,,ii #aaeth ,,congress #ast ,session ,s4 #ahhe ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #bh1 #bjag ,mr4 ,thune 7for himself1 ,mr4 ,peters1 ,mr4 ,blunt1 and ,ms4 ,stabenow7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to support the development of highly automated vehicle safety technologies1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,american ,vision for ,safer ,transportation through ,advancement of ,revolutionary ,technologies ,act or the ,,av ,,start ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,definitions4 ,sec4 #c4 ,relationship to other laws4 ,sec4 #d4 ,expedited resolution of highly automated vehicles conflicts with standards4 ,sec4 #e4 ,highly automated vehicles testing4 ,sec4 #f4 ,highly automated vehicles exemptions4 ,sec4 #g4 ,inoperative controls4 ,sec4 #h4 ,levels of driving automation4 ,sec4 #i4 ,safety evaluation report4 ,sec4 #aj4 ,highly ,automated ,vehicles ,technical ,safety ,committee4 ,sec4 #aa4 ,highly automated vehicles rulemaking4 ,sec4 #ab4 ,consumer education4 ,sec4 #ac4 ,traffic safety and law enforcement4 ,sec4 #ad4 ,cybersecurity4 ,sec4 #ae4 ,savings provision4 #b4 ,definitions 7a7 ,in general ,in this ,act3 7#a7 ,automated driving system2 dedicated highly automated vehicle2 highly automated vehicle2 manufacturer2 motor vehicle2 motor vehicle equipment ,the terms automated driving system1 dedicated highly automated vehicle1 highly automated vehicle1 manufacturer1 motor vehicle1 and motor vehicle equipment have the meanings given such terms in section #cjajb of title #di1 ,united ,states ,code1 as amended by subsection 7b74 7#b7 ,,nhtsa ,the term ,,nhtsa means the ,national ,highway ,traffic ,safety ,administration4 7#c7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,motor vehicle safety chapter ,section #cjajb7;a7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#e7 through 7#ac7 as paragraphs 7#h7 through 7#af7 respectively2 7#b7 by redesignating paragraphs 7#c7 and 7#d7 as paragraphs 7#e7 and 7#f71 respectively2 7#c7 by redesignating paragraphs 7#a7 and 7#b7 as paragraphs 7#b7 and 7#c71 respectively2 7#d7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,automated driving system ,in describing a ,level #c1 #d1 or #e automated driving system 7as defined by ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf1 or subsequently adopted by the ,secretary71 the term automated driving system means the hardware and software that is collectively capable of performing the entire dynamic driving task on a sustained basis1 regardless of whether the system is limited to a specific operational design domain4 2 7#e7 by inserting after paragraph 7#c71 as redesignated1 the following3 7#d7 ,dedicated highly automated vehicle ,the term dedicated highly automated vehicle means a highly automated vehicle designed to be operated exclusively 7as defined by the ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf7 by a ,level #d or #e automated driving system 7as defined by the ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf1 or subsequently adopted by the ,secretary7 for all trips4 2 and 7#f7 by inserting after paragraph 7#f71 as redesignated1 the following3 7#g7 ,highly automated vehicle ,the term highly automated vehicle means a motor vehicle with a gross vehicle weight of #aj1jjj pounds or less that is equipped with a ,level #c1 #d1 or #e automated driving system 7as defined by ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf1 or subsequently adopted by the ,secretary74 4 #c4 ,relationship to other laws 7a7 ,in general ,section #cjajc of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7b71 to read as follows3 7b7 ,preemption 7#a7 ,highly automated vehicles ,no ,state or political subdivision of a ,state may maintain1 enforce1 prescribe1 or continue in effect any law or regulation regarding the design1 construction1 or performance of highly automated vehicles1 automated driving systems1 or components of automated driving systems unless such law or regulation is identical to a standard prescribed under this chapter4 7#b7 ,motor vehicle standard ,when a motor vehicle safety standard is in effect under this chapter1 a ,state or political subdivision of a ,state may prescribe or continue in effect a standard applicable to the same aspect of performance of a motor vehicle or motor vehicle equipment only if the standard is identical to the standard prescribed under this chapter4 7#c7 ,rules of construction 7,a7 ,in general ,nothing in this subsection may be construed to prohibit a ,state or a political subdivision of a ,state from maintaining1 enforcing1 prescribing1 or continuing in effect any law or regulation regarding registration1 licensing1 driving education and training1 insurance1 law enforcement1 crash investigations1 safety and emissions inspections1 congestion management of vehicles on the street within a ,state or political subdivision of a ,state1 or traffic unless the law or regulation is an unreasonable restriction on the design1 construction1 or performance of highly automated vehicles1 automated driving systems1 or components of automated driving