SEC. 316.

Prohibition on operation of connected vehicles designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of a foreign entity of concern on Department of Defense property

DIVISION A · TITLE III: Operation and Maintenance · SUBTITLE B: Energy and Environment

Source
SECTION TEXT · SEC. 316.

(a) Prohibition of operation of prohibited connected vehicles

(1) Phase 1

After January 1, 2027, no covered connected vehicle, as designated by the Department of Commerce under part 791 of title 15 of the Code of Federal Regulations, or any successor regulation, may be operated on a military installation or on any other property of the Department of Defense.

(2) Phase 2

After January 1, 2029, no connected vehicle on the list required under subsection (b) may be operated on a military installation or on any other property of the Department of Defense.

(3) Exception

The Secretary of Defense may waive the application of a prohibition under paragraph (1) or (2) to a connected vehicle if the Secretary determines the waiver is in the interest of national security.

(b) List of prohibited connected vehicles

(1) In general

Not later than January 1, 2028, the Secretary of Defense shall establish and make publicly available on a website of the Department of Defense a list of prohibited connected vehicles that—

(A)

are designed, developed, manufactured, or supplied by persons owned by, controlled by, or subject to the jurisdiction of a foreign entity of concern; and

(B)

the Secretary determines pose—

(i)

an undue risk of sabotage to or subversion of the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of information and communications technology and services in the United States;

(ii)

an undue risk of catastrophic effects on the security or resiliency of critical infrastructure in the United States or the digital economy of the United States; or

(iii)

an unacceptable risk to the national security of the United States or the security and safety of United States persons.

(2) Incorporation of existing Federal rules

In establishing the list required under paragraph (1), the Secretary shall incorporate Federal rules in effect as of the date of the enactment of this Act for identifying prohibited connected vehicles.

(3) Annual review

(A) In general

The Secretary shall review the list required under paragraph (1) not less frequently than once each year and shall make such additions, subtractions, supplements, or amendments to the list as the Secretary determines appropriate.

(B) Explanation of subtractions

Any review under subparagraph (A) that makes subtractions from the list required under paragraph (1) shall include an explanation of why the subtraction was made.

(4) Notice

If the Secretary adds a vehicle to the list under paragraph (1), the Secretary shall provide public notice of the addition.

(5) Consultation

(A) In general

The Secretary shall consult with the head of any Federal department or agency that the Secretary determines is appropriate in making the list required under paragraph (1) and conducting any annual review under paragraph (3).

(B) Transmittal of list

The Secretary shall transmit a copy of the list required under paragraph (1), and any modification to that list, to the heads of each Federal department or agency determined appropriate under subparagraph (A).

(c) Implementation plan and briefing

(1) In general

Not later than June 1, 2027, the Secretary of Defense shall establish and provide to the congressional defense committees a briefing on an implementation plan for carrying out the prohibition under subsection (a).

(2) Elements

The implementation plan required under paragraph (1) shall include—

(A)

an identification of the lead organization within the Department of Defense responsible for implementing and overseeing the prohibition under subsection (a);

(B)

a description of the process by which the Department will identify and assess prohibited connected vehicles;

(C)

a description of the means by which the Department will conduct coordination with appropriate Federal departments and agencies;

(D)

an identification of the metrics by which the Department will assess connected vehicles for threats to national security;

(E)

a description of the means by which military installations will ensure compliance with such prohibition; and

(F)

an assessment of resource requirements necessary to implement and maintain such prohibition.

(3) Applicability of prohibitions

A prohibition under subsection (a) shall not take effect before the date on which the Secretary submits to the congressional defense committees certification that the implementation of the prohibition is possible.

(d) Definitions

In this section:

(1)

The term connected vehicle has the meaning given that term in section 791.301 of title 15, Code of Federal Regulations, or successor regulations.

(2)

The term foreign entity of concern has the meaning given that term in section 9901 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 4651 ).

(3)

The term military installation has the meaning given that term in section 2801(c) of title 10, United States Code.