Airport Infrastructure Vehicle Security Act

“(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 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 China.

“(3) International agreements—This subsection shall be applied in a manner consistent with the obligations of the United States under international agreements.”