Text of Senate Amendment 5977

On 2026-06-23, Senator Bernie Moreno (R-OH) delivered a floor speech titled "Text Of Senate Amendment 5977" in the Senate.

Text of Senate Amendment 5977

Congressional Record, Volume 172 Issue 105 (Tuesday, June 23, 2026) [Congressional Record Volume 172, Number 105 (Tuesday, June 23, 2026)] [Senate] [Pages S3115-S3118] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 5977. Mr. MORENO (for himself and Ms. Slotkin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows: At the end of division A, add the following: TITLE XVII--CONNECTED VEHICLE SECURITY ACT OF 2026 SEC. 1701. SHORT TITLE. This title may be cited as the ``Connected Vehicle Security Act of 2026''. SEC. 1702. DEFINITIONS. In this title: (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, without human intervention, 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)(I) integrates onboard networked hardware with automotive software systems to communicate, at a radio frequency over 450 megahertz, 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 as described in clause (i), 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; and (ii) has a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less. (B) Exclusion.--The term ``connected vehicle'' does not include a vehicle operated only on a rail line. [[Page S3116]] (3) 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. (4) Covered software.-- (A) In general.--The term ``covered software''-- (i) 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 (ii) includes any machine-learning model or other artificial intelligence component that directly enables, at the vehicle level, decision-making or control of an automated driving system. (B) Exclusion.--The term ``covered software'' does not include open-source software, except to the extent that such software has been modified, adapted, customized, integrated, distributed, maintained, or otherwise incorporated into a software product by, on behalf of, or under the direction or control of a foreign entity of concern. (5) Electric vehicle battery.--The term ``electric vehicle battery'' means a rechargeable battery designed to store and supply electrical energy for the propulsion of a hybrid or electric vehicle. (6) Foreign entity of concern.--The term ``foreign entity of concern'' means-- (A) any individual, wherever located, who-- (i) acts as an agent, representative, or employee, or acts in any other capacity at the order, request, or under the direction or control, of a covered country or of a person whose activities are directly or indirectly supervised, directed, controlled, financed, or subsidized in whole or in majority part by a covered country; or (ii) is a citizen or resident of a covered country or a country controlled by a covered country, and is not a United States citizen or alien lawfully admitted for permanent residence in the United States; or (B) an entity-- (i) with a principal place of business in, headquartered in, incorporated in, or otherwise organized under the laws of a covered country or a country controlled by a covered country; (ii) that is a subsidiary or affiliate of an entity described in clause (i); or (iii) wherever organized or doing business, that is owned or controlled by a covered country, participating in a partnership or joint venture with an individual described in subparagraph (A) or an entity described in clause (i), or subject to other circumstances in which such an individual or entity, or combination of such individuals or entities, possesses the power, direct or indirect, whether or not exercised, through-- (I) ownership of a majority or a dominant minority of the total outstanding voting or financial interest in the entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide important matters affecting the entity; (II) with respect to a manufacturer, developer, designer, or supplier of a connected vehicle, ownership or control of more than 15 percent of the total outstanding equity interest, voting interest, board representation, or other indicia of control; (III) with respect to a manufacturer, developer, designer, or supplier of covered software, ownership or control of more than 25 percent of the total outstanding equity interest, voting interest, board representation, or other indicia of control; or (IV) with respect to a manufacturer or supplier of vehicle connectivity system hardware, ownership or control of more than 25 percent of the total outstanding equity interest, voting interest, board representation, or other indicia of control. (7) 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). (8) Resale.-- (A) In general.--The term ``resale'', with respect to a vehicle, software, or hardware, means the transferring of ownership of the vehicle, software, or hardware by an individual or entity that acquired the vehicle, software, or hardware 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 or by a dealer (as defined in section 30102(a)(2) of title 49, United States Code). (9) Secretary.--The term ``Secretary'' means the Secretary of Commerce, acting through the Under Secretary of Commerce for Industry and Security. (10) Transaction.--The term ``transaction''-- (A) means any acquisition, importation, transfer, installation, dealing in, or use of any vehicle, software, or hardware subject to a prohibition under section 1703(a), including ongoing activities, such as managed services, data transmission, software updates, repairs, or provision of platform services or data hosting of applications for consumer download; and (B) includes-- (i) any other transaction, arrangement, practice, or course of conduct, the structure or purpose of which is designed or intended to evade or circumvent this title; and (ii) a class of transactions. (11) Vehicle connectivity system.--The term ``vehicle connectivity system'' means vehicle connectivity system hardware or a 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. (12) Vehicle connectivity system hardware.-- (A) In general.--The term ``vehicle connectivity system hardware''-- (i) 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 connectivity functions of a vehicle connectivity system or are part of an item that directly enables the function of a vehicle connectivity system; and (ii) 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; and (II) 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. (B) Exclusion.--The term ``vehicle connectivity system hardware'' does not include component parts that do not contribute to the connectivity function of vehicle connectivity system hardware, such as brackets, fasteners, plastics, passive electronics, diodes, field effect transistors, and bipolar junction transistors. SEC. 1703. 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, s