[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 10158 Introduced in House (IH)]

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119th CONGRESS
  2d Session
                               H. R. 10158

To require the Secretary of Commerce to conduct a study on the national 
    and economic security risks posed by foreign adversaries to the 
   automotive industry of the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            August 27, 2026

    Mrs. Harshbarger (for herself and Mrs. Dingell) introduced the 
   following bill; which was referred to the Committee on Energy and 
   Commerce, and in addition to the Committee on Science, Space, and 
Technology, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To require the Secretary of Commerce to conduct a study on the national 
    and economic security risks posed by foreign adversaries to the 
   automotive industry of the United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Automotive National and Economic 
Security Act of 2026''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Energy and Commerce of the 
                House of Representatives; and
                    (B) the Committee on Commerce, Science, and 
                Transportation of the Senate.
            (2) Automated driving system.--The term ``automated driving 
        system''--
                    (A) 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; and
                    (B) includes only a system that meets the 
                definition of Level 3, Level 4, or Level 5 automation.
            (3) Controlled by a foreign adversary.--The term 
        ``controlled by a foreign adversary'' means, with respect to a 
        manufacturer, that such manufacturer is a foreign person that--
                    (A) is domiciled in a foreign adversary;
                    (B) is headquartered in a foreign adversary;
                    (C) has a principal place of business in a foreign 
                adversary;
                    (D) is organized under the laws of a foreign 
                adversary; or
                    (E) derives at least 50 percent of annual revenue 
                in a foreign adversary.
            (4) Covered activity.--The term ``covered activity'' means 
        any of the following commercial arrangements or agreements 
        related to the manufacture of motor vehicles, covered hardware, 
        or covered software with respect to which at least 1 party is a 
        foreign adversary or a manufacturer controlled by a foreign 
        adversary:
                    (A) Any ownership interest, direct or indirect, in 
                a manufacturer.
                    (B) Any commercial partnership, including a joint 
                venture, subsidiary, or contract manufacturing 
                agreement.
                    (C) Any technology sharing agreement, including a 
                research and development partnership or a licensing 
                agreement.
                    (D) Any investment by a manufacturer in a motor 
                vehicle manufacturer or vehicle equipment manufacturer 
                controlled by a foreign adversary.
            (5) Covered hardware.--The term ``covered hardware'' 
        means--
                    (A) software-enabled or programmable components 
                that--
                            (i) are installed or designed to be 
                        installed in or on a motor vehicle;
                            (ii) are directly connected to systems in 
                        or on a motor vehicle that directly enable the 
                        transmission, receipt, conversion, or 
                        processing of radio frequency communications at 
                        a frequency over 450 megahertz; and
                            (iii) directly or as a part of an item, 
                        enables the connectivity functions of such 
                        systems; or
                    (B) electronic systems integrated into an electric 
                vehicle battery that directly enable or control the 
                monitoring, management, security, or external 
                communication of battery performance or operation, 
                including any transmitter or interface component that 
                performs such functions.
            (6) Covered software.--The term ``covered software'' means 
        a software-based component, including any application, 
        middleware, system software, and any machine-learning model or 
        other artificial intelligence component, that is installed in 
        or on a motor vehicle, or designed to be installed in or on a 
        motor vehicle, and that is executed by the primary processing 
        unit or units of an item that directly enables, at the vehicle 
        level, the functioning of covered hardware or an automated 
        driving system.
            (7) Critical and emerging technology.--The term ``critical 
        and emerging technology'' means any of the following:
                    (A) Advanced computing.
                    (B) Advanced engineering materials.
                    (C) Advanced and networked sensing and signature 
                management.
                    (D) Advanced manufacturing.
                    (E) Artificial intelligence.
                    (F) Clean energy generation and storage.
                    (G) Data privacy, data security, and cybersecurity 
                technology.
                    (H) Highly automated, autonomous, and uncrewed 
                Systems (UxS) and robotics.
                    (I) Human-machine interfaces.
                    (J) Integrated communication and networking 
                technology.
                    (K) Positioning, navigation, and timing (PNT) 
                technology.
                    (L) Quantum information and enabling technology.
                    (M) Semiconductors and microelectronics.
            (8) Foreign adversary.--The term ``foreign adversary'' has 
        the meaning given the term ``covered nation'' in section 
        4872(f) of title 10, United States Code.
            (9) Manufacturer.--The term ``manufacturer'' means any 
        person in the United States that manufactures, assembles, or 
        imports a passenger motor vehicle, including a passenger motor 
        vehicle that includes covered hardware or covered software.
            (10) Secretary.--The term ``Secretary'' means the Secretary 
        of the Department of Commerce (acting through the Office of the 
        Secretary of Commerce).

SEC. 3. STUDY ON FOREIGN ADVERSARIES AND THE AMERICAN AUTOMOTIVE 
              INDUSTRY.

    (a) Study Required.--The Secretary shall conduct a study on covered 
activity by manufacturers.
    (b) Elements.--In conducting the study required by subsection (a), 
the Secretary shall assess the following:
            (1) The engagement of each manufacturer in any covered 
        activity.
            (2) With respect to any covered activity described in 
        paragraph (2):
                    (A) Any adverse impact to the national security, 
                economic competitiveness, or intellectual property 
                protection of the United States resulting from such 
                covered activity.
                    (B) Any involvement by an entity controlled by a 
                foreign adversary that is a State-directed investment 
                vehicle, including any military, political party, 
                State-owned enterprise, sovereign wealth fund, or 
                government-controlled investment vehicle.
                    (C) Any transfer of technology relating to critical 
                and emerging technology to any entity described in 
                subparagraph (B) or a manufacturer controlled by a 
                foreign adversary.
                    (D) Any operations or employees of the manufacturer 
                in a foreign adversary relating to such covered 
                activity.
    (c) Consultation.--In conducting the study required by subsection 
(a), the Secretary shall consult with the head of any relevant agency 
as determined by the Secretary.
    (d) Submission; Publication.--Not later than 2 years after the date 
of the enactment of this Act, the Secretary shall--
            (1) submit to the appropriate congressional committees a 
        report on the study required by subsection (a); and
            (2) publish an unclassified report on a website of the 
        Department of Commerce, except that the Secretary may not 
        disclose confidential business information, trade secrets, or 
        information the disclosure of which would reasonably be 
        expected to harm the national security of the United States.
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