[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2912 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 2912
To amend title 49, United States Code, to apply certain limitations to
the requirements for buying goods produced in the United States for
certain airport-related projects, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 26, 2023
Mr. Swalwell (for himself, Mr. Garamendi, and Ms. Craig) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure
_______________________________________________________________________
A BILL
To amend title 49, United States Code, to apply certain limitations to
the requirements for buying goods produced in the United States for
certain airport-related projects, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Airport Infrastructure Vehicle
Security Act''.
SEC. 2. BUYING GOODS PRODUCED IN THE UNITED STATES.
(a) In General.--Section 50101 of title 49, United States Code, is
amended--
(1) by striking ``(except section 47127)'' each place it
appears; and
(2) by adding at the end the following:
``(d) Limitation on Certain Rolling Stock Procurements.--
``(1) In general.--Financial assistance made available
under the provisions described in subsection (a) 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 an airport-related
project 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 foreign country
included on the priority watch list defined in
subsection (g)(3) 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.--
``(A) In general.--For purposes of paragraph (1),
the term `otherwise related legally or financially'
does not include--
``(i) a minority relationship or
investment; or
``(ii) relationship with or investment in a
subsidiary, joint venture, or other entity
based in a country described in paragraph
(1)(B) that does not export rolling stock or
components of rolling stock for use in the
United States.
``(B) Corporation based in china.--Notwithstanding
subparagraph (A)(i), for purposes of paragraph (1), the
term `otherwise related legally or financially'
includes a minority relationship or investment if the
relationship or investment involves a corporation based
in China.
``(3) International agreements.--This subsection shall be
applied in a manner consistent with the obligations of the
United States under international agreements.''.
(b) Conforming Amendments.--
(1) Restricting contract awards because of discrimination
against united states goods or services.--Section 50102 of
title 49, United States Code, is amended by striking ``(except
section 47127)''.
(2) Restriction on airport projects using products or
services of foreign countries denying fair market
opportunities.--Section 50104(b) of title 49, United States
Code, is amended by striking ``(except section 47127)''.
(3) Fraudulent use of made in america label.--Section 50105
of title 49, United States Code, is amended by striking
``(except section 47127)''.
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