Text: S.2182 — 116th Congress (2019-2020)All Information (Except Text)

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Introduced in Senate (07/18/2019)

 
[Congressional Bills 116th Congress]
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[S. 2182 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 2182

 To protect consumers from security and privacy threats to their motor 
                   vehicles, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 18, 2019

 Mr. Markey (for himself and Mr. Blumenthal) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To protect consumers from security and privacy threats to their motor 
                   vehicles, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Security and Privacy in Your Car Act 
of 2019'' or the ``SPY Car Act of 2019''.

SEC. 2. CYBERSECURITY STANDARDS FOR MOTOR VEHICLES.

    (a) In General.--Chapter 301 of title 49, United States Code, is 
amended by inserting after section 30128 the following:
``Sec. 30129. Cybersecurity standards
    ``(a) Definitions.--In this section:
            ``(1) Critical software systems.--The term `critical 
        software systems' means software systems that can affect--
                    ``(A) the control by the driver of the vehicle 
                movement; or
                    ``(B) the safety features of the vehicle.
            ``(2) Driving data.--The term `driving data' includes any 
        electronic information collected about--
                    ``(A) the status of a vehicle, including the 
                location and speed of the vehicle; and
                    ``(B) any owner, lessee, driver, or passenger of a 
                vehicle.
            ``(3) Entry point.--The term `entry point' includes a means 
        by which--
                    ``(A) driving data may be accessed, directly or 
                indirectly; or
                    ``(B) a control signal may be sent or received 
                either wirelessly or through wired connections.
            ``(4) Hacking.--The term `hacking' means the unauthorized 
        access to electronic controls, critical software systems, or 
        driving data, either wirelessly or through wired connections.
    ``(b) Cybersecurity Standards.--
            ``(1) Requirement.--All motor vehicles manufactured for 
        sale in the United States on or after the date that is 2 years 
        after the date on which regulations are promulgated pursuant to 
        section 2(c)(2) of the SPY Car Act of 2019 shall comply with 
        the cybersecurity standards under paragraphs (2) through (4).
            ``(2) Protection against hacking.--
                    ``(A) In general.--All entry points to the 
                electronic systems of each motor vehicle manufactured 
                for sale in the United States shall be equipped with 
                reasonable measures to protect against hacking attacks.
                    ``(B) Isolation measures.--The measures referred to 
                in subparagraph (A) shall incorporate isolation 
                measures to separate critical software systems from 
                noncritical software systems.
                    ``(C) Evaluation.--The measures referred to in 
                subparagraph (A) shall be evaluated for security 
                vulnerabilities following best security practices, 
                including appropriate applications of techniques such 
                as penetration testing.
                    ``(D) Adjustment.--The measures referred to in 
                subparagraph (A) shall be adjusted and updated based on 
                the results of the evaluation under subparagraph (C).
            ``(3) Security of collected information.--All driving data 
        collected by the electronic systems that are built into motor 
        vehicles shall be reasonably secured to prevent unauthorized 
        access--
                    ``(A) while the data is stored onboard the vehicle;
                    ``(B) while the data is in transit from the vehicle 
                to another location; and
                    ``(C) in any subsequent offboard storage or use of 
                the data.
            ``(4) Detection, reporting, and responding to hacking.--Any 
        motor vehicle manufactured for sale in the United States that 
        presents an entry point shall be equipped with capabilities to 
        immediately detect, report, and stop attempts to intercept 
        driving data or control the vehicle.''.
    (b) Civil Penalties.--Section 30165(a)(1) of title 49, United 
States Code, is amended by inserting ``30129,'' after ``30127,''.
    (c) Rulemaking.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator of the National 
        Highway Traffic Safety Administration (referred to in this 
        subsection as the ``Administrator''), after consultation with 
        the Federal Trade Commission, shall issue a notice of proposed 
        rulemaking to carry out section 30129 of title 49, United 
        States Code.
            (2) Final regulations.--Not later than 3 years after the 
        date of enactment of this Act, the Administrator, after 
        consultation with the Federal Trade Commission, shall 
        promulgate final regulations to carry out section 30129 of 
        title 49, United States Code.
            (3) Updates.--Not later than 3 years after final 
        regulations are promulgated pursuant to paragraph (2) and not 
        less frequently than once every 3 years thereafter, the 
        Administrator, after consultation with the Federal Trade 
        Commission, shall--
                    (A) review the final regulations promulgated 
                pursuant to paragraph (2); and
                    (B) update the final regulations, as necessary.
    (d) Clerical Amendment.--The table of sections for chapter 301 of 
title 49, United States Code, is amended by inserting after the item 
relating to section 30128 the following:

``30129. Cybersecurity standards.''.

