,,ii #aaith ,,congress #ast ,session ,s4 #agaa ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ab1 #bjbe ,mr4 ,cornyn 7for himself1 ,ms4 ,baldwin1 ,mr4 ,scott of ,florida1 ,mr4 ,peters1 ,ms4 ,smith1 ,mr4 ,ricketts1 ,mrs4 ,capito1 and ,mrs4 ,blackburn7 introduced the following bill2 which was read twice and referred to the ,committee on ,banking1 ,housing1 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 countries1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safeguarding ,transit ,operations to ,prohibit ,china ,act or the ,,stop ,china ,act4 #b4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 the ,people's ,republic of ,china 7referred to in this section as the ,,prc7 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 ,,prc2 7#b7 the adoption of ,,prc-developed technologies in the ,united ,states1 including those used in certain vehicles1 poses a significant risk to national security and threatens the long-term competitiveness of the ,united ,states2 7#c7 the ,,prc intentionally creates overcapacity and sells products at below-market prices to gain market share and undermine ,united ,states domestic supply chains2 7#d7 ,congress must continue to confront the military-civil fusion strategy of the ,,prc and the intrusion of the ,,prc into the ,united ,states transportation market1 as ,congress has done in the ,national ,defense ,authorization ,act for ,fiscal ,year #bjbj 7,public ,law #aaf-ib2 #acc ,stat4 #aaih7 and the ,,faa ,reauthorization ,act of #bjbd 7,public ,law #aah-fc2 #ach ,stat4 #ajbe72 7#e7 ,united ,states taxpayer dollars should not be used to fund ,,prc-subsidized vehicle manufacturing or technology companies2 and 7#f7 any entity accepting ,federal funding must be prevented from procuring certain vehicles-- 7,a7 from a ,,prc entity or an entity otherwise related legally or financially to a corporation based in the ,,prc2 or 7,b7 that contain certain vehicle technologies identified as matters of national security concern4 #c4 ,prohibitions relating to certain vehicles produced or provided by entities based in certain countries ,section #ecbc7u7 of title #di1 ,united ,states ,code1 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b7 and inserting the following3 7#a7 ,definitions ,in this subsection3 7,a7 ,covered entity ,the term covered entity means an entity 7including a corporation1 partnership1 association1 organization1 or other entity7-- 7i7 the principal place of business of which is in a covered nation2 7ii7 that is headquartered in1 incorporated in1 or otherwise organized under the laws of a covered nation2 7iii7 that1 regardless of where the entity is organized or doing business1 is owned or controlled by a covered nation or covered individual1 including circumstances in which a covered individual possesses the power to determine1 direct1 or decide matters affecting the entity-- 7,i7 through-- 7aa7 the ownership of a majority of the total outstanding voting interest in the entity2 7bb7 board representation2 7cc7 proxy voting2 7dd7 a special share2 7ee7 contractual arrangements2 7ff7 formal or informal arrangements to act in concert2 or 7gg7 other means2 and 7,,ii7 regardless of whether that power is-- 7aa7 direct2 or 7bb7 exercised or unexercised2 7iv7 is owned or controlled by1 a subsidiary of1 an affiliate of1 or in a joint venture with an entity described in clause 7i71 7ii71 or 7iii72 7v7 is a manufacturer from which the procurement of rolling stock was ever prohibited under this subsections2 or 7vi7 is an owner of1 successor of1 subsidiary of1 affiliate of1 or in a joint venture with a manufacturer described in clause 7v74 7,b7 ,covered funding ,the term covered funding means any financial assistance made available under this chapter4 7,c7 ,covered individual ,the term covered individual means any individual1 wherever located-- 7i7 whose activities are directly or supervised1 directed1 controlled1 financed1 or subsidized1 in whole or in majority part1 by a covered nation2 7ii7 who acts as an agent1 representative1 or employee of a covered nation or an individual described in clause 7i72 7iii7 who acts in any other capacity at the order of1 at the request of1 or under the direction or control of a covered nation or an individual described in clause 7i72 or 7iv7 who-- 7,i7 is a citizen or resident of a covered nation or a country controlled by a covered nation2 and 7,,ii7 is not a citizen or permanent resident of the ,united ,states4 7,d7 ,covered nation ,the term covered nation has the meaning given the term in section #dhgb7;d7 of title #aj4 7,e7 ,covered vehicle ,the term covered vehicle means rolling stock that-- 7i7 is produced or provided by a covered entity included on the list developed under paragraph 7#b77;,b72 or 7ii7 incorporates an electric power train produced or provided by a covered entity included on the list developed under paragraph 7#b77;,b74 7,f7 ,electric power train ,the term electric power train has the meaning given the term in section #ega4cje of title #di1 ,code of ,federal ,regulations 7as in effect on the date of enactment of the ,,stop ,china ,act74 7#b7 ,prohibition 7,a7 ,in general ,subject to subparagraph 7,c71 on and after the date of enactment of the ,,stop ,china ,act1 the ,secretary may not award or obligate covered funding-- 7i7 for a contract or subcontract for the procurement of a covered vehicle2 or 7ii7 for the construction1 installation1 or maintenance of infrastructure to fuel or charge a covered vehicle that is a bus1 if the applicable covered vehicle is procured under a contract or subcontract executed on