[Congressional Record Volume 161, Number 116 (Thursday, July 23, 2015)]
[Senate]
[Pages S5539-S5540]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2288. Mr. MARKEY (for himself and Mr. Blumenthal) submitted an
amendment intended to be proposed by him to the bill H.R. 22, to amend
the Internal Revenue Code of 1986 to exempt employees with health
coverage under TRICARE or the Veterans Administration from being taken
into account for purposes of determining the employers to which the
employer mandate applies under the Patient Protection and Affordable
Care Act; which was ordered to lie on the table; as follows:
At the end of subtitle D of title XXXIV, add the following:
PART IV--SPY CAR ACT OF 2015
SEC. 34441. SHORT TITLE.
This part may be cited as the ``Security and Privacy in
Your Car Act of 2015'' or the ``SPY Car Act of 2015''.
SEC. 34442. CYBERSECURITY STANDARDS FOR MOTOR VEHICLES.
(a) In General.--Chapter 301 is amended--
(1) in section 30102(a)--
(A) by redesignating paragraphs (4) through (11) as
paragraphs (10) through (17), respectively;
(B) by redesignating paragraphs (1) through (3) as
paragraphs (4) through (6), respectively;
(C) by inserting before paragraph (3), as redesignated, the
following:
``(1) `Administrator' means the Administrator of the
National Highway Traffic Safety Administration;
``(2) `Commission' means the Federal Trade Commission;
``(3) `critical software systems' means software systems
that can affect the driver's control of the vehicle
movement;''; and
(D) by inserting after paragraph (6), as redesignated, the
following:
``(7) `driving data' include, but are not limited to, any
electronic information collected about--
``(A) a vehicle's status, including, but not limited to,
its location or speed; and
``(B) any owner, lessee, driver, or passenger of a vehicle;
``(8) `entry points' include, but are not limited to, means
by which--
``(A) driving data may be accessed, directly or indirectly;
or
``(B) control signals may be sent or received either
wirelessly or through wired connections;
``(9) `hacking' means the unauthorized access to electronic
controls or driving data, either wirelessly or through wired
connections;''; and
(2) by adding at the end the following:
``Sec. 30129. Cybersecurity standards
``(a) 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 final regulations are
prescribed pursuant to section 2(b)(2) of the SPY Car Act of
2015 shall comply with the cybersecurity standards set forth
in 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
subparagraphs (A) and (B) 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
subparagraphs (A) and (B) shall be adjusted and updated based
on the results of the evaluation described in 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 such data are stored onboard the vehicle;
``(B) while such data are in transit from the vehicle to
another location; and
``(C) in any subsequent offboard storage or use.
``(4) Detection, reporting, and responding to hacking.--Any
motor vehicle 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) Penalties.--A person that violates this section is
liable to the United States Government for a civil penalty of
not more than $5,000 for each violation in accordance with
section 30165.''.
(b) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration, 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, as added by subsection (a).
(2) Final regulations.--Not later than 3 years after the
date of the enactment of this Act, the Administrator, after
consultation with the Commission, shall issue final
regulations to carry out section 30129 of title 49, United
States Code, as added by subsection (a).
(3) Updates.--Not later than 3 years after final
regulations are issued pursuant to paragraph (2) and not less
frequently than once
[[Page S5540]]
every 3 years thereafter, the Administrator, after
consultation with the Commission, shall--
(A) review the regulations issued pursuant to paragraph
(2); and
(B) update such regulations, as necessary.
(c) Clerical Amendment.--The table of sections for chapter
301 is amended by striking the item relating to section 30128
and inserting the following:
``30128. Vehicle rollover prevention and crash mitigation.
``30129. Cybersecurity standards.''.
(d) Conforming Amendment.--Section 30165(a)(1) is amended
by inserting ``30129,'' after ``30127,''.
SEC. 34443. CYBER DASHBOARD.
(a) In General.--Section 32302 is amended by inserting
after subsection (b) the following:
``(c) 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 prescribed
pursuant to section 3(b)(2) of the SPY Car Act of 2015 shall
display a `cyber dashboard', as a component of the label
required to be affixed to each motor vehicle under section
32908(b).
``(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 set forth in 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
the enactment of this Act, the Administrator of the National
Highway Traffic Safety Administration, after consultation
with the Federal Trade Commission, shall prescribe
regulations for the cybersecurity and privacy information
required to be displayed under section 32302(c) of title 49,
United States Code, as added by subsection (a).
(2) Final regulations.--Not later than 3 years after the
date of the enactment of this Act, the Administrator, after
consultation with the Commission, shall issue final
regulations to carry out section 32302 of title 49, United
States Code, as added by subsection (a).
(3) Updates.--Not less frequently than once every 3 years,
the Administrator, after consultation with the Commission,
shall--
(A) review the regulations issued pursuant to paragraph
(2); and
(B) update such regulations, as necessary.
SEC. 34444. 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) 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 prescribed
pursuant to subsection (e) shall comply with the features
required under subsections (b) through (d).
``(b) Transparency.--Each motor vehicle shall provide clear
and conspicuous notice, in clear and plain language, to the
owners or lessees of such vehicle of the collection,
transmission, retention, and use of driving data collected
from such motor vehicle.
``(c) Consumer Control.--
``(1) In general.--Subject to paragraphs (2) and (3),
owners or lessees of motor vehicles shall be given the option
of terminating the collection and retention of driving data.
``(2) Access to navigation tools.--If a motor vehicle owner
or lessee decides to terminate the collection and retention
of driving data under paragraph (1), the owner or lessee
shall not lose access to navigation tools or other features
or capabilities, to the extent technically possible.
``(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.
``(d) Limitation on Use of Personal Driving Information.--
``(1) In general.--A manufacturer (including an original
equipment manufacturer) may not use any information collected
by a motor vehicle for advertising or marketing purposes
without affirmative express consent by the owner or lessee.
``(2) Requests.--Consent requests under paragraph (1)--
``(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
motor vehicle.
``(e) Enforcement.--A violation of this section shall be
treated as an unfair and deceptive act or practice in
violation of a rule prescribed under section 18(a)(1)(B).''.
(b) Rulemaking.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Federal Trade Commission,
after consultation with the Administrator of the National
Highway Traffic Safety Administration, shall prescribe
regulations, in accordance with section 553 of title 5,
United States Code, to carry out section 27 of the Federal
Trade Commission Act, as added by subsection (a).
(2) Final regulations.--Not later than 3 years after the
date of the enactment of this Act, the Commission, after
consultation with the Administrator, shall issue final
regulations, in accordance with section 553 of title 5,
United States Code, to carry out section 27 of the Federal
Trade Commission Act, as added by subsection (a).
(3) Updates.--Not less frequently than once every 3 years,
the Commission, after consultation with the Administrator,
shall--
(A) review the regulations prescribed pursuant to paragraph
(2); and
(B) update such regulations, as necessary.
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