S.Amdt. 2018

SA 2018. Mr. THUNE submitted an amendment intended to be proposed to
amendment SA 1502 proposed by Mr. Schumer to the bill S. 1260, to
establish a new Directorate for Technology and Innovation in the
National Science Foundation, to establish a regional technology hub
program, to require a strategy and report on economic security,
science, research, innovation, manufacturing, and job creation, to
establish a critical supply chain resiliency program, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of title III of division F, add the following:

SEC. 6302. VEHICLE TECHNOLOGY COMPETITIVENESS.

(a) Findings.--Congress finds that--
(1) the Government of the People's Republic of China is
investing in developing innovative technologies with
commercial and military applications, including autonomous
vehicles;
(2) the municipal government of Shanghai alone has planned
investments of $15,000,000,000 over 10 years for research and
development;

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(3) the Government of the People's Republic of China has a
strategy of promoting national champions, including in the
autonomous vehicle industry, in order to overtake and replace
foreign market leaders;
(4) technological leadership in the autonomous vehicle
industry represents a global market opportunity worth an
estimated $8,000,000,000,000;
(5) unless the United States enacts policies to protect the
technological leadership of the United States in the
autonomous vehicle industry against the People's Republic of
China and other competitors, the United States risks losing
that technological leadership; and
(6) maintaining the leading role of the United States in
developing and producing autonomous vehicles is essential--
(A) to growing manufacturing jobs that support a strong
middle class; and
(B) to achieving the safety and mobility benefits offered
by autonomous vehicles.
(b) Highly Automated Systems Safety Center of Excellence.--
(1) Definitions.--In this subsection:
(A) Center.--The term ``Center'' means the Highly Automated
Systems Safety Center of Excellence established under
paragraph (2).
(B) Department.--The term ``Department'' means the
Department of Transportation.
(C) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Establishment.--The Secretary shall establish a Highly
Automated Systems Safety Center of Excellence within the
Department for the purpose of maintaining a workforce at the
Department that is capable of reviewing, assessing, and
validating the safety of automated technologies.
(3) Duties.--
(A) In general.--The Center shall--
(i) serve as a central location within the Department for
expertise in--

(I) automation and human factors;
(II) computer science;
(III) data analytics;
(IV) machine learning;
(V) sensors and other technologies relating to automated
systems; and
(VI) security; and

