[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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