Transit Infrastructure Vehicle Security Act

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. COT- TON, 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Transit Infrastructure 4 Vehicle Security Act’’. 5 VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS 2 S 846 RCS SEC. 2. LIMITATION ON CERTAIN ROLLING STOCK PRO- 1 CUREMENTS. 2 Section 5323 of title 49, United States Code, is 3 amended by adding at the end the following: 4 ‘‘(u) LIMITATION ON CERTAIN ROLLING STOCK PRO- 5 CUREMENTS.— 6 ‘‘(1) IN GENERAL.—Except as provided in para- 7 graph (5), financial assistance made available under 8 this chapter shall not be used in awarding a contract 9 or subcontract to an entity on or after the date of 10 enactment of this subsection for the procurement of 11 rolling stock for use in public transportation if the 12 manufacturer of the rolling stock— 13 ‘‘(A) is incorporated in or has manufac- 14 turing facilities in the United States; and 15 ‘‘(B) is owned or controlled by, is a sub- 16 sidiary of, or is otherwise related legally or fi- 17 nancially to a corporation based in a country 18 that— 19 ‘‘(i) is identified as a nonmarket econ- 20 omy country (as defined in section 771(18) 21 of the Tariff Act of 1930 (19 U.S.C. 22 1677(18))) as of the date of enactment of 23 this subsection; 24 ‘‘(ii) was identified by the United 25 States Trade Representative in the most 26 VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS 3 S 846 RCS recent report required by section 182 of 1 the Trade Act of 1974 (19 U.S.C. 2242) 2 as a priority foreign country under sub- 3 section (a)(2) of that section; and 4 ‘‘(iii) is subject to monitoring by the 5 Trade Representative under section 306 of 6 the Trade Act of 1974 (19 U.S.C. 2416). 7 ‘‘(2) EXCEPTION.—For purposes of paragraph 8 (1), the term ‘otherwise related legally or financially’ 9 does not include a minority relationship or invest- 10 ment. 11 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 12 section shall be applied in a manner consistent with 13 the obligations of the United States under inter- 14 national agreements. 15 ‘‘(4) CERTIFICATION FOR RAIL ROLLING 16 STOCK.— 17 ‘‘(A) IN GENERAL.—Except as provided in 18 paragraph (5), as a condition of financial as- 19 sistance made available in a fiscal year under 20 section 5337, a recipient that operates rail fixed 21 guideway service shall certify in that fiscal year 22 that the recipient will not award any contract 23 or subcontract for the procurement of rail roll- 24 ing stock for use in public transportation with 25 VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS 4 S 846 RCS a rail rolling stock manufacturer described in 1 paragraph (1). 2 ‘‘(B) SEPARATE CERTIFICATION.—The cer- 3 tification required under this paragraph shall be 4 in addition to any certification the Secretary es- 5 tablishes to ensure compliance with the require- 6 ments of paragraph (1). 7 ‘‘(5) EXCEPTION.—This subsection, including 8 the certification requirement under paragraph (4), 9 shall not apply to the award of a contract or sub- 10 contract made by a public transportation agency 11 with a rail rolling stock manufacturer described in 12 paragraph (1) if the manufacturer and the public 13 transportation agency have a contract for rail rolling 14 stock that was executed before the date of enact- 15 ment of this subsection.’’. 16 SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLL- 17 ING STOCK AND OPERATIONS. 18 Section 5323 of title 49, United States Code, as 19 amended by section 2, is amended by adding at the end 20 the following: 21 ‘‘(v) CYBERSECURITY CERTIFICATION FOR RAIL 22 ROLLING STOCK AND OPERATIONS.— 23 ‘‘(1) CERTIFICATION.—As a condition of finan- 24 cial assistance made available under this chapter, a 25 VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS 5 S 846 RCS recipient that operates a rail fixed guideway public 1 transportation system shall certify that the recipient 2 has established a process to develop, maintain, and 3 execute a written plan for identifying and reducing 4 cybersecurity risks. 5 ‘‘(2) COMPLIANCE.—For the process required 6 under paragraph (1), a recipient of assistance under 7 this chapter shall— 8 ‘‘(A) utilize the approach described by the 9 voluntary standards and best practices devel- 10 oped under section 2(c)(15) of the National In- 11 stitute of Standards and Technology Act (15 12 U.S.C. 272(c)(15)), as applicable; 13 ‘‘(B) identify hardware and software that 14 the recipient determines should undergo third- 15 party testing and analysis to mitigate cyberse- 16 curity risks, such as hardware or software for 17 rail rolling stock under proposed procurements; 18 and 19 ‘‘(C) utilize the approach described in any 20 voluntary standards and best practices for rail 21 fixed guideway public transportation systems 22 developed under the authority of the Secretary 23 of Homeland Security, as applicable. 24 VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS 6 S 846 RCS ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC- 1 TION.—Nothing in this subsection shall be construed 2 to interfere with the authority of— 3 ‘‘(A) the Secretary of Homeland Security 4 to publish or ensure compliance with require- 5 ments or standards concerning cybersecurity for 6 rail fixed guideway public transportation sys- 7 tems; or 8 ‘‘(B) the Secretary of Transportation 9 under section 5329 to address cybersecurity 10 issues as those issues relate to the safety of rail 11 fixed guideway public transportation systems.’’. 12 Æ VerDate Sep 11 2014 23:07 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\S846.RCS S846 pamtmann on DSKBFK8HB2PROD with BILLS