ONSHORE Act of 2023

II 118TH CONGRESS 1ST SESSION S. 1915 To amend the Public Works and Economic Development Act of 1965 to provide for the establishment of a Critical Supply Chain Site Develop- ment grant program, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 8, 2023 Mr. KELLY (for himself, Mr. VANCE, and Mr. COTTON) introduced the fol- lowing bill; which was read twice and referred to the Committee on Envi- ronment and Public Works A BILL To amend the Public Works and Economic Development Act of 1965 to provide for the establishment of a Critical Supply Chain Site Development grant program, and for other purposes. 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 ‘‘Opportunities for Non- 4 developed Sites to Have Opportunities to be Rehabilitated 5 for Economic Development Act of 2023’’ or the ‘‘ON- 6 SHORE Act of 2023’’. 7 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 2 •S 1915 IS SEC. 2. FINDINGS. 1 Section 2(a) of the Public Works and Economic De- 2 velopment Act of 1965 (42 U.S.C. 3121(a)) is amended— 3 (1) in paragraph (5), by striking ‘‘and’’ at the 4 end; 5 (2) in paragraph (6), by striking the period at 6 the end and inserting ‘‘; and’’; and 7 (3) by adding at the end the following: 8 ‘‘(7) economic development in Tribal nations, 9 States, cities, and rural areas of the United States 10 can be best promoted by assisting communities and 11 regions in developing and implementing cluster- 12 based regional economic and innovation strategies 13 that strengthen critical domestic supply chains, in- 14 cluding by promoting industrial site development or 15 expansion projects for the purposes of— 16 ‘‘(A) reshoring companies to the United 17 States; and 18 ‘‘(B) incentivizing greenfield foreign direct 19 investments by companies headquartered out- 20 side the United States.’’. 21 SEC. 3. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT 22 GRANT PROGRAM. 23 (a) IN GENERAL.—Title II of the Public Works and 24 Economic Development Act of 1965 is amended by insert- 25 ing after section 207 (42 U.S.C. 3147) the following: 26 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 3 •S 1915 IS ‘‘SEC. 208. CRITICAL SUPPLY CHAIN SITE DEVELOPMENT 1 GRANT PROGRAM. 2 ‘‘(a) ESTABLISHMENT.—The Secretary shall estab- 3 lish a grant program, to be known as the ‘Critical Supply 4 Chain Site Development grant program’ (referred to in 5 this section as the ‘grant program’), to provide grants to 6 eligible recipients to carry out site development or expan- 7 sion projects for the purpose of making the site ready for 8 manufacturing projects, including foreign direct invest- 9 ment projects and advanced manufacturing projects, in in- 10 dustries determined to be of strategic importance by the 11 Secretary. 12 ‘‘(b) CONSIDERATIONS.—In awarding a grant to an 13 eligible recipient under the grant program, the Secretary 14 may consider whether— 15 ‘‘(1) the proposed improvements to the site will 16 improve economic conditions for— 17 ‘‘(A) rural or Tribal communities; or 18 ‘‘(B) economically disadvantaged regions 19 experiencing chronic high unemployment, 20 underemployment, outmigration, or low per-cap- 21 ita incomes, as determined by the Secretary; 22 ‘‘(2) the project is consistent with regional eco- 23 nomic development plans, which may include a com- 24 prehensive economic development strategy; and 25 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 4 •S 1915 IS ‘‘(3) the eligible recipient has initiatives to 1 prioritize job training and workforce development. 2 ‘‘(c) PRIORITY.—In awarding grants to eligible re- 3 cipients under the grant program, the Secretary shall give 4 priority to eligible recipients that propose to carry out a 5 project that— 6 ‘‘(1) has State, local, private, or nonprofit 7 funds being contributed to assist with site develop- 8 ment efforts; and 9 ‘‘(2) supports the domestic manufacturing of 10 technologies in— 11 ‘‘(A) a key technology focus area included 12 on the list required under section 10387(a)(2) 13 of the Research and Development, Competition, 14 and Innovation Act (42 U.S.C. 19107(a)(2)) 15 (referred to in this section as a ‘key technology 16 focus area’); or 17 ‘‘(B) other industries or technology sectors 18 identified by the Secretary, in consultation with 19 the Secretary of Defense, to be critical to na- 20 tional security and economic competitiveness. 21 ‘‘(d) USE OF FUNDS.—A grant awarded under the 22 grant program may be used for the following activities re- 23 lating to the development or expansion of a site: 24 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 5 •S 1915 IS ‘‘(1) Investments in site utility readiness, in- 1 cluding— 2 ‘‘(A) construction of on-site utility infra- 3 structure; 4 ‘‘(B) construction of last-mile infrastruc- 5 ture, including road infrastructure, water infra- 6 structure, power infrastructure, broadband in- 7 frastructure, and other physical last-mile infra- 8 structure; 9 ‘‘(C) site grading; and 10 ‘‘(D) other activities to extend public utili- 11 ties or services to a site, as determined appro- 12 priate by the Secretary. 13 ‘‘(2) Investments in site readiness, including— 14 ‘‘(A) land assembly and other land or 15 property acquisition; 16 ‘‘(B) environmental reviews; 17 ‘‘(C) zoning; 18 ‘‘(D) design; 19 ‘‘(E) engineering; and 20 ‘‘(F) permitting. 21 ‘‘(3) Investments in workforce development pro- 22 grams, including job training and retraining pro- 23 grams. 24 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 6 •S 1915 IS ‘‘(4) Investments to ensure that economically 1 disadvantaged communities have access to on-site 2 jobs. 3 ‘‘(e) MINIMUM NUMBER OF GRANTS.—Each fiscal 4 year, the Secretary shall award not fewer than 10 grants 5 under the grant program. 6 ‘‘(f) GRANT RESTRICTIONS.—In awarding grants 7 under the grant program, the Secretary shall not— 8 ‘‘(1) require an eligible recipient to demonstrate 9 that a private company or investment has selected 10 the site for development or expansion; 11 ‘‘(2) award a grant— 12 ‘‘(A) to a foreign entity of concern (as de- 13 fined in section 10612(a) of the Research and 14 Development, Competition, and Innovation Act 15 (42 U.S.C. 19221(a))); or 16 ‘‘(B) for a project that would benefit a for- 17 eign entity of concern (as so defined); or 18 ‘‘(3) award more than 20 percent of amounts 19 made available to carry out the grant program for 20 a fiscal year for projects that support any 1 par- 21 ticular key technology focus area or an industry or 22 technology sector identified under subsection 23 (c)(2)(B). 24 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 7 •S 1915 IS ‘‘(g) COST SHARING.—Notwithstanding section 204, 1 the Federal share of the cost of a project carried out with 2 an award under the grant program may be up to 100 per- 3 cent of the total project cost. 4 ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There 5 is authorized to be appropriated to the Secretary to carry 6 out the grant program $100,000,000 for each of fiscal 7 years 2024 through 2028.’’. 8 (b) CLERICAL AMENDMENT.—The table of contents 9 contained in section 1(b) of the Public Works and Eco- 10 nomic Development Act of 1965 (Public Law 89–136; 79 11 Stat. 552; 112 Stat. 3597; 118 Stat. 1761) is amended 12 by inserting after the item relating to section 207 the fol- 13 lowing: 14 ‘‘Sec. 208. Critical Supply Chain Site Development grant