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Congressional Daily Record
This section is about changes proposed to a bill or resolution. It mentions members such as John Cornyn.
Issued
June 24, 2026
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Download official Senate Record PDFReturn to issue contextSA 6369. Mr. CORNYN (for himself and Ms. Baldwin) submitted an amendment intended to be proposed by him to the bill S. 4784, to authorize appropriations for fiscal year 2027 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 appropriate place, insert the following:
SEC. __. PROHIBITIONS RELATING TO CERTAIN VEHICLES.
(a) 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'—
“(i) 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—
“(aa) 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
“(bb) regardless of whether that power is—
“(AA) direct; or
“(BB) exercised or unexercised;
“(IV) that is owned or controlled by a subsidiary or
affiliate of an entity described in subclause (I), (II), or
(III), or that is the majority owner of a joint venture with
an entity described in subclause (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, or
affiliate of a manufacturer described in subclause (V), or is
the majority owner of a joint venture with such a
manufacturer; and
“(ii) does not include any publicly traded United States
entity or a subsidiary thereof, unless the United States
Trade Representative determines that the entity is otherwise
owned by, controlled by, or subject to the jurisdiction,
direction, or effective control of a covered nation.
“(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 this subparagraph).
“(G) Publicly traded united states entity.—The term
`publicly traded United States entity' means any entity
that—
“(i) is organized or incorporated under the laws of the
United States or any State thereof; and
“(ii) has a class of securities listed for trading on a
national securities exchange registered under section 6 of
the Securities Exchange Act of 1934 (15 U.S.C. 78f) or
otherwise traded on a market regulated or recognized by the
Securities and Exchange Commission.
“(2) Prohibition.—
“(A) In general.—Subject to subparagraph (C), on and
after the date of enactment of this subparagraph, 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 this subparagraph.
“(B) List of covered entities.—
“(i) In general.—Not later than 30 days after the date of
enactment of this subparagraph, 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 this subparagraph”;
(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 this subparagraph 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.”.
(b) 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, as added by subsection (a).
(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 paragraph.
(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
subparagraph; 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.