119-hr4361

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4361 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 4361

 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 HOUSE OF REPRESENTATIVES

 July 14, 2025

 Mr. Crawford (for himself and Mr. Khanna) introduced the following 
 bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Ways and Means, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
 committee concerned

_______________________________________________________________________

 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.
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