systems4 7,b7 ,motor vehicle dealers ,nothing in this subsection may be construed to prohibit a ,state or political subdivision of a ,state from maintaining1 enforcing1 prescribing1 or continuing in effect any law or regulation regarding the sale1 distribution1 repair1 or service of highly automated vehicles1 automated driving systems1 or components of automated driving systems by a dealer1 manufacturer1 or distributor4 7,c7 ,conformity with ,federal law ,nothing in this subsection shall be construed to preempt1 restrict1 or limit a ,state or political subdivision of a ,state from acting in accordance with any other ,federal law4 7#d7 ,higher performance requirement ,however1 the ,united ,states ,government1 a ,state1 or a political subdivision of a ,state may prescribe a standard for a motor vehicle1 motor vehicle equipment1 highly automated vehicle1 or automated driving system obtained for its own use that imposes a higher performance requirement than that required by the otherwise applicable standard under this chapter4 7#e7 ,state enforcement ,a ,state may enforce a standard that is identical to a standard prescribed under this chapter4 2 and 7#b7 in subsection 7e71 to read as follows3 7e7 ,common law liability 7#a7 ,in general ,compliance with a motor vehicle safety standard prescribed under this chapter does not exempt a person from liability at common law4 7#b7 ,rule of construction ,nothing in this section shall be construed to preempt common law claims4 4 7b7 ,licensing ,notwithstanding section #cjajc of title #di1 ,united ,states ,code1 as amended by subsection 7a71 a ,state may not issue a motor vehicle operator's license for the operation or use of a dedicated highly automated vehicle in a manner that discriminates on the basis of disability 7as defined in section #c of the ,americans with ,disabilities ,act of #aiij 7#db ,u4,s4,c4 #abajb774 #d4 ,expedited resolution of highly automated vehicles conflicts with standards 7a7 ,definitions ,in this section3 7#a7 ,director ,the term ,director means the ,director of the ,john ,a4 ,volpe ,national ,transportation ,systems ,center of the ,department of ,transportation4 7#b7 ,dynamic driving task ,the term dynamic driving task has the meaning given the term by ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf4 7#c7 ,safety standard ,the term safety standard means a ,federal motor vehicle safety standard prescribed under chapter #cja of title #di1 ,united ,states ,code4 7b7 ,references to human drivers ,not later than #ahj days after the date of the enactment of this ,act1 the ,director or other designated entity1 after consultation with stakeholders1 shall prepare and submit to the ,secretary a report that identifies each provision1 requirement1 specification1 or procedure in a safety standard with a reference to features of the equipment that-- 7#a7 are necessary only for the performance of the dynamic driving task by a human driver2 7#b7 specify a location or reference point within a vehicle by reference to the position of a human driver2 or 7#c7 serve a purpose of providing information to1 or receiving input from1 a human driver engaged in performing the dynamic driving task4 7c7 ,substitution of conforming references to automated systems 7#a7 ,in general ,in each provision of the report prepared under subsection 7b7 identifying the text of a regulation from a safety standard1 a test procedure1 or a method for determining compliance with a safety standard1 the ,director or designated entity shall include-- 7,a7 an alternative reference to an automated system that is suitable for assessing1 through an objective test procedure1 the compliance of a dedicated highly automated vehicle1 or of a highly automated vehicle operating in automated mode1 with the safety standard2 or 7,b7 a determination that-- 7i7 the relevant regulatory text applies to features of the motor vehicle equipment that are only necessary for the performance of a dynamic driving task by a human driver2 and 7ii7 no alternative reference to an automated system is practicable4 7#b7 ,conditions ,in carrying out paragraph 7#a71 the ,director or designated entity-- 7,a7 shall ensure that all requirements remain objective and practicable2 7,b7 may not modify the purpose of any safety standard2 and 7,c7 may specify different references for-- 7i7 dedicated highly automated vehicles that are intended for human occupancy2 and 7ii7 dedicated highly automated vehicles that are not designed1 intended1 or marketed for human occupancy4 7d7 ,rulemaking 7#a7 ,commencement ,not later than #ij days after the date on which the ,director or designated entity submits the report under subsection 7b71 the ,secretary shall commence a rulemaking proceeding to incorporate the report by reference into the relevant safety standards1 except as provided in paragraph 7#c74 7#b7 ,final rule ,not later than #a year after the ,director or other entity submits the report under subsection 7b71 the ,secretary shall issue a final rule to incorporate the report by reference into the relevant safety standards1 except as provided in paragraph 7#c74 7#c7 ,alternative text ,if the ,secretary determines that one or more of the revisions to a regulation contained in the report submitted under subsection 7b7 is not objective1 is not practicable1 or does not meet the need for motor vehicle safety1 the ,secretary shall incorporate alternative regulatory text4 7#d7 ,incorporation by reference ,if the ,secretary does not complete the rulemaking proceeding under this subsection within #a year after the submission of the report under subsection 7b71 the revisions to regulations contained in such report shall be incorporated by reference into the relevant safety standards4 7e7 ,savings provision ,nothing in this section may be construed to prohibit the ,secretary from maintaining different test procedures for highly automated vehicles that retain the capability to be operated by a human driver when such vehicles are not operating in an automated mode4 #e4 ,highly automated vehicles testing ,section #cjaab7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#i71 by striking or at the end2 7#b7 in paragraph 7#aj7-- 7,a7 in the matter preceding subparagraph 7,a71 by inserting 7except for a highly automated vehicle7 after the introduction of a motor vehicle2 and 7,b7 in subparagraph 7,c71 by striking the period at the end and inserting 2 or2 and 7#c7 by adding at the end the following3 7#aa7 the introduction of a motor vehicle into interstate commerce solely for the purposes of testing1 evaluation1 or demonstration of a highly automated vehicle or automated driving system if-- 7,a7 the testing1 evaluation1 or demonstration of the vehicle is only conducted by employees1 agents1 or fleet management contractors of the manufacturer of the highly automated vehicle1 the automated driving system1 or any component thereof2 7,b7 such manufacturer agrees not to sell1 lease1 or offer for sale or lease1 the vehicle or system at the conclusion of the testing1 evaluation1 or demonstration2 and 7,c7 such manufacturer has submitted appropriate manufacturer identification information that is similar to information submitted by manufacturers subject to a ,federal motor vehicle safety standard under part #eff of title #di1 ,code of ,federal ,regulations1 before the commencement of such testing or evaluation4 4 #f4 ,highly automated vehicles exemptions 7a7 ,in general ,section #cjaac of title #di1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking this section1 and inserting the following3 8this section-- 7#a7 the term 2 7,b7 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following3 7#b7 the term new motor vehicle safety feature includes any feature that enables a highly automated vehicle or an automated driving system1 regardless of whether an exemption has already been granted for a similar feature on another model or models4 2 7#b7 in subsection 7b7-- 7,a7 by amending paragraph 7#b7 to read as follows3 7#b7 ,the ,secretary may begin a proceeding under this subsection when a manufacturer applies for an exemption or a renewal of an exemption4 ,the ,secretary shall publish notice of the application and provide an opportunity to comment4 ,an application for an exemption or for a renewal of an exemption shall be filed at a time and in the way1 and contain such information1 this section and the ,secretary require4 ,the ,secretary shall grant or deny an exemption for a highly automated vehicle not later than #ahj days after receiving an application for such exemption from a manufacturer4 2 and 7,b7 in paragraph 7#c77;,b77iv71 by inserting or introducing or delivering into interstate commerce after selling2 7#c7 in subsection 7d7-- 7,a7 by inserting 7#a7 after ,eligibility4--2 and 7,b7 by striking the second sentence and inserting the following3 7#b7 ,a manufacturer is eligible for an exemption under clause 7ii71 7iii71 or 7iv7 of subsection 7b77#c77;,b7 only if the ,secretary determines that-- 7,a7 the exemption is for not more than #b1ejj vehicles to be sold in the ,united ,states in any #ab-month period2 or 7,b7 the vehicle is a highly automated vehicle2 and 7i7 during the #ab-month period beginning on the date of the enactment of the ,,av ,,start ,act1 the exemption is for not more than #ej1jjj vehicles to be sold or introduced into interstate commerce in the ,united ,states2 7ii7 during the #ab-month period immediately following the period described in clause 7i71 the exemption is for not more than #ge1jjj vehicles to be sold or introduced into interstate commerce in the ,united ,states2 and 7iii7 during any #ab-month period following the period described in clause 7ii71 the exemption is for not more than #ajj1jjj vehicles to be sold or introduced into interstate commerce in the ,united ,states4 7,c7 ,a manufacturer of a highly automated vehicle may petition the ,secretary to expand the exemption under paragraph 7#b77;,b7 to more than #ajj1jjj vehicles in any #ab-month period after the exemption has been in place for #e years4 2 and 7#d7 in subsection 7e71 by inserting 1 unless the vehicle is a highly automated vehicle before the period at the end4 7b7 ,sunset ,a manufacturer's eligibility for an