49 U.S.C. § 50104 — Restriction on airport projects using

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; and (3) the number of contracts made under this section. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1298, § 49103; renumbered § 50103, Pub. L. 104–287, § 5(88)(D), Oct. 11, 1996, 110 Stat. 3398; amended Pub. L. 106–36, title I, § 1002(i), June 25, 1999, 113 Stat. 134.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 49103(a) ...... 49 App.:2226d(e). Nov. 5, 1990, Pub. L. 101–508, § 9207, 104 Stat. 1388–375. 49103(b) ...... 49 App.:2226d(a). 49103(c) ...... 49 App.:2226d(b). 49103(d) ...... 49 App.:2226d(c). 49103(e) ...... 49 App.:2226d(d). In subsection (a), the text of 49 App.:2226d(e)(1) is omitted because the complete name of the Adminis- trator of the Federal Aviation Administration is used the first time the term appears in a section. In subsection (b), before clause (1), the words ‘‘Sub- ject to subsections (c) and (d) of this section’’ are added to alert the reader to the limitations in those sub- sections. In clause (1), the words ‘‘requires making the contract with the domestic firm’’ are substituted for ‘‘so requires’’ for clarity. The words ‘‘considering United States international obligations and trade rela- tions’’ are substituted for ‘‘In determining under this subsection whether the public interest so requires, the Administrator shall take into account United States international obligations and trade relations’’ to elimi- nate unnecessary words. In clause (4), the words ‘‘when completely assembled’’ are omitted as surplus. The words ‘‘produced in the United States’’ are substituted for ‘‘domestically produced’’ for consistency with clause (3). In subsection (c), the words ‘‘(1) such applicability would not be in the public interest’’ are omitted as re- dundant to subsection (b)(1) of the revised section. In subsection (e)(1), the words ‘‘foreign firms’’ are substituted for ‘‘foreign entities’’ for consistency in the revised section. Subsection (e)(3) is substituted for ‘‘the number of contracts covered under this subtitle (including the amendments made by this subtitle) and awarded based upon the parameters of this section’’ to eliminate un- necessary words. Editorial Notes AMENDMENTS 1999—Subsecs. (c)(2), (e)(2). Pub. L. 106–36 substituted ‘‘multilateral trade agreements (as defined in section 3501(4) of title 19)’’ for ‘‘General Agreement on Tariffs and Trade’’. 1996—Pub. L. 104–287 renumbered section 49103 of this title as this section. § 50104. Restriction on airport projects using products or services of foreign countries de- nying fair market opportunities (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. (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 man- ufactured 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 con- trolled 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 serv- ice 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 de- cides 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 pro- duced or offered in the United States, or in a foreign country not listed under subsection (d)(1) of this section, in a sufficient and rea- sonably available amount; and (C) the project cost will increase by more than 20 percent if the product or service is ex- cluded. (c) DECISIONS ON DENIAL OF FAIR MARKET OP- PORTUNITIES.—Not later than 30 days after a re- Page 1731 TITLE 49—TRANSPORTATION § 50105 port is submitted to Congress under section 181(b) of the Trade Act of 1974 (19 U.S.C. 2241(b)), the Trade Representative, for a construction project of more than $500,000 for which the gov- ernment 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 Rep- resentative 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 opportuni- ties. 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 para- graph (1) of this subsection; and (B) any modification of the list made before the next list is published. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1299, § 49104; renumbered § 50104 and amended Pub. L. 104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 118–63, title VII, § 768(b)(2), May 16, 2024, 138 Stat. 1294.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 49104(a)(1) .. (no source). 49104(a)(2)– (4). 49 App.:2226(d). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 533; added Dec. 30, 1987, Pub. L. 100–223, § 115, 101 Stat. 1505. 49104(b) ...... 49 App.:2226(a). 49104(c) ...... 49 App.:2226(b). 49104(d) ...... 49 App.:2226(c). Subsection (a)(1) is added for clarity. In subsection (b)(1), the words ‘‘subchapter I of chap- ter 471 of this title (except sections 47106(d) and 47127)’’ are substituted for ‘‘Act’’ in section 533(a)(1) of the Air- port and Airway Development Act of 1982, as added by section 115 of the Airport and Airway Safety and Ca- pacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1505) to correct a mistake. In subsection (b)(2), before clause (A), the words ‘‘with respect to the use of a product or service in a project’’ are omitted as surplus. In clause (B), the words ‘‘or service’’ are added for clarity and consist- ency in this section. In clause (C), the words ‘‘overall’’ and ‘‘contract’’ are omitted as surplus. In subsection (c), the words ‘‘the date which is’’, ‘‘the date on which’’, ‘‘or not’’, and ‘‘and equitable’’ are omitted as surplus. In subsection (d)(1), the words ‘‘finds under sub- section (c) of this section is denying fair market oppor- tunities’’ are substituted for ‘‘with respect to which an affirmative determination is made under subsection (b)’’ for clarity. In subsection (d)(2)(A), the word ‘‘entire’’ is omitted as surplus. PUB. L. 104–287, § 5(89) This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Admin- istration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573). Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–63 struck out ‘‘(except section 47127)’’ after ‘‘subchapter I of chapter 471 of this title’’. 1996—Pub. L. 104–287, § 5(88)(D), renumbered section 49104 of this title as this section. Subsec. (b)(1). Pub. L. 104–287, § 5(89), substituted ‘‘section 47127’’ for ‘‘sections 47106(d) and 47127’’. § 50105. Fraudulent use of ‘‘Made in America’’ label If the Secretary of Transportation decides that a person intentionally affixed a ‘‘Made in America’’ label to goods sold in or shipped to the United States that are not made in the United States, the Secretary shall declare the person ineligible, for not less than 3 nor more than 5 years, to receive a contract or grant from the United States Government related to a con- tract made under section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471, or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title or subtitle B of title IX of the Omni- bus Budget Reconciliation Act of 1990 (Public Law 101–508, 104 Stat. 1388–353). The Secretary may bring a civil action to enforce this section in any district court of the United States. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1300, § 49105; renumbered § 50105 and amended Pub. L. 104–287, § 5(88)(D), (89), Oct. 11, 1996, 110 Stat. 3398; Pub. L. 118–63, title VII, § 768(b)(3), May 16, 2024, 138 Stat. 1295.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 49105 .......... 49 App.:2226b. Nov. 5, 1990, Pub. L. 101–508, § 9130, 104 Stat. 1388–372; Oct. 31, 1992, Pub. L. 102–581, § 118(a), 106 Stat. 4883. PUB. L. 104–287, § 5(89) This makes a clarifying amendment to 49:50101(a) and (b)(3), 50102, 50104(b)(1), and 50105, as redesignated by clause (88)(D) of this section, because 49:47106(d) was struck by section 108(1) of the Federal Aviation Admin- istration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1573). Editorial Notes REFERENCES IN TEXT Subtitle B of title IX of the Omnibus Budget Rec- onciliation Act of 1990, referred to in text, is subtitle B (§§ 9101–9131) of title IX of Pub. L. 101–508, Nov. 5, 1990, 104 Stat. 1388–353, known as the Aviation Safety and Ca- pacity Expansion Act of 1990. Sections 9102 to 9105, 9107 to 9112(b), 9113 to 9115, 9118, 9121 to 9123, 9124 ‘‘Sec. 613(c)’’, 9125, 9127, and 9129 to 9131 of title IX of Pub. L. 101–508 were repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, Transportation, see table at the beginning of Title 49.