[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 3742 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 3742
To improve incident reporting with respect to certain autonomous
vehicles, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 29, 2026
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To improve incident reporting with respect to certain autonomous
vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``AV Safety Data Act''.
SEC. 2. INCIDENT REPORTING WITH RESPECT TO CERTAIN AUTONOMOUS VEHICLES.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) Covered entity.--The term ``covered entity'' means a
manufacturer or operator that is subject to the requirements of
the Third Amended Standing General Order 2021-01.
(3) Covered vehicle.--The term ``covered vehicle'' means a
vehicle with an Automated Driving System or a Level 2 Advanced
Driver Assistance System.
(4) Third amended standing general order 2021-01.--The term
``Third Amended Standing General Order 2021-01'' means the
Third Amended Standing General Order 2021-01 (relating to
Incident Reporting for Automated Driving Systems (ADS) and
Level 2 Advanced Driver Assistance Systems (ADAS)) of the
National Highway Traffic Safety Administration with an
effective date of June 16, 2025.
(5) Third amended standing general order 2021-01 terms.--
The terms ``Advanced Driver Assistance System'', ``Automated
Driving System'', ``Level 2'', ``manufacturer'', and
``operator'' have the meanings given those terms in the Third
Amended Standing General Order 2021-01.
(6) Unplanned stoppage event.--The term ``unplanned
stoppage event'' means an event, other than a collision or an
incident intentionally caused by a human driver, during which,
as a result of an Automated Driving System or Level 2 Advanced
Driver Assistance System (or if such a System was engaged or an
attempt was made to engage such a System during the 30-second
period preceding the event), a covered vehicle--
(A) stops on a public road in a travel lane and is
unable to proceed without retrieval, manual
intervention, or the assistance of a remote operator;
(B) interferes with the normal functioning of
public transit or public transit vehicles, including
light rail;
(C) interferes with the activities of law
enforcement or first responders; or
(D) interferes with a construction or work zone.
(7) Vulnerable road user.--The term ``vulnerable road
user'' has the meaning given the term in section 148(a) of
title 23, United States Code.
(b) Reporting to National Highway Traffic Safety Administration.--
Not later than 90 days after the date of enactment of this Act, the
Administrator shall promulgate regulations to require each covered
entity to submit to the National Highway Traffic Safety
Administration--
(1) information as required by the Third Amended Standing
General Order 2021-01; and
(2) a monthly report that includes, with respect to the
preceding month--
(A) the number of miles traveled on public roads by
covered vehicles manufactured or operated by the
covered entity, disaggregated by make, model, model
year, major software version, road type (freeway or
non-freeway), location (including State and county),
and whether an occupant was present in the vehicle;
(B) information on any event during which a
collision with a covered vehicle manufactured or
operated by the covered entity resulted in an injury to
a vulnerable road user or an occupant of a vehicle
other than the covered vehicle; and
(C) information on any unplanned stoppage event
that involved a covered vehicle manufactured or
operated by the covered entity, including--
(i) the license plate number and vehicle
identification number of the vehicle;
(ii) the make, model, model year, and major
software version of the vehicle;
(iii) the date, time, and location
(including State, county, and latitude and
longitude) with respect to the event;
(iv) the type of road (freeway or non-
freeway) on which the event occurred;
(v) a description of the event;
(vi) information about any environmental
conditions (including geography and weather)
affecting the operation of the vehicle with
respect to the event;
(vii) information about any involvement of
law enforcement, first responders, or public
transit authorities with respect to the event;
(viii) information about the impact of the
event on passengers, vulnerable road users, or
other vehicles;
(ix) information about the resolution of
the event;
(x) information about any intervention by
the covered entity with respect to the event;
and
(xi) the amount of time, in seconds,
between the beginning and resolution of the
event and, if the covered entity intervened in
the event, the amount of time, in seconds,
between the beginning of the event and the
intervention by the covered entity.
(c) Scope of Level 2 Advanced Driver Assistance System Reporting.--
With respect to the monthly report required under subsection (b)(2), a
covered entity may only submit data from a covered vehicle with a Level
2 Advanced Driver Assistance System if the data--
(1) was collected--
(A) while the Level 2 Advanced Driver Assistance
System was engaged; or
(B) during the 30-second period preceding an
unplanned stoppage event; and
(2) does not contain personally identifiable information
about a human driver of the vehicle.
(d) Public Availability.--Beginning on the date that is 120 days
after the date of enactment of this Act, the Administrator shall make
publicly available on the website of the National Highway Traffic
Safety Administration, in a machine-readable format that includes
datasets, any information and reports submitted pursuant to subsection
(b).
(e) Revision of Regulations.--
(1) In general.--Beginning on the date that is 10 years
after the date of enactment of this Act, and not before that
date, the Administrator may rescind the regulations required by
subsection (b) or revise those regulations to reduce the
frequency and scope of information required to be submitted
pursuant to that subsection.
(2) Rule of construction.--Nothing in paragraph (1)
prevents the Administrator, at any time, from revising the
regulations required by subsection (b) in a manner consistent
with that subsection.
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