[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8730 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8730
To prohibit the importation, manufacture, sale, resale, or introduction
into interstate commerce in the United States of connected vehicles and
related software and hardware associated with foreign adversaries.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2026
Mr. Moolenaar (for himself and Mrs. Dingell) introduced the following
bill; which was referred to the Committee on Energy and Commerce, and
in addition to the Committees on Ways and Means, and Foreign Affairs,
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 prohibit the importation, manufacture, sale, resale, or introduction
into interstate commerce in the United States of connected vehicles and
related software and hardware associated with foreign adversaries.
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 ``Connected Vehicle Security Act of
2026''.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) The United States automotive industry is critical to
the national economy, supporting millions of jobs, supply
chains, and advanced manufacturing. The introduction of
vehicles and components controlled by foreign adversaries
threatens United States economic security, industrial
competitiveness, and technological leadership.
(2) The People's Republic of China has rapidly expanded its
automotive manufacturing capacity and is increasingly targeting
export markets. Despite having the largest market in the world,
the People's Republic of China exports nearly 8,000,000
vehicles annually, approximately twice the volume exported by
any other country, demonstrating the scale at which vehicles
and components controlled by a foreign adversary may enter
global markets, including the United States.
(3) Connected vehicles incorporate advanced information and
communications technologies that collect, process, and transmit
vast amounts of sensitive data, including geolocation,
operational, and personal information, and are capable of being
remotely accessed and controlled.
(4) In Executive Order 13873 (50 U.S.C. 1701 note; relating
to securing the information and communications technology and
services supply chain), the President declared a national
emergency with respect to the threat posed by foreign
adversaries creating and exploiting vulnerabilities in
information and communications technology and services.
(5) The access, control, or influence of vehicle
connectivity systems or automated driving systems by foreign
adversaries creates substantial economic and national security
risks to the United States, including risks of surveillance,
espionage, cyber intrusion, and disruption of critical
infrastructure. Such risks fall within the scope of the
national emergency described in Executive Order 13873 and pose
an unacceptable threat to the security and resilience of the
United States.
SEC. 3. DEFINITIONS.
In this Act:
(1) Automated driving system.--The term ``automated driving
system'' means hardware and software that, collectively, are
capable of performing the entire dynamic driving task for a
connected vehicle on a sustained basis, regardless of whether
it is limited to a specific operational design domain.
(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--
(i) 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; or
(ii) is designed, manufactured, or
originally equipped to communicate via such
methods, regardless of whether such capability
is enabled, disabled, or removed at the time of
importation, manufacture, sale, resale, or
introduction of the vehicle into interstate
commerce in the United States.
(B) Exclusion.--The term ``connected vehicle'' does
not include a vehicle operated only on a rail line.
(3) Connected vehicle hardware.--The term ``connected
vehicle hardware'' means--
(A) a vehicle connectivity system; and
(B) vehicle connectivity system hardware.
(4) Country of origin.--The term ``country of origin'',
with respect to an item, means the country--
(A) in which the item is manufactured; or
(B) the government of which owns or controls, or
has jurisdiction or direction over--
(i) the entity manufacturing the item; or
(ii) the entity supplying the item.
(5) 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.
(6) Covered software.--The term ``covered software''--
(A) means the software-based components installed
in or on a connected vehicle, or designed to be
installed in or on a connected vehicle, including
application, middleware, and system software, executed
by the primary processing unit or units of an item that
directly enables the function of a vehicle connectivity
system or automated driving system at the vehicle
level; and
(B) includes any machine-learning model or other
artificial intelligence component that directly enables
decisionmaking or control of an automated driving
system at the vehicle level.
(7) Electric vehicle.--The term ``electric vehicle'' has
the meaning given that term in section 3 of the Electric and
Hybrid Vehicle Research, Development, and Demonstration Act of
1976 (15 U.S.C. 2502).
(8) Importation.--The term ``importation'' has the meaning
given the term ``import'' in section 1001 of the Controlled
Substances Import and Export Act (21 U.S.C. 951).
(9) Resale.--
(A) In general.--The term ``resale'', with respect
to an item, means the transfer of ownership of the item
by an individual or entity that acquired the item for
the purpose of transfer in the ordinary course of
business, and not for the use of or consumption by the
individual or entity.
(B) Exclusion.--The term ``resale'' does not
include the transfer of a connected vehicle that was
previously titled or registered to, and used by, a
consumer or end-user or was acquired for bona fide use,
lease, or operation by the individual or entity
transferred the vehicle.
(10) Safety equipment.--The term ``safety equipment'', with
respect to a vehicle, means air bags, air bag inflators, and
seatbelt systems.
(11) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary of Commerce for
Industry and Security.
