S.Amdt. 2088

SA 2088. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 4049, to authorize appropriations for fiscal year
2021 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. __. PROHIBITION ON PROVISION OF GRANT FUNDS TO ENTITIES
THAT HAVE VIOLATED INTELLECTUAL PROPERTY RIGHTS
OF UNITED STATES ENTITIES.

Section 47110 of title 49, United States Code, is amended
by adding at the end the following:
``(j) Prohibition on Provision of Grant Funds to Entities
That Have Violated Intellectual Property Rights of United
States Entities.--
``(1) In general.--Beginning on the date that is 30 days
after the date of the enactment of this subsection, amounts
provided as project grants under this subchapter may not be
used to enter into a contract described in paragraph (2) with
any entity on the list required by paragraph (3).
``(2) Contract described.--A contract described in this
paragraph is a contract or other agreement for the
procurement of infrastructure or equipment for a passenger
boarding bridge at an airport.
``(3) List required.--
``(A) In general.--Not later than 30 days after the date of
the enactment of this section, and thereafter as required by
subparagraphs (B) and (C), the Administrator of the Federal
Aviation Administration shall, based on information provided
by the United States Trade Representative and the Attorney
General, make available to the public a list of entities
that--
``(i)(I) are owned or controlled by, or receive subsidies
from, the government of a country--

``(aa) identified by the Trade Representative under
subsection (a)(1) of section 182 of the Trade Act of 1974 (19
U.S.C. 2242) in the most recent report required by that
section; and
``(bb) subject to monitoring by the Trade Representative
under section 306 of the Trade Act of 1974 (19 U.S.C. 2416);
and

``(II) have been determined by a Federal court to have
misappropriated intellectual property or trade secrets from
an entity organized under the laws of the United States or
any jurisdiction within the United States; or
``(ii) own or control, are owned or controlled by, are
under common ownership or control with, or are successors to,
an entity described in clause (i).
``(B) Updates to list.--The Administrator shall update the
list required by subparagraph (A), based on information
provided by the Trade Representative and the Attorney
General--

[[Page S3526]]

``(i) not less frequently than every 90 days during the
180-day period following the initial publication of the list
under subparagraph (A); and
``(ii) not less frequently than annually during the 5-year
period following the 180-day period described in clause (i).
``(C) Continuation of requirement to update list.--
``(i) In general.--Not later than the end of the 5-year
period described in subparagraph (B)(ii), the Administrator
shall make a determination with respect to whether continuing
to update the list required by subparagraph (A) is necessary
to carry out this subsection.
``(ii) Effect of determination that updates are
necessary.--If the Administrator determines under clause (i)
that continuing to update the list required by subparagraph
(A) is necessary, the Administrator shall continue to update
the list, based on information provided by the Trade
Representative and the Attorney General, not less frequently
than annually.
``(iii) Effect of determination that updates are not
necessary.--If the Administrator determines under clause (i)
that continuing to update the list required by subparagraph
(A) is not necessary, the Administrator shall, not later than
90 days after making the determination, submit to Congress a
report on the determination and the reasons for the
determination.''.
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