SELF DRIVE Act of 2026

Bill Number: H.R. 7390
Origin Chamber: House
Congress: 119th Congress, Session 2
Policy Area: Transportation and Public Works
Status: Introduced
Latest Action: 2026-02-10: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
Last Updated: 2026-06-04T08:08:52Z

AI-Generated Summary

Purpose of the Legislation

The SELF DRIVE Act of 2026 aims to promote the safe development, testing, and deployment of vehicles equipped with automated driving systems (ADS), which are advanced technologies that can handle driving tasks without human intervention in certain conditions. It seeks to maintain U.S. leadership in the automotive industry, enhance road safety, improve mobility and accessibility for all users, and support job creation by establishing federal rules for ADS design, construction, performance, testing, and security.

Key Provisions

Definitions and Standards for ADS: Introduces clear definitions for terms like "ADS-equipped vehicle" (a motor vehicle with an ADS), "dynamic driving task" (real-time actions like steering, accelerating, and monitoring the environment), and automation levels (Levels 3-5, based on SAE International standards, where Level 3 requires human readiness to take over, and Levels 4-5 operate without human input in specific or all conditions). The National Highway Traffic Safety Administration (NHTSA) must review and potentially adopt updates to these definitions.

Safety Case Requirement: Manufacturers cannot sell or import ADS or ADS-equipped vehicles without creating a "safety case"—a detailed document proving the system is safe (i.e., does not pose an unreasonable risk of accidents, death, or injury). This includes descriptions of hardware/software (e.g., sensors, redundancies), operational design domain (ODD; specific conditions where the ADS functions), hazard analysis, performance testing, crash response, and cybersecurity plans. NHTSA must issue a final rule by September 30, 2027, mandating these safety cases, with ADS "competencies" covering tasks like detecting vulnerable road users (e.g., pedestrians, cyclists), achieving a minimal risk condition (MRC; a safe stop to avoid crashes), complying with traffic laws, and handling emergencies.

Manual Controls Exemption: ADS-dedicated vehicles (designed for fully driverless operation, Levels 4-5) carrying passengers do not need traditional manual controls (e.g., steering wheel, pedals) if they allow occupants to trigger an MRC and safely exit. Vehicles solely for cargo are also exempt from human-driver controls.

National Automated Vehicle Safety Data Repository: By September 30, 2026, NHTSA must create a repository for crash data involving ADS (e.g., fatalities, injuries, airbag deployments, or towing where ADS was active 30 seconds before the crash). Manufacturers must report details like location, vehicles involved, injuries, and circumstances within 30 days (or 10 days after notice). Quarterly mileage reports (with ADS engaged) are required for 5 years. Data is confidential for businesses but publicly shareable in aggregated form. States can access it for regulation, and it repeals a prior NHTSA reporting order.

Testing and Evaluation: Expands exemptions for pre-market testing of ADS vehicles, allowing manufacturers to test without full safety standard compliance if vehicles aren't sold afterward. Permits limited commercial operations (e.g., carrying passengers or freight) during testing, with NHTSA oversight on limits like vehicle numbers or duration to prevent unregulated deployment.

Make Inoperative Exception: Allows manufacturers to temporarily disable or alter manual driving features (e.g., steering) when ADS is fully engaged, for safety, without violating laws against tampering with safety devices—provided they meet the safety case requirements.

Federal Preemption: Prevents states or localities from banning ADS vehicles that comply with federal safety cases or requiring separate state crash reporting. States can still enforce identical federal rules and retain authority over traffic laws, registration, inspections, insurance, consumer protection, congestion, and environmental rules.

Connected Vehicle Security Review: Within 1 year of enactment, the Secretary of Commerce must review a 2024 rule on securing connected vehicles (e.g., against cyber threats in ICT supply chains) and brief Congress on implementation.

