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49 U.S.C. § 50104 — Restriction on airport projects using products or services of foreign countries denying fair market opportunities
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition and Rules for Construing Section.—** In this section—
(1) “project” has the same meaning given that term in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim).
(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of the country.
(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.
**(b) Limitation on Use of Available Amounts.—**
(1) An amount made available under subchapter I of chapter 471 of this title may not be used for a project that uses a product or service of a foreign country during any period the country is on the list maintained by the United States Trade Representative under subsection (d)(1) of this section.
(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not in the public interest;
(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the product or service is excluded.
**(c) Decisions on Denial of Fair Market Opportunities.—** Not later than 30 days after a report is submitted to Congress under section 181(b) of the Trade Act of 1974 ([19 U.S.C. 2241(b)](https:
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Source file: Laws/federal/codes/united-states-code/title-49/section-50104-restriction-on-airport-projects-using-products-or-services-of-foreign-co--1c1c7a85de.md
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Source location: Title 49, Chapter 501, § 50104; chapter-501-buy-american-preferences.md
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**(a) Definition and Rules for Construing Section.—** In this section—
(1) “project” has the same meaning given that term in [section 47102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47102&num=0&edition=prelim).
(2) each foreign instrumentality and each territory and possession of a foreign country administered separately for customs purposes is a separate foreign country.
(3) an article substantially produced or manufactured in a foreign country is a product of the country.
(4) a service provided by a person that is a national of a foreign country or that is controlled by a national of a foreign country is a service of the country.
**(b) Limitation on Use of Available Amounts.—**
(1) An amount made available under subchapter I of chapter 471 of this title may not be used for a project that uses a product or service of a foreign country during any period the country is on the list maintained by the United States Trade Representative under subsection (d)(1) of this section.
(2) Paragraph (1) of this subsection does not apply when the Secretary of Transportation decides that—
(A) applying paragraph (1) to the product, service, or project is not in the public interest;
(B) a product or service of the same class or type and of satisfactory quality is not produced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and reasonably available amount; and
(C) the project cost will increase by more than 20 percent if the product or service is excluded.
**(c) Decisions on Denial of Fair Market Opportunities.—** Not later than 30 days after a report is submitted to Congress under section 181(b) of the Trade Act of 1974 ([19 U.S.C. 2241(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2241/b&num=0&edition=prelim)), the Trade Representative, for a construction project of more than $500,000 for which the government of a foreign country supplies any part of the amount, shall decide whether the foreign country denies fair market opportunities for products and suppliers of the United States in procurement or for United States bidders. In making the decision, the Trade Representative shall consider information obtained in preparing the report and other information the Trade Representative considers relevant.
**(d) List of Countries Denying Fair Market Opportunities.—**
(1) The Trade Representative shall maintain a list of each foreign country the Trade Representative finds under subsection (c) of this section is denying fair market opportunities. The country shall remain on the list until the Trade Representative decides the country provides fair market opportunities.
(2) The Trade Representative shall publish in the Federal Register—
(A) annually the list required under paragraph (1) of this subsection; and
(B) any modification of the list made before the next list is published.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General.—** The lease between the Secretary of Transportation and the Metropolitan Washington Airports Authority under section 6005(a) of the Metropolitan Washington Airports Act of 1986 (Public Law 99–500; 100 Stat. 1783–375; Public Law 99–591; 100 Stat. 3341–378), for the Metropolitan Washington Airports must provide during its 50-year term at least the following:
(1) The Airports Authority shall operate, maintain, protect, promote, and develop the Metropolitan Washington Airports as a unit and as primary airports serving the Metropolitan Washington area.
(2)
(A) In this paragraph, “airport purposes” means a use of property interests (except a sale) for—
(i) aviation business or activities;
(ii) activities necessary or appropriate to serve passengers or cargo in air commerce;
(iii) nonprofit, public use facilities that are not inconsistent with the needs of aviation; or
(iv) a business or activity not inconsistent with the needs of aviation that has been approved by the Secretary.
(B) During the period of the lease, the real property constituting the Metropolitan Washington Airports shall be used only for airport purposes.