exemption from a provision1 clause1 sentence1 or paragraph in a motor vehicle safety standard under section #cjaac7;d77#b77;,b7 of title #di1 ,united ,states ,code1 as amended by subsection 7a71 shall end on the date on which a standard 7except for a standard promulgated under section #d of this ,act7 that amends the provision1 clause1 sentence1 or paragraph from which an exemption is sought takes effect1 with due consideration for any lead time specified for compliance4 #g4 ,inoperative controls ,section #cjabb7;b7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7#a7 before ,a manufacturer2 and 7#b7 by adding at the end the following3 7#b7 ,the prohibition under paragraph 7#a7 shall not apply to a manufacturer that intentionally allows a device or element of design installed on or in a motor vehicle or item of equipment in compliance with an applicable motor vehicle safety standard to be temporarily disabled during the time that an automated driving system is performing the entire dynamic driving task4 4 #h4 ,levels of driving automation 7a7 ,use of ,,sae ,international's taxonomy and definitions ,the ,secretary shall use the taxonomy and definitions for automated driving systems set forth in ,,sae ,international standard ,j#cjaf1 published on ,september #cj1 #bjaf1 for the various levels of automation for motor vehicles4 7b7 ,review 7#a7 ,in general ,the ,secretary-- 7,a7 shall review the taxonomy and definitions for automated driving systems set forth by ,,sae ,international to ensure that such taxonomy and definitions are clear and objective2 and 7,b7 may provide feedback to ,,sae ,international for potential updates4 7#b7 ,use of revised standard 7,a7 ,determination ,not later than #abj days after ,,sae ,international revises the standard referred to in subsection 7a71 the ,secretary1 after publishing notice of the revision in the ,federal ,register1 shall determine whether to adopt the revised standard to identify the various levels of automation for motor vehicles4 7,b7 ,effect of decision not to adopt the revised standard ,if the ,secretary decides not to adopt the revised standard-- 7i7 the ,secretary shall notify ,,sae ,international of the ,secretary's decision2 and 7ii7 the definitions referred to in subsection 7a7 shall remain in effect4 #i4 ,safety evaluation report 7a7 ,in general ,subchapter ,i of chapter #cja of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #cjajg4 ,highly automated vehicles safety evaluation report 7a7 ,in general 7#a7 ,requirement ,each manufacturer introducing a new highly automated vehicle or automated driving system into interstate commerce shall provide a safety evaluation report1 in accordance with this section1 that describes how the manufacturer is addressing the safety of such vehicle or system4 7#b7 ,submission ,each manufacturer described in paragraph 7#a7 shall-- 7,a7 submit a report to the ,secretary-- 7i7 upon testing a highly automated vehicle or automated driving system2 and 7ii7 not later than #ij days before selling1 offering for sale1 or otherwise commercializing a highly automated vehicle or automated driving system2 and 7,b7 annually submit1 until the vehicle or system is no longer being sold1 offered for sale1 or otherwise introduced into interstate commerce by the manufacturer or until the system is no longer being incorporated into new motor vehicles by the manufacturer1 an updated report to the ,secretary that-- 7i7 may disclose that no significant changes were made to the vehicle or system2 and 7ii7 shall provide aggregate results of any significant safety deviation from expected performance disclosed in the previous report4 7#c7 ,review ,the ,secretary-- 7,a7 shall review each report submitted under paragraph 7#b72 and 7,b7 may require that the manufacturer submit additional or clarifying information4 7#d7 ,limitation ,the ,secretary may not condition the manufacture1 testing1 sale1 offer for sale1 or introduction into interstate commerce of a highly automated vehicle or automated driving system based on a review of a safety evaluation report or additional information submitted under this section4 7b7 ,safety evaluation report subject areas ,each report submitted by a manufacturer under subsection 7a7 shall describe how the manufacturer is addressing1 through a documented assessment1 testing1 and validation process1 each of the subject areas described in paragraphs 7#a7 through 7#i74 7#a7 ,system safety ,the avoidance of unreasonable risks to safety1 including-- 7,a7 assurance that systems1 including hardware and software1 perform intended functions2 7,b7 the mitigation of unreasonable risks to safety caused by a malfunction of the automated driving system2 and 7,c7 sense of objects1 motorcyclists1 bicyclists1 pedestrians1 and animals in or crossing the path of travel through the automated driving system4 7#b7 ,data recording ,the collection by the vehicle of automated driving system performance information and incident and crash data-- 7,a7 to record the occurrence of malfunctions1 disengagements1 degradations1 or failures2 7,b7 to aid in the analysis of the cause of any issues described in subparagraph 7,a72 7,c7 to enable efforts to work with other entities to address data recording and sharing2 and 7,d7 with respect to event data recorder information1 that complies with the collection and sharing requirements under the ,,fast ,act 7,public ,law #aad-id74 7#c7 ,cybersecurity ,the minimization of cybersecurity risks to safety and the exchange of information about any vulnerabilities discovered from field incidents1 internal testing1 or external security research4 7#d7 ,human-machine interface 7,a7 ,the methods of informing the human driver or operator about whether the automated driving system is functioning properly4 7,b7 ,for a ,level #c vehicle1 the methods to address driver reengagement4 7,c7 ,the use of a human-machine interface by people with disabilities through visual1 auditory1 or haptic displays1 or other methods4 7#e7 ,crashworthiness ,practicable protection for all occupants given any planned seating positions or interior configurations4 7#f7 ,capabilities ,the capabilities and limitations of the highly automated vehicle or automated driving system4 7#g7 ,post-crash behavior ,the post-crash behavior of the highly automated vehicle or automated driving system if sensors or critical systems are damaged in a crash4 7#h7 ,account for applicable laws ,the account of applicable traffic laws and rules of the road1 based on operational design domain1 in the development of a highly automated vehicle or automated driving system4 7#i7 ,automation function 7,a7 ,the expected operational design domain in which the highly automated vehicle or automated driving system is designed to operate1 including any roadway and infrastructure assets required for the operation of the highly automated vehicle or automated driving system1 such as roadside equipment1 pavement markings1 signage1 and traffic signals1 and how it will respond if that operational design domain unexpectedly changes4 7,b7 ,the automated driving system's expected object and event detection and response capabilities1 including behavioral competencies and crash avoidance capability4 7,c7 ,the ability of the highly automated vehicle or automated driving system to transition to a minimal risk condition when a malfunction is encountered4 7,d7 ,the performance of the vehicle through the manufacturer's development and implementation of tests1 including simulation1 test track1 and on-road testing4 7c7 ,certification of inapplicable categories ,a manufacturer that is solely testing a vehicle or system may certify that one or more of the categories set forth in subsection 7b7 do not apply4 7d7 ,publicly available ,the ,secretary shall make any report submitted by a manufacturer under this section publicly available as soon as practicable1 except the ,secretary may not make publicly available any information relating to a trade secret or confidential business information1 or which is privileged4 ,the manufacturer may submit information related to a trade secret or confidential business information separately from the report4 7e7 ,official signature ,each report submitted by an entity under this section shall be reviewed by a senior official of the entity who-- 7#a7 is knowledgeable about the information contained in the report2 and 7#b7 shall certify that1 based on the official's knowledge1 the report does not contain any untrue statement of a material fact4 7f7 ,termination of obligation ,to disclose information 7#a7 ,in general ,a manufacturer's obligation to provide information on a specific category under subsection 7b7 shall end on the effective date of a motor vehicle safety standard applicable to the same aspect of vehicle or system performance as is covered by the category1 with due consideration for any lead time specified for compliance4 7#b7 ,effect of new standard ,in adopting any standard applicable to highly automated vehicle performance1 the ,secretary shall-- 7,a7 identify the category under subsection 7b7 to which the standard relates1 if any2 and 7,b7 specify what information is no longer required to be included in the report as a result of the new standard4 7g7 ,rule of construction 7#a7 ,submissions ,a manufacturer may submit a safety evaluation report for vehicles introduced into interstate commerce before the date of the enactment of the ,,av ,,start ,act4 7#b7 ,savings provisions ,nothing in this section may be construed to amend1 limit the authority1 or prohibit the use of the information included in the report under chapter #cja of title #di1 ,united ,states ,code4 4 7b7 ,clerical amendment ,the analysis for chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjajf the following3 #cjajg4 ,highly automated vehicles safety evaluation report4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ij days after the date of the enactment of this ,act4 #aj4 ,highly ,automated ,vehicles ,technical ,committee 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a ,highly ,automated ,vehicles ,technical ,committee 7referred to in this section as the ,committee7 to provide a forum for stakeholders to discuss1 prioritize1 and make