,,ii #aagth ,,congress #ast ,session ,s4 #bjfb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ae1 #bjba ,mr4 ,cornyn 7for himself and ,ms4 ,baldwin7 introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to increase the security of ,united ,states rail infrastructure along the ,north ,american ,interchange ,service to the direct and indirect supply of ,u4,s4 military and related institutions1 to facilitate cross-border trade among the ,united ,states1 ,mexico1 or ,canada1 and for other purposes4 #a4 ,short titles ,this ,act may be cited as the ,stopping ,america's ,foreign ,enemies ,through ,rail ,and ,infrastructure ,national ,security ,act or the ,,safe ,,trains ,act4 #b4 ,requirements for railroad freight cars entering service in the ,united ,states 7a7 ,in general ,chapter #bjg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjgjd4 ,requirements for railroad freight cars entering service in the ,united ,states 7a7 ,definitions ,in this section3 7#a7 ,component ,the term component means a part or subassembly of a railroad freight car4 7#b7 ,control ,the term control means the power1 whether direct or indirect and whether or not exercised1 through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity1 representation on the board of directors of an entity1 proxy voting on the board of directors of an entity1 a special share in the entity1 a contractual arrangement with the entity1 a formal or informal arrangement to act in concert with an entity1 or any other means1 to determine1 direct1 make decisions1 or cause decisions to be made for the entity4 7#c7 ,cost of sensitive technology ,the term cost of sensitive technology means the aggregate cost of the sensitive technology located on a railroad freight car4 7#d7 ,country of concern ,the term country of concern means a country that-- 7,a7 is identified by the ,department of ,commerce as a nonmarket economy country 7as defined in section #gga7ah7 of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #afgg7ah777 as of the date of the enactment of the ,,safe ,,trains ,act2 7,b7 was identified by the ,united ,states ,trade ,representative in the most recent report required under section #ahb of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bbdb7 as a foreign country included on the priority watch list 7as defined in subsection 7g77#c7 of such section72 and 7,c7 is subject to monitoring by the ,trade ,representative under section #cjf of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdaf74 7#e7 ,net cost ,the term net cost has the meaning given such term in chapter #d of the ,,usmca or in any subsequent free trade agreement between the ,united ,states1 ,mexico1 and ,canada4 7#f7 ,qualified facility ,the term qualified facility means a facility that is not owned or under the control of a state-owned enterprise4 7#g7 ,qualified manufacturer ,the term qualified manufacturer means a railroad freight car manufacturer that is not owned or under the control of a state-owned enterprise4 7#h7 ,railroad freight car ,the term railroad freight car means a car designed to carry freight or railroad personnel by rail1 including-- 7,a7 a box car2 7,b7 a refrigerator car2 7,c7 a ventilator car2 7,d7 an intermodal well car2 7,e7 a gondola car2 7,f7 a hopper car2 7,g7 an auto rack car2 7,h7 a flat car2 7,i7 a special car2 7,j7 a caboose car2 7,k7 a tank car2 and 7,l7 a yard car4 7#i7 ,sensitive technology ,the term sensitive technology means any device embedded with electronics1 software1 sensors1 or other connectivity1 that enables the device to connect to1 collect data from1 or exchange data with another device1 including-- 7,a7 onboard telematics2 7,b7 remote monitoring software2 7,c7 firmware2 7,d7 analytics2 7,e7 ,,gps satellite and cellular location tracking systems2 7,f7 event status sensors2 7,g7 predictive component condition and performance monitoring sensors2 and 7,h7 similar sensitive technologies embedded into freight railcar components and subassemblies4 7#aj7 ,state-owned enterprise ,the term state-owned enterprise means-- 7,a7 an entity that is owned by1 or under the control of1 a national1 provincial1 or local government of a country of concern1 or an agency of such government2 or 7,b7 an individual acting under the direction or influence of a government or agency described in subparagraph 7,a74 7#aa7 ,substantially transformed ,the term substantially transformed means a component of a railroad freight car that undergoes an applicable change in tariff classification as a result of the manufacturing process1 as described in chapter #d and related annexes of the ,,usmca or in any subsequent free trade agreement between the ,united ,states1 ,mexico1 and ,canada4 7#ab7 ,,usmca ,the term ,,usmca has the meaning