SEC. 3. CYBER DASHBOARD.

    (a) In General.--Section 32302 of title 49, United States Code, is 
amended by adding at the end the following:
    ``(e) Cyber Dashboard.--
            ``(1) In general.--All motor vehicles manufactured for sale 
        in the United States on or after the date that is 2 years after 
        the date on which final regulations are promulgated pursuant to 
        section 3(b)(2) of the SPY Car Act of 2019 shall display a 
        `cyber dashboard' as a component of the label required to be 
        affixed to each motor vehicle under section 3 of the Automobile 
        Information Disclosure Act (15 U.S.C. 1232).
            ``(2) Features.--The cyber dashboard required under 
        paragraph (1) shall inform consumers, through an easy to 
        understand, standardized graphic, about the extent to which the 
        motor vehicle protects the cybersecurity and privacy of motor 
        vehicle owners, lessees, drivers, and passengers beyond the 
        minimum requirements under section 30129 of this title and in 
        section 27 of the Federal Trade Commission Act.''.
    (b) Rulemaking.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Administrator of the National 
        Highway Traffic Safety Administration (referred to in this 
        subsection as the ``Administrator''), after consultation with 
        the Federal Trade Commission, shall issue a notice of proposed 
        rulemaking for the cybersecurity and privacy information 
        required to be displayed under section 32302(e) of title 49, 
        United States Code.
            (2) Final regulations.--Not later than 3 years after the 
        date of enactment of this Act, the Administrator, after 
        consultation with the Federal Trade Commission, shall 
        promulgate final regulations to carry out section 32302(e) of 
        title 49, United States Code.
            (3) Updates.--Not less frequently than once every 3 years, 
        the Administrator, after consultation with the Federal Trade 
        Commission, shall--
                    (A) review the final regulations promulgated 
                pursuant to paragraph (2); and
                    (B) update the final regulations, as necessary.

SEC. 4. PRIVACY STANDARDS FOR MOTOR VEHICLES.

    (a) In General.--The Federal Trade Commission Act (15 U.S.C. 41 et 
seq.) is amended by inserting after section 26 (15 U.S.C. 57c-2) the 
following:

``SEC. 27. PRIVACY STANDARDS FOR MOTOR VEHICLES.