(ii) collaborate with, and provide support to, all
operating administrations of the Department with respect to
highly automated systems.
(B) Review, assessment, and validation.--The workforce of
the Center, in coordination with relevant operating
administrations of the Department, shall advise on the
review, assessment, and validation of highly automated
systems to ensure the safety and security of those systems.
(C) Authority.--The activities of the Center under this
subsection shall not supersede any certification authority
granted to an operating administration of the Department
under other law (including regulations).
(4) Workforce.--The Center shall have a workforce composed
of--
(A) employees of the Department, including--
(i) direct hires; or
(ii) detailees from operating administrations of the
Department; or
(B) detailees of other Federal agencies.
(5) Savings clause.--Nothing in this subsection supersedes
any law (including regulations)--
(A) granting certification authority to an operating
administration of the Department;
(B) establishing certification responsibilities for
manufacturers (as defined in section 30102(a) of title 49,
United States Code); or
(C) granting authority to an operating administration of
the Department to determine safety defects in regulated
products.
(6) Conforming amendment.--Section 105 of division H of the
Further Consolidated Appropriations Act, 2020 (49 U.S.C. 102
note; Public Law 116-94) is repealed.
(7) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
appropriate committees of Congress a report describing--
(A) the staffing needs of the Center; and
(B) the staffing plan for the Center.
(c) Motor Vehicle Testing or Evaluation.--
(1) Definitions.--Section 30102(a) of title 49, United
States Code, is amended--
(A) in the matter preceding paragraph (1), by striking
``chapter--'' and inserting ``chapter:'';
(B) in each of paragraphs (1) through (13)--
(i) by inserting ``The term'' after the paragraph
designation; and
(ii) by inserting a paragraph heading, the text of which is
comprised of the term defined in the paragraph;
(C) by redesignating paragraphs (1) through (13) as
paragraphs (2), (3), (4), (5), (7), (8), (9), (10), (11),
(12), (13), (14), and (15), respectively;
(D) by inserting before paragraph (2) (as so redesignated)
the following:
``(1) Automated driving system.--The term `automated
driving system' means a Level 3, Level 4, or Level 5
automated driving system (as defined in the SAE International
Recommended Practice numbered J3016 and dated June 15, 2018
(or a subsequent standard adopted by the Secretary)).''; and
(E) by inserting after paragraph (5) (as so redesignated)
the following:
``(6) Highly automated vehicle.--The term `highly automated
vehicle' means a motor vehicle that is equipped with an
automated driving system.''.
(2) Application of certain prohibitions.--Section 30112(b)
of title 49, United States Code, is amended by striking
paragraph (10) and inserting the following:
``(10) the introduction of a motor vehicle in interstate
commerce solely for purposes of testing, evaluation, or
demonstration--
``(A) by a manufacturer that--
``(i) agrees not to sell or lease, or offer for sale or
lease, the motor vehicle at the conclusion of the testing,
evaluation, or demonstration;
``(ii) has manufactured and distributed into the United
States motor vehicles that are certified, or motor vehicle
equipment utilized in a motor vehicle that is certified, to
comply with all applicable Federal motor vehicle safety
standards;
``(iii) has submitted to the Secretary appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations (or successor
regulations); and
``(iv) if applicable, has identified an agent for service
of process in accordance with part 551 of that title (or
successor regulations); or
``(B) of a highly automated vehicle, automated driving
system, or component of an automated driving system if--
``(i) the testing, evaluation, or demonstration of the
vehicle is conducted only by employees, agents, or fleet
management contractors of the manufacturer of the highly
automated vehicle, the automated driving system, or any
component of such vehicle or system;
``(ii) the manufacturer agrees not to sell or lease, or
offer for sale or lease, the highly automated vehicle,
automated driving system, or component of an automated
driving system at the conclusion of the testing, evaluation,
or demonstration;
``(iii) the manufacturer has submitted appropriate
manufacturer identification information under part 566 of
title 49, Code of Federal Regulations (or successor
regulations), if applicable, or similar manufacturer
identification information, including--

``(I) the name of the manufacturer (including a
manufacturer that is an individual, partnership, corporation,
or institution of higher education) and a point of contact;
``(II) the physical address of the manufacturer and the
State of incorporation of the manufacturer, if applicable;
``(III) a description of each type of motor vehicle used
during development of the highly automated vehicle, automated
driving system, or component of the automated driving system
manufactured by the manufacturer; and
``(IV) proof of insurance for any State in which the
manufacturer intends to test or evaluate highly automated
vehicles; and

