[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7390 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7390
To amend title 49, United States Code, regarding the authority of the
National Highway Traffic Safety Administration over vehicles with
automated driving systems to provide safety measures for such vehicles,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2026
Mr. Latta introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committee on
Foreign Affairs, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 49, United States Code, regarding the authority of the
National Highway Traffic Safety Administration over vehicles with
automated driving systems to provide safety measures for such vehicles,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Safely Ensuring
Lives Future Deployment and Research In Vehicle Evolution Act of 2026''
or the ``SELF DRIVE Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Updated or new motor vehicle safety requirements for vehicles
with automated driving systems.
Sec. 4. Motor vehicle testing or evaluation.
Sec. 5. Make inoperative.
Sec. 6. Protecting the security of connected vehicles.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure continued United States
leadership in the global automotive and autonomous driving sector,
improve road safety, mobility, and accessibility, and create American
jobs by creating rules and regulations that relate to the design,
construction, and performance of ADS-equipped vehicles and by
encouraging the testing and deployment of such vehicles.
SEC. 3. UPDATED OR NEW MOTOR VEHICLE SAFETY REQUIREMENTS FOR VEHICLES
WITH AUTOMATED DRIVING SYSTEMS.
(a) In General.--Subchapter II of chapter 301 of subtitle VI of
title 49, United States Code, is amended by adding at the end the
following:
``Sec. 30130. Motor vehicle safety standards for automated driving
systems
``(a) Definitions.--
``(1) In general.--Except as provided in paragraph (2), in
this section and sections 30103, 30112, 30122, and 30131:
``(A) ADS-dedicated vehicle.--The term `ADS-
dedicated vehicle' means an ADS-equipped vehicle
designed to be operated exclusively by a Level 4 or
Level 5 automated driving system in driverless
operation under any routine or normal operating
condition during any trip within the operational design
domain of the vehicle.
``(B) ADS-equipped vehicle.--The term `ADS-equipped
vehicle' means any motor vehicle equipped with an
automated driving system.
``(C) Automated driving system; ads.--The terms
`automated driving system' and `ADS'--
``(i) mean the hardware and software that
are collectively capable of performing the
entire dynamic driving task on a sustained
basis, regardless of whether such system is
limited to a specific operational design
domain; and
``(ii) include only a system that meets the
definition of Level 3, Level 4, or Level 5
automation.
``(D) DDT fallback.--The term `DDT fallback' means,
after a DDT performance-relevant system failure or upon
the exit of an ADS-equipped vehicle from the
operational design domain of that vehicle--
``(i) the response by the in-vehicle
fallback-ready user to perform the dynamic
driving task or to achieve an MRC; or
``(ii) the response by an automated driving
system to achieve an MRC.
``(E) DDT performance-relevant system failure.--The
term `DDT performance-relevant system failure' means a
malfunction in an ADS, another vehicle system, or both
that prevents the ADS from reliably performing the DDT
on a sustained basis.
``(F) Dynamic driving task; ddt.--The terms
`dynamic driving task' and `DDT'--
``(i) mean all of the real-time operational
and tactical function required to operate a
motor vehicle in on-road traffic;
``(ii) exclude any strategic function, such
as trip scheduling and selection of a
destination or waypoint; and
``(iii) include--
``(I) lateral vehicle motion
control through steering;
``(II) longitudinal motion control
through acceleration and deceleration;
``(III) monitoring of the driving
environment through object and event
detection, recognition, classification,
and response preparation;
``(IV) object and event response
execution;
``(V) maneuver planning; and
``(VI) enhancement of conspicuity
through lighting, sounding the horn,
signaling, gesturing, or another
indicator.
``(G) Fallback-ready user.--The term `fallback-
ready user' means a user of a motor vehicle equipped
with an engaged Level 3 ADS feature who--
``(i) is properly qualified and able to
operate the vehicle; and
``(ii) is receptive to an ADS-issued
request to intervene and to evident DDT
performance-relevant system failure in the
vehicle.
