Transit Infrastructure Vehicle Security Act

I 116TH CONGRESS 1ST SESSION H. R. 2739 To amend title 49, United States Code, to limit certain rolling stock procurements, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 15, 2019 Mr. ROUDA (for himself, Mr. CRAWFORD, Mr. PERRY, Ms. GRANGER, Mr. RYAN, Ms. NORTON, Mr. WEBER of Texas, and Mr. GARAMENDI) intro- duced the following bill; which was referred to the Committee on Trans- portation and Infrastructure 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 SEC. 2. LIMITATION ON CERTAIN ROLLING STOCK PRO- 6 CUREMENTS. 7 Section 5323 of title 49, United States Code, is 8 amended by adding at the end the following: 9 VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 2739 IH ‘‘(u) LIMITATION ON CERTAIN ROLLING STOCK PRO- 1 CUREMENTS.— 2 ‘‘(1) IN GENERAL.—Except as provided in para- 3 graph (5), financial assistance made available under 4 this chapter shall not be used in awarding a contract 5 or subcontract to an entity on or after the date of 6 enactment of this subsection for the procurement of 7 rolling stock for use in public transportation if the 8 manufacturer of the rolling stock— 9 ‘‘(A) is incorporated in or has manufac- 10 turing facilities in the United States; and 11 ‘‘(B) is owned or controlled by, is a sub- 12 sidiary of, or is otherwise related legally or fi- 13 nancially to a corporation based in a country 14 that— 15 ‘‘(i) is identified as a nonmarket econ- 16 omy country (as defined in section 771(18) 17 of the Tariff Act of 1930 (19 U.S.C. 18 1677(18))) as of the date of enactment of 19 this subsection; 20 ‘‘(ii) was identified by the United 21 States Trade Representative in the most 22 recent report required by section 182 of 23 the Trade Act of 1974 (19 U.S.C. 2242) 24 VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 2739 IH as a priority foreign country under sub- 1 section (a)(2) of that section; and 2 ‘‘(iii) is subject to monitoring by the 3 Trade Representative under section 306 of 4 the Trade Act of 1974 (19 U.S.C. 2416). 5 ‘‘(2) EXCEPTION.—For purposes of paragraph 6 (1), the term ‘otherwise related legally or financially’ 7 does not include a minority relationship or invest- 8 ment. 9 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 10 section shall be applied in a manner consistent with 11 the obligations of the United States under inter- 12 national agreements. 13 ‘‘(4) CERTIFICATION FOR RAIL ROLLING 14 STOCK.— 15 ‘‘(A) IN GENERAL.—Except as provided in 16 paragraph (5), as a condition of financial as- 17 sistance made available in a fiscal year under 18 section 5337, a recipient that operates rail fixed 19 guideway service shall certify in that fiscal year 20 that the recipient will not award any contract 21 or subcontract for the procurement of rail roll- 22 ing stock for use in public transportation with 23 a rail rolling stock manufacturer described in 24 paragraph (1). 25 VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 2739 IH ‘‘(B) SEPARATE CERTIFICATION.—The cer- 1 tification required under this paragraph shall be 2 in addition to any certification the Secretary es- 3 tablishes to ensure compliance with the require- 4 ments of paragraph (1). 5 ‘‘(5) EXCEPTION.—This subsection, including 6 the certification requirement under paragraph (4), 7 shall not apply to the award of a contract or sub- 8 contract made by a public transportation agency 9 with a rail rolling stock manufacturer described in 10 paragraph (1) if the manufacturer and the public 11 transportation agency have a contract for rail rolling 12 stock that was executed before the date of enact- 13 ment of this subsection.’’. 14 SEC. 3. CYBERSECURITY CERTIFICATION FOR RAIL ROLL- 15 ING STOCK AND OPERATIONS. 16 Section 5323 of title 49, United States Code, as 17 amended by section 2, is amended by adding at the end 18 the following: 19 ‘‘(v) CYBERSECURITY CERTIFICATION FOR RAIL 20 ROLLING STOCK AND OPERATIONS.— 21 ‘‘(1) CERTIFICATION.—As a condition of finan- 22 cial assistance made available under this chapter, a 23 recipient that operates a rail fixed guideway public 24 transportation system shall certify that the recipient 25 VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 2739 IH has established a process to develop, maintain, and 1 execute a written plan for identifying and reducing 2 cybersecurity risks. 3 ‘‘(2) COMPLIANCE.—For the process required 4 under paragraph (1), a recipient of assistance under 5 this chapter shall— 6 ‘‘(A) utilize the approach described by the 7 voluntary standards and best practices devel- 8 oped under section 2(c)(15) of the National In- 9 stitute of Standards and Technology Act (15 10 U.S.C. 272(c)(15)), as applicable; 11 ‘‘(B) identify hardware and software that 12 the recipient determines should undergo third- 13 party testing and analysis to mitigate cyberse- 14 curity risks, such as hardware or software for 15 rail rolling stock under proposed procurements; 16 and 17 ‘‘(C) utilize the approach described in any 18 voluntary standards and best practices for rail 19 fixed guideway public transportation systems 20 developed under the authority of the Secretary 21 of Homeland Security, as applicable. 22 ‘‘(3) LIMITATIONS ON STATUTORY CONSTRUC- 23 TION.—Nothing in this subsection shall be construed 24 to interfere with the authority of— 25 VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 2739 IH ‘‘(A) the Secretary of Homeland Security 1 to publish or ensure compliance with require- 2 ments or standards concerning cybersecurity for 3 rail fixed guideway public transportation sys- 4 tems; or 5 ‘‘(B) the Secretary of Transportation 6 under section 5329 to address cybersecurity 7 issues as those issues relate to the safety of rail 8 fixed guideway public transportation systems.’’. 9 Æ VerDate Sep 11 2014 23:47 May 28, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6301 E:\BILLS\H2739.IH H2739 pamtmann on DSKBFK8HB2PROD with BILLS