[Congressional Record Volume 165, Number 98 (Wednesday, June 12, 2019)]
[Senate]
[Pages S3437-S3438]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 373. Mr. CORNYN (for himself, Ms. Baldwin, Mr. Crapo, Mr. Brown,
Mr. Blumenthal, Mr. Cramer, Mr. King, Mr. Blunt, Mr. Cotton, Mr.
Warner, Mr. Romney, Mr. Sullivan, Ms. Ernst, Mr. Jones, Mr. Casey, Mr.
Wyden, Mr. Cassidy, Mr. Grassley, Mr. Cruz, Mrs. Capito, Ms. Cortez
Masto, Ms. Smith, Mr. Manchin, Mrs. Blackburn, Mr. Scott of South
Carolina, Mr. Tillis, Mr. Roberts, Mr. Rubio, Mr. Risch, Mr. Boozman,
Mrs. Fischer, Mr. Rounds, Mr. Kaine, and Mrs. Hyde-Smith) submitted an
amendment intended to be proposed by him to the bill S. 1790, to
authorize appropriations for fiscal year 2020 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS;
CYBERSECURITY CERTIFICATION FOR RAIL ROLLING
STOCK AND OPERATIONS.
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--
[[Page S3438]]
``(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.
``(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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