As ordered reported by the House Committee on Energy and Commerce on July 27, 2017
H.R. 3388 would clarify the federal role in regulating vehicles that can drive without a person controlling the vehicle. Those vehicles are defined in the bill as Highly Automated Vehicles (HAVs). The bill would require the National Highway Traffic Safety Administration (NHSTA) to complete several rulemakings, establish an advisory council on HAVs, and create a publicly available database about manufacturers that receive exemptions from current law. The bill would require vehicle manufacturers to comply with cybersecurity plans and would make manufacturers that fail to comply subject to civil penalties.
CBO estimates that implementing the legislation would cost $10 million over the 2018-2022 period, assuming appropriation of the necessary amounts.
Enacting H.R. 3388 would increase revenues from civil penalties; therefore, pay-as-you-go procedures apply. However, CBO estimates that those increases would total less than $500,000 over the 2018-2027 period. Enacting the bill would not affect direct spending.
CBO estimates that enacting H.R. 3388 would not increase net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2028.
H.R. 3388 would impose an intergovernmental mandate, as defined in the Unfunded Mandates Reform Act (UMRA), by preempting the authority of state and local governments to regulate the design, construction, and performance of HAVs, unless such regulations are at least protective as federal regulations. Although it would limit the application of state and local regulations, the bill would impose no duty on state or local governments that would result in additional spending or a loss of revenues.
H.R. 3388 would impose private-sector mandates as defined in UMRA on manufacturers of automobiles. Based on information about motor vehicle sales in the United States and information about current business practices from industry sources, CBO estimates that the cost of complying with those mandates would exceed the annual threshold established in UMRA ($156 million in 2017, adjusted annually for inflation).