I 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 pro- duced in the United States for certain airport-related projects, 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 Vehicle Security Act’’. 5 SEC. 2. BUYING GOODS PRODUCED IN THE UNITED STATES. 6 (a) IN GENERAL.—Section 50101 of title 49, United 7 States Code, is amended— 8 VerDate Sep 11 2014 04:06 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2912.IH H2912 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2912 IH (1) by striking ‘‘(except section 47127)’’ each 1 place it appears; and 2 (2) by adding at the end the following: 3 ‘‘(d) LIMITATION ON CERTAIN ROLLING STOCK PRO- 4 CUREMENTS.— 5 ‘‘(1) IN GENERAL.—Financial assistance made 6 available under the provisions described in sub- 7 section (a) shall not be used in awarding a contract 8 or subcontract to an entity on or after the date of 9 enactment of this subsection for the procurement of 10 rolling stock for use in an airport-related project if 11 the manufacturer of the rolling stock— 12 ‘‘(A) is incorporated in or has manufac- 13 turing facilities in the United States; and 14 ‘‘(B) is owned or controlled by, is a sub- 15 sidiary of, or is otherwise related legally or fi- 16 nancially to a corporation based in a country 17 that— 18 ‘‘(i) is identified as a nonmarket econ- 19 omy country (as defined in section 771(18) 20 of the Tariff Act of 1930 (19 U.S.C. 21 1677(18))) as of the date of enactment of 22 this subsection; 23 ‘‘(ii) was identified by the United 24 States Trade Representative in the most 25 VerDate Sep 11 2014 04:06 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2912.IH H2912 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2912 IH recent report required by section 182 of 1 the Trade Act of 1974 (19 U.S.C. 2242) 2 as a foreign country included on the pri- 3 ority watch list defined in subsection (g)(3) 4 of that section; and 5 ‘‘(iii) is subject to monitoring by the 6 Trade Representative under section 306 of 7 the Trade Act of 1974 (19 U.S.C. 2416). 8 ‘‘(2) EXCEPTION.— 9 ‘‘(A) IN GENERAL.—For purposes of para- 10 graph (1), the term ‘otherwise related legally or 11 financially’ does not include— 12 ‘‘(i) a minority relationship or invest- 13 ment; or 14 ‘‘(ii) relationship with or investment 15 in a subsidiary, joint venture, or other en- 16 tity based in a country described in para- 17 graph (1)(B) that does not export rolling 18 stock or components of rolling stock for 19 use in the United States. 20 ‘‘(B) CORPORATION BASED IN CHINA.— 21 Notwithstanding subparagraph (A)(i), for pur- 22 poses of paragraph (1), the term ‘otherwise re- 23 lated legally or financially’ includes a minority 24 relationship or investment if the relationship or 25 VerDate Sep 11 2014 04:06 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2912.IH H2912 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2912 IH investment involves a corporation based in 1 China. 2 ‘‘(3) INTERNATIONAL AGREEMENTS.—This sub- 3 section shall be applied in a manner consistent with 4 the obligations of the United States under inter- 5 national agreements.’’. 6 (b) CONFORMING AMENDMENTS.— 7 (1) RESTRICTING CONTRACT AWARDS BECAUSE 8 OF DISCRIMINATION AGAINST UNITED STATES 9 GOODS OR SERVICES.—Section 50102 of title 49, 10 United States Code, is amended by striking ‘‘(except 11 section 47127)’’. 12 (2) RESTRICTION ON AIRPORT PROJECTS USING 13 PRODUCTS OR SERVICES OF FOREIGN COUNTRIES 14 DENYING FAIR MARKET OPPORTUNITIES.—Section 15 50104(b) of title 49, United States Code, is amend- 16 ed by striking ‘‘(except section 47127)’’. 17 (3) FRAUDULENT USE OF MADE IN AMERICA 18 LABEL.—Section 50105 of title 49, United States 19 Code, is amended by striking ‘‘(except section 20 47127)’’. 21 Æ VerDate Sep 11 2014 04:06 May 05, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2912.IH H2912 pbinns on DSKJLVW7X2PROD with $$_JOB