I 
115TH CONGRESS 
1ST SESSION H. R. 3407 
To amend chapter 301 of subtitle VI of title 49, United States Code, to 
require a cybersecurity plan for highly automated vehicles, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2017 
Mr. KINZINGER (for himself and Ms. CLARKE of New York) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To amend chapter 301 of subtitle VI of title 49, United 
States Code, to require a cybersecurity plan for highly 
automated vehicles, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. CYBERSECURITY OF AUTOMATED DRIVING SYS-
TEMS. 
(a) IN GENERAL.—Chapter 301 of subtitle VI of title 
49, United States Code, is amended by inserting after sec-
tion 30129 (as added by section 4) the following new sec-
tion: 
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‘‘§ 30130. Cybersecurity of automated driving systems 
‘‘(a) CYBERSECURITY PLAN.—A manufacturer may 
not sell, offer for sale, introduce or deliver for introduction 
into commerce, or import into the United States, any high-
ly automated vehicle, vehicle that performs partial driving 
automation, or automated driving system unless such 
manufacturer has developed a cybersecurity plan that in-
cludes the following: 
‘‘(1) A written cybersecurity policy with respect 
to the practices of the manufacturer for detecting 
and responding to cyber attacks, unauthorized intru-
sions, and false and spurious messages or vehicle 
control commands. This policy shall include— 
‘‘(A) a process for identifying, assessing, 
and 
mitigating 
reasonably 
foreseeable 
vulnerabilities from cyber attacks or unauthor-
ized intrusions, including false and spurious 
messages and malicious vehicle control com-
mands; and 
‘‘(B) a process for taking preventive and 
corrective 
action 
to 
mitigate 
against 
vulnerabilities in a highly automated vehicle or 
a vehicle that performs partial driving automa-
tion, including incident response plans, intru-
sion detection and prevention systems that safe-
guard key controls, systems, and procedures 
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through testing or monitoring, and updates to 
such process based on changed circumstances. 
‘‘(2) The identification of an officer or other in-
dividual of the manufacturer as the point of contact 
with responsibility for the management of cybersecu-
rity. 
‘‘(3) A process for limiting access to automated 
driving systems. 
‘‘(4) A process for employee training and super-
vision for implementation and maintenance of the 
policies and procedures required by this section, in-
cluding controls on employee access to automated 
driving systems. 
‘‘(b) EFFECTIVE DATE.—This section shall take ef-
fect 180 days after the date of enactment of this section.’’. 
(b) 
ENFORCEMENT
AUTHORITY.—Section 
30165(a)(1) of title 49, United States Code, is amended 
by inserting ‘‘30130,’’ after ‘‘30127,’’. 
(c) CLERICAL AMENDMENT.—The analysis for chap-
ter 301 of subtitle VI of title 49, United States Code, is 
amended by inserting after the item relating to section 
30129 (as added by section 4) the following new item: 
‘‘30130. Cybersecurity of automated driving systems.’’. 
(d) DEFINITIONS.—Section 30102 of title 49, United 
States Code, is amended— 
(1) in subsection (a)— 
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(A) 
by 
redesignating 
paragraphs 
(1) 
through (13) as paragraphs (2), (3), (4), (5), 
(8), (9), (10), (11), (12), (13), (15), (16), and 
(17), respectively; 
(B) by inserting before paragraph (2) (as 
so redesignated) the following: 
‘‘(1) ‘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.’’; 
(C) by inserting after paragraph (5) (as so 
redesignated) the following: 
‘‘(6) ‘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 selec-
tion of destinations and waypoints, and including— 
‘‘(A) lateral vehicle motion control via 
steering; 
‘‘(B) longitudinal vehicle motion control 
via acceleration and deceleration; 
‘‘(C) monitoring the driving environment 
via object and event detection, recognition, clas-
sification, and response preparation; 
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‘‘(D) object and event response execution; 
‘‘(E) maneuver planning; and 
‘‘(F) enhancing conspicuity via lighting, 
signaling, and gesturing. 
‘‘(7) ‘highly automated vehicle’— 
‘‘(A) means a motor vehicle equipped with 
an automated driving system; and 
‘‘(B) does not include a commercial motor 
vehicle (as defined in section 31101).’’; 
(D) by inserting after paragraph (13) (as 
so redesignated) the following: 
‘‘(14) ‘operational design domain’ means the 
specific conditions under which a given driving auto-
mation system or feature thereof is designed to func-
tion.’’; and 
(E) by adding at the end the following: 
‘‘(18) ‘vehicle that performs partial driving au-
tomation’ does not include a commercial motor vehi-
cle (as defined in section 31101).’’; and 
(2) by adding at the end the following: 
‘‘(c) REVISIONS TO CERTAIN DEFINITIONS.— 
‘‘(1) If SAE International (or its successor or-
ganization) revises the definition of any of the terms 
defined in paragraph (1), (6), or (14) of subsection 
(a) in Recommended Practice Report J3016, it shall 
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notify the Secretary of the revision. The Secretary 
shall publish a notice in the Federal Register to in-
form 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 Inter-
national (or its successor organization) that the Sec-
retary has determined that the new definition does 
not meet the need for motor vehicle safety, or is oth-
erwise inconsistent with the purposes of this chapter. 
If the Secretary so notifies SAE International (or its 
successor organization), the existing definition in 
subsection (a) shall remain in effect. 
‘‘(2) If the Secretary does not reject a defini-
tion revised by SAE International (or its successor 
organization) as described in paragraph (1), the Sec-
retary shall promptly make any conforming amend-
ments to the regulations and standards of the Sec-
retary that are necessary. The revised definition 
shall apply for purposes of this chapter. The require-
ments of section 553 of title 5 shall not apply to the 
making of any such conforming amendments. 
‘‘(3) Pursuant to section 553 of title 5, the Sec-
retary may update any of the definitions in para-
graph (1), (6), or (14) of subsection (a) if the Sec-
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retary determines that materially changed cir-
cumstances regarding highly automated vehicles 
have impacted motor vehicle safety such that the 
definitions need to be updated to reflect such cir-
cumstances.’’. 
Æ 
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