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.

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.

SEC. 2. Definitions.

(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.