To establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council to make recommendations regarding cybersecurity for the testing, deployment, and updating of automated driving systems.

Summary: This bill directs the Department of Transportation (DOT) to establish in the National Highway Traffic Safety Administration an Automated Driving System Cybersecurity Advisory Council. The council shall undertake information gathering activities, develop technical advice, and present best practices or recommendations to DOT regarding cybersecurity for the testing, deployment, and updating of automated driving systems for motor vehicles 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 equipment. A &quot;highly automated vehicle&quot; is defined as a motor vehicle (excluding a commercial motor vehicle) equipped with an automated driving system.  An &quot;automated driving system&quot; is defined as 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. 

SECTION 1. AUTOMATED DRIVING SYSTEM CYBERSECURITY ADVISORY COUNCIL.

    (a) Establishment.--Subject to the availability of appropriations, 
not later than 6 months after the date of enactment of this Act, the 
Secretary of Transportation shall establish in the National Highway 
Traffic Safety Administration an Automated Driving System Cybersecurity 
Advisory Council (hereinafter referred to as the ``Council'').
    (b) Membership.--Members of the Council shall include a diverse 
group representative of business, academia and independent researchers, 
State and local authorities, safety and consumer advocates, engineers, 
labor organizations, environmental experts, a representative of the 
National Highway Traffic Safety Administration, and other members 
determined to be appropriate by the Secretary. The Council shall be 
composed of not less than 15 and not more than 30 members appointed by 
the Secretary.
    (c) Terms.--Members of the Council shall be appointed by the 
Secretary of Transportation and shall serve for a term of three years.
    (d) Vacancies.--Any vacancy occurring in the membership of the 
Council shall be filled in the same manner as the original appointment 
for the position being vacated. The vacancy shall not affect the power 
of the remaining members to execute the duties of the Council.
    (e) Duties.--The Council shall undertake information gathering 
activities, develop technical advice, and present best practices or 
recommendations to the Secretary regarding 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.
    (f) Report to Congress.--The recommendations of the Council shall 
also be reported to the Committee on Energy and Commerce of the House 
of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate.
    (g) Federal Advisory Committee Act.--The establishment and 
operation of the Council shall conform to the requirements of the 
Federal Advisory Committee Act (5 U.S.C. App.).
    (h) Technical Assistance.--On request of the Council, the Secretary 
shall provide such technical assistance to the Council as the Secretary 
determines to be necessary to carry out the Council's duties.
    (i) Detail of Federal Employees.--On the request of the Council, 
the Secretary may detail, with or without reimbursement, any of the 
personnel of the Department of Transportation to the Council to assist 
the Council in carrying out its duties. Any detail shall not interrupt 
or otherwise affect the civil service status or privileges of the 
Federal employee.
    (j) Payment and Expenses.--Members of the Council shall serve 
without pay, except travel and per diem will be paid each member for 
meetings called by the Secretary.
    (k) Termination.--The Council shall terminate 6 years after the 
date of enactment of this Act.
    (l) Definitions.--
            (1) In general.--In this section--
                    (A) the term ``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); and
                    (D) the term ``operational design domain'' means 
                the specific conditions under which a given driving 
                automation system or feature thereof is designed to 
                function.
            (2) Revisions to certain definitions.--
                    (A) If SAE International (or its successor 
                organization) revises the definition of any of the 
                terms defined in subparagraph (A), (B), or (D) of 
                paragraph (1) in Recommended Practice Report J3016, it 
                shall notify the Secretary of the revision. The 
                Secretary shall publish a notice in the Federal 
                Register to inform the public of the new definition 
                unless, within 90 days after receiving notice of the 
                new definition and after opening a period for public 
                comment on the new definition, the Secretary notifies 
                SAE International (or its successor organization) that 
                the Secretary has determined that the new definition 
                does not meet the need for motor vehicle safety, or is 
                otherwise inconsistent with the purposes of chapter 301 
                of title 49, United States Code. If the Secretary so 
                notifies SAE International (or its successor 
                organization), the existing definition in paragraph (1) 
                shall remain in effect.
                    (B) If the Secretary does not reject a definition 
                revised by SAE International (or its successor 
                organization) as described in subparagraph (A), the 
                Secretary shall promptly make any conforming amendments 
                to the regulations and standards of the Secretary that 
                are necessary. The revised definition shall apply for 
                purposes of this section. The requirements of section 
                553 of title 5, United States Code, shall not apply to 
                the making of any such conforming amendments.
                    (C) Pursuant to section 553 of title 5, United 
                States Code, the Secretary may update any of the 
                definitions in subparagraph (A), (B), or (D) of 
                paragraph (1) if the Secretary determines that 
                materially changed circumstances regarding highly 
                automated vehicles have impacted motor vehicle safety 
                such that the definitions need to be updated to reflect 
                such circumstances.