[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1287 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1287
To ensure small shipyard grant projects are carried out using materials
produced in the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 2, 2019
Ms. Baldwin (for herself and Mr. Cassidy) introduced the following
bill; which was read twice and referred to the Committee on Commerce,
Science, and Transportation
_______________________________________________________________________
A BILL
To ensure small shipyard grant projects are carried out using materials
produced in the United States.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Strengthening Buy America for Small
Shipyard Grants Act''.
SEC. 2. REQUIREMENT FOR SMALL SHIPYARD GRANTEES.
Section 54101(d) of title 46, United States Code, is amended--
(1) by striking ``Grants awarded'' and inserting the
following:
``(1) In general.--Grants awarded''; and
(2) by adding at the end the following:
``(2) Buy america.--
``(A) In general.--Subject to subparagraph (B), no
funds may be obligated by the Administrator of the
Maritime Administration under this section, unless each
product and material purchased with those funds
(including products and materials purchased by a
grantee), and including any commercially available off-
the-shelf item, is--
``(i) an unmanufactured article, material,
or supply that has been mined or produced in
the United States; or
``(ii) a manufactured article, material, or
supply that has been manufactured in the United
States substantially all from articles,
materials, or supplies mined, produced, or
manufactured in the United States.
``(B) Exceptions.--
``(i) In general.--Notwithstanding
subparagraph (A), the requirements of that
subparagraph shall not apply with respect to a
particular product or material if the
Administrator determines--
``(I) that the application of those
requirements would be inconsistent with
the public interest;
``(II) that such product or
material is not produced in the United
States in sufficient and reasonably
available quantities and of a
satisfactory quality; or
``(III) that inclusion of a
domestic product or material will
increase the cost of that product or
material by more than 25 percent, with
respect to a certain contract between a
grantee and that grantee's supplier.
``(ii) Federal register.--A determination
made by the Administrator under this
subparagraph shall be published in the Federal
Register.
``(C) Definitions.--In this paragraph:
``(i) The term `commercially available off-
the-shelf item' means--
``(I) any item of supply (including
construction material) that is--
``(aa) a commercial item,
as defined by section 2.101 of
title 48, Code of Federal
Regulations; and
``(bb) sold in substantial
quantities in the commercial
marketplace; and
``(II) does not include bulk cargo,
as defined in section 40102(4) of title
46, United States Code, such as
agricultural products and petroleum
products.
``(ii) The term `product or material' means
an article, material, or supply brought to the
site by the recipient for incorporation into
the building, work, or project. The term also
includes an item brought to the site
preassembled from articles, materials, or
supplies. However, emergency life safety
systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are
discrete systems incorporated into a public
building or work and that are produced as
complete systems, are evaluated as a single and
distinct construction material regardless of
when or how the individual parts or components
of those systems are delivered to the
construction site.
``(iii) The term `United States' includes
the District of Columbia, the Commonwealth of
Puerto Rico, the Northern Mariana Islands,
Guam, American Samoa, and the Virgin
Islands.''.
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