or after the date of enactment of the ,,stop ,china ,act4 7,b7 ,list of covered entities 7i7 ,in general ,not later than #cj days after the date of enactment of the ,,stop ,china ,act1 the ,united ,states ,trade ,representative1 in consultation with the ,attorney ,general and the ,secretary1 shall make publicly available1 including on a publicly accessible website1 a list of covered entities that produce or provide-- 7,i7 rolling stock to which the prohibition under subparagraph 7,a7 applies2 or 7,,ii7 electric power trains the incorporation of which into rolling stock would render the rolling stock subject to the prohibition under subparagraph 7,a74 7ii7 ,updates ,the ,united ,states ,trade ,representative shall update the list required under clause 7i7-- 7,i7 based on information provided to the ,united ,states ,trade ,representative by the ,attorney ,general and the ,secretary2 and 7,,ii7 not less frequently than-- 7aa7 once every #ij days during the #ahj-;day period beginning on the date of initial publication of the list under that clause2 and 7bb7 annually thereafter4 7,c7 ,exception ,notwithstanding subparagraph 7,a71 the ,secretary may procure a covered vehicle or construct1 install1 or maintain infrastructure to fuel or charge a covered vehicle for purposes of-- 7i7 the inspection or investigation of a motor vehicle or equipment2 or 7ii7 motor vehicle safety research1 development1 or testing4 4 7#b7 in paragraph 7#d71 by striking paragraph 7#a7 each place that term appears and inserting paragraph 7#b72 7#c7 in paragraph 7#e7-- 7,a7 in subparagraph 7,a7-- 7i7 by striking ,this subsection1 including the and inserting ,the2 7ii7 by striking the comma after 7#d72 7iii7 by inserting that does not utilize covered funds after subcontract2 7iv7 by striking rail rolling stock manufacturer described in paragraph 7#a7 and inserting covered entity2 7v7 by striking the manufacturer and inserting the covered entity2 and 7vi7 by striking date of enactment of this subsection and inserting date of enactment of the ,,stop ,china ,act2 7,b7 by striking subparagraph 7,b7 and inserting the following3 7,b7 ,contract completion ,notwithstanding paragraph 7#b71 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 contract4 2 and 7,c7 by striking subparagraph 7,c72 and 7#d7 by adding at the end the following3 7#f7 ,severability ,if any provision of this subsection1 or the application of this subsection to any person or circumstance1 is held to be unconstitutional or otherwise invalid1 the remainder of this subsection1 and the application of the provision to any other person or circumstance1 shall not be affected4 4 #d4 ,prohibitions relating to additional vehicles produced or provided by entities based in certain countries 7a7 ,definitions ,in this section3 7#a7 ,covered entity2 covered individual2 covered nation2 covered vehicle2 electric power train ,the terms covered entity2 covered individual1 covered nation1 covered vehicle1 and electric power train have the meanings given those terms in section #ecbc7u77#a7 of title #di1 ,united ,states ,code4 7#b7 ,covered funding ,the term covered funding means any appropriations made available to the ,department1 other than funds made available under chapter #ec of title #di1 ,united ,states ,code4 7#c7 ,department ,the term ,department means the ,department of ,transportation4 7#d7 ,secretary ,the term ,secretary means the ,secretary of ,transportation4 7b7 ,prohibition 7#a7 ,in general ,subject to paragraph 7#c71 the ,department may not award1 obligate1 allocate1 or expend covered funding-- 7,a7 for the procurement of a covered vehicle by the ,department or any other agency or person2 or 7,b7 for the construction1 installation1 or maintenance of infrastructure to fuel or charge a covered vehicle that is a bus1 if the applicable covered vehicle is procured under a contract or subcontract executed on or after the date of enactment of this ,act4 7#b7 ,list of covered entities 7,a7 ,in general ,not later than #cj days after the date of enactment of this ,act1 the ,united ,states ,trade ,representative1 in consultation with the ,attorney ,general and the ,secretary1 shall make publicly available1 including on a publicly accessible website1 a list of covered entities that produce or provide-- 7i7 covered vehicles to which the prohibition under paragraph 7#a7 applies2 or 7ii7 electric power trains the incorporation of which into a covered vehicle would render the covered vehicle subject to the prohibition under that paragraph4 7,b7 ,updates ,the ,united ,states ,trade ,representative shall update the list required under subparagraph 7,a7-- 7i7 based on information provided to the ,united ,states ,trade ,representative by the ,attorney ,general and the ,secretary2 and 7ii7 not less frequently than-- 7,i7 once every #ij days during the #ahj-;day period beginning on the date of initial publication of the list under that subparagraph2 and 7,,ii7 annually thereafter4 7#c7 ,exception ,notwithstanding paragraph 7#a71 the ,department may procure a covered vehicle or construct1 install1 or maintain infrastructure to fuel or charge a covered vehicle for purposes of-- 7,a7 the inspection or investigation of a motor vehicle or equipment2 or 7,b7 motor vehicle safety research1 development1 or testing4 7c7 ,severability ,if any provision of this section1 or the application of this section to any person or circumstance1 is held to be unconstitutional or otherwise invalid1 the remainder of this section1 and the application of the provision to any other person or circumstance1 shall not be affected4