HR 3711 Introduced - SELF DRIVE Act
Last month Rep Latta (R,OH) introduce HR 3711, the Safely Ensuring Lives Future Deployment and Research In Vehicle Evolution (SELF DRIVE) Act. The bill clarifies “the Federal role in ensuring the safety of highly automated vehicles as it relates to design, construction, and performance, by encouraging the testing and deployment of such vehicles”. It includes one section concerning cybersecurity of automated driving systems and two cybersecurity mentions in passing. This bill is very similar to HR 8350 that was introduced last September, but went nowhere during the closing days of the 116th Congress.
Definitions
Section 13(b) provides definitions of key terms used in this bill. All three terms are defined by reference to 49 USC 30102. Subsection (b) amends §30102, adding six new definitions for:
Cybersecurity Requirements
Section 5 of the bill amends 49 USC Chapter 301 by adding a new §30130, Cybersecurity of automated driving systems. Subsection (a) provides for the requirement for manufacturers to have a cybersecurity plan for highly automated vehicles. That plan will include:
The identification of an officer or other individual of the manufacturer as the point of contact with responsibility for the management of cybersecurity,
A process for limiting access to automated driving systems, and
A process for employee training and supervision for implementation and maintenance of the policies and procedures required by this section, including controls on employee access to automated driving systems.
The cybersecurity plan must also include a written cybersecurity policy addressing the practices of the manufacturer uses for detecting and responding to cyber-attacks, unauthorized intrusions, and false and spurious messages or vehicle control commands. This policy shall include processes for:
Identifying, assessing, and mitigating reasonably foreseeable vulnerabilities from cyber-attacks or unauthorized intrusions, including false and spurious messages and malicious vehicle control commands; and
Taking preventive and corrective action to mitigate against vulnerabilities in a highly automated vehicle or a vehicle that performs partial driving automation, including incident response plans, 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.
Cybersecurity Mentions in Passing
Section 4 amends 49 USC by adding a new §30129, Updated or new motor vehicle safety standards for highly automated vehicles. In subsection (b) in discussing the rulemaking and safety priority plan requirements for highly automated vehicles, the crafters of the bill added the following to the list of priorities that would be included in the safety priority plan:
(2)(B) IDENTIFICATION OF ELEMENTS THAT MAY REQUIRE STANDARDS.—For highly automated vehicles, the National Highway Traffic Safety Administration should identify elements that may require performance standards including human machine interface, sensors, and actuators, and consider process and procedure standards for software and cybersecurity as necessary.
Section 9 of the bill would require NHTSA to establish a Highly Automated Vehicle Advisory Council. Subsection (e) allows for the establishment of subcommittees that would be used to undertake information gathering activities, develop technical advice, and present best practices or recommendations to the Secretary. The following was included in the list of 10 topics for possible coverage by such subcommittees:
(3) cybersecurity for the testing, deployment, and updating of automated driving systems with respect to supply chain risk management, interactions with Information Sharing and Analysis Centers and Information Sharing and Analysis Organizations, and a framework for identifying and implementing recalls of motor vehicles or motor vehicle equipment.
Moving Forward
While Latta is a member of the House Energy and Commerce Committee, the primary of three committees to which this bill was referred for consideration, the fact that all eleven of his cosponsors are Republicans would seem to indicate that this is a partisan bill. I do not expect to see this bill considered in Committee, nor do I expect to see it reach the floor of the House.
As important as this topic is quickly becoming, Latta is going to have to work out a bipartisan plan for the regulation of automated vehicles.