    ``(a) Definitions.--In this section:
            ``(1) Covered motor vehicle.--The term `covered motor 
        vehicle' means a motor vehicle that--
                    ``(A) is manufactured for sale in the United States 
                on or after the date that is 2 years after the date on 
                which final regulations are promulgated under section 
                4(b) of the SPY Car Act of 2019; and
                    ``(B) collects driving data.
            ``(2) Driving data.--The term `driving data' has the 
        meaning given the term in section 30129(a) of title 49, United 
        States Code.
    ``(b) Requirement.--Each covered motor vehicle shall comply with 
the requirements described in subsections (c) through (e).
    ``(c) Transparency.--Each manufacturer of a covered motor vehicle 
shall provide to each owner and lessee of the covered motor vehicle a 
clear and conspicuous notice, in clear and plain language, of any 
collection, transmission, retention, or use of driving data collected 
from the covered motor vehicle.
    ``(d) Consumer Control.--
            ``(1) In general.--Subject to paragraphs (2) and (3), an 
        owner or lessee of a covered motor vehicle may opt out of the 
        collection and retention of driving data by the covered motor 
        vehicle.
            ``(2) Access to navigation tools.--If an owner or lessee of 
        a covered motor vehicle opts out of the collection and 
        retention of driving data under paragraph (1), the owner or 
        lessee shall not, to the extent technically possible, lose 
        access to any navigation tool or other feature or capability.
            ``(3) Exception.--Paragraph (1) shall not apply to driving 
        data stored as part of the electronic data recorder system or 
        other safety systems on board the motor vehicle that are 
        required for post-incident investigations, emissions history 
        checks, crash avoidance or mitigation, or other regulatory 
        compliance programs.
    ``(e) Limitation on Use of Personal Driving Information.--
            ``(1) In general.--No manufacturer, including an original 
        equipment manufacturer, may use any information collected by a 
        covered motor vehicle for the purpose of advertising or 
        marketing without the affirmative, express consent of the owner 
        or lessee of the covered motor vehicle.
            ``(2) Requests.--Any request for the consent under 
        paragraph (1) by a manufacturer--
                    ``(A) shall be clear and conspicuous;
                    ``(B) shall be made in clear and plain language; 
                and
                    ``(C) may not be a condition for the use of any 
                nonmarketing feature, capability, or functionality of 
                the covered motor vehicle.
    ``(f) Enforcement.--A violation of this section shall be treated as 
a violation of a rule defining an unfair or deceptive act or practice 
prescribed under section 18(a)(1)(B).''.
    (b) Rulemaking.--
            (1) In general.--Not later than 18 months after the date of 
        enactment of this Act, the Federal Trade Commission, after 
        consultation with the Administrator of the National Highway 
        Traffic Safety Administration (referred to in this subsection 
        as the ``Administrator''), shall issue a notice of proposed 
        rulemaking, in accordance with section 553 of title 5, United 
        States Code, to carry out section 27 of the Federal Trade 
        Commission Act.
            (2) Final regulations.--Not later than 3 years after the 
        date of enactment of this Act, the Federal Trade Commission, 
        after consultation with the Administrator, shall promulgate 
        final regulations, in accordance with section 553 of title 5, 
        United States Code, to carry out section 27 of the Federal 
        Trade Commission Act.
            (3) Updates.--Not less frequently than once every 3 years, 
        the Federal Trade Commission, after consultation with the 
        Administrator, shall--
                    (A) review the final regulations promulgated under 
                paragraph (2); and
                    (B) update the final regulations as necessary.

SEC. 5. CYBERSECURITY TOOLS AND CYBER COORDINATOR.

    (a) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Federal Highway Administration.
            (2) Cyber incident.--The term ``cyber incident'' has the 
        meaning given the term ``significant cyber incident'' in 
        Presidential Policy Directive-41 (July 26, 2016, relating to 
        cyber incident coordination).
            (3) Transportation authority.--The term ``transportation 
        authority'' means--
                    (A) a public authority (as defined in section 
                101(a) of title 23, United States Code);
                    (B) an owner or operator of a highway (as defined 
                in section 101(a) of title 23, United States Code);
                    (C) a manufacturer that manufactures a product 
                related to transportation; and
                    (D) a division office of the Federal Highway 
                Administration.
    (b) Cybersecurity Tool.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall develop a tool 
        to assist transportation authorities in identifying, detecting, 
        protecting against, responding to, and recovering from cyber 
        incidents.
            (2) Requirements.--In developing the tool under paragraph 
        (1), the Administrator shall--
                    (A) use the cybersecurity framework established by 
                the National Institute of Standards and Technology and 
                required by Executive Order 13636 of February 12, 2013 
                (78 Fed. Reg. 11739; relating to improving critical 
                infrastructure cybersecurity);
                    (B) establish a structured cybersecurity assessment 
                and development program;
                    (C) consult with appropriate transportation 
                authorities, operating agencies, industry stakeholders, 
                and cybersecurity experts; and
                    (D) provide for a period of public comment and 
                review on the tool.
    (c) Designation of Cyber Coordinator.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator shall designate an 
        office as a ``cyber coordinator'', which shall be responsible 
        for monitoring, alerting, and advising transportation 
        authorities of cyber incidents.
            (2) Requirements.--The office designated under paragraph 
        (1) shall--
                    (A) provide to transportation authorities a secure 
                method of notifying a single Federal entity of cyber 
                incidents;
                    (B) monitor cyber incidents that affect 
                transportation authorities;
                    (C) alert transportation authorities to cyber 
                incidents that affect those transportation authorities;
                    (D) investigate unaddressed cyber incidents that 
                affect transportation authorities; and
                    (E) provide to transportation authorities 
                educational resources, outreach, and awareness on 
                fundamental principles and best practices in 
                cybersecurity for transportation systems.
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