II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Transit Infrastructure 

5 Vehicle Security Act’’. 


pamtmann on DSKBFK8HB2PROD with BILLS
2 

S 846 RCS

1 SEC. 2. LIMITATION ON CERTAIN ROLLING STOCK PRO2 CUREMENTS. 

3 Section 5323 of title 49, United States Code, is 

4 amended by adding at the end the following: 

5 ‘‘(u) LIMITATION ON CERTAIN ROLLING STOCK PRO6 CUREMENTS.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (5), financial assistance made available under 

9 this chapter shall not be used in awarding a contract 

10 or subcontract to an entity on or after the date of 

11 enactment of this subsection for the procurement of 

12 rolling stock for use in public transportation if the 

13 manufacturer of the rolling stock— 

14 ‘‘(A) is incorporated in or has manufac15 turing facilities in the United States; and 

16 ‘‘(B) is owned or controlled by, is a sub17 sidiary of, or is otherwise related legally or fi18 nancially to a corporation based in a country 

19 that— 

20 ‘‘(i) is identified as a nonmarket econ21 omy country (as defined in section 771(18) 

22 of the Tariff Act of 1930 (19 U.S.C. 

23 1677(18))) as of the date of enactment of 

24 this subsection; 

25 ‘‘(ii) was identified by the United 

26 States Trade Representative in the most 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

S 846 RCS

1 recent report required by section 182 of 

2 the Trade Act of 1974 (19 U.S.C. 2242) 

3 as a priority foreign country under sub4 section (a)(2) of that section; and 

5 ‘‘(iii) is subject to monitoring by the 

6 Trade Representative under section 306 of 

7 the Trade Act of 1974 (19 U.S.C. 2416). 

8 ‘‘(2) EXCEPTION.—For purposes of paragraph 

9 (1), the term ‘otherwise related legally or financially’ 

10 does not include a minority relationship or invest11 ment. 

12 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub13 section shall be applied in a manner consistent with 

14 the obligations of the United States under inter15 national agreements. 

16 ‘‘(4) CERTIFICATION FOR RAIL ROLLING

17 STOCK.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 paragraph (5), as a condition of financial as20 sistance made available in a fiscal year under 

21 section 5337, a recipient that operates rail fixed 

22 guideway service shall certify in that fiscal year 

23 that the recipient will not award any contract 

24 or subcontract for the procurement of rail roll25 ing stock for use in public transportation with 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

S 846 RCS

1 a rail rolling stock manufacturer described in 

2 paragraph (1). 

3 ‘‘(B) SEPARATE CERTIFICATION.—The cer4 tification required under this paragraph shall be 

5 in addition to any certification the Secretary es6 tablishes to ensure compliance with the require7 ments of paragraph (1). 

8 ‘‘(5) EXCEPTION.—This subsection, including 

9 the certification requirement under paragraph (4), 

10 shall not apply to the award of a contract or sub11 contract made by a public transportation agency 

12 with a rail rolling stock manufacturer described in 

13 paragraph (1) if the manufacturer and the public 

14 transportation agency have a contract for rail rolling 

15 stock that was executed before the date of enact16 ment of this subsection.’’. 

17 SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLL18 ING STOCK AND OPERATIONS. 

19 Section 5323 of title 49, United States Code, as 

20 amended by section 2, is amended by adding at the end 

21 the following: 

22 ‘‘(v) CYBERSECURITY CERTIFICATION FOR RAIL

23 ROLLING STOCK AND OPERATIONS.— 

24 ‘‘(1) CERTIFICATION.—As a condition of finan25 cial assistance made available under this chapter, a 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

S 846 RCS

1 recipient that operates a rail fixed guideway public 

2 transportation system shall certify that the recipient 

3 has established a process to develop, maintain, and 

4 execute a written plan for identifying and reducing 

5 cybersecurity risks. 

6 ‘‘(2) COMPLIANCE.—For the process required 

7 under paragraph (1), a recipient of assistance under 

8 this chapter shall— 

9 ‘‘(A) utilize the approach described by the 

10 voluntary standards and best practices devel11 oped under section 2(c)(15) of the National In12 stitute of Standards and Technology Act (15 

13 U.S.C. 272(c)(15)), as applicable; 

14 ‘‘(B) identify hardware and software that 

15 the recipient determines should undergo third16 party testing and analysis to mitigate cyberse17 curity risks, such as hardware or software for 

18 rail rolling stock under proposed procurements; 

19 and 

20 ‘‘(C) utilize the approach described in any 

21 voluntary standards and best practices for rail 

22 fixed guideway public transportation systems 

23 developed under the authority of the Secretary 

24 of Homeland Security, as applicable. 


pamtmann on DSKBFK8HB2PROD with BILLS
6 

S 846 RCS

1 ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC2 TION.—Nothing in this subsection shall be construed 

3 to interfere with the authority of— 

4 ‘‘(A) the Secretary of Homeland Security 

5 to publish or ensure compliance with require6 ments or standards concerning cybersecurity for 

7 rail fixed guideway public transportation sys8 tems; or 

9 ‘‘(B) the Secretary of Transportation 

10 under section 5329 to address cybersecurity 

11 issues as those issues relate to the safety of rail 

12 fixed guideway public transportation systems.’’. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS