[Congressional Record Volume 171, Number 132 (Thursday, July 31, 2025)]
[Senate]
[Pages S5045-S5046]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3203. Mr. CORNYN (for himself and Ms. Baldwin) submitted an
amendment intended to be proposed by him to the bill S. 2296, to
authorize appropriations for fiscal year 2026 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end of subtitle F of title X, add the following:
SEC. 1067. SAFEGUARDING TRANSIT OPERATIONS.
(a) 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.
(b) 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) that 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) that is a manufacturer from which the procurement of
rolling stock was ever prohibited under this subsection; or
``(vi) that is an owner of, successor of, subsidiary of,
affiliate of, or in a joint venture with a manufacturer
described in clause (v).
[[Page S5046]]
``(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 National Defense Authorization Act
for Fiscal Year 2026).
``(2) Prohibition.--
``(A) In general.--Subject to subparagraph (C), on and
after the date of enactment of the National Defense
Authorization Act for Fiscal Year 2026, 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 National Defense Authorization Act for
Fiscal Year 2026.
``(B) List of covered entities.--
``(i) In general.--Not later than 30 days after the date of
enactment of the National Defense Authorization Act for
Fiscal Year 2026, 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 it 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 National Defense
Authorization Act for Fiscal Year 2026'';
(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 National Defense Authorization Act for Fiscal Year
2026 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.''.
(c) Prohibitions Relating to Additional Vehicles Produced
or Provided by Entities Based in Certain Countries.--
(1) Definitions.--In this subsection:
(A) 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.
(B) 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.
(C) Department.--The term ``Department'' means the
Department of Transportation.
(D) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(2) Prohibition.--
(A) In general.--Subject to subparagraph (C), the
Department may not award, obligate, allocate, or expend
covered funding--
(i) for the procurement of a covered vehicle by the
Department or any other agency or person; 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 this Act.
(B) List of covered entities.--
(i) 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
subparagraph (A) 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 subparagraph.
(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
Department 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.
(3) 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.
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