
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC50104]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                          PART E--MISCELLANEOUS
 
                  CHAPTER 501--BUY-AMERICAN PREFERENCES
 
Sec. 50104. Restriction on airport projects using products or 
        services of foreign countries denying 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 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 (except 
section 47127) 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)), 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.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1299, Sec. 49104; 
renumbered Sec. 50104 and amended Pub. L. 104-287, Sec. 5(88)(D), (89), 
Oct. 11, 1996, 110 Stat. 3398.)

                                          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, 
Sec.  533; added Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Sec.  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 chapter 471 of 
this title (except sections 47106(d) and 47127)'' are substituted for 
``Act'' in section 533(a)(1) of the Airport and Airway Development Act 
of 1982, as added by section 115 of the Airport and Airway Safety and 
Capacity 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 
consistency 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 subsection (c) of this 
section is denying fair market opportunities'' 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, Sec. 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 Administration Authorization Act of 1994 (Public Law 103-305, 
108 Stat. 1573).


                               Amendments

    1996--Pub. L. 104-287, Sec. 5(88)(D), renumbered section 49104 of 
this title as this section.
    Subsec. (b)(1). Pub. L. 104-287, Sec. 5(89), substituted ``section 
47127'' for ``sections 47106(d) and 47127''.
