H.R. 10158

I
  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 auto-
  motive 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 com-
  mittee 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.
1Be it enacted by the Senate and House of Representa-
  2 tives of the United States of America in Congress assembled,
3   SECTION 1. SHORT TITLE.
4This Act may be cited as the ‘‘Automotive National
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  5 and Economic Security Act of 2026’’.
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1   SEC. 2. DEFINITIONS.
2In this Act:
3(1) APPROPRIATE  CONGRESSIONAL  COMMIT-
4TEES.—The  term ‘‘appropriate congressional com-
5mittees’’ means—
6(A) the Committee on Energy and Com-
7merce of the House of Representatives; and
8(B) the Committee on Commerce, Science,
9and Transportation of the Senate.
10(2) AUTOMATED DRIVING SYSTEM.—The term
11‘‘automated driving system’’—
12(A) means the hardware and software that
13are collectively capable of performing the entire
14dynamic driving task on a sustained basis, re-
15gardless of whether such system is limited to a
16specific operational design domain; and
17(B) includes only a system that meets the
18definition of Level 3, Level 4, or Level 5 auto-
19mation.
20(3) CONTROLLED BY A FOREIGN ADVERSARY.—
21The term ‘‘controlled by a foreign adversary’’ means,
22with respect to a manufacturer, that such manufac-
23turer is a foreign person that—
24(A) is domiciled in a foreign adversary;
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25(B) is headquartered in a foreign adver-
26sary;
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1(C) has a principal place of business in a
2foreign adversary;
3(D) is organized under the laws of a for-
4eign adversary; or
5(E) derives at least 50 percent of annual
6revenue in a foreign adversary.
7(4) COVERED ACTIVITY.—The term ‘‘covered
8activity’’ means any of the following commercial ar-
9rangements or agreements related to the manufac-
10ture of motor vehicles, covered hardware, or covered
11software with respect to which at least 1 party is a
12foreign adversary or a manufacturer controlled by a
13foreign adversary:
14(A) Any ownership interest, direct or indi-
15rect, in a manufacturer.
16(B) Any commercial partnership, including
17a joint venture, subsidiary, or contract manu-
18facturing agreement.
19(C) Any technology sharing agreement, in-
20cluding a research and development partnership
21or a licensing agreement.
22(D) Any investment by a manufacturer in
23a motor vehicle manufacturer or vehicle equip-
24ment manufacturer controlled by a foreign ad-
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25versary.
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1(5) COVERED HARDWARE.—The term ‘‘covered
2hardware’’ means—
3(A)  software-enabled  or  programmable
4components that—
5(i) are installed or designed to be in-
6stalled in or on a motor vehicle;
7(ii) are directly connected to systems
8in or on a motor vehicle that directly en-
9able the transmission, receipt, conversion,
10or processing of radio frequency commu-
11nications at a frequency over 450 mega-
12hertz; and
13(iii) directly or as a part of an item,
14enables the connectivity functions of such
15systems; or
16(B) electronic systems integrated into an
17electric vehicle battery that directly enable or
18control the monitoring, management, security,
19or external communication of battery perform-
20ance or operation, including any transmitter or
21interface component that performs such func-
22tions.
23(6) COVERED SOFTWARE.—The term ‘‘covered
24software’’ means a software-based component, in-
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25cluding any application, middleware, system soft-
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1ware, and any machine-learning model or other arti-
2ficial intelligence component, that is installed in or
3on a motor vehicle, or designed to be installed in or
4on a motor vehicle, and that is executed by the pri-
5mary processing unit or units of an item that di-
6rectly enables, at the vehicle level, the functioning of
7covered hardware or an automated driving system.
8(7) CRITICAL AND EMERGING TECHNOLOGY.—
9The term ‘‘critical and emerging technology’’ means
10any of the following:
11(A) Advanced computing.
12(B) Advanced engineering materials.
13(C) Advanced and networked sensing and
14signature management.
15(D) Advanced manufacturing.
16(E) Artificial intelligence.
17(F) Clean energy generation and storage.
18(G) Data privacy, data security, and cyber-
19security technology.
20(H) Highly automated, autonomous, and
21uncrewed Systems (UxS) and robotics.
22(I) Human-machine interfaces.
23(J) Integrated communication and net-
24working technology.
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1(K) Positioning, navigation, and timing
2(PNT) technology.
3(L) Quantum information and enabling
4technology.
5(M) Semiconductors and microelectronics.
6(8) FOREIGN ADVERSARY.—The term ‘‘foreign
7adversary’’ has the meaning given the term ‘‘covered
8nation’’ in section 4872(f) of title 10, United States
9Code.
10(9) MANUFACTURER.—The term ‘‘manufac-
11turer’’ means any person in the United States that
12manufactures, assembles, or imports a passenger
13motor vehicle, including a passenger motor vehicle
14that includes covered hardware or covered software.
15(10)  SECRETARY.—The  term  ‘‘Secretary’’
16means the Secretary of the Department of Com-
17merce (acting through the Office of the Secretary of
18Commerce).
19    SEC. 3. STUDY ON FOREIGN ADVERSARIES AND THE AMER-
20ICAN AUTOMOTIVE INDUSTRY.
21(a) STUDY REQUIRED.—The Secretary shall conduct
  22 a study on covered activity by manufacturers.
23(b) ELEMENTS.—In conducting the study required by
  24 subsection (a), the Secretary shall assess the following:
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1(1) The engagement of each manufacturer in
2any covered activity.
3(2) With respect to any covered activity de-
4scribed in paragraph (2):
5(A) Any adverse impact to the national se-
6curity, economic competitiveness, or intellectual
7property protection of the United States result-
8ing from such covered activity.
9(B) Any involvement by an entity con-
10trolled by a foreign adversary that is a State-
11directed investment vehicle, including any mili-
12tary, political party, State-owned enterprise,
13sovereign wealth fund, or government-controlled
14investment vehicle.
15(C) Any transfer of technology relating to
16critical and emerging technology to any entity
17described in subparagraph (B) or a manufac-
18turer controlled by a foreign adversary.
19(D) Any operations or employees of the
20manufacturer in a foreign adversary relating to
21such covered activity.
22(c) CONSULTATION.—In conducting the study re-
  23 quired by subsection (a), the Secretary shall consult with
  24 the head of any relevant agency as determined by the Sec-
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  25 retary.
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1(d) SUBMISSION; PUBLICATION.—Not later than 2
  2 years after the date of the enactment of this Act, the Sec-
  3 retary shall—
4(1) submit to the appropriate congressional
5committees a report on the study required by sub-
6section (a); and
7(2) publish an unclassified report on a website
8of the Department of Commerce, except that the
9Secretary may not disclose confidential business in-
10formation, trade secrets, or information the disclo-
11sure of which would reasonably be expected to harm
12the national security of the United States.
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