[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 846 Reference Change Senate (RCS)]
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116th CONGRESS
1st Session
S. 846
To amend title 49, United States Code, to limit certain rolling stock
procurements, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 14, 2019
Mr. Cornyn (for himself, Ms. Baldwin, Mr. Crapo, Mr. Brown, Mr. Cotton,
Mr. Risch, Mr. Rubio, Mr. Inhofe, Mrs. Fischer, Mr. Roberts, Mr.
Grassley, Mr. Cassidy, and Ms. Smith) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
April 9, 2019
Committee discharged; referred to the Committee on Banking, Housing,
and Urban Affairs
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to limit certain rolling stock
procurements, 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 ``Transit Infrastructure Vehicle
Security Act''.
SEC. 2. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS.
Section 5323 of title 49, United States Code, is amended by adding
at the end the following:
``(u) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Except as provided in paragraph (5),
financial assistance made available under this chapter shall
not be used in awarding a contract or subcontract to an entity
on or after the date of enactment of this subsection for the
procurement of rolling stock for use in public transportation
if the manufacturer of the rolling stock--
``(A) is incorporated in or has manufacturing
facilities in the United States; and
``(B) is owned or controlled by, is a subsidiary
of, or is otherwise related legally or financially to a
corporation based in a country that--
``(i) is identified as a nonmarket economy
country (as defined in section 771(18) of the
Tariff Act of 1930 (19 U.S.C. 1677(18))) as of
the date of enactment of this subsection;
``(ii) was identified by the United States
Trade Representative in the most recent report
required by section 182 of the Trade Act of
1974 (19 U.S.C. 2242) as a priority foreign
country under subsection (a)(2) of that
section; and
``(iii) is subject to monitoring by the
Trade Representative under section 306 of the
Trade Act of 1974 (19 U.S.C. 2416).
``(2) Exception.--For purposes of paragraph (1), the term
`otherwise related legally or financially' does not include a
minority relationship or investment.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.
``(4) Certification for rail rolling stock.--
``(A) In general.--Except as provided in paragraph
(5), as a condition of financial assistance made
available in a fiscal year under section 5337, a
recipient that operates rail fixed guideway service
shall certify in that fiscal year that the recipient
will not award any contract or subcontract for the
procurement of rail rolling stock for use in public
transportation with a rail rolling stock manufacturer
described in paragraph (1).
``(B) Separate certification.--The certification
required under this paragraph shall be in addition to
any certification the Secretary establishes to ensure
compliance with the requirements of paragraph (1).
``(5) Exception.--This subsection, including the
certification requirement under paragraph (4), shall not apply
to the award of a contract or subcontract made by a public
transportation agency with a rail rolling stock manufacturer
described in paragraph (1) if the manufacturer and the public
transportation agency have a contract for rail rolling stock
that was executed before the date of enactment of this
subsection.''.
SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLLING STOCK AND
OPERATIONS.
Section 5323 of title 49, United States Code, as amended by section
2, is amended by adding at the end the following:
``(v) Cybersecurity Certification for Rail Rolling Stock and
Operations.--
``(1) Certification.--As a condition of financial
assistance made available under this chapter, a recipient that
operates a rail fixed guideway public transportation system
shall certify that the recipient has established a process to
develop, maintain, and execute a written plan for identifying
and reducing cybersecurity risks.
``(2) Compliance.--For the process required under paragraph
(1), a recipient of assistance under this chapter shall--
``(A) utilize the approach described by the
voluntary standards and best practices developed under
section 2(c)(15) of the National Institute of Standards
and Technology Act (15 U.S.C. 272(c)(15)), as
applicable;
``(B) identify hardware and software that the
recipient determines should undergo third-party testing
and analysis to mitigate cybersecurity risks, such as
hardware or software for rail rolling stock under
proposed procurements; and
``(C) utilize the approach described in any
voluntary standards and best practices for rail fixed
guideway public transportation systems developed under
the authority of the Secretary of Homeland Security, as
applicable.
``(3) Limitations on statutory construction.--Nothing in
this subsection shall be construed to interfere with the
authority of--
``(A) the Secretary of Homeland Security to publish
or ensure compliance with requirements or standards
concerning cybersecurity for rail fixed guideway public
transportation systems; or
``(B) the Secretary of Transportation under section
5329 to address cybersecurity issues as those issues
relate to the safety of rail fixed guideway public
transportation systems.''.
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