as a priority foreign country under sub-
section (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 invest-
ment. 
‘‘(3) INTERNATIONAL AGREEMENTS.—This sub-
section shall be applied in a manner consistent with 
the obligations of the United States under inter-
national agreements. 
‘‘(4) 
CERTIFICATION
FOR
RAIL
ROLLING 
STOCK.— 
‘‘(A) IN GENERAL.—Except as provided in 
paragraph (5), as a condition of financial as-
sistance 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 roll-
ing stock for use in public transportation with 
a rail rolling stock manufacturer described in 
paragraph (1). 
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‘‘(B) SEPARATE CERTIFICATION.—The cer-
tification required under this paragraph shall be 
in addition to any certification the Secretary es-
tablishes to ensure compliance with the require-
ments of paragraph (1). 
‘‘(5) EXCEPTION.—This subsection, including 
the certification requirement under paragraph (4), 
shall not apply to the award of a contract or sub-
contract 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 enact-
ment of this subsection.’’. 
SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLL-
ING 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 finan-
cial assistance made available under this chapter, a 
recipient that operates a rail fixed guideway public 
transportation system shall certify that the recipient 
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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 devel-
oped under section 2(c)(15) of the National In-
stitute 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 cyberse-
curity 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 CONSTRUC-
TION.—Nothing in this subsection shall be construed 
to interfere with the authority of— 
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‘‘(A) the Secretary of Homeland Security 
to publish or ensure compliance with require-
ments or standards concerning cybersecurity for 
rail fixed guideway public transportation sys-
tems; 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.’’. 
Æ 
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