technical recommendations for highly automated vehicle and automated driving system safety4 7b7 ,membership 7#a7 ,voting members ,the ,secretary-- 7,a7 shall appoint #ae voting members to the ,committee who-- 7i7 are specially qualified to serve on the ,committee because of their technical knowledge of automated driving systems1 vehicle-to-vehicle infrastructure systems1 or the impact of such systems on ,federal motor vehicle safety standards2 and 7ii7 shall include representatives of ,,sae ,international1 automated vehicle proving grounds designated by the ,department of ,transportation1 highly automated vehicle and automated driving system manufacturers1 safety organizations1 ,state and local government agencies1 and other organizations directly or indirectly impacted by ,,nhtsa regulations2 and 7,b7 may appoint new members to the ,committee at any time4 7#b7 ,compensation ,members of the ,committee shall serve without compensation4 7#c7 ,chairperson ,the ,secretary1 or the ,secretary's designee1 shall act as ,chairperson of the ,committee1 but will not have voting rights1 except to break a tie4 7c7 ,duties 7#a7 ,recommendations ,the ,committee shall provide consensus-based recommendations to the ,secretary on rulemaking1 policy1 and guidance regarding highly automated vehicle safety1 including-- 7,a7 the identification and creation of performance standards2 and 7,b7 the harmonization of national highly automated vehicle safety standards with international standards4 7#b7 ,scope ,the ,committee shall study issues relating to highly automated vehicles1 including-- 7,a7 system safety2 7,b7 automated steering and braking2 7,c7 crashworthiness for vehicles with unconventional seating positions or vehicles not intended for human occupancy2 7,d7 event data recording and data access and sharing2 7,e7 accessibility for people with physical1 sensory1 or other disabilities1 including for those who rely on mobility devices2 7,f7 potential conflicts with existing ,federal motor vehicle safety standards2 and 7,g7 any other issue the ,secretary considers appropriate4 7#c7 ,support ,the ,,nhtsa ,office of ,rulemaking and the ,,nhtsa ,office of ,vehicle ,safety ,research shall provide support services to the ,committee4 7#d7 ,meetings ,the ,committee shall meet not less frequently than #d times per year4 ,committee meetings shall be open to the public1 except in circumstances in which a meeting is likely to discuss-- 7,a7 internal personnel rules and practices of the ,,nhtsa2 7,b7 matters specifically exempted from disclosure by statute2 7,c7 trade secrets or confidential or privileged business information2 7,d7 matters involving criminal accusation or official censure2 7,e7 information of a personal nature that1 if disclosed1 would constitute an unwarranted invasion of personal privacy2 or 7,f7 investigatory records that might interfere with enforcement proceedings4 7#e7 ,working groups 7,a7 ,in general ,the ,committee may establish temporary working groups1 as necessary1 to address specific issues4 ,each working group shall include at least #a member who represents a manufacturer of highly automated vehicles or automated driving systems and other individuals who are subject matter experts on the issue before the working group4 7,b7 ,disability access ,the ,committee shall establish a working group to develop voluntary best practices regarding highly automated vehicle accessibility for people with physical1 sensory1 or other disabilities1 including for those who rely on mobility devices4 ,such best practices shall address the physical accessibility of highly automated vehicles and human-machine interface accessibility through visual1 auditory1 or haptic displays or other methods4 ,the working group shall include representatives from national organizations representing individuals with disabilities4 7d7 ,recommendations for highly automated vehicles 7#a7 ,in general ,on a periodic basis1 the ,committee shall release recommendations on voluntary standards regarding highly automated vehicle safety4 7#b7 ,work plan ,not later than #ahj days after the ,committee is established under subsection 7a71 the ,committee shall submit a work plan to the ,secretary for carrying out this section4 7#c7 ,report ,not later than #e years after the date of the enactment of this ,act1 the ,committee shall submit a report containing recommendations of consensus-based1 feasible1 and objective standards to the ,secretary for potential rulemaking governing highly automated vehicles that meet the need for motor vehicle safety4 7e7 ,consultation and publication of reports 7#a7 ,in general ,the ,secretary shall consult with the ,committee1 as appropriate1 on highly automated vehicle safety matters1 including the development and implementation of relevant policies1 programs1 and rulemaking4 7#b7 ,recommended agenda ,the ,secretary shall regularly provide recommendations to the ,committee regarding the agenda of the ,committee and areas in which ,committee activity would benefit and complement ,department of ,transportation efforts4 7#c7 ,reports ,the ,secretary shall make any