(12) Transaction.--The term ``transaction''--
(A) means any acquisition, importation, transfer,
installation, dealing in, or use of any item subject to
a prohibition under section 4(a), including ongoing
activities, such as managed services, data
transmission, software updates, repairs, or the
platforming or data hosting of applications for
consumer download; and
(B) includes--
(i) any other transaction, the structure of
which is designed or intended to evade or
circumvent this Act; and
(ii) a class of transactions.
(13) Vehicle connectivity system.--The term ``vehicle
connectivity system'' means a vehicle connectivity system
hardware or covered software item installed in or on a
connected vehicle, or designed to be installed in or on a
connected vehicle, that directly enables the function of
transmission, receipt, conversion, or processing of radio
frequency communications at a frequency over 450 megahertz.
(14) Vehicle connectivity system hardware.--The term
``vehicle connectivity system hardware''--
(A) means software-enabled or programmable
components that--
(i) are installed in or on a connected
vehicle or designed to be installed in or on a
connected vehicle;
(ii) are directly connected to a vehicle
connectivity system; and
(iii) directly enable the function of a
vehicle connectivity system or are part of an
item that directly enables the function of a
vehicle connectivity system; and
(B) includes--
(i) microcontrollers, microcomputers or
modules, systems on a chip, networking or
telematics units, cellular modem/modules, Wi-Fi
microcontrollers or modules, Bluetooth
microcontrollers or modules, satellite
communication systems, other wireless
communication microcontrollers or modules,
external antennas, digital signal processors,
and field-programmable gate arrays;
(ii) electronic systems integrated into a
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; and
(iii) safety equipment.
SEC. 4. PROHIBITION ON CONNECTED VEHICLES AND OTHER TRANSACTIONS THAT
THREATEN ECONOMIC OR NATIONAL SECURITY.
(a) Prohibitions.--
(1) Connected vehicles.--On and after January 1, 2027, the
importation, manufacture, sale, resale, or introduction into
interstate commerce in the United States of a connected vehicle
is prohibited if--
(A) the country of origin of the connected vehicle
is a covered country or the connected vehicle is
designed within a covered country, without regard to
whether--
(i) at the time of importation, sale,
resale, or introduction, the vehicle is
equipped with any covered software or connected
vehicle hardware subject to a prohibition under
paragraph (2) or (3); or
(ii) any such covered software or connected
vehicle hardware--
(I) is removed from the vehicle
before importation, sale, resale, or
introduction; or
(II) will be installed after
importation, sale, resale, or
introduction; or
(B) 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.
(2) Covered software.--On and after January 1, 2027, the
integration of covered software into a connected vehicle that
is imported, manufactured, sold, resold, or introduced into
interstate commerce into the United States is prohibited if--
(A) the country of origin of the covered software
is a covered country; or
(B) the developer of the software--
(i) is organized under the laws of, or has
its principal place of business in, a covered
country; or
(ii) is a joint venture, subsidiary, or
other entity in which more than 25 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, described in clause (i).
(3) Connected vehicle hardware.--
(A) In general.--On and after January 1, 2030, the
importation, manufacture, sale, resale, or introduction
into interstate commerce in the United States of any
connected vehicle hardware is prohibited if--
(i) the country of origin of the hardware
is a covered country; or
(ii) the manufacturer of the hardware--
(I) is organized under the laws of,
or has its principal place of business
in, a covered country; or
(II) is a joint venture,
subsidiary, or other entity in which
more than 25 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,
described in subclause (I).
(B) Repair and warranty.--The prohibition under
subparagraph (A) shall not apply to connected vehicle
hardware that is imported, manufactured, sold, resold,
or introduced into interstate commerce in the United
States for the purpose of repair or under warranty for
a connected vehicle with a model year before model year
2030.
(4) Additional items.--Subject to an applicable ruling or
advisory opinion issued under subsection (d), a prohibition
under paragraph (1), (2), or (3) applies with respect to a
connected vehicle, covered software, or connected vehicle
hardware, as the case may be, that is renamed, rebranded,
restructured, or altered to circumvent the prohibition.
(5) Exception.--The prohibitions under paragraphs (1), (2),
and (3) shall not apply to the importation, manufacture, sale,
resale, or introduction into interstate commerce in the United
States of a connected vehicle, covered software, or connected
vehicle hardware, as the case may be, 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.
(b) Related Transactions.--
(1) In general.--The Secretary shall prescribe regulations,
pursuant to section 553 of title 5, United States Code, to
prohibit any specific transaction relating to connected
vehicles, including the importation, sale, distribution,
integration, or use of a connected vehicle, covered software,
connected vehicle hardware, or any other item subject to a
prohibition under subsection (a), that the Secretary determines
poses an undue or unacceptable threat to the economic or
national security of the United States.
