Prohibition on operation of connected vehicles of concern on military installations and other property of the Department of Defense

(a) Prohibition Phase I (1) In general After July 1, 2027, no connected vehicle designated under paragraph (2) may be operated on a military installation or on any other property of the Department of Defense. (2) Designated vehicles A connected vehicle is designated under this paragraph if it is prohibited under part 791 of title 15, Code of Federal Regulations (or successor regulations). (b) Prohibition Phase II (1) In general After January 1, 2029, no connected vehicle designated under paragraph (2) may be operated on a military installation or on any other property of the Department of Defense. (2) Designated vehicles A connected vehicle is designated under this paragraph if it is— (A) designated under subsection (a)(2); and (B) determined by the Secretary of Defense, pursuant to the process established in the implementation plan under subsection (c)— (i) to be designed, developed, manufactured, or supplied by a person or persons owned by, controlled by, or subject to the jurisdiction or direction of a foreign entity of concern; and (ii) to pose— (I) an undue risk of sabotage to or subversion of the information and communications technology and services of a military installation; (II) an undue risk of catastrophic effects on the security or resiliency of defense critical infrastructure; or (III) an unacceptable risk to the national security of the United States or the security and safety of United States persons. (3) Publication of list (A) In general The Secretary shall publish and maintain on a publicly available website of the Department a list of connected vehicles designated under paragraph (2). (B) Annual review Not less frequently than annually, the Secretary shall review the list required under subparagraph (A) and shall make such additions, subtractions, supplements, or amendments to the list as the Secretary determines appropriate. (C) Explanation of removals Any review under subparagraph (B) that removes a vehicle from the list under subparagraph (A) shall include a written explanation of the basis for such removal. (c) Implementation plan (1) In general Not later than April 1, 2027, the Secretary of Defense shall submit to the congressional defense committees an implementation plan for carrying out the prohibitions under subsections (a) and (b). (2) Elements The implementation plan under paragraph (1) shall include— (A) identification of the lead office within the Department of Defense responsible for implementing and overseeing this section, and an assessment of personnel and funding required to sustain that office to meet the requirements of annual reviews conducted under subsection (e); (B) a verification mechanism through which military installations will identify connected vehicles designated under subsection (a)(2) or (b)(2) that are seeking access to the installation, including an evaluation of vehicle registration database and point-of-entry screening, as well as consultation with State motor vehicle authorities; (C) the analytical process and criteria through which the lead office will designate connected vehicles under subsection (b)(2), including methodology for assessing ownership and supply chain relationships to foreign entities of concern and the risk factors under subparagraph (B)(ii) of such subsection, incorporating existing Federal rules and interagency coordination; and (D) an assessment of the impact on individuals with authorized access to military installations, including military retirees, military families, and civilian employees, and measures to balance security requirements with minimizing the burden on such individuals and minimizing the impact to readiness of the Armed Forces. (d) Notice (1) In general The Secretary of Defense shall provide not less than 180 days notice before a prohibition under subsection (a) or (b) takes effect with respect to any newly designated vehicle under such subsection, during which period individuals with authorized access to a military installation who own or operate such a vehicle may continue to access the installation. (2) Form The Secretary shall provide notice under paragraph (1) by publication on a publicly available website of the Department of Defense and by such other means as the Secretary determines appropriate to reach affected individuals. (e) Certification The prohibitions under subsections (a) and (b) shall take effect only upon the submission by the Secretary of Defense of a certification to the congressional defense committees that the Department of Defense has— (1) the resources, personnel, and screening mechanisms in place to enforce the prohibition at military installations; and (2) in the case of a prohibition under subsection (b), the resources, personnel, and analytical capacity in place to conduct the designation review process under paragraph (3)(B) of such subsection on an ongoing basis. (f) Notification if unable to certify (1) In general If the Secretary of Defense is unable to make a certification under subsection (e) with respect to a prohibition under subsection (a) or (b), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notification of that fact, including— (A) an explanation of why the Secretary is not ready to implement the relevant prohibition; (B) an identification of the steps the Secretary has taken to prepare for implementation of such prohibition; (C) an identification of the additional steps that remain before the Secretary is ready to implement such prohibition; and (D) a timeline for each step to be carried out under subparagraph (C). (2) Timing The Secretary shall submit the notifications required under paragraph (1)— (A) with respect to the prohibition under subsection (a), not later than July 1, 2027, and not less frequently than every 180 days thereafter; and (B) with respect to the prohibition under subsection (b), not later than January 1, 2029, and not less frequently than every 180 days thereafter. (g) Waiver (1) In general The Secretary of Defense may waive a prohibition under subsection (a) or (b) with respect to a military installation, category of installations, or class of connected vehicles upon a determination that operational requirements or national security considerations warrant such waiver, and may delegate such waiver authority to such officials or commanders as the Secretary considers appropriate. (2) Notification The Secretary shall notify the Committees on Armed Services of the Senate and the House of Representatives of any waiver issued under paragraph (1) not later than 30 days after issuance of the waiver, including a rationale for the waiver. (h) Definitions In this section: (1) Connected vehicle 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) Defense critical infrastructure The term defense critical infrastructure has the meaning given the term critical infrastructure of the Department of Defense in section 1650(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2224 note). (3) Foreign entity of concern 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). (4) Military installation The term military installation has the meaning given that term in section 2801(c) of title 10, United States Code.