Text of Senate Amendment 6369

On 2026-06-24, Senator John Cornyn (R-TX) delivered a floor speech titled "Text Of Senate Amendment 6369" in the Senate.

Text of Senate Amendment 6369

Congressional Record, Volume 172 Issue 106 (Wednesday, June 24, 2026) [Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)] [Senate] [Pages S3482-S3483] From the Congressional Record Online through the Government Publishing Office [ www.gpo.gov ] SA 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.-- [[Page S3483]] (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