S. 1711 — STOP China Act

This section expresses the sense of Congress that the People's Republic of China (PRC) uses industrial policies to distort markets and achieve global dominance; PRC-developed vehicle technologies pose national security risks; the PRC creates overcapacity to undermine U.S. supply chains; Congress must continue confronting the PRC's military-civil fusion strategy and transportation market intrusion; U.S. taxpayer dollars should not fund PRC-subsidized vehicle manufacturing or technology companies; and entities accepting federal funding must be prohibited from procuring vehicles from PRC entities or those containing PRC-related national security-concern technologies.

This section revises the prohibition in 49 U.S.C. §5323(u) on the obligation of federal public transportation funding (i.e., grants under chapter 53 of title 49, U.S. Code) for procurement of rolling stock (i.e., buses and rail vehicles) produced or provided by covered entities from covered nations (i.e., as defined in 10 U.S.C. §4872(d), including China). It replaces prior paragraphs (1) and (2) with new definitions of covered entity (e.g., headquartered in or controlled by a covered nation; previously prohibited rolling stock manufacturers; affiliates/subsidiaries/joint ventures), covered vehicle (rolling stock produced/provided by or incorporating an electric powertrain from listed covered entities), and related terms; prohibits such funding for covered vehicle procurement contracts or subcontracts executed on or after enactment, as well as related fueling/charging infrastructure for post-enactment bus procurements; and requires the U.S. Trade Representative—within 30 days of enactment and in consultation with the Attorney General and Secretary of Transportation—to publish and update (every 90 days initially for 180 days, then annually) a public list of prohibited entities. (Thus, the revision expands prior restrictions, which targeted specific Chinese rail manufacturers, to also cover electric powertrains and a broader range of entities supplying buses or rail vehicles to U.S. transit agencies.) The section further (1) updates cross-references in paragraph (4); (2) modifies paragraph (5)(A) to apply the private funding allowance only to non-federal subcontracts and replace prior terms with "covered entity"; (3) replaces paragraph (5)(B) with a grandfather clause allowing completion funding for pre-enactment eligible contracts until rolling stock delivery; (4) strikes paragraph (5)(C); and (5) adds a severability provision in new paragraph (6). An exception permits such funding for vehicle inspection, investigation, or safety research, development, or testing.

This section prohibits the Department of Transportation (DOT) from awarding, obligating, allocating, or expending covered funding—defined as DOT appropriations other than those under 49 U.S.C. chapter 53 (federal transit programs)—(1) to procure a covered vehicle by DOT or any other agency or person or (2) to construct, install, or maintain infrastructure to fuel or charge a covered bus procured under a contract or subcontract executed on or after the date of enactment. Covered vehicles are those produced or provided by covered entities (i.e., those in a covered nation such as China, Russia, Iran, or North Korea, or with critical components from such nations), as defined in 49 U.S.C. §5323(u)(1); the United States Trade Representative (USTR), in consultation with the Attorney General and Secretary of Transportation, must publish and maintain a public list of such entities within 30 days of enactment, with updates every 90 days for the first 180 days and annually thereafter. The prohibition does not apply to procurements or infrastructure for motor vehicle inspections, investigations, or safety research, development, or testing. This section includes a severability clause.