[Congressional Record Volume 164, Number 128 (Monday, July 30, 2018)]
[Senate]
[Page S5460]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 3670. Mr. CORNYN submitted an amendment intended to be proposed to 
amendment SA 3399 proposed by Mr. Shelby to the bill H.R. 6147, making 
appropriations for the Department of the Interior, environment, and 
related agencies for the fiscal year ending September 30, 2019, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title I of division D, insert 
     the following:
       Sec. __. (a) None of the funds appropriated or otherwise 
     made available to the Federal Transit Administration under 
     this title to carry out sections 5307, 5311, 5337, and 5339 
     of title 49, United States Code, may be used in awarding a 
     contract or subcontract to an entity on or after the date of 
     enactment of this Act for the procurement of rolling stock 
     for use in public transportation if the manufacturer of the 
     rolling stock is incorporated in or has manufacturing 
     facilities in the United States and receives support from the 
     government of a country that--
       (1) is identified as a nonmarket economy country (as 
     defined in section 771(18) of the Tariff Act of 1930 (19 
     U.S.C. 1677(18))) as of the date of enactment of this Act;
       (2) was identified by the United States Trade 
     Representative in the most recent report required by section 
     182 of the Trade Act of 1974 (19 U.S.C. 2242) as a priority 
     foreign country under subsection (a)(2) of that section; and
       (3) is subject to monitoring by the Trade Representative 
     under section 306 of the Trade Act of 1974 (19 U.S.C. 2416).
       (b) This section shall be applied in a manner consistent 
     with the obligations of the United States under international 
     agreements.
       (c)(1) This section shall not apply to the award of a 
     contract or subcontract made by a public transportation 
     agency with a rail rolling stock manufacturer described in 
     subsection (a) if the manufacturer produced rail rolling 
     stock for an eligible public transportation agency through a 
     contract executed prior to the date of enactment of this Act.
       (2) A rail rolling stock manufacturer described in 
     subsection (a) may not use funds provided under a contract or 
     subcontract described in paragraph (1) to expand the 
     manufacturer's production of rail rolling stock within the 
     United States to an amount that is greater than the amount 
     required under contractual obligations of the manufacturer as 
     of the date of enactment of this Act.
       (d) Nothing in this section shall be construed to apply to 
     funds that are not appropriated or otherwise made available 
     to the Federal Transit Administration under this title.
                                 ______