S. 1711

119 S1711 IS: Safeguarding Transit Operations to Prohibit China Act
 U.S. Senate
 2025-05-12
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
  II
  119th CONGRESS
  1st Session
  S. 1711
  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.
1.
Short title
This Act may be cited as the   Safeguarding Transit Operations to Prohibit China Act   or the   STOP China Act  .
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.
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.
  .
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.