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H.R. 2739House116th Congress (2019-2021)In Committee

Transit Infrastructure Vehicle Security Act

Sponsored by Harley RoudaRep. Harley Rouda (D-CA)
Introduced May 15, 2019

AI-Generated Summary

Updated April 14, 2026 at 5:09 AM UTC

The Transit Infrastructure Vehicle Security Act changes how federal money can be used to buy rail vehicles for public transit. It bars the use of those funds to purchase rolling stock from manufacturers that are based in the United States but are owned or controlled by companies in certain non‑market‑economy countries, unless an existing contract is already in place. The bill also requires transit agencies that receive federal assistance to create and follow a written cybersecurity plan for their rail equipment and operations.

Key Provisions

  • Federal assistance cannot be used to award contracts for rail vehicles to manufacturers that are U.S.‑based but owned, controlled, or financially linked to companies in a non‑market‑economy country that the USTR has identified as a priority and is monitoring, with a narrow exception for minority ownership.
  • Existing contracts that were signed before the law takes effect are exempt from the new limitation.
  • Transit agencies receiving federal funds must certify each fiscal year that they will not contract with prohibited manufacturers, in addition to any other certifications required.
  • Agencies must also certify that they have a written cybersecurity plan for rail rolling stock and operations, using NIST voluntary standards and any relevant DHS or DOT cybersecurity guidelines, and must identify hardware or software for third‑party testing to reduce cyber risks.

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

May 16, 2019

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HouseIntro Referral

Introduced in House

May 15, 2019

HouseIntro Referral

Referred to the House Committee on Transportation and Infrastructure.

Transportation and Infrastructure Committee

May 15, 2019

HouseCommittee

Referred to the Subcommittee on Highways and Transit.

Highways and Transit Subcommittee

May 16, 2019

Bill Text

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Introduced in HouseIssued May 15, 2019

I

116th CONGRESS

1st Session

H. R. 2739

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) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure

A BILL

To amend title 49, United States Code, to limit certain rolling stock procurements, and for other purposes.

1.

Short title

This Act may be cited as the Transit Infrastructure Vehicle Security Act.

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.

.

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.

.