[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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