Sec. 2307. Certification requirements
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Notwithstanding any other provision of any law or any rule, regulation, or policy of the Administration, including part 661 of title 49, Code of Federal Regulations, no article, material, or supply, shall be treated as a component of U.S. origin for purposes of section 661.5 of title 49, Code of Federal Regulations, or a component or subcomponent of domestic origin for purposes of section 661.11 of title 49, Code of Federal Regulations, if— it contains any material inputs manufactured or supplied by entities that— are subject to relief authorized under the fair trade laws of the United States, including subtitle B of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1673 et seq.) and subtitle A of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq.); are owned or controlled by entities subject to United States sanctions; or are entities owned by a foreign government, closely linked to or in partnership with a foreign government or whose directors or organizational and board leadership include any person serving in any capacity in the defense apparatus of another nation; it contains or uses covered telecommunications equipment or services as that term is defined by section 889 of the John S.
McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ); or it is of a class or category of products and was produced by a manufacturer or an affiliate of such a manufacturer found to have violated United States intellectual property laws, including trade secret theft under section 1832(a)(5) of title 18, United States Code, found to have committed economic espionage under section 183J(a)(5) of such title, or deemed to have infringed the intellectual property rights of any person in the United States.
If buses or other rolling stock are being procured, the Administrator of the Federal Transit Administration shall require as a condition of responsiveness that each bidder certify that no component, subcomponent, article, material, or supply described in subparagraphs
(A)through
(C)of subsection (a)(1) of this section is incorporated in or used by the rolling stock that is offered by the bidder.
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