``(iv) if applicable, the manufacturer has identified an
agent for service of process in accordance with part 551 of
title 49, Code of Federal Regulations (or successor
regulations).''.
(3) Conforming amendments.--
(A) Section 11028(a)(1)(A) of the 21st Century Department
of Justice Appropriations Authorization Act (15 U.S.C.
1226(a)(1)(A)) is amended by striking ``section 30102(6) of
title 49 of the United States Code'' and inserting ``section
30102(a) of title 49, United States Code''.
(B) Section 3(a)(5)(C) of the Consumer Product Safety Act
(15 U.S.C. 2052(a)(5)(C)) is amended by striking ``(as
defined by sections 102 (3) and (4) of the National Traffic
and Motor Vehicle Safety Act of 1966)'' and inserting ``(as
those terms are defined in section 30102(a) of title 49,
United States Code)''.
(C) Section 15(b) of the Consumer Product Safety Act (15
U.S.C. 2064(b)) is amended, in the matter preceding paragraph
(1), by striking ``section 30102(a)(7)'' and inserting
``section 30102(a)''.
(D) Section 403(h)(5)(A) of title 23, United States Code,
is amended by striking ``section 30102(a)(6)'' and inserting
``section 30102(a)''.
(E) Section 2 of Public Law 107-319 (49 U.S.C. 30102 note;
116 Stat. 2777) is amended by striking ``section 30102(6)''
and inserting ``section 30102(a)''.
(F) Section 101(8) of the Servicemembers Civil Relief Act
(50 U.S.C. 3911(8)) is amended by striking ``section
30102(a)(6)'' and inserting ``section 30102(a)''.
(d) Highly Automated Vehicles Exemptions.--Section 30113 of
title 49, United States Code, is amended--
(1) in subsection (a)--
(A) by striking the subsection designation and heading and
all that follows through ``means a motor'' and inserting the
following:
``(a) Definitions.--In this section:
``(1) Low-emission motor vehicle.--The term `low-emission
motor vehicle' means a motor''; and
(B) by adding at the end the following:
``(2) New motor vehicle safety feature.--The term `new
motor vehicle safety feature' includes any feature that
enables a highly automated vehicle or an automated driving
system, regardless of whether an exemption has already been
granted for a similar feature with respect to any other motor
vehicle model.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.'';
(2) in subsection (b)--
(A) by striking the subsection designation and all that
follows through ``The Secretary of Transportation'' in
paragraph (1) and inserting the following:
``(b) Authority to Exempt and Procedures.--
``(1) In general.--The Secretary'';
(B) by striking paragraph (2) and inserting the following:
``(2) Procedures.--

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``(A) Commencement.--
``(i) In general.--The Secretary shall commence a
proceeding under this subsection when a manufacturer submits
to the Secretary an application for an exemption or the
renewal of an exemption in accordance with clause (ii).
``(ii) Applications.--An application for an exemption or
the renewal of an exemption under this subparagraph shall be
filed at such time, in such manner, and containing such
information as the Secretary may require.
``(B) Publication.--On commencing a proceeding under
subparagraph (A), the Secretary shall--
``(i) publish in the Federal Register a notice of the
relevant application; and
``(ii) provide an opportunity for public comment.
``(C) Determination.--The Secretary shall grant or deny an
exemption or the renewal of an exemption for a highly
automated vehicle by the date that is 180 days after the date
on which the application for the exemption or renewal is
received by the Secretary.
``(D) Review of previously granted exemptions.--For any
exemption granted by the Secretary under this section, the
Secretary, not less frequently than annually, and before
granting a renewal or otherwise increasing the number of
highly automated vehicles of a manufacturer that may be sold
or otherwise introduced into interstate commerce under the
exemption, shall evaluate the impact of the exemption on
motor vehicle safety to ensure compliance with any conditions
established by the Secretary.''; and
(C) in paragraph (3)(B)--
(i) in clause (iii), by striking ``or'' at the end; and
(ii) by striking clause (iv) and inserting the following:
``(iv) compliance with the standard would prevent the
manufacturer from selling, introducing, or delivering into
interstate commerce a motor vehicle with an overall safety
level at least equal to the safety level of nonexempt
vehicles; or
``(v) the exemption would provide--
``(I) transportation access for individuals with
disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)), including
nonvisual access for individuals who are blind or visually
impaired; and
``(II)(aa) a safety level at least equal to the safety
level of the standard from which the exemption is sought; or
``(bb) an overall safety level at least equal to the
overall safety level of nonexempt vehicles.''; and
(3) by striking subsection (d) and inserting the following:
``(d) Eligibility.--
``(1) Substantial economic hardship.--A manufacturer is
eligible for an exemption under subsection (b)(3)(B)(i)
(including an exemption relating to a bumper standard
referred to in subsection (b)(1)) only if the Secretary
determines that the total motor vehicle production of the
manufacturer in the most recent year of production is not
more than 10,000.
``(2) Safety equivalence.--
``(A) In general.--Except as provided in subparagraph (B),
a manufacturer is eligible for an exemption under clause
(ii), (iii), (iv), or (v) of subsection (b)(3)(B) only if the
Secretary determines that the exemption is for not more than
2,500 vehicles to be sold or otherwise introduced into
interstate commerce in the United States during any 1-year
period.
``(B) Highly automated vehicles.--
``(i) In general.--With respect to highly automated
vehicles, a manufacturer is eligible for an exemption under
clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) only
if the Secretary determines that--

