HR 7390
Self drive act of 2026
Self Drive Act of 2026
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Bill overview
The Self Drive Act of 2026 aims to establish rules and regulations for automated driving systems (ADS) and ADS-equipped vehicles in the United States. It focuses on updating safety standards, requiring manufacturers to demonstrate safety through a ‘safety case,’ and creating a data repository to track crashes involving these vehicles. The bill also addresses motor vehicle testing and evaluation, particularly regarding commercial operations during testing, and includes provisions to protect the security of connected vehicles. Ultimately, the goal is to foster continued U.S. leadership in autonomous vehicle technology while prioritizing road safety and job creation.
Key provisions
- Requires manufacturers to develop and submit a ‘safety case’ demonstrating the safety of ADS-equipped vehicles.
- Establishes new motor vehicle safety standards for ADS, including competency requirements.
- Creates a National Automated Vehicle Safety Data Repository to collect crash data.
- Allows limited commercial operations for ADS-equipped vehicles during testing and evaluation, subject to Secretary’s oversight.
- Addresses cybersecurity requirements for ADS-equipped vehicles.
- Updates regulations regarding motor vehicle testing and evaluation, particularly concerning human driver controls.
- Mandates a review of the implementation of a connected vehicle security rule.
- Defines key terms related to automated driving systems and ADS-equipped vehicles.
Who is affected
- Automobile Manufacturers
- Automated Driving System Developers
- Motor Vehicle Safety Regulators
Sponsors
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Primary sponsor
Cosponsors
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119th CONGRESS — 2d Session
H. R. 7390
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act of 2026 SELF DRIVE Act of 2026
or the
.
The table of contents for this Act is as follows:
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.
Subchapter II of chapter 301 of subtitle VI of title 49, United States Code, is amended by adding at the end the following:
The term ADS-equipped vehicle means any motor vehicle equipped with an automated driving system.
The terms automated driving system and ADS—
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
include only a system that meets the definition of Level 3, Level 4, or Level 5 automation.
the response by an automated driving system to achieve an MRC.
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.
The terms dynamic driving task and DDT—
exclude any strategic function, such as trip scheduling and selection of a destination or waypoint; and
include—
lateral vehicle motion control through steering;
longitudinal motion control through acceleration and deceleration;
monitoring of the driving environment through object and event detection, recognition, classification, and response preparation;
object and event response execution;
maneuver planning; and
is properly qualified and able to operate the vehicle; and
The term in-vehicle fallback-ready user means a fallback‑ready user who is seated in the driver’s seat.
Level 4, and
Level 5have 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.
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.
Secretarymeans the Secretary of Transportation, acting through the Administrator of the National Highway Traffic Safety Administration.
The term vulnerable road user—
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).
may provide feedback to SAE International with suggestions for updates to any such definition.
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).
If the Secretary decides not to adopt a revised definition—
the Secretary shall notify SAE International of the decision by the Secretary; and
the definitions described in subparagraph (A) shall remain in effect.
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).
Consistent with paragraphs (3), (4), and (5), the Secretary may prescribe regulations to establish—
objective content requirements for a safety case; and
procedures for manufacturers to certify the completion of a safety case and provide the safety case to the Secretary upon request under section 30166.
The Secretary may prescribe motor vehicle safety standards that define, modify, or interpret the ADS competencies described in paragraph (5).
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
provide the safety case to the Secretary upon request under section 30166.
Any motor vehicle safety standard issued under this paragraph supersedes any conflicting requirement under paragraph (1).
A description of each hardware and software element of the ADS that includes the following:
Braking, steering, and computing capability.
Redundancies.
Each capability of the suite of sensors of the ADS.
Each engineering methodology, including each hazard analysis used to design and assess the performance of the ADS and ensure motor vehicle safety.
An explanation of how the ADS anticipates and responds to any potential crash.
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.
An explanation of how the ADS-equipped vehicle meets each competency listed in paragraph (5).
The competencies described in this paragraph are the following:
An ADS can perform the entire DDT within the ODD of the ADS and is able to recognize the boundaries of its ODD.
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.
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.
An ADS can comply with any applicable State or local traffic law and any law relevant to the performance of the DDT.
A description of a cybersecurity plan that includes the following:
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.
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.
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.
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.
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—
provide an occupant inside of the vehicle with the means from within the vehicle to command that the ADS safely achieve an MRC; and
after the vehicle has achieved an MRC, allow the occupant to safely exit the vehicle.
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.
that involves—
a fatality;
an injury that results in a person being transported from the scene of the crash to a hospital for medical treatment;
an airbag deployment;
a strike of a vulnerable road user;
the towing of a vehicle; and
The time and location.
Each vehicle involved.
Whether a vulnerable road user was involved.
Any injuries that resulted from the crash.
Whether any local authority investigated the crash.
A summary of the circumstances surrounding the crash.
A requirement that—
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
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.
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.
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).
30130, 30131,after
30127,.
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—
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
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.
Notwithstanding subparagraph (A)—
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
compliance with subparagraphs (A) or (B) of section 30130(b)(1) or section 30131 does not exempt a person from liability at common law.".
Nothing in this paragraph shall be construed to limit or preempt State or local authority over:
traffic laws;
vehicle registration;
safety and emissions inspections;
congestion management of vehicles operating within a State or political subdivision of a State;
insurance;
generally applicable consumer protection laws; or
environmental laws or regulations.
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.
Section 30112 of title 49, United States Code, is amended—
in subparagraph (C), by striking the period at the end and inserting ; or
;
by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and moving their margins 2 ems to the right;
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:
by adding at the end the following:
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.
by adding at the end the following:
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—
any additional oversight and transparency requirements determined by the Secretary consistent with the authority of the Secretary described elsewhere in this chapter.
Section 30122(b) of title 49, United States Code, is amended—
by inserting (1) In general.
before A manufacturer
; and
by adding at the end the following:
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.
Any manufacturer that claims the exception described in paragraph (2) shall comply with section 30130(b).
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).
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.
In this section, the term agency
has the meaning given that term in section 551 of title 5, United States Code.