(C) If the Secretary decides that any part of the real property leased to the Airports Authority under this chapter is used for other than airport purposes, the Secretary shall—
(i) direct that the Airports Authority take appropriate measures to have that part of the property be used for airport purposes; and
(ii) retake possession of the property if the Airports Authority fails to have that part of the property be used for airport purposes within a reasonable period of time, as the Secretary decides.
(3) The Airports Authority is subject to section 47107(a)–(c) and (e) of this title and to the assuran
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 49104
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter—
(1) “air carrier” has the meaning given such term in section 40102.
(2) “airport”—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard;
(ii) preparing a plan or specification, including carrying out a field investigation; and
(iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including cl
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Former United States Tariff Commission** The United States Tariff Commission (established by [section 1330 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330&num=0&edition=prelim)) is renamed as the United States International Trade Commission.
**(b) References in law and other documents** Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2241
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Federal law — U.S. Code and appendices · legal_authorities
Page 554
TITLE 19—CUSTOMS DUTIES
§ 2241
1 So in original. The semicolon probably should be a comma.
2 So in original. The comma probably should be a semicolon.
3 So in original.
4 So in original. Probably should be ‘‘calendar’’.
preceding the beginning of each fiscal year and
shall be included by him in the Budget without
revision, and the Commission shall not be con-
sidered to be a department or establishment for
purposes of such chapter.
(Pub. L. 93–618, title I, § 175(a)(1), Jan. 3, 1975, 88
Stat. 2011.)
Editorial Notes
CODIFICATION
‘‘Chapter 11 of title 31’’ and ‘‘such chapter’’ sub-
stituted in text for ‘‘the Budget and Accounting Act,
1921 (31 U.S.C. 1 et seq.)’’ and ‘‘such Act’’, respectively,
on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96
Stat. 1067, the first section of which enacted Title 31,
Money and Finance.
PART 8—IDENTIFICATION OF MARKET BARRIERS
AND CERTAIN UNFAIR TRADE ACTIONS
§ 2241. Estimates of barriers to market access
(a) National trade estimates
(1) In general
For calendar year 1988, and for each suc-
ceeding calendar year, the United States
Trade Representative, through the inter-
agency trade organization established pursu-
ant to section 1872(a) of this title and with the
assistance of the interagency advisory com-
mittee established under section 2171(d)(2) of
this title, shall—
(A) identify and analyze acts, policies, or
practices of each foreign country which con-
stitute significant barriers to, or distortions
of—
(i) United States exports of goods or
services (including agricultural commod-
ities; and property protected by trade-
marks, patents, and copyrights exported or
licensed by United States persons),
(ii) foreign direct investment by United
States persons, especially if such invest-
ment has
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 2241
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 2241. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 1730
TITLE 49—TRANSPORTATION
§ 50104
the domestic firm, considering United States
international obligations and trade relations;
(2) the difference between the bids submitted
by the foreign firm and the domestic firm is
not more than 6 percent;
(3) the final product of the domestic firm
will be assembled completely in the United
States; and
(4) at least 51 percent of the final product of
the domestic firm will be produced in the
United States.
(c) NONAPPLICATION.—Subsection (b) of this
section does not apply if—
(1) compelling national security consider-
ations require that subsection (b) of this sec-
tion not apply; or
(2) the Trade Representative decides that
making the contract would violate the multi-
lateral trade agreements (as defined in section
3501(4) of title 19) or an international agree-
ment to which the United States is a party.
(d) APPLICATION
TO
CERTAIN
GRANTS.—This
section applies only to a contract related to a
grant made under section 44511, 44512, or 44513 of
this title for which—
(1) an amount is authorized by section
48102(a), (b), or (d) of this title to be made
available for the fiscal years ending Sep-
tember 30, 1991, and September 30, 1992; and
(2) a solicitation for bid is issued after No-
vember 5, 1990.
(e) REPORT.—The Administrator shall submit a
report to Congress on—
(1) contracts to which this section applies
that are made with foreign firms in the fiscal
years ending September 30, 1991, and Sep-
tember 30, 1992;
(2) the number of contracts that meet the re-
quirements of subsection (b) of this section,
but that the Trade Representative decides
would violate the multilateral trade agree-
ments (as defined in section 3501(4) of title 19)
or an international agreement to which the
United States is a party;
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 50104
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.