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, and Mr. BROWN) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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’’. 

6 SEC. 2. LIMITATION ON CERTAIN ROLLING STOCK PRO7 CUREMENTS. 

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

9 amended by adding at the end the following: 


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1 ‘‘(u) LIMITATION ON CERTAIN ROLLING STOCK PRO2 CUREMENTS.— 

3 ‘‘(1) IN GENERAL.—Except as provided in para4 graph (5), financial assistance made available under 

5 this chapter shall not be used in awarding a contract 

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

7 enactment of this subsection for the procurement of 

8 rolling stock for use in public transportation if the 

9 manufacturer of the rolling stock— 

10 ‘‘(A) is incorporated in or has manufac11 turing facilities in the United States; and 

12 ‘‘(B) is owned or controlled by, is a sub13 sidiary of, or is otherwise related legally or fi14 nancially to a corporation based in a country 

15 that— 

16 ‘‘(i) is identified as a nonmarket econ17 omy country (as defined in section 771(18) 

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

19 1677(18))) as of the date of enactment of 

20 this subsection; 

21 ‘‘(ii) was identified by the United 

22 States Trade Representative in the most 

23 recent report required by section 182 of 

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


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1 as a priority foreign country under sub2 section (a)(2) of that section; and 

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

4 Trade Representative under section 306 of 

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

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

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

8 does not include a minority relationship or invest9 ment. 

10 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub11 section shall be applied in a manner consistent with 

12 the obligations of the United States under inter13 national agreements. 

14 ‘‘(4) CERTIFICATION FOR RAIL ROLLING

15 STOCK.— 

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

17 paragraph (5), as a condition of financial as18 sistance made available in a fiscal year under 

19 section 5337, a recipient that operates rail fixed 

20 guideway service shall certify in that fiscal year 

21 that the recipient will not award any contract 

22 or subcontract for the procurement of rail roll23 ing stock for use in public transportation with 

24 a rail rolling stock manufacturer described in 

25 paragraph (1). 


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1 ‘‘(B) SEPARATE CERTIFICATION.—The cer2 tification required under this paragraph shall be 

3 in addition to any certification the Secretary es4 tablishes to ensure compliance with the require5 ments of paragraph (1). 

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

7 the certification requirement under paragraph (4), 

8 shall not apply to the award of a contract or sub9 contract made by a public transportation agency 

10 with a rail rolling stock manufacturer described in 

11 paragraph (1) if the manufacturer and the public 

12 transportation agency have a contract for rail rolling 

13 stock that was executed before the date of enact14 ment of this subsection.’’. 

15 SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLL16 ING STOCK AND OPERATIONS. 

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

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

19 the following: 

20 ‘‘(v) CYBERSECURITY CERTIFICATION FOR RAIL

21 ROLLING STOCK AND OPERATIONS.— 

22 ‘‘(1) CERTIFICATION.—As a condition of finan23 cial assistance made available under this chapter, a 

24 recipient that operates a rail fixed guideway public 

25 transportation system shall certify that the recipient 


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1 has established a process to develop, maintain, and 

2 execute a written plan for identifying and reducing 

3 cybersecurity risks. 

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

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

6 this chapter shall— 

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

8 voluntary standards and best practices devel9 oped under section 2(c)(15) of the National In10 stitute of Standards and Technology Act (15 

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

12 ‘‘(B) identify hardware and software that 

13 the recipient determines should undergo third14 party testing and analysis to mitigate cyberse15 curity risks, such as hardware or software for 

16 rail rolling stock under proposed procurements; 

17 and 

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

19 voluntary standards and best practices for rail 

20 fixed guideway public transportation systems 

21 developed under the authority of the Secretary 

22 of Homeland Security, as applicable. 

23 ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC24 TION.—Nothing in this subsection shall be construed 

25 to interfere with the authority of— 


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1 ‘‘(A) the Secretary of Homeland Security 

2 to publish or ensure compliance with require3 ments or standards concerning cybersecurity for 

4 rail fixed guideway public transportation sys5 tems; or 

6 ‘‘(B) the Secretary of Transportation 

7 under section 5329 to address cybersecurity 

8 issues as those issues relate to the safety of rail 

9 fixed guideway public transportation systems.’’. 

Æ 


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