Significant Changes to Existing Law

Amends title 49, United States Code (motor vehicle safety laws), by adding sections 30130 (ADS safety standards) and 30131 (data repository), and updating sections on exemptions (30112), tampering (30122), and enforcement (30165).
Shifts from human-driver-focused standards to ADS-specific ones, exempting driverless vehicles from manual control requirements and creating a national crash data system, replacing ad-hoc reporting.
Introduces mandatory safety cases and competencies, with deadlines for NHTSA rulemaking; preempts conflicting state laws more explicitly for ADS, while preserving state roles in non-safety areas.
Allows commercial testing activities, broadening prior exemptions limited to non-commercial evaluation.

Potential Impacts

Government Agencies: NHTSA gains expanded authority to regulate ADS, collect data, and enforce standards, potentially increasing workload for rulemaking, reviews, and repository management. The Department of Commerce and other agencies must coordinate on security reviews, fostering inter-agency collaboration.

Citizens: Could improve road safety by standardizing ADS performance (e.g., better detection of pedestrians or emergency vehicles), enhance accessibility for those unable to drive (e.g., elderly or disabled), and reduce crashes through data-driven insights. However, it may raise privacy concerns from crash data collection, though protections limit public access.

International Relations: Promotes U.S. competitiveness in global autonomous vehicle markets by streamlining federal rules, potentially attracting investment and countering foreign dominance (e.g., in connected vehicle tech). The security review addresses supply chain risks from international sources, aligning with broader trade and national security policies.

Main Stakeholders Affected

Manufacturers and Automakers: Must develop safety cases, report data, and comply with new standards, increasing costs but enabling market entry for ADS vehicles.
NHTSA and Federal Agencies: Responsible for oversight, rulemaking, data management, and enforcement, with new reporting to Congress if deadlines are missed.
State and Local Governments: Limited in regulating ADS safety but retain control over traffic enforcement, registration, and insurance; gain access to crash data for local safety improvements.
Consumers and Road Users: Benefit from safer, more accessible vehicles; vulnerable road users (e.g., pedestrians, cyclists) are prioritized in ADS design.
Testing and Tech Companies: Easier commercial testing could accelerate innovation, but with federal limits to ensure safety.

Notable Legal, Constitutional, or Political Implications

Legal: Establishes federal preemption under the Supremacy Clause, potentially reducing legal fragmentation but inviting lawsuits if states challenge exemptions (e.g., on consumer protection). Enforces via existing NHTSA penalties, with confidentiality rules protecting business data under FOIA exemptions.

Constitutional: Balances federal commerce power (regulating interstate vehicle sales) with state police powers (traffic laws), avoiding overreach by carving out state exceptions; no direct First Amendment or privacy issues, as data sharing is anonymized and voluntary for states.

Political: Encourages bipartisan support for innovation and jobs but may spark debates on federal vs. state authority, safety vs. speed of deployment, and cybersecurity amid U.S.-China tech tensions. Deadlines and congressional reporting ensure accountability, potentially influencing future AV policy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Latta, Robert E. [R-OH-5]

Cosponsors (15)

Rep. Goldman, Craig A. [R-TX-12], Rep. Kean, Thomas H. [R-NJ-7], Rep. Schweikert, David [R-AZ-1], Rep. Balderson, Troy [R-OH-12], Rep. Owens, Burgess [R-UT-4], Rep. Bilirakis, Gus M. [R-FL-12], Rep. Houchin, Erin [R-IN-9], Rep. Van Epps, Matt [R-TN-7], Rep. Miller-Meeks, Mariannette [R-IA-1], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Weber, Randy K. Sr. [R-TX-14], Rep. Hudson, Richard [R-NC-9], Rep. Cammack, Kat [R-FL-3], Rep. Lee, Laurel M. [R-FL-15], Rep. Fong, Vince [R-CA-20]

Recent Actions

2026-02-10: Forwarded by Subcommittee to Full Committee by the Yeas and Nays: 12 - 11.
2026-02-10: Subcommittee Consideration and Mark-up Session Held
2026-02-05: Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
2026-02-05: 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.
2026-02-05: 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.
2026-02-05: Introduced in House
2026-02-05: Introduced in House

Bill Versions

Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution Act of 2026 — issued 2026-02-05 — PDF (29 pages)