II 

116TH CONGRESS 

1ST SESSION S. 1710 

To prohibit funds made available under the airport improvement program 

from being provided to entities that have violated the intellectual property 

rights of United States entities and therefore pose a threat to national 

security, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 4, 2019 

Mr. CORNYN (for himself and Mr. PETERS) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To prohibit funds made available under the airport improvement program from being provided to entities that have 

violated the intellectual property rights of United States 

entities and therefore pose a threat to national security, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Airport Infrastructure 

5 Resources Security Act of 2019’’ or the ‘‘AIR Security 

6 Act’’. 


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•S 1710 IS

1 SEC. 2. PROHIBITION ON PROVISION OF GRANT FUNDS TO 

2 ENTITIES THAT HAVE VIOLATED INTELLEC3 TUAL PROPERTY RIGHTS OF UNITED STATES 

4 ENTITIES. 

5 (a) IN GENERAL.—Subchapter I of chapter 471 of 

6 the title 49, United States Code, is amended by adding 

7 at the end the following: 

8 ‘‘§ 47145. Prohibition on provision of grant funds to 

9 entities that have violated intellectual 

10 property rights of United States entities 

11 ‘‘(a) IN GENERAL.—Beginning on the date that is 30 

12 days after the date of the enactment of this section, 

13 amounts provided as project grants under this subchapter 

14 may not be used to enter into a contract described in sub15 section (b) with any entity on the list required by sub16 section (c). 

17 ‘‘(b) CONTRACT DESCRIBED.—A contract described 

18 in this subsection is a contract or other agreement for the 

19 procurement of infrastructure or equipment for a pas20 senger boarding bridge at an airport. 

21 ‘‘(c) LIST REQUIRED.— 

22 ‘‘(1) IN GENERAL.—Not later than 30 days 

23 after the date of the enactment of this section, and 

24 thereafter as required by paragraphs (2) and (3), 

25 the Administrator of the Federal Aviation Adminis26 tration shall, in consultation with the United States 


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•S 1710 IS

1 Trade Representative and the Attorney General, 

2 make available to the public a list of entities that— 

3 ‘‘(A)(i) are owned or controlled by, or re4 ceive subsidies from, the government of a coun5 try— 

6 ‘‘(I) identified by the Trade Rep7 resentative under subsection (a)(1) of sec8 tion 182 of the Trade Act of 1974 (19 

9 U.S.C. 2242) in the most recent report re10 quired by that section; and 

11 ‘‘(II) subject to monitoring by the 

12 Trade Representative under section 306 of 

13 the Trade Act of 1974 (19 U.S.C. 2416); 

14 and 

15 ‘‘(ii) have been determined by a Federal 

16 court to have misappropriated intellectual prop17 erty or trade secrets from an entity organized 

18 under the laws of the United States or any ju19 risdiction within the United States; or 

20 ‘‘(B) own or control, are owned or con21 trolled by, are under common ownership or con22 trol with, or are successors to, an entity de23 scribed in subparagraph (A). 

24 ‘‘(2) UPDATES TO LIST.—The Administrator 

25 shall update the list required by paragraph (1)— 


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•S 1710 IS

1 ‘‘(A) not less frequently than every 90 

2 days during the 180-day period following the 

3 initial publication of the list under paragraph 

4 (1); and 

5 ‘‘(B) not less frequently than annually dur6 ing the 5-year period following the 180-day pe7 riod described in subparagraph (A). 

8 ‘‘(3) CONTINUATION OF REQUIREMENT TO UP9 DATE LIST.— 

10 ‘‘(A) IN GENERAL.—Not later than the 

11 end of the 5-year period described in paragraph 

12 (2)(B), the Administrator shall make a deter13 mination with respect to whether continuing to 

14 update the list required by paragraph (1) is 

15 necessary to carry out this section. 

16 ‘‘(B) EFFECT OF DETERMINATION THAT

17 UPDATES ARE NECESSARY.—If the Adminis18 trator determines under subparagraph (A) that 

19 continuing to update the list required by para20 graph (1) is necessary, the Administrator shall 

21 continue to update the list not less frequently 

22 than annually. 

23 ‘‘(C) EFFECT OF DETERMINATION THAT

24 UPDATES ARE NOT NECESSARY.—If the Admin25 istrator determines under subparagraph (A) 


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•S 1710 IS

1 that continuing to update the list required by 

2 paragraph (1) is not necessary, the Adminis3 trator shall, not later than 90 days after mak4 ing the determination, submit to Congress a re5 port on the determination and the reasons for 

6 the determination.’’. 

7 (b) CLERICAL AMENDMENT.—The analysis for chap8 ter 471 of such title is amended by inserting after the 

9 item relating to section 47144 the following: 

‘‘47145. Prohibition on provision of grant funds to entities that have violated 

intellectual property rights of United States entities.’’. 

Æ 


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