``(H) In-vehicle fallback-ready user.--The term
`in-vehicle fallback-ready user' means a fallback-ready
user who is seated in the driver's seat.
``(I) Level 3; level 4; level 5.--The terms `Level
3', `Level 4', and `Level 5' have the meaning given
those terms in the April 2021 edition of the J3016
recommended practice of SAE International, `Taxonomy
and Definitions for Terms Related to Driving Automation
Systems for On-Road Motor Vehicles'.
``(J) Minimal risk condition; mrc.--The terms
`minimal risk condition' and `MRC' mean a stable,
stopped condition to which an in-vehicle fallback-ready
user or an ADS may bring a motor vehicle after
performing the DDT fallback in order to reduce the risk
of a crash when a trip cannot or should not be
continued.
``(K) Operational design domain; odd.--The terms
`operational design domain' and `ODD' mean the
operating conditions under which an ADS, or feature
thereof, is specifically designed to function,
including any environmental, geographical, and time-of-
day restriction, or the requisite presence or absence
of certain traffic or roadway characteristics.
``(L) Secretary.--The term `Secretary' means the
Secretary of Transportation, acting through the
Administrator of the National Highway Traffic Safety
Administration.
``(M) Vulnerable road user.--The term `vulnerable
road user'--
``(i) means an individual who is present on
or in close proximity to a road but is not an
occupant of a motor vehicle with more than 3
wheels; and
``(ii) includes a pedestrian, bicyclist,
motorcyclist, individual in a wheelchair, and a
rider or occupant of any other transport
vehicle that is not a motor vehicle, such as an
all-terrain vehicle or tractor.
``(2) Update to definitions.--
``(A) Use of sae international definitions.--The
Secretary shall use any definition set forth in April
2021 edition of the J3016 recommended practice of SAE
International, `Taxonomy and Definitions for Terms
Related to Driving Automation Systems for On-Road Motor
Vehicles' for any term defined in paragraph (1).
``(B) Review.--
``(i) In general.--Not later than 180 days
after the date on which any definition for an
automated driving system described in
subparagraph (A) is released by SAE
International, the Secretary--
``(I) shall publish in the Federal
Register a review on the clarity and
objectivity of such definition; and
``(II) may provide feedback to SAE
International with suggestions for
updates to any such definition.
``(ii) Use of revised standard.--
``(I) Determination.--Not later
than 120 days after the date on which
SAE International revises a definition
described in subparagraph (A), the
Secretary, after publishing notice of
the revision in the Federal Register,
shall determine whether to revise any
term defined in paragraph (1).
``(II) Effect of decision not to
adopt a revised definition.--If the
Secretary decides not to adopt a
revised definition--
``(aa) the Secretary shall
notify SAE International of the
decision by the Secretary; and
``(bb) the definitions
described in subparagraph (A)
shall remain in effect.
``(b) Automated Driving System Requirements.--
``(1) In general.--
``(A) Safety case required.--A manufacturer may not
manufacture for sale, sell, offer for sale, introduce
or deliver for introduction into interstate commerce,
or import into the United States any automated driving
system or ADS-equipped vehicle unless the manufacturer
has developed a safety case for the automated driving
system or ADS-equipped vehicle that meets the
requirements described in paragraph (3).
``(B) Regulations and procedures.--Consistent with
paragraphs (3), (4), and (5), the Secretary may
prescribe regulations to establish--
``(i) objective content requirements for a
safety case; and
``(ii) procedures for manufacturers to
certify the completion of a safety case and
provide the safety case to the Secretary upon
request under section 30166.
``(C) Modification of ads competencies by
secretary.--The Secretary may prescribe motor vehicle
safety standards that define, modify, or interpret the
ADS competencies described in paragraph (5).
