Title: Transit Infrastructure Vehicle Security Act
Policy area: Transportation and Public Works

Summary:
Transit Infrastructure Vehicle Security Act
This bill prohibits the awarding of a contract to an entity for the procurement of rolling stock for use in public transportation if the manufacturer of the rolling stock is (1) incorporated or has manufacturing facilities in the United States; and (2) is owed or controlled by an entity based in a country that is identified as a nonmarket economy country, was identified by the Office of the U.S. Trade Representative (USTR) as a priority foreign country (e.g., a country that does not protect intellectual property rights), and is subject to monitoring by the USTR. This includes the People's Republic of China.
Any recipient of financial assistance for public transportation that operates a rail fixed guideway service must certify that it will not award any contract for the procurement of rail rolling stock for use in public transportation to a manufacturer of rolling stock that is described by this bill. A recipient that operates a rail fixed guideway public transportation system must certify that it has a written plan for identifying and reducing cybersecurity risks.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 846 Introduced in Senate (IS)]

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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, 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.

    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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