II
118th CONGRESS
1st Session
S. 1965
IN THE SENATE OF THE UNITED STATES
June 14, 2023
Mr. Cornyn (for himself, Mr. Peters, Mr. Young, and Mr. Lee) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation
A BILL
To prohibit airport improvement grants funds from being used for contracts with entities that have violated intellectual property rights of United States entities.
Short title
This Act may be cited as the Airport Infrastructure Resources Security Act of 2023
or the AIR Security Act
.
Prohibition on provision of airport improvement grant funds to certain entities that have violated intellectual property rights of United States entities
In general
During the period beginning on the date that is 30 days after the date of the enactment of this Act, amounts provided as project grants under subchapter I of chapter 471 of title 49, United States Code, may not be used to enter into a contract described in subsection (b) with any entity on the list required by subsection (c).
Contract described
A contract described in this subsection is a contract or other agreement for the procurement of infrastructure or equipment for a passenger boarding bridge at an airport.
List required
In general
Not later than 30 days after the date of enactment of this Act, and thereafter as required by paragraph (2), the United States Trade Representative, the Attorney General, and the Administrator of the Federal Aviation Administration shall make available a publicly-available a list of entities manufacturing airport passenger boarding infrastructure or equipment that—
are owned, directed by, or subsidized in whole, or in part by the People’s Republic of China;
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;
own or control, are owned or controlled by, are under common ownership or control with, or are successors to, an entity described in subparagraph (A);
own or control, are under common ownership or control with, or are successors to, an entity described in subparagraph (A); or
have entered into an agreement with or accepted funding from, whether in the form of minority investment interest or debt, have entered into a partnership with, or have entered into another contractual or other written arrangement with, an entity described in subparagraph (A).
Updates to list
The United States Trade Representative shall update the list required by paragraph (1), based on information provided by the Attorney General and the Administrator of the Federal Aviation Administration—
not less frequently than every 90 days during the 180-day period following the initial publication of the list under paragraph (1); and
not less frequently than annually thereafter.
Definitions
In this section, the definitions in section 47102 of title 49, United States Code, shall apply.