Sec. 768. LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS
615 words·~3 min read·
/statute-compilations/comps-17764/sec-768A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
## SEC. 768 LIMITATION ON CERTAIN ROLLING STOCK PROCUREMENTS ###
(a)In General Section 50101 of title 49, United States Code, is amended— ####
(1)by striking “(except section 47127)” each place it appears; and ####
(2)by adding at the end the following: > > ### “(d) Limitation on Certain Rolling Stock Procurements > > > #### “(1) In general > > Financial assistance made available under the provisions described in subsection
(a)shall not be used in awarding a contract or subcontract to an entity on or after the date of enactment of this subsection for the procurement of rolling stock for use in an airport-related project if the manufacturer of the rolling stock— > > > ##### “(A) > > is incorporated in or has manufacturing facilities in the United States; and > > > ##### “(B) > > is owned or controlled by, is a subsidiary of, or is otherwise related legally or financially to a corporation based in a country that— > > > ###### “(i) > > is identified as a nonmarket economy country (as defined in section 771(18) of the Tariff Act of 1930 (19 U.S.C. 1677(18))) as of the date of enactment of this subsection; > > > ###### “(ii) > > was identified by the United States Trade Representative in the most recent report required by section 182 of the Trade Act of 1974 (19 U.S.C. 2242) as a foreign country included on the priority watch list defined in subsection (g)(3) of that section; and > > > ###### “(iii) > > is subject to monitoring by the Trade Representative under section 306 of the Trade Act of 1974 (19 U.S.C. 2416). > > > #### “(2) Exception > > > ##### “(A) In general > > For purposes of paragraph (1), the term ‘otherwise related legally or financially’ does not include— > > > ###### “(i) > > a minority relationship or investment; or > > > ###### “(ii) > > relationship with or investment in a subsidiary, joint venture, or other entity based in a country described in paragraph (1)(B) that does not export rolling stock or components of rolling stock for use in the United States. > > > ##### “(B) Corporation based in people’s republic of china > > Notwithstanding subparagraph (A)(i), for purposes of paragraph (1), the term ‘otherwise related legally or financially’ includes a minority relationship or investment if the relationship or investment involves a corporation based in the People’s Republic of China. > > > #### “(3) International agreements > > This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements. > > > #### “(4) Waiver > > > ##### “(A) In general > > The Secretary may waive the limitation described in paragraph
(1)using the criteria described in subsection (b). > > > ##### “(B) Notification > > Not later than 10 days after issuing a waiver under subparagraph (A), the Secretary shall notify the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.” > . ###
(b)Conforming Amendments ####
(1)Restricting contract awards because of discrimination against united states goods or services Section 50102 of title 49, United States Code, is amended by striking “(except section 47127)”. ####
(2)Restriction on airport projects using products or services of foreign countries denying fair market opportunities Section 50104(b) of title 49, United States Code, is amended by striking “(except section 47127)”. ####
(3)Fraudulent use of made in america label Section 50105 of title 49, United States Code, is amended by striking “(except section 47127)”.
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources