Strengthening Buy America for Small Shipyard Grants Act

II 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 Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Strengthening Buy 4 America for Small Shipyard Grants Act’’. 5 SEC. 2. REQUIREMENT FOR SMALL SHIPYARD GRANTEES. 6 Section 54101(d) of title 46, United States Code, is 7 amended— 8 (1) by striking ‘‘Grants awarded’’ and inserting 9 the following: 10 VerDate Sep 11 2014 00:33 May 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1287.IS S1287 kjohnson on DSK79L0C42 with BILLS 2 •S 1287 IS ‘‘(1) IN GENERAL.—Grants awarded’’; and 1 (2) by adding at the end the following: 2 ‘‘(2) BUY AMERICA.— 3 ‘‘(A) IN GENERAL.—Subject to subpara- 4 graph (B), no funds may be obligated by the 5 Administrator of the Maritime Administration 6 under this section, unless each product and ma- 7 terial purchased with those funds (including 8 products and materials purchased by a grant- 9 ee), and including any commercially available 10 off-the-shelf item, is— 11 ‘‘(i) an unmanufactured article, mate- 12 rial, or supply that has been mined or pro- 13 duced in the United States; or 14 ‘‘(ii) a manufactured article, material, 15 or supply that has been manufactured in 16 the United States substantially all from ar- 17 ticles, materials, or supplies mined, pro- 18 duced, or manufactured in the United 19 States. 20 ‘‘(B) EXCEPTIONS.— 21 ‘‘(i) IN GENERAL.—Notwithstanding 22 subparagraph (A), the requirements of 23 that subparagraph shall not apply with re- 24 VerDate Sep 11 2014 00:33 May 07, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1287.IS S1287 kjohnson on DSK79L0C42 with BILLS 3 •S 1287 IS spect to a particular product or material if 1 the Administrator determines— 2 ‘‘(I) that the application of those 3 requirements would be inconsistent 4 with the public interest; 5 ‘‘(II) that such product or mate- 6 rial is not produced in the United 7 States in sufficient and reasonably 8 available quantities and of a satisfac- 9 tory quality; or 10 ‘‘(III) that inclusion of a domes- 11 tic product or material will increase 12 the cost of that product or material by 13 more than 25 percent, with respect to 14 a certain contract between a grantee 15 and that grantee’s supplier. 16 ‘‘(ii) FEDERAL REGISTER.—A deter- 17 mination made by the Administrator under 18 this subparagraph shall be published in the 19 Federal Register. 20 ‘‘(C) DEFINITIONS.—In this paragraph: 21 ‘‘(i) The term ‘commercially available 22 off-the-shelf item’ means— 23 ‘‘(I) any item of supply (includ- 24 ing construction material) that is— 25 VerDate Sep 11 2014 00:33 May 07, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1287.IS S1287 kjohnson on DSK79L0C42 with BILLS 4 •S 1287 IS ‘‘(aa) a commercial item, as 1 defined by section 2.101 of title 2 48, Code of Federal Regulations; 3 and 4 ‘‘(bb) sold in substantial 5 quantities in the commercial 6 marketplace; and 7 ‘‘(II) does not include bulk cargo, 8 as defined in section 40102(4) of title 9 46, United States Code, such as agri- 10 cultural products and petroleum prod- 11 ucts. 12 ‘‘(ii) The term ‘product or material’ 13 means an article, material, or supply 14 brought to the site by the recipient for in- 15 corporation into the building, work, or 16 project. The term also includes an item 17 brought to the site preassembled from arti- 18 cles, materials, or supplies. However, emer- 19 gency life safety systems, such as emer- 20 gency lighting, fire alarm, and audio evac- 21 uation systems, that are discrete systems 22 incorporated into a public building or work 23 and that are produced as complete sys- 24 tems, are evaluated as a single and distinct 25 VerDate Sep 11 2014 00:33 May 07, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1287.IS S1287 kjohnson on DSK79L0C42 with BILLS 5 •S 1287 IS construction material regardless of when or 1 how the individual parts or components of 2 those systems are delivered to the con- 3 struction site. 4 ‘‘(iii) The term ‘United States’ in- 5 cludes the District of Columbia, the Com- 6 monwealth of Puerto Rico, the Northern 7 Mariana Islands, Guam, American Samoa, 8 and the Virgin Islands.’’. 9 Æ VerDate Sep 11 2014 00:33 May 07, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1287.IS S1287 kjohnson on DSK79L0C42 with BILLS