``(2) Safety standard to require safety case.--
``(A) Safety standard.--Not later than September
30, 2027, the Secretary of Transportation shall issue a
final rule that prescribes a motor vehicle safety
standard under section 30111 that requires each
manufacturer that manufactures for sale, sells, offers
for sale, introduces or delivers for introduction in
interstate commerce, or imports into the United States
an ADS-equipped vehicle or an automated driving system
intended for installation in a motor vehicle not
originally equipped with such system to--
``(i) complete a safety case described in
paragraph (3) for each ADS version produced by
the manufacturer that meets the requirements
described in this section; and
``(ii) provide the safety case to the
Secretary upon request under section 30166.
``(B) Deadline.--If the Secretary does not meet the
deadline described in subparagraph (A), the Secretary
shall submit to the Committee on Energy and Commerce of
the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate a
report that describes the reasons why the deadline was
not met.
``(C) Special rule.--Any motor vehicle safety
standard issued under this paragraph supersedes any
conflicting requirement under paragraph (1).
``(3) Requirements for safety case.--A safety case
described in paragraphs (1) and (2) shall provide claims,
supported by arguments and evidence, that support the
conclusion of the manufacturer that the design, construction,
and performance of the automated driving system to be used in
an ADS-equipped vehicle will not present an unreasonable risk
of accidents, death, or injury, and shall include:
``(A) A description of each hardware and software
element of the ADS that includes the following:
``(i) Braking, steering, and computing
capability.
``(ii) Redundancies.
``(iii) Each capability of the suite of
sensors of the ADS.
``(iv) The integration of the ADS into the
vehicle platform, including its propulsion
system.
``(B) A complete description of the operational
design domain of the ADS and how the ADS performs each
element of the dynamic driving task within the ODD of
the ADS.
``(C) Each engineering methodology, including each
hazard analysis used to design and assess the
performance of the ADS and ensure motor vehicle safety.
``(D) Analysis of the safety performance of the ADS
that uses the methodology described in subparagraph
(C), including each competency in normal driving and
crash avoidance capability and the acceptance criteria
used by the manufacturer in assessing such performance.
``(E) An explanation of how the ADS anticipates and
responds to any potential crash.
``(F) A description of any vehicle-integrated
system that provides a visual or digital hazard that
alerts a nearby road user when the vehicle executes or
enters a minimal risk condition, including any system
that automatically activates a high-conspicuity
lighting pattern, transmits a digital hazard message,
or both, to any connected vehicle and roadway
infrastructure.
``(G) An explanation of how the ADS-equipped
vehicle meets each competency listed in paragraph (5).
``(4) ADS competencies.--The competencies described in this
paragraph are the following:
``(A) An ADS can perform the entire DDT within the
ODD of the ADS and is able to recognize the boundaries
of its ODD.
``(B) An ADS can detect and respond appropriately
to any vulnerable road user likely to be present and in
proximity to the ADS in the relevant ODD.
``(C) In the case of a Level 3 ADS, the ADS has the
ability to clearly and unambiguously communicate ADS
status and whether a user is a fallback ready user and,
during any transfer of control to the fallback-ready
user, to provide sufficient lead time for the fallback-
ready user to safely assume the DDT and safely maintain
vehicle control until the fallback-ready user has
assumed control and the transfer is completed.
``(D) In the case of a Level 4 and Level 5 ADS, the
ADS has the ability to safely achieve an MRC when
necessary.
``(E) An ADS can detect the limits of the ODD of
the ADS and respond appropriately when 1 or more
conditions of the ODD are no longer met, whether by
achieving an MRC or, in the case of a Level 3 ADS,
alerting the fallback-ready user to intervene and
assume control of the DDT.
``(F) An ADS is can detect and respond to any
object or event, including emergency vehicles,
emergency personnel, and school buses likely to be
present and in proximity to the ADS in the relevant ODD
and relevant to any driving decision of the ADS.
``(G) An ADS can comply with any applicable State
or local traffic law and any law relevant to the
performance of the DDT.
``(H) A description of a cybersecurity plan that
includes the following:
``(i) A written cybersecurity policy with
respect to the practices of the manufacturer to
detect and respond to cyber attacks,
unauthorized intrusions, and false vehicle
control commands.