given such term in section #c of the ,united ,states-,mexico-,canada ,agreement ,implementation ,act 7#ai ,u4,s4,c4 #dejb74 7b7 ,requirements for railroad freight cars entering service in the ,united ,states 7#a7 ,limitation on railroad freight cars ,a railroad freight car wholly manufactured on or after the date that is #a year after the date of the enactment of the ,,safe ,,trains ,act may only operate on the ,united ,states freight railroad interchange system if-- 7,a7 the railroad freight car is manufactured1 assembled1 and substantially transformed1 as applicable1 by a qualified manufacturer in a qualified facility2 7,b7 none of the sensitive technology located on the railroad freight car1 including components necessary to the functionality of the sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise2 and 7,c7 none of the content of the railroad freight car1 excluding sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise that has been determined by a recognized court or administrative agency of competent jurisdiction and legal authority to have violated or infringed valid ,united ,states intellectual property rights of another1 including such a finding by a ,federal district court under title #ce or the ,united ,states ,international ,trade ,commission under section #ccg of the ,tariff ,act of #aicj 7#ai ,u4,s4,c4 #accg74 7#b7 ,limitation on railroad freight car content 7,a7 ,percentage limitation ,not later than #a year after the date of the enactment of the ,,safe ,,trains ,act1 a railroad freight car may operate on the ,united ,states freight railroad interchange system only if-- 7i7 not more than #bj percent of the content of the railroad freight car1 calculated by the net cost of all components of the car and excluding the cost of sensitive technology1 originates from a country of concern or is sourced from a state-owned enterprise2 or 7ii7 not later than #b years after the date of the enactment of the ,,safe ,,trains ,act1 the percentage described in clause 7i7 is not more than #ae percent4 7,b7 ,conflict ,the percentages specified in subparagraph 7,a7 shall apply notwithstanding any apparent conflict with the provisions of chapter #d of the ,,usmca4 7c7 ,regulations and penalties 7#a7 ,regulations required ,not later than #a year after the date of the enactment of the ,,safe ,,trains ,act1 the ,secretary of ,transportation shall issue such regulations as are necessary to carry out this section1 including regulations necessary for the monitoring1 enforcement1 and sensitive technology requirements under this section4 7#b7 ,certification required ,to be eligible to provide a railroad freight car for operation on the ,united ,states freight railroad interchange system1 the manufacturer of such car shall annually certify to the ,secretary that any railroad freight cars so provided meets the requirements under this section4 7#c7 ,compliance 7,a7 ,valid certification required ,at the time a railroad freight car begins operation on the ,united ,states freight railroad interchange system1 the manufacturer of such railroad freight car shall have valid certification described in paragraph 7#b7 for the year in which such car begins operation4 7,b7 ,registration of noncompliant cars prohibited ,a railroad freight car manufacturer may not register1 or cause to be registered1 a railroad freight car that does not comply with the requirements under this section in the ,association of ,american ,railroad's ,umler system4 7#d7 ,civil penalties 7,a7 ,in general ,a railroad freight car manufacturer that has manufactured a railroad freight car for operation on the ,united ,states freight railroad interchange system that the ,secretary of ,transportation determines1 after written notice and an opportunity for a hearing1 has violated this section is liable to the ,united ,states ,government for a civil penalty of at least #ajj1jjj1 but not more than #bej1jjj1 for each such violation for each railroad freight car4 7,b7 ,prohibition for violations ,the ,secretary of ,transportation may prohibit a railroad freight car manufacturer with respect to which the ,secretary has assessed more than #c violations under subparagraph 7,a7 from providing additional railroad freight cars for operation on the ,united ,states freight railroad interchange system until the ,secretary determines-- 7i7 such manufacturer is in compliance with this section2 and 7ii7 all civil penalties assessed to such manufacturer pursuant to subparagraph 7,a7 have been paid in full4 4 7b7 ,clerical amendment ,the chapter analysis for chapter #bjg of title #di1 ,united ,states ,code1 is amended by adding at the end the following3 #bjgjd4 ,requirements for railroad freight cars entering service in the ,united ,states4 4