H.R. 2912

Airport Infrastructure Vehicle Security Act

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I

118th CONGRESS

1st Session

H. R. 2912

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.

1.

Short title

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

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).