``(ii) A process to identify, assess, and
mitigate reasonably foreseeable cyber risks
related to motor vehicle safety from cyber
attacks or unauthorized intrusions, including
false and malicious vehicle control commands.
``(iii) A process to take preventive and
corrective action to mitigate against
reasonably foreseeable cyber risks related to
motor vehicle safety in an automated driving
system or ADS-equipped vehicle, including
incident response plans, unauthorized intrusion
detection and prevention systems that safeguard
key controls, systems, and procedures through
testing or monitoring, and updates to such
process based on changed circumstances.
``(5) Report required.--Not later than four years after
enactment of this Act, the Secretary shall submit a report to
the House Commerce on Energy and Commerce and Senate Committee
on Commerce, Science, and Transportation that shall include
recommendations for potentially needed new standards specific
to ADS and ADS-equipped vehicles that the Secretary finds
necessary to promulgate under 49 U.S.C. 30111.
``(c) Manual Controls.--
``(1) Requirements.--A manufacturer may not sell, offer for
sale, introduce or deliver for introduction into commerce, or
import into the United States any ADS-dedicated vehicle that is
configured or subsequently altered to carry 1 or more
occupants, unless the vehicle is equipped to--
``(A) provide an occupant inside of the vehicle
with the means from within the vehicle to command that
the ADS safely achieve an MRC; and
``(B) after the vehicle has achieved an MRC, allow
the occupant to safely exit the vehicle.
``(2) Exemption from motor vehicle safety standards.--
``(A) Manually operated controls and equipment.--If
a vehicle is equipped with the system described in
paragraph (1), a motor vehicle safety standard issued
under section 30111 may not require the manufacturer to
equip the vehicle with manually operated controls and
equipment intended only to support a human driver in an
ADS-dedicated vehicle.
``(B) Vehicle configured to carry property.--A
motor vehicle safety standard issued under section
30111 may not be applied to require a manufacturer of
an ADS-dedicated vehicle configured solely to carry
property and not one or more occupants to comply with
the standard by equipping the vehicle with manually
operated controls and equipment intended only to
support a human driver in an ADS-dedicated vehicle.
``Sec. 30131. National Automated Vehicle Safety Data Repository
``(a) Definitions.--In this section:
``(1) Covered crash.--The term `covered crash' means a
crash on a publicly accessible road in the United States--
``(A) that involves--
``(i) a fatality;
``(ii) an injury that results in a person
being transported from the scene of the crash
to a hospital for medical treatment;
``(iii) an airbag deployment;
``(iv) a strike of a vulnerable road user;
``(v) the towing of a vehicle; and
``(B) in which the automated driving system was
engaged at any time during the period from 30 seconds
immediately prior to the commencement of the crash
through the conclusion of the crash.
``(2) Repository.--The term `repository' means the National
Automated Vehicle Safety Data Repository established pursuant
to subsection (b).
``(3) State transportation regulatory agency.--The term
`State transportation regulatory agency' means a department of
motor vehicles, department of transportation, or equivalent
State or local agency.
``(b) Rulemaking Required.--Not later than September 30, 2026, the
Secretary of Transportation shall issue a final rule that includes the
following:
``(1) The establishment of a National Automated Vehicle
Safety Data Repository to receive and store data from a covered
crash from manufacturers of automated driving systems and from
manufacturers of ADS-equipped vehicles.
``(2) A requirement, stated in objective terms, for such
manufacturers to report to the Secretary for inclusion in the
repository, not later than 30 days after the date on which a
covered crash occurs or 10 days after the date on which a
manufacturer receives notice of such crash, whichever is later,
specific information known to the manufacturer about the crash
that includes the following:
``(A) The time and location.
``(B) Each vehicle involved.
``(C) Whether a vulnerable road user was involved.
``(D) Any injuries that resulted from the crash.
``(E) Whether any local authority investigated the
crash.
``(F) A summary of the circumstances surrounding
the crash.
