H.R. 4361

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

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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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