With help from Eric Geller
PROGRAMMING NOTE: Morning Transportation will not be published on Monday, Feb. 17. We’ll be back on our normal schedule on Tuesday, Feb. 18.
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— The new pieces of a long-in-the-works autonomous vehicle bill, made public on Wednesday, show there’s still disagreement over a wide swath of policy.
— President Donald Trump will meet with New York Gov. Andrew Cuomo today about the conflict with DHS over the agency’s access to state driver’s license records.
— A new executive order issued by the White House looks to address fears about Russia or other adversaries hacking global navigation satellite systems.
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GAPS REMAIN IN AV BILL DRAFT: Lawmakers sent out the remaining sections of autonomous vehicle legislation to stakeholders on Wednesday evening, making public a legislative process that is far from finished and still contains major disagreements. As our Tanya Snyder reports, probably the biggest outstanding conflict is a familiar one over forced arbitration. “Allowing injured parties to bring automakers and other companies to court, rather than be forced into arbitration, is a non-negotiable demand of the trial lawyer lobby, which makes it a nonstarter for Democrats too,” Tanya writes. Despite urgent calls from virtually all corners to pass a bill, forced arbitration is the one thing interests don’t seem willing to budge on, and that’s why it’s still missing from all 13 bill sections released to date.
Here’s a rundown of other pieces that were released Wednesday night and the disagreements that remain:
Cybersecurity: This section sets out a number of requirements automakers would have to meet to protect vehicles against cybersecurity risks. But it appears the bill’s authors are still split on a major point: whether the requirements would apply to all motor vehicles, or only those designed with a certain level of automation.
Agency staffing: The draft bill would direct the Transportation secretary to hire personnel skilled in cybersecurity, electrical and mechanical engineering, and “software application in the automotive context.” Left blank for now? A minimum number of new hires.
Consumer education: This section requires DOT to research how to inform consumers about the capabilities and limitations of automated vehicle technology. Still undecided: whether to make the agency introduce a rule that would require manufacturers to inform consumers about what their automated vehicles can or can’t do, which could include a requirement about informing customers when changes to AV capabilities result from software updates.
SPEAKING OF AUTO CYBER: SAE International, a society of automotive engineers, published a draft of a new standard aimed at helping the auto industry define a structured process for incorporating cybersecurity in vehicle design. The standard stemmed from a joint working group with the International Organization for Standardization.
THE LATEST ON DHS-N.Y. CONFLICT: Cuomo will meet with Trump on today, and plans to offer a compromise in the ongoing dispute between New York and DHS, which has led to the federal government suspending enrollment for New Yorkers in several trusted travelers.
Cuomo will give DHS access to the state’s driver license database for the trusted traveler programs, but he’s not proposing “unfettered access,” his office clarified later, as POLITICO’s Bill Mahoney reports from Albany. He would only let DHS obtain the records for people applying for the trusted traveler programs (a plan that the state legislature would need to approve before it could take effect).
The New York Association of Chiefs of Police sided with DHS, saying in a letter (which was blasted out by DHS itself) that it’s been opposed to New York’s law denying DHS access to driver’s records since it was first proposed.
ON THE HILL: The House Homeland Security Committee advanced several bills that would grant additional parental rights and benefits to TSA employees, including lactation facilities and other additional child care resources, our Stephanie Beasley writes.
TIME FOR MORE SECURE TIME: Trump on Wednesday directed DHS, the Pentagon, DOT and other agencies to work together to reduce U.S. computer systems’ dependance on satellite-based positioning, navigation and timing, or PNT, services that hackers could disrupt. Trump’s executive order requires Commerce to provide government and industry partners with “PNT profiles” to help them identify disruptions and manage “associated risks,” while DHS must “develop a plan to test the vulnerabilities of critical infrastructure systems, networks, and assets in the event of disruption and manipulation of PNT services.”
The executive order stems from concerns about Russia or other adversaries hacking the global navigation satellite systems, or GNSS, that beam vital real-time data to cargo vessels, airplanes, municipal transit agencies, energy producers and other clients in mission-critical environments. Trump’s order gives the White House one year to develop an R&D plan for “additional, robust, and secure PNT services” that don’t rely on GNSS like the ubiquitous, U.S. military-run GPS platform does. DOT and other agencies have three months to “engage with critical infrastructure owners or operators to evaluate the responsible use of PNT services.”
The directive also requires the government to revise federal contracts for systems that rely on PNT data to improve their resilience to cyberattacks, “with the goal of encouraging the private sector to use additional PNT services and develop new robust and secure PNT services.” Additionally, DHS and the departments of Treasury and Energy must run PNT resilience pilot programs with the critical infrastructure firms under their supervision.
MORE TROUBLE IN BOEINGLAND: The company fired a midlevel manager who oversaw pilots who wrote damning messages to each other, the revelation of which led to increased scrutiny from regulators and anger from lawmakers. As the Wall Street Journal reports, Keith Cooper was a vice president for training and professional services in Boeing’s global-services division, and was in charge of the pilots who mocked airline officials, aviation regulators and other Boeing employees.
TRANSPORTATION LABOR MAKES ITS 2020 WISHES KNOWN: The Transportation Trades Department, AFL-CIO, a coalition of more than 30 unions in different transportation sectors, is offering up a transportation infrastructure policy platform for 2020 candidates. It echoes priorities the group has espoused for years, including stabilizing the Highway Trust Fund, boosting transit funding, and investing in roads, bridges, rail, ports and more. “Adequately addressing our nation’s infrastructure crisis and rebalancing our economy in favor of workers must be more than a campaign talking point,” TTD writes in the platform.
— “Coronavirus has many U.S. firms waiting for products to ship.” Associated Press.
— “Cruise ship refused port over virus fears to dock in Cambodia – operator.” The Guardian.
— “Frenzied Tesla speculators propel 77% surge in options trading.” Bloomberg.
— “San Francisco bans most cars from Market Street. Will other California cities follow?” Los Angeles Times.
— “Muslim advocacy group sues CBP over border memo.” POLITICO Pro.
DOT appropriations run out in 230 days. The FAA reauthorization expires in 1,327 days. Highway and transit policy is up for renewal in 230 days.