[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1711 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 1711
To address national security risks and prohibit the use of Federal
funds for the procurement of certain vehicles and vehicle technologies
produced or provided by entities based in certain countries, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 12, 2025
Mr. Cornyn (for himself, Ms. Baldwin, Mr. Scott of Florida, Mr. Peters,
Ms. Smith, Mr. Ricketts, Mrs. Capito, and Mrs. Blackburn) introduced
the following bill; which was read twice and referred to the Committee
on Banking, Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To address national security risks and prohibit the use of Federal
funds for the procurement of certain vehicles and vehicle technologies
produced or provided by entities based in certain countries, and for
other purposes.
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 ``Safeguarding Transit Operations to
Prohibit China Act'' or the ``STOP China Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the People's Republic of China (referred to in this
section as the ``PRC'') uses a deliberately intricate web of
industrial policies to distort market behavior to achieve
dominance in global markets and increase the dependence of the
United States on imports from the PRC;
(2) the adoption of PRC-developed technologies in the
United States, including those used in certain vehicles, poses
a significant risk to national security and threatens the long-
term competitiveness of the United States;
(3) the PRC intentionally creates overcapacity and sells
products at below-market prices to gain market share and
undermine United States domestic supply chains;
(4) Congress must continue to confront the military-civil
fusion strategy of the PRC and the intrusion of the PRC into
the United States transportation market, as Congress has done
in the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1198) and the FAA Reauthorization
Act of 2024 (Public Law 118-63; 138 Stat. 1025);
(5) United States taxpayer dollars should not be used to
fund PRC-subsidized vehicle manufacturing or technology
companies; and
(6) any entity accepting Federal funding must be prevented
from procuring certain vehicles--
(A) from a PRC entity or an entity otherwise
related legally or financially to a corporation based
in the PRC; or
(B) that contain certain vehicle technologies
identified as matters of national security concern.
SEC. 3. PROHIBITIONS RELATING TO CERTAIN VEHICLES PRODUCED OR PROVIDED
BY ENTITIES BASED IN CERTAIN COUNTRIES.
Section 5323(u) of title 49, United States Code, is amended--
(1) by striking paragraphs (1) and (2) and inserting the
following:
``(1) Definitions.--In this subsection:
``(A) Covered entity.--The term `covered entity'
means an entity (including a corporation, partnership,
association, organization, or other entity)--
``(i) the principal place of business of
which is in a covered nation;
``(ii) that is headquartered in,
incorporated in, or otherwise organized under
the laws of a covered nation;
``(iii) that, regardless of where the
entity is organized or doing business, is owned
or controlled by a covered nation or covered
individual, including circumstances in which a
covered individual possesses the power to
determine, direct, or decide matters affecting
the entity--
``(I) through--
``(aa) the ownership of a
majority of the total
outstanding voting interest in
the entity;
``(bb) board
representation;
``(cc) proxy voting;
``(dd) a special share;
``(ee) contractual
arrangements;
``(ff) formal or informal
arrangements to act in concert;
or
``(gg) other means; and
``(II) regardless of whether that
power is--
``(aa) direct; or
``(bb) exercised or
unexercised;
``(iv) is owned or controlled by, a
subsidiary of, an affiliate of, or in a joint
venture with an entity described in clause (i),
(ii), or (iii);
``(v) is a manufacturer from which the
procurement of rolling stock was ever
prohibited under this subsections; or
``(vi) is an owner of, successor of,
subsidiary of, affiliate of, or in a joint
venture with a manufacturer described in clause
(v).
``(B) Covered funding.--The term `covered funding'
means any financial assistance made available under
this chapter.
``(C) Covered individual.--The term `covered
individual' means any individual, wherever located--
``(i) whose activities are directly or
supervised, directed, controlled, financed, or
subsidized, in whole or in majority part, by a
covered nation;
``(ii) who acts as an agent,
representative, or employee of a covered nation
or an individual described in clause (i);
``(iii) who acts in any other capacity at
the order of, at the request of, or under the
direction or control of a covered nation or an
individual described in clause (i); or
``(iv) who--
``(I) is a citizen or resident of a
covered nation or a country controlled
by a covered nation; and
``(II) is not a citizen or
permanent resident of the United
States.
``(D) Covered nation.--The term `covered nation'
has the meaning given the term in section 4872(d) of
title 10.
``(E) Covered vehicle.--The term `covered vehicle'
means rolling stock that--
``(i) is produced or provided by a covered
entity included on the list developed under
paragraph (2)(B); or
``(ii) incorporates an electric power train
produced or provided by a covered entity
included on the list developed under paragraph
(2)(B).
``(F) Electric power train.--The term `electric
power train' has the meaning given the term in section
571.305 of title 49, Code of Federal Regulations (as in
effect on the date of enactment of the STOP China Act).
``(2) Prohibition.--
``(A) In general.--Subject to subparagraph (C), on
and after the date of enactment of the STOP China Act,
the Secretary may not award or obligate covered
funding--
``(i) for a contract or subcontract for the
procurement of a covered vehicle; or
``(ii) for the construction, installation,
or maintenance of infrastructure to fuel or
charge a covered vehicle that is a bus, if the
applicable covered vehicle is procured under a
contract or subcontract executed on or after
the date of enactment of the STOP China Act.
