AIR Security Act

II 116TH CONGRESS 1ST SESSION S. 1710 To prohibit funds made available under the airport improvement program from being provided to entities that have violated the intellectual property rights of United States entities and therefore pose a threat to national security, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 4, 2019 Mr. CORNYN (for himself and Mr. PETERS) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit funds made available under the airport improve- ment program from being provided to entities that have violated the intellectual property rights of United States entities and therefore pose a threat to national security, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Airport Infrastructure 4 Resources Security Act of 2019’’ or the ‘‘AIR Security 5 Act’’. 6 VerDate Sep 11 2014 05:18 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.IS S1710 kjohnson on DSK79L0C42 with BILLS 2 •S 1710 IS SEC. 2. PROHIBITION ON PROVISION OF GRANT FUNDS TO 1 ENTITIES THAT HAVE VIOLATED INTELLEC- 2 TUAL PROPERTY RIGHTS OF UNITED STATES 3 ENTITIES. 4 (a) IN GENERAL.—Subchapter I of chapter 471 of 5 the title 49, United States Code, is amended by adding 6 at the end the following: 7 ‘‘§ 47145. Prohibition on provision of grant funds to 8 entities that have violated intellectual 9 property rights of United States entities 10 ‘‘(a) IN GENERAL.—Beginning on the date that is 30 11 days after the date of the enactment of this section, 12 amounts provided as project grants under this subchapter 13 may not be used to enter into a contract described in sub- 14 section (b) with any entity on the list required by sub- 15 section (c). 16 ‘‘(b) CONTRACT DESCRIBED.—A contract described 17 in this subsection is a contract or other agreement for the 18 procurement of infrastructure or equipment for a pas- 19 senger boarding bridge at an airport. 20 ‘‘(c) LIST REQUIRED.— 21 ‘‘(1) IN GENERAL.—Not later than 30 days 22 after the date of the enactment of this section, and 23 thereafter as required by paragraphs (2) and (3), 24 the Administrator of the Federal Aviation Adminis- 25 tration shall, in consultation with the United States 26 VerDate Sep 11 2014 05:18 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.IS S1710 kjohnson on DSK79L0C42 with BILLS 3 •S 1710 IS Trade Representative and the Attorney General, 1 make available to the public a list of entities that— 2 ‘‘(A)(i) are owned or controlled by, or re- 3 ceive subsidies from, the government of a coun- 4 try— 5 ‘‘(I) identified by the Trade Rep- 6 resentative under subsection (a)(1) of sec- 7 tion 182 of the Trade Act of 1974 (19 8 U.S.C. 2242) in the most recent report re- 9 quired by that section; and 10 ‘‘(II) subject to monitoring by the 11 Trade Representative under section 306 of 12 the Trade Act of 1974 (19 U.S.C. 2416); 13 and 14 ‘‘(ii) have been determined by a Federal 15 court to have misappropriated intellectual prop- 16 erty or trade secrets from an entity organized 17 under the laws of the United States or any ju- 18 risdiction within the United States; or 19 ‘‘(B) own or control, are owned or con- 20 trolled by, are under common ownership or con- 21 trol with, or are successors to, an entity de- 22 scribed in subparagraph (A). 23 ‘‘(2) UPDATES TO LIST.—The Administrator 24 shall update the list required by paragraph (1)— 25 VerDate Sep 11 2014 05:18 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.IS S1710 kjohnson on DSK79L0C42 with BILLS 4 •S 1710 IS ‘‘(A) not less frequently than every 90 1 days during the 180-day period following the 2 initial publication of the list under paragraph 3 (1); and 4 ‘‘(B) not less frequently than annually dur- 5 ing the 5-year period following the 180-day pe- 6 riod described in subparagraph (A). 7 ‘‘(3) CONTINUATION OF REQUIREMENT TO UP- 8 DATE LIST.— 9 ‘‘(A) IN GENERAL.—Not later than the 10 end of the 5-year period described in paragraph 11 (2)(B), the Administrator shall make a deter- 12 mination with respect to whether continuing to 13 update the list required by paragraph (1) is 14 necessary to carry out this section. 15 ‘‘(B) EFFECT OF DETERMINATION THAT 16 UPDATES ARE NECESSARY.—If the Adminis- 17 trator determines under subparagraph (A) that 18 continuing to update the list required by para- 19 graph (1) is necessary, the Administrator shall 20 continue to update the list not less frequently 21 than annually. 22 ‘‘(C) EFFECT OF DETERMINATION THAT 23 UPDATES ARE NOT NECESSARY.—If the Admin- 24 istrator determines under subparagraph (A) 25 VerDate Sep 11 2014 05:18 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1710.IS S1710 kjohnson on DSK79L0C42 with BILLS 5 •S 1710 IS that continuing to update the list required by 1 paragraph (1) is not necessary, the Adminis- 2 trator shall, not later than 90 days after mak- 3 ing the determination, submit to Congress a re- 4 port on the determination and the reasons for 5 the determination.’’. 6 (b) CLERICAL AMENDMENT.—The analysis for chap- 7 ter 471 of such title is amended by inserting after the 8 item relating to section 47144 the following: 9 ‘‘47145. Prohibition on provision of grant funds to entities that have violated intellectual property rights of United States entities.’’. Æ VerDate Sep 11 2014 05:18 Jun 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1710.IS S1710 kjohnson on DSK79L0C42 with BILLS