report or recommendation developed under this section publicly available4 7f7 ,,faca ,the ,committee shall not be subject to the requirements under the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7g7 ,termination ,the ,committee shall terminate upon the submission of the final report required under subsection 7d77#c7 unless the ,secretary determines that the ,committee should continue4 #aa4 ,highly automated vehicles rulemaking 7a7 ,in general ,the ,secretary shall review and seek public comment on the recommendations for standards made by the ,highly ,automated ,vehicles ,technical ,committee under section #aj7;d77#c74 7b7 ,determination ,not later than #a year after the receipt of the recommendations referred to in subsection 7a71 the ,secretary shall-- 7#a7 make a determination whether to approve one or more of the recommendations1 based on an identified need for motor vehicle safety2 and 7#b7 begin a rulemaking proceeding on the recommendations approved pursuant to paragraph 7#a7 on the safety of highly automated vehicles4 7c7 ,rule of construction ,nothing in this section may be construed to restrict the authority of the ,secretary under section #cjaaa of title #di1 ,united ,states ,code4 ,any ,federal motor vehicle safety standard adopted pursuant to this section shall meet the requirements under such section #cjaaa4 #ab4 ,consumer education 7a7 ,establishment ,not later than #ahj days after the date of the enactment of this ,act1 the ,secretary shall establish a working group on responsible education efforts for advanced driver assist systems and automated driving systems4 7b7 ,duties ,the working group established under subsection 7a7 shall-- 7#a7 identify recommended education and responsible marketing strategies that may be voluntarily employed by industry to inform consumers1 vehicle owners and operators1 and other stakeholders about advanced driver assistance systems and automated driving systems as they become available or are soon to be introduced into interstate commerce2 and 7#b7 submit a report containing the findings and recommendations of the working group to ,congress and making such report available to the public4 7c7 ,considerations ,the working group shall consider topics pertaining to-- 7#a7 intent1 capabilities1 and limitations of advanced driver assistance systems and automated driving systems2 7#b7 engagement and disengagement methods1 including methods to address driver engagement in lower levels of automation2 7#c7 human-machine interfaces2 7#d7 emergency fallback scenarios2 7#e7 operational boundary responsibilities2 7#f7 response in the event of a crash or system failure2 7#g7 potential mechanisms that could change function behavior in service2 and 7#h7 consistent nomenclature and taxonomy for safety features and systems4 7d7 ,membership 7#a7 ,in general ,the ,secretary shall appoint1 as members of the working group1 individuals with expertise in automated driving systems and driver assistance systems1 including-- 7,a7 representatives of-- 7i7 motor vehicle manufacturers2 7ii7 manufacturers of automated driving systems and driver assistance systems 7including components72 7iii7 motor vehicle dealers2 7iv7 motor vehicle owners and operators1 including fleet managers1 vehicle rental companies1 and transportation network companies2 7v7 consumers or consumer advocacy groups2 7vi7 automated vehicle proving grounds designated by the ,department of ,transportation2 7vii7 public health organizations2 7viii7 marketing professionals2 7ix7 entities with national experience in consumer education2 and 7x7 enabling technology companies2 and 7,b7 any other members the ,secretary considers appropriate4 7#b7 ,compensation ,members of the working group shall serve without compensation4 7#c7 ,consultation ,the ,secretary shall consult with the ,federal ,trade ,commission about the recommendations of the working group1 as appropriate4 7e7 ,termination ,the working group established under this section shall terminate on the date that is #b years after the date of the enactment of this ,act4 #ac4 ,traffic safety and law enforcement 7a7 ,research ,the ,secretary1 in coordination with ,state and local transportation and highway safety entities1 ,state and local law enforcement entities1 and other relevant parties1 shall research the traffic safety implications of highly automated vehicles1 including-- 7#a7 the intersection of conventional and highly automated vehicles2 and 7#b7 law enforcement impacts1 including-- 7,a7 enforcing applicable laws2 7,b7 identifying whether a vehicle was in automated mode at the time of a crash2 7,c7 lawfully accessing event data information2 and 7,d7 determining how a highly automated vehicle should respond to law enforcement4 7b7 ,coordination of safety ,the ,secretary1 in coordination with ,state1 local1 and law enforcement agencies1 may develop a process for ,state and local entities to provide information1 on a voluntary basis1 to the ,secretary to assist the ,department of ,transportation in identifying defects related to motor vehicle safety of highly automated vehicles4 7c7 ,crash