(2) Notice.--If the Secretary prohibits a transaction under
paragraph (1), the Secretary shall deliver, by certified United
States mail, to the parties to the transaction a notice of the
prohibition that includes an identification, by name, of the
specific item that the Secretary determines poses an undue or
unacceptable threat to the economic or national security of the
United States.
(c) Authorizations.--
(1) Issuance.--
(A) In general.--The Secretary, in consultation
with the Secretary of Defense, the Secretary of
Transportation, the Secretary of State, and the
Secretary of Energy, may issue a general or specific
authorization for the importation, manufacture, sale,
resale, or introduction into interstate commerce in the
United States of an item that would otherwise be
subject to the prohibitions under subsection (a) if--
(i) the Secretary determines, based on
clear and convincing evidence and a written
risk assessment, that the importation,
manufacture, sale, resale, or introduction of
the item does not pose, and is not reasonably
likely to pose--
(I) an undue risk of data
exfiltration from, or remote
manipulation or operation of, a
connected vehicle;
(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 Secretary
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) Continued validity and modification and
revocation of authorizations.--
(i) Continued validity of existing
authorizations.--Except as provided by clauses
(ii) and (iii), any general or specific
authorization issued under subparagraph (A) or
subpart D of part 791 of title 15, Code of
Federal Regulations, before January 1, 2030,
shall remain in effect until January 1, 2032,
unless modified, suspended, or revoked under
clause (ii).
(ii) Modification or revocation of general
or specific authorizations.--The Secretary may,
at any time, modify, suspend, or revoke a
general or specific authorization described in
clause (i) 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 items the importation,
manufacture, sale, resale, or introduction into
interstate commerce in the United States of which is
authorized under paragraph (1). 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 product name for each item on the list.
(ii) Other identifying characteristics.--
When it is not possible to include, in the list
required by subparagraph (A), the manufacturer
and product name for an item, the Secretary
shall provide technical criteria sufficient to
enable the automotive industry and importers to
determine without undue difficulty whether the
importation, manufacture, sale, resale, or
introduction into interstate commerce in the
United States of an item is authorized under
paragraph (1). In carrying out this clause, the
Secretary shall protect intellectual property
to the extent practicable.
(iii) Risk assessment.--To the extent
possible, the Secretary shall include, in the
list required by subparagraph (A), a detailed
explanation about why each item on the list
does not pose an undue risk described in
subparagraph (A) or (B) of paragraph (1).
(3) Requests for authorization.--Not later than January 1,
2027, the Secretary shall establish a procedure pursuant to
which an importer, manufacturer, supplier, or seller or
reseller may seek the authorization under paragraph (1) of the
importation, manufacture, sale, resale, or introduction into
interstate commerce in the United States of an item described
in subsection (a) that would otherwise be subject to the
prohibitions under that subsection.
(d) Rulings and Advisory Opinions.--
(1) In general.--Not later than January 1, 2027, the
Secretary shall establish a procedure pursuant to which an
importer, manufacturer, or seller or reseller may seek a
binding ruling or advisory opinion with respect to whether--
(A) the importation, manufacture, sale, resale, or
introduction into interstate commerce in the United
States of an item is or is not prohibited under this
section; or
(B) a connected vehicle, covered software, or
connected vehicle hardware has been renamed, rebranded,
restructured, or altered to circumvent the prohibitions
under subsection (a).
(2) Timing.--The Secretary shall issue a ruling or advisory
opinion under paragraph (1) with respect to an item not later
than 45 days after receiving an application supported by a
reasonably clear description of the item.
(3) Publication.--
(A) In general.--The Secretary shall--
(i) publish a list of the items for which
the Secretary has issued rulings and advisory
opinions under paragraph (1); and
(ii) update that list not less frequently
than annually.
(B) Prohibition on publication of identifying
information.--The Secretary shall not publish the name
of, or other information that might reasonably
identify, the party that requested the ruling or
advisory opinion.
(4) Continued validity of existing rulings and opinions.--
Except as provided by paragraph (5), a ruling or advisory
opinion issued under this subsection or subpart D of part 791
of title 15, Code of Federal Regulations, before January 1,
2027, shall remain in effect.
(5) Modification or revocation.--The Secretary may modify,
suspend, or revoke any binding ruling or advisory opinion
issued under paragraph (1) or subpart D of part 791 of title
15, Code of Federal Regulations, with respect to an item at any
time if the Secretary determines that the circumstances that
led to the ruling or opinion have changed.
(e) Declaration of Conformity.--The Secretary shall establish a
process under which a person that imports, manufactures, sells,
resells, or introduces into interstate commerce in the United States a
connected vehicle or connected vehicle hardware is required to submit a
declaration, to be known as a ``declaration of conformity'', to the
Secretary before importing, manufacturing, selling, reselling, or
introducing the vehicle or hardware that certifies that the vehicle or
hardware is not subject to a prohibition under subsection (a).
(f) Civil Penalties.--
(1) In general.--The Secretary shall assess a civil penalty
for each transaction that is a violation of a prohibition under
subsection (a) in an amount that is not less than the greater
of--
(A) $1,500,000; or
(B) five times the value of the transaction.
(2) Continuing violations.--In the case of a violation that
occurs on more than one day, each day on which the violation
continues shall be treated as a separate violation.
(g) Classified Information.--The Secretary may rely on classified
information in carrying out this section, which may be submitted to a
reviewing court ex parte and in camera.
(h) Petitions for Review.--The filing in a court of a petition for
review shall not stay the effectiveness of any action under this
section unless ordered by the court.
SEC. 5. USE OF EXISTING ADVISORY BODIES; INTERAGENCY COORDINATION.
(a) Use of Existing Advisory Bodies.--
(1) In general.--In carrying out this Act, the Secretary
may consult, as appropriate, with existing advisory committees
of the Department of Transportation and other relevant Federal
agencies, including the Advisory Committee on Automation in
Transportation, on matters relating to connected vehicles and
associated national security risks.
(2) Scope of consultation.--Consultation under paragraph
(1) may include consideration of--
(A) risks relating to data security, cybersecurity,
and supply chain integrity associated with connected
vehicles;
(B) the effectiveness of authorities and
regulations issued under this Act;
(C) emerging technologies and threat vectors
relevant to connected vehicle ecosystems; and
(D) recommendations made to the Secretary with
respect to regulatory, enforcement, and policy measures
to mitigate risks described in subparagraph (A).
(b) Interagency Coordination.--In carrying out this Act, the
Secretary may consult and coordinate, as appropriate, with the Federal
Communications Commission and other relevant Federal agencies to ensure
alignment with respect to the scope, timeline, and implementation of
any prohibitions or restrictions issued under this Act, including to
avoid duplicative, inconsistent, or conflicting regulatory
requirements.
SEC. 6. REPORTS.
Not later than one year after the date of the enactment of this
Act, and annually thereafter, the Secretary shall submit to Congress a
report--
(1) describing activities carried out to enforce the
prohibitions under section 4, including enforcement actions
taken and resources utilized;
(2) providing a detailed accounting of items covered by
such prohibitions during the 1-year period preceding submission
of the report;
(3) explaining any exclusions, exemptions, or
determinations made by the Secretary, including the rationale
and criteria applied;
(4) assessing the effectiveness of such prohibitions in
decreasing the threats to the economic and national security of
the United States posed by connected vehicles;
(5) including metrics on enforcement, compliance rates,
violations identified, penalties assessed, and any identified
gaps or challenges; and
(6) making recommendations with respect to further
decreasing such threats.
SEC. 7. SEVERABILITY; REGULATORY CONTINUITY.
(a) Severability.--If any provision of this Act, or the application
of such provision to any person or circumstance, is held to be invalid,
the remainder of this Act, and the application of the remaining
provisions to any person or circumstance, shall not be affected.
(b) Restoration of Prior Regulations.--If a court of competent
jurisdiction enters a final judgment holding invalid or unenforceable a
provision of this Act and supersedes regulations prescribed to carry
out section 4, the Secretary may, notwithstanding any other provision
of this Act, reissue or reinstate, in whole or in part, any similar
regulations that were in effect on the day before the date of the
enactment of this Act.
SEC. 8. INTERACTION WITH REGULATIONS.
(a) Rule of Construction.--Nothing in this Act shall be construed
to prohibit, limit, or otherwise affect the authority of the Secretary
of Commerce to implement or administer subpart D of part 791 of title
15, Code of Federal Regulations, as added by the final rule of the
Bureau of Industry and Security entitled ``Securing the Information and
Communications Technology and Services Supply Chain: Connected
Vehicles'' (90 Fed. Reg. 5360).
(b) Delayed Implementation for Software and Hardware Not Covered by
Regulations.--In the case of covered software and connected vehicle
hardware that is subject to a prohibition under paragraph (2) or (3) of
section 4(a) and is not subject to subpart D of part 791 of title 15,
Code of Federal Regulations, as in effect on the day before the date of
the enactment of this Act, the Secretary shall implement the
prohibition under section 4(a) after January 1, 2030, and before
January 1, 2032.
(c) Treatment of Prior Exclusions.--
(1) In general.--Subject to paragraph (2), any exclusion or
exception to a prohibition under subpart D of part 791 of title
15, Code of Federal Regulations, as in effect on the day before
the date of the enactment of this Act, shall remain valid and
shall apply to the prohibitions under section 4(a).
(2) Rulemaking.--Beginning January 1, 2030, the Secretary
shall conduct a rulemaking, pursuant to section 553 of title 5,
United States Code, to determine whether exclusions or
exceptions described in paragraph (1) should be continued,
modified, or terminated for the purposes of this Act.
<all>