Prohibition on entry into the United States of connected vehicles associated with foreign adversaries

(a)

In general

A connected vehicle may not enter, or otherwise be transported or conveyed into, the United States if— (1)the country of origin of the connected vehicle is a covered country or the connected vehicle is designed within a covered country; or (2)the manufacturer of the connected vehicle is a joint venture, subsidiary, or other entity in which more than 15 percent of the equity interest, voting interest, board representation, or other indicia of control, whether directly or indirectly, is owned or controlled by an entity, or combination of entities, organized under the laws of, or with its principal place of business in, a covered country. (b)

Exception

The prohibition under subsection (a) shall not apply to the entry, or other transportation or conveyance, of a connected vehicle into the United States if the vehicle— (1)is not intended to be driven on public roads; and (2)is being brought into the United States for the sole purpose of testing and evaluation by an entity that— (A)is organized under the laws of a State in the United States; (B)does not have its principal place of business in a covered country; and (C)is not 25 percent or more, whether directly or indirectly, owned or controlled by an entity, or combination of entities, organized under the laws of, or with its principal place of business in, a covered country. (c)

Authorizations

(1)

Issuance

(A)

In general

The Commissioner, in consultation with the Secretary of Commerce, may issue a general or specific authorization for a connected vehicle that would otherwise be subject to the prohibition under subsection (a) to enter the United States if— (i)the Secretary determines, based on clear and convincing evidence and a written risk assessment, that the vehicle does not pose, and is not reasonably likely to pose— (I)an undue risk of data exfiltration or of being remotely manipulated or operated; (II)a risk to critical infrastructure or the integrity of the industrial base of the United States; or (III)any other risk to the national security of the United States; (ii)not less than 60 days before the authorization takes effect, the Commissioner submits to Congress a detailed written notification, including the determination under clause (i) and underlying analysis, including the written risk assessment; and (iii)during the 60-day period described in clause (ii), there is not enacted into law a joint resolution of disapproval with respect to the authorization of the item. (B)

Modification or revocation of general or specific authorizations

The Commissioner may, at any time, modify, suspend, or revoke a general or specific authorization issued under subparagraph (A) if the Secretary— (i)determines that the authorization no longer satisfies the requirements of subparagraph (A)(i); and (ii)provides the public with an opportunity to comment before modifying, suspending, or revoking the authorization. (2)

Publication of list of authorized items

(A)

In general

The Secretary shall publish, pursuant to section 553 of title 5, United States Code, and maintain a list of the connected vehicles with respect to which an authorization under paragraph (1) has been issued. The initial such list shall be published not later than January 1, 2027. (B)

Inclusions

(i)

In general

To the extent possible, the Secretary shall include, in the list required by subparagraph (A), the manufacturer and make and model for each connected vehicle on the list. (ii)

Risk assessment

To the extent possible, the Secretary shall include, in the list required by subparagraph (A), a detailed explanation about why each connected vehicle on the list does not pose a risk described in paragraph (1)(A). (3)

Requests for authorization

Not later than January 1, 2027, the Commissioner shall establish a procedure pursuant to which a manufacturer of connected vehicles may seek authorization under paragraph (1) for the entry in the United States of a connected vehicle that would otherwise be subject to the prohibition under subsection (a). (d)

Regulations

Not later than 90 days after the date of the enactment of this Act, the Commissioner, in consultation with the Secretary of Commerce, shall prescribe regulations to implement this section that include— (1)a list of connected vehicles subject to the prohibition under subsection (a); and (2)a plan for disseminating information about those vehicles to the public. (e)

Effective date; applicability

The prohibition under subsection (a) shall— (1)take effect on the date that is 30 days after the regulations required by subsection (d) are published in the Federal Register; and (2)apply to connected vehicles attempted to be entered, or otherwise transported or conveyed into, the United States on and after the date described in paragraph (1). (f)

Definitions

In this section: (1)

Commissioner

The term Commissioner means the Commissioner of U.S. Customs and Border Protection. (2)

Connected vehicle

(A)

In general

Except as provided by subparagraph (B), the term connected vehicle means a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads, and highways, that integrates onboard networked hardware with automotive software systems to communicate via dedicated short-range communication, cellular telecommunications connectivity, satellite communication, or other wireless spectrum connectivity with any other network or device. (B)

Exclusion

The term connected vehicle does not include a vehicle operated only on a rail line. (3)

Country of origin

The term country of origin, with respect to a vehicle, means the country— (A)in which the vehicle is manufactured; or (B)the government of which owns or controls, or has jurisdiction or direction over— (i)the entity manufacturing the vehicle; or (ii)the entity supplying the vehicle. (4)

Covered country

The term covered country means— (A)the Democratic People's Republic of North Korea; (B)the People's Republic of China; (C)the Russian Federation; and (D)the Islamic Republic of Iran.