``(I) during the 1-year period beginning on the date of
enactment of the Endless Frontier Act the number of new
exemptions granted for that manufacturer is for not more than
a total of 15,000 highly automated vehicles to be sold or
otherwise introduced into interstate commerce in the United
States;
``(II) during the 1-year period immediately following the
period described in subclause (I), the number of new
exemptions granted for that manufacturer is for not more than
a total of 40,000 highly automated vehicles to be sold or
otherwise introduced into interstate commerce in the United
States; and
``(III) subject to clause (ii), during any 1-year period
following the period described in subclause (II), the number
of new exemptions granted for that manufacturer is for not
more than a total of 80,000 highly automated vehicles to be
sold or otherwise introduced into interstate commerce in the
United States.

``(ii) Expansion.--A manufacturer of a highly automated
vehicle may submit to the Secretary a petition to expand the
limit on new exemptions under clause (i)(III) to allow
exemptions for more than 80,000 highly automated vehicles
during any 1-year period if a similar exemption has been in
effect for that manufacturer for a period of not less than 4
years.'';
(4) in subsection (e)--
(A) by striking the second sentence and inserting the
following:
``(2) Safety equivalence.--An exemption or renewal under
clause (ii), (iii), (iv), or (v) of subsection (b)(3)(B) may
be granted--
``(A) for not more than 2 years; or
``(B) if the motor vehicle is a highly automated vehicle,
for not more than 5 years.''; and
(B) by striking the subsection designation and all that
follows through ``An exemption'' in the first sentence and
inserting the following:
``(e) Maximum Period.--
``(1) Substantial economic hardship.--An exemption''; and
(5) by adding at the end the following:
``(i) Process and Analysis.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Endless Frontier Act, the Secretary shall
publish a notice in the Federal Register that describes the
process and analysis used for the consideration of an
application for an exemption or the renewal of an exemption
under this section for a highly automated vehicle.
``(2) Periodic review and updating.--The Secretary shall--
``(A) review the notice under paragraph (1) by the date
that is 5 years after the initial date of publication, and
not less frequently than once every 5 years thereafter; and
``(B) update the notice if the Secretary determines that an
update is necessary.''.
(e) Dual Use Vehicle Safety.--
(1) In general.--Section 30122(b) of title 49, United
States Code, is amended--
(A) by striking ``A manufacturer'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2), a
manufacturer''; and
(B) by adding at the end the following:
``(2) Exception.--
``(A) In general.--Paragraph (1) shall not apply in any
case in which a manufacturer intentionally causes a steering
wheel, brake pedal, accelerator pedal, gear shift, or any
other device or element of design relating to the performance
of the dynamic driving task by a human driver to be
temporarily disabled during the time that a Level 4 or Level
5 automated driving system is engaged and performing the
entire dynamic driving task.
``(B) Clarification.--Paragraph (1) shall apply at any time
during which an automated driving system is not engaged.''.
(2) Rulemaking.--If the Secretary prescribes a regulation
in accordance with section 30122(c) of title 49, United
States Code, to exempt a manufacturer (as defined in section
30102(a) of that title) from the prohibition under paragraph
(1) of section 30122(b) of that title with respect to highly
automated vehicles (as defined in section 30102(a) of that
title), on the effective date of that regulation--
(A) the amendments to section 30122(b) of that title made
by paragraph (1) shall terminate; and
(B) section 30122(b) of that title shall be in effect as if
those amendments had not been enacted.
(3) Licensing.--A State may not issue a motor vehicle
operator's license for the operation or use of a highly
automated vehicle (as defined in section 30102(a) of title
49, United States Code) in a manner that discriminates on the
basis of disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)).
______