``(3) A requirement for such manufacturers to submit to the
Secretary on a quarterly basis, a report on the total miles
traveled with the ADS engaged of the ADS-equipped vehicles of
the manufacturer during the previous quarter, including the
total miles traveled in revenue service during commercial
operations.
``(4) A process for a relevant State transportation
regulatory agency to access information from a covered crash
described in paragraph (2) in a timely manner.
``(5) A requirement that--
``(A) any information shared with a relevant State
or local transportation regulatory agency is protected
by the confidential business information protections
and procedures established in part 512 of title 49,
Code of Federal Regulations, and is exempt from
disclosure under sections 552(b)(3) and section 552a of
title 5; and
``(B) any such relevant State or local
transportation regulatory agency is subject to the same
confidential business information protections and
procedures established in such part 512.
``(6) The establishment of a system to publicly share the
data collected for the repository, subject to the confidential
business information protections and procedures established in
part 512 of title 49, Code of Federal Regulations.
``(7) A requirement to minimize the duplication of
information about a covered crash described in paragraph (2)
and any other publicly reported data in the repository.
``(8) A requirement for a manufacturer to report whether an
ADS-equipped vehicle involved in a covered crash was authorized
to operate pursuant to section 30112(b)(10).
``(c) Sunset for Quarterly Mileage Reports.--
``(1) Total miles traveled.--Except as provided in
paragraph (2), the requirement described in subsection (b)(3)
does not apply beginning on the date that is 5 years after the
date on which a final rule is issued pursuant to subsection
(b).
``(d) Repeal.--Standing General Order 2021-01 issued by the
National Highway Traffic Safety Administration does not apply to an
ADS-equipped vehicle beginning on the compliance date of the final rule
issued pursuant to subsection (b).
``(e) Effective Date.--This section shall take effect on September
30, 2026.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter II of chapter 301 of subtitle VI of title 49, United States
Code, is amended by adding at the end the following:
30130. Motor vehicle safety standards for automated driving systems.
30131. National Automated Vehicle Safety Data Repository.
(c) Enforcement Authority.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30130, 30131,'' after
``30127,''.
``(3) Federal preemption for automated driving systems and
ads-equipped vehicles.--
``(A) In general.--Except as provided in
subparagraph (B), a State, or political subdivision of
a State, may not maintain, enforce, prescribe, or
continue in effect any law, rule, regulation,
requirement, standard, or other provision having the
force and effect of law of the State, or political
subdivision of the State, that--
``(i) prohibits in whole or in part a
manufacturer from manufacturing for sale,
selling, offering for sale, introducing or
delivering for introduction into interstate
commerce, or importing into the United States
any automated driving system or ADS-equipped
vehicle if the manufacturer develops a safety
case described in section 30130(b)(3) for the
automated driving system or ADS-equipped
vehicle; or
``(ii) requires manufacturers of automated
driving systems and manufacturers of ADS-
equipped vehicles to report information about a
covered crash to a State or a political
subdivision of a State.
``(B) Exceptions.--Notwithstanding subparagraph
(A)--
``(i) a State may enforce a law or
requirement that is identical to a law or
requirement under subparagraphs (A) or (B) of
section 30130(b)(1) or section 30131; and
``(ii) compliance with subparagraphs (A) or
(B) of section 30130(b)(1) or section 30131
does not exempt a person from liability at
common law.".
``(C) Nothing in this paragraph shall be construed
to limit or preempt State or local authority over:
``(i) traffic laws;
``(ii) vehicle registration;
``(iii) safety and emissions inspections;
``(iv) congestion management of vehicles
operating within a State or political
subdivision of a State;
``(v) insurance;
``(vi) generally applicable consumer
protection laws; or
``(vii) environmental laws or regulations.
``(D) Nothing in this paragraph may be construed to
prohibit a State or a political subdivision of a State
from maintaining, enforcing, prescribing, or continuing
in effect any law or regulation relating to the sale,
distribution, repair, or service of ADS-equipped
vehicles or automated driving systems, by a dealer,
manufacturer, or distributor.''.