``(B) List of covered entities.--
``(i) In general.--Not later than 30 days
after the date of enactment of the STOP China
Act, the United States Trade Representative, in
consultation with the Attorney General and the
Secretary, shall make publicly available,
including on a publicly accessible website, a
list of covered entities that produce or
provide--
``(I) rolling stock to which the
prohibition under subparagraph (A)
applies; or
``(II) electric power trains the
incorporation of which into rolling
stock would render the rolling stock
subject to the prohibition under
subparagraph (A).
``(ii) Updates.--The United States Trade
Representative shall update the list required
under clause (i)--
``(I) based on information provided
to the United States Trade
Representative by the Attorney General
and the Secretary; and
``(II) not less frequently than--
``(aa) once every 90 days
during the 180-day period
beginning on the date of
initial publication of the list
under that clause; and
``(bb) annually thereafter.
``(C) Exception.--Notwithstanding subparagraph (A),
the Secretary may procure a covered vehicle or
construct, install, or maintain infrastructure to fuel
or charge a covered vehicle for purposes of--
``(i) the inspection or investigation of a
motor vehicle or equipment; or
``(ii) motor vehicle safety research,
development, or testing.''.
(2) in paragraph (4), by striking ``paragraph (1)'' each
place that term appears and inserting ``paragraph (2)'';
(3) in paragraph (5)--
(A) in subparagraph (A)--
(i) by striking ``This subsection,
including the'' and inserting ``The'';
(ii) by striking the comma after ``(4)'';
(iii) by inserting ``that does not utilize
covered funds'' after ``subcontract'';
(iv) by striking ``rail rolling stock
manufacturer described in paragraph (1)'' and
inserting ``covered entity'';
(v) by striking ``the manufacturer'' and
inserting ``the covered entity''; and
(vi) by striking ``date of enactment of
this subsection'' and inserting ``date of
enactment of the STOP China Act'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) Contract completion.--Notwithstanding
paragraph (2), covered funds may be obligated for a
contract or subcontract that was eligible for
assistance under this chapter under the provisions of
this subsection prior to the date of enactment of the
STOP China Act until the delivery of rolling stock is
complete under such contract.''; and
(C) by striking subparagraph (C); and
(4) by adding at the end the following:
``(6) Severability.--If any provision of this subsection,
or the application of this subsection to any person or
circumstance, is held to be unconstitutional or otherwise
invalid, the remainder of this subsection, and the application
of the provision to any other person or circumstance, shall not
be affected.''.
SEC. 4. PROHIBITIONS RELATING TO ADDITIONAL VEHICLES PRODUCED OR
PROVIDED BY ENTITIES BASED IN CERTAIN COUNTRIES.
(a) Definitions.--In this section:
(1) Covered entity; covered individual; covered nation;
covered vehicle; electric power train.--The terms ``covered
entity''; ``covered individual'', ``covered nation'', ``covered
vehicle'', and ``electric power train'' have the meanings given
those terms in section 5323(u)(1) of title 49, United States
Code.
(2) Covered funding.--The term ``covered funding'' means
any appropriations made available to the Department, other than
funds made available under chapter 53 of title 49, United
States Code.
(3) Department.--The term ``Department'' means the
Department of Transportation.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(b) Prohibition.--
(1) In general.--Subject to paragraph (3), the Department
may not award, obligate, allocate, or expend covered funding--
(A) for the procurement of a covered vehicle by the
Department or any other agency or person; or
(B) for the construction, installation, or
maintenance of infrastructure to fuel or charge a
covered vehicle that is a bus, if the applicable
covered vehicle is procured under a contract or
subcontract executed on or after the date of enactment
of this Act.
(2) List of covered entities.--
(A) In general.--Not later than 30 days after the
date of enactment of this Act, the United States Trade
Representative, in consultation with the Attorney
General and the Secretary, shall make publicly
available, including on a publicly accessible website,
a list of covered entities that produce or provide--
(i) covered vehicles to which the
prohibition under paragraph (1) applies; or
(ii) electric power trains the
incorporation of which into a covered vehicle
would render the covered vehicle subject to the
prohibition under that paragraph.
(B) Updates.--The United States Trade
Representative shall update the list required under
subparagraph (A)--
(i) based on information provided to the
United States Trade Representative by the
Attorney General and the Secretary; and
(ii) not less frequently than--
(I) once every 90 days during the
180-day period beginning on the date of
initial publication of the list under
that subparagraph; and
(II) annually thereafter.
(3) Exception.--Notwithstanding paragraph (1), the
Department may procure a covered vehicle or construct, install,
or maintain infrastructure to fuel or charge a covered vehicle
for purposes of--
(A) the inspection or investigation of a motor
vehicle or equipment; or
(B) motor vehicle safety research, development, or
testing.
(c) Severability.--If any provision of this section, or the
application of this section to any person or circumstance, is held to
be unconstitutional or otherwise invalid, the remainder of this
section, and the application of the provision to any other person or
circumstance, shall not be affected.
<all>