H.R.3388 – DECAL Act

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Week ending September 8, 2017

H.R.3388 – DECAL Act


DECAL stands for ‘Designating Each Car’s Automation Level Act’.

The bill would require the Secretary of Transportation ‘To provide for information on highly automated driving systems to be made available to prospective buyers.’

To that end ‘Not later than 3 years after the date of enactment of this Act, the Secretary of Transportation shall complete research to determine the most effective method and terminology for informing consumers for each highly automated vehicle or a vehicle that performs partial driving automation about the capabilities and limitations of that vehicle. The Secretary shall determine whether such information is based upon or includes the terminology as defined by SAE International in Recommended Practice Report J3016 (published September 2016) or whether such description should include alternative terminology.’

After the completion of the study required under the bill, the Secretary shall initiate a rulemaking proceeding to require manufacturers to inform consumers of the capabilities and limitations of a vehicle’s driving automation system or feature for any highly automated vehicle or any vehicle that performs partial driving automation.

The bill would‘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.’


Automated driving system” means 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;

(B) the term “dynamic driving task” means all of the real time operational and tactical functions required to operate a vehicle in on-road traffic, excluding the strategic functions such as trip scheduling and selection of destinations and waypoints, and including—

(i) lateral vehicle motion control via steering;

(ii) longitudinal vehicle motion control via acceleration and deceleration;

(iii) monitoring the driving environment via object and event detection, recognition, classification, and response preparation;

(iv) object and event response execution;

(v) maneuver planning; and

(vi) enhancing conspicuity via lighting, signaling, and gesturing;


(C) the term “highly automated vehicle”—

(i) means a motor vehicle equipped with an automated driving system; and

(ii) does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code);


(D) the term “vehicle that performs partial driving automation” does not include a commercial motor vehicle (as defined in section 31101 of title 49, United States Code); and

(E) the term “operational design domain” means the specific conditions under which a given driving automation system or feature thereof is designed to function.


(Full text of H.R. 3388 at congress.gov)

SponsorRep. Latta, Robert E. [R-OH-5] (Introduced 07/25/2017)


Status: Passed House /



On Passage: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.

House Amendments:

Motion to recommit:

Text of the motion:


On Passage:

Procedural Actions:

Senate Amendments:


Cost to the taxpayersCBO estimates that implementing the legislation would cost $10 million over the 2018-2022 period, assuming appropriation of the necessary amounts.

Pay-as-you-go requirements:  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.

Regulatory and Other Impact: 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).

Dynamic Scoring:   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.

Tax Complexity:  Not applicable to this bill.

Earmark Certification:  Data not available

Duplication of programs: Data not available

Direct Rule-Making:  Data not available

Advisory Committee Statement: Data not available

Budget Authority: Data not available

Constitutional Authority:   Assumed.


More Bill Information:


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