SEC. 4. MOTOR VEHICLE TESTING OR EVALUATION.
Section 30112 of title 49, United States Code, is amended--
(1) in subsection (b)(10)--
(A) in subparagraph (C), by striking the period at
the end and inserting ``; or'';
(B) by redesignating subparagraphs (A) through (C)
as clauses (i) through (iii), respectively, and moving
their margins 2 ems to the right;
(C) by striking ``evaluation by a manufacturer that
agrees not to sell or offer for sale the motor vehicle
at the conclusion of the testing or evaluation and that
prior to the date of enactment of this paragraph'' and
inserting the following: ``evaluation by--
``(A) a manufacturer that agrees not to sell or
lease or offer for sale or lease the motor vehicle used
for testing or evaluation at the conclusion of the
testing or evaluation that--''; and
(D) by adding at the end the following:
``(B) a manufacturer of an automated driving system
or ADS-equipped vehicle (as such terms are defined in
section 30130(a)) or any component of such automated
driving system or ADS-equipped vehicle that agrees not
to sell or lease or offer for sale or lease the
automated driving system, ADS-equipped vehicle, or
component used for testing or evaluation at the
conclusion of the testing or evaluation.''; and
(2) by adding at the end the following:
``(c) Commercial Operations Permitted for Testing or Evaluation for
Ads-equipped Vehicles.--
``(1) Authorization by secretary.--Subject to paragraph
(2), the Secretary may authorize a manufacturer that conducts
testing or evaluation under subsection (b)(10) to undertake
limited commercial operations for an ADS-equipped vehicle,
including through the carrying of members of the public as
passengers and transporting of freight, as part of the testing
or evaluation.
``(2) Consideration for evaluation.--Any limited commercial
operation authorized by the Secretary pursuant to paragraph (1)
shall consider the operational use case of the manufacturer,
the objectives of the manufacturer for the testing or
evaluation, and be subject to limitations established by the
Secretary based on the operational use case to ensure that the
testing or evaluation under this subsection does not constitute
de facto deployment of non-compliant motor vehicles, which may
include--
``(A) reasonable limitations (on a jurisdiction-by-
jurisdiction basis) on the number of participating
motor vehicles, mileage, revenue generation, or
duration of deployment; and
``(B) any additional oversight and transparency
requirements determined by the Secretary consistent
with the authority of the Secretary described elsewhere
in this chapter.''.
SEC. 5. MAKE INOPERATIVE.
Section 30122(b) of title 49, United States Code, is amended--
(1) by inserting ``(1) in general.'' before ``A
manufacturer''; and
(2) by adding at the end the following:
``(2) Exception.--Paragraph (1) does not apply in a case in
which a manufacturer intentionally causes a device or element
of a design relating to the performance of the dynamic driving
task by a human driver to be temporarily disabled or altered in
their functionality for safety reasons during the time that an
automated driving system is engaged and capable of performing
the entire dynamic driving task.
``(3) Compliance with section 30130 required for
exception.--Any manufacturer that claims the exception
described in paragraph (2) shall comply with section
30130(b).''.
SEC. 6. PROTECTING THE SECURITY OF CONNECTED VEHICLES.
(a) Review.--Not later than 1 year after the date of the enactment
of this Act, the Secretary of Commerce, in consultation with the head
of any relevant agency, shall review the implementation of the final
rule Securing the Information and Communications Technology and
Services Supply Chain: Connected Vehicles (90 Fed. Reg. 5360).
(b) Briefing.--Not later than 60 days after the date of the
completion of the review described in subsection (a), the Secretary of
Commerce shall provide a briefing on implementation of the final rule
to the Committees on Energy and Commerce and Foreign Affairs of the
House of Representatives and the Committees on Commerce, Science, and
Transportation and Foreign Relations of the Senate.
(c) Agency Defined.--In this section, the term ``agency'' has the
meaning given that term in section 551 of title 5, United States Code.
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