data ,not later than #c years after the date of the enactment of this ,act1 the ,secretary shall revise the crash investigation data collection system to include the collection of crash report data elements that distinguish whether the vehicle involved in a crash is a highly automated vehicle1 including the level of automation and whether the vehicle was in automated mode at the time of a crash4 #ad4 ,cybersecurity 7a7 ,in general ,subchapter ,i of chapter #cja of title #di1 ,united ,states ,code1 as amended by section #i1 is further amended by adding at the end the following3 #cjajh4 ,cybersecurity risks to the safety of highly automated vehicles 7a7 ,definitions ,in this section3 7#a7 ,cybersecurity incident ,the term cybersecurity incident has the meaning given the term incident in section #bbg7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adh7;a774 7#b7 ,cybersecurity risk ,the term cybersecurity risk has the meaning given the term in section #bbg7;a7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #adh7;a774 7#c7 ,cybersecurity vulnerability ,the term cybersecurity vulnerability has the meaning given the term security vulnerability in section #ajb of the ,cybersecurity ,information ,sharing ,act of #bjae 7#f ,u4,s4,c4 #aeja74 7b7 ,cybersecurity plan 7#a7 ,in general ,each manufacturer of a highly automated vehicle or automated driving system shall develop1 maintain1 and execute a written plan for identifying and reducing cybersecurity risks to the motor vehicle safety of such vehicles and systems4 7#b7 ,requirements ,the plan required under paragraph 7#a7 shall include a process for-- 7,a7 the risk-based prioritized identification and protection of safety-critical vehicle control systems and the broader transportation ecosystem1 as applicable2 7,b7 the efficient detection and response to potential vehicle cybersecurity incidents in the field2 7,c7 facilitating expeditious recovery from incidents as they occur2 7,d7 the institutionalization of methods for the accelerated adoption of lessons learned across industry through voluntary exchange of information pertaining to cybersecurity incidents1 threats1 and vulnerabilities1 including the consideration of a coordinated cybersecurity vulnerability disclosure policy or other related practices for collaboration with third-party cybersecurity researchers2 7,e7 the identification of the point of contact of the manufacturer with responsibility for the management of cybersecurity2 7,f7 the use of segmentation and isolation techniques in vehicle architecture design1 as appropriate2 and 7,g7 supporting voluntary efforts by industry and standards-setting organizations to develop and identify consistent standards and guidelines relating to vehicle cybersecurity1 consistent1 and to the extent appropriate1 with the cybersecurity risk management activities described in section #b7;e7 of the ,national ,institute of ,standards and ,technology ,act 7#ae ,u4,s4,c4 #bgb7;e774 7#c7 ,inspection ,the ,secretary may inspect any cybersecurity plan developed by a manufacturer under this subsection to enable the ,secretary to decide whether the manufacturer has complied1 or is complying1 with this chapter or a regulation prescribed or order issued pursuant to this chapter4 7#d7 ,protections for disclosure ,the ,secretary may1 by notice and comment rulemaking1 establish a requirement that manufacturers subject to subsection 7b7 develop a summary of its plan that is suitable for public disclosure1 as appropriate4 7c7 ,coordinated cybersecurity vulnerability disclosure ,the ,secretary may work cooperatively with manufacturers of highly automated vehicles and automated driving systems to incentivize manufacturers to voluntarily adopt a coordinated vulnerability disclosure policy and practice in which a security researcher privately discloses information related to a discovered vulnerability to a manufacturer and allows the manufacturer time to confirm and remediate the vulnerability-- 7#a7 so that manufacturers build relationships with security researchers to mitigate cybersecurity risks2 and 7#b7 to discover and mitigate cybersecurity vulnerabilities in highly automated vehicles or automated driving systems that present a risk to motor vehicle safety 7as defined in section #cjajb of title #di1 ,united ,states ,code74 7d7 ,coordination ,all ,federal agencies undertaking research on cybersecurity risks associated with highly automated vehicles shall coordinate with the ,secretary on their findings4 4 7b7 ,clerical amendment ,the analysis for chapter #cja of title #di1 ,united ,states ,code1 is amended by inserting after the item relating to section #cjajg1 as added by section #i1 the following3 #cjajh4 ,cybersecurity risks to the safety of highly automated vehicles4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #ah months after the date of the enactment of this ,act4 #ae4 ,savings provision ,nothing in this ,act may be construed to alter any existing authority under subtitle ,,vi of title #di1 ,united ,states ,code1 relating to motor vehicles with a gross vehicle weight of #aj1jja pounds or more4