AIR Security Act

II 118TH CONGRESS 1ST SESSION S. 1965 To prohibit airport improvement grants funds from being used for contracts with entities that have violated intellectual property rights of United States entities. 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 intel- lectual property rights of United States entities. 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 2023’’ or the ‘‘AIR Security 5 Act’’. 6 VerDate Sep 11 2014 01:26 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1965.IS S1965 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1965 IS SEC. 2. PROHIBITION ON PROVISION OF AIRPORT IM- 1 PROVEMENT GRANT FUNDS TO CERTAIN EN- 2 TITIES THAT HAVE VIOLATED INTELLECTUAL 3 PROPERTY RIGHTS OF UNITED STATES ENTI- 4 TIES. 5 (a) IN GENERAL.—During the period beginning on 6 the date that is 30 days after the date of the enactment 7 of this Act, amounts provided as project grants under sub- 8 chapter I of chapter 471 of title 49, United States Code, 9 may not be used to enter into a contract described in sub- 10 section (b) with any entity on the list required by sub- 11 section (c). 12 (b) CONTRACT DESCRIBED.—A contract described in 13 this subsection is a contract or other agreement for the 14 procurement of infrastructure or equipment for a pas- 15 senger boarding bridge at an airport. 16 (c) LIST REQUIRED.— 17 (1) IN GENERAL.—Not later than 30 days after 18 the date of enactment of this Act, and thereafter as 19 required by paragraph (2), the United States Trade 20 Representative, the Attorney General, and the Ad- 21 ministrator of the Federal Aviation Administration 22 shall make available a publicly-available a list of en- 23 tities manufacturing airport passenger boarding in- 24 frastructure or equipment that— 25 VerDate Sep 11 2014 01:26 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1965.IS S1965 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1965 IS (A) are owned, directed by, or subsidized 1 in whole, or in part by the People’s Republic of 2 China; 3 (B) have been determined by a Federal 4 court to have misappropriated intellectual prop- 5 erty or trade secrets from an entity organized 6 under the laws of the United States or any ju- 7 risdiction within the United States; 8 (C) own or control, are owned or controlled 9 by, are under common ownership or control 10 with, or are successors to, an entity described 11 in subparagraph (A); 12 (D) own or control, are under common 13 ownership or control with, or are successors to, 14 an entity described in subparagraph (A); or 15 (E) have entered into an agreement with 16 or accepted funding from, whether in the form 17 of minority investment interest or debt, have 18 entered into a partnership with, or have entered 19 into another contractual or other written ar- 20 rangement with, an entity described in subpara- 21 graph (A). 22 (2) UPDATES TO LIST.—The United States 23 Trade Representative shall update the list required 24 by paragraph (1), based on information provided by 25 VerDate Sep 11 2014 01:26 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1965.IS S1965 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1965 IS the Attorney General and the Administrator of the 1 Federal Aviation Administration— 2 (A) not less frequently than every 90 days 3 during the 180-day period following the initial 4 publication of the list under paragraph (1); and 5 (B) not less frequently than annually 6 thereafter. 7 (d) DEFINITIONS.—In this section, the definitions in 8 section 47102 of title 49, United States Code, shall apply. 9 Æ VerDate Sep 11 2014 01:26 Jul 07, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\S1965.IS S1965 kjohnson on DSK79L0C42PROD with BILLS