle.

4
5

(4) TRANSPORTATION

NETWORK COMPANY.—

The term ‘‘transportation network company’’—

6

(A) means a corporation, partnership, sole

7

proprietorship, or other entity, that uses a dig-

8

ital network to connect riders to drivers affili-

9

ated with the entity in order for the driver to

10

transport the rider using a vehicle owned,

11

leased, or otherwise authorized for use by the

12

driver to a location chosen by the rider; and

13

(B) does not include a shared-expense car-

14

pool or vanpool arrangement that is not in-

15

tended to generate profit for the driver.

16
17

(b) NOTICE.—
(1) IN

GENERAL.—A

covered entity that col-

18

lects covered information from a passenger motor ve-

19

hicle that is first introduced into interstate com-

20

merce on or after the date that is 120 days after the

21

date of the enactment of this Act may not manufac-

22

ture for sale or lease, import into the United States,

23

or otherwise deploy for commercial use any pas-

24

senger motor vehicle unless the covered entity has

25

made available a clear and conspicuous notice about

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the privacy practices of that covered entity associ-

2

ated with covered information collected from that

3

passenger motor vehicle.

4

(2) PUBLIC

AVAILABILITY.—A

copy of the no-

5

tice described in paragraph (1) shall be made avail-

6

able on a publicly available Internet website.

7

(c) NOTICE REQUIREMENTS.—A notice made avail-

8 able by a covered entity under subsection (b)(1) shall in9 clude—
10
11
12
13
14
15

(1) the types of covered information collected by
the covered entity;
(2) the purposes for which covered information
is collected, used, retained, shared, or sold;
(3) the types of entities with which the covered
entity may share covered information;

16

(4) the choices that a vehicle owner or reg-

17

istered user may have regarding covered informa-

18

tion, including—

19

(A) whether the vehicle owner and reg-

20

istered user can opt out of the collection, use,

21

retention, sharing, or selling of covered infor-

22

mation; and

23
24

(B) the mechanism for opting out, if available;

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3
4

(5) whether and how a vehicle owner or registered user may access covered information;
(6) the deletion, data minimization, retention,
or de-identification of covered information; and

5

(7) how a vehicle owner or registered user may

6

contact the covered entity to inquire about the infor-

7

mation practices of the covered entity with respect

8

to covered information.

9

(d) UNFAIR

OR

DECEPTIVE ACTS

OR

PRACTICES.—

10 A violation of this section shall be treated as an unfair
11 or deceptive act or practice in or affecting commerce for
12 purposes of section 5(a)(1) of the Federal Trade Commis13 sion Act (15 U.S.C. 45(a)(1)).
14

(e) POWERS

OF

FEDERAL TRADE COMMISSION.—

15 The Federal Trade Commission shall enforce this section
16 in the same manner, by the same means, and with the
17 same jurisdiction, powers, and duties as though all appli18 cable terms and provisions of the Federal Trade Commis19 sion Act (15 U.S.C. 41 et seq.) were incorporated into and
20 made a part of this section.
21

(f) SAVINGS PROVISION.—Nothing in this section

22 shall be construed to limit the authority of the Federal
23 Trade Commission under any other provision of law.

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2

SEC. 26. HEADLAMPS.

(a) RULEMAKING.—Not later than 2 years after the

3 date of the enactment of this Act, the Secretary shall issue
4 a final rule, with due consideration for any lead time nec5 essary for compliance, that revises the motor vehicle safety
6 standard regarding headlamps if the Secretary determines
7 that a revision of such standard meets the requirements
8 and considerations set forth in subsections (a) and (b) of
9 section 30111 of title 49, United States Code.
10

(b) REPORT.—If the Secretary determines that a re-

11 vision to the standard described in subsection (a) does not
12 meet the requirements and considerations set forth in the
13 subsections referred to in such subsection, the Secretary
14 shall submit a report describing the reasons for not revis15 ing the standard to the Committee on Commerce, Science,
16 and Transportation of the Senate and the Committee on
17 Energy and Commerce of the House of Representatives.
18

(c) SAVINGS CLAUSE.—The Secretary may satisfy

19 the requirement under subsection (a) by finalizing the Na20 tional Highway Traffic Safety Administration’s existing
21 rulemaking proceeding regarding headlamps.
22
23

SEC. 27. SAVINGS PROVISIONS.

Nothing in this Act may be construed—

24

(1) to alter any existing authority under sub-

25

title VI of title 49, United States Code, relating to

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motor vehicles with a gross vehicle weight of 10,001

2

pounds or more; or

3

(2) as Federal policy to prevent or prohibit any

4

individual from owning or operating a highly auto-

5

mated vehicle, regardless of the area in which the in-

6

dividual owns, operates, or intends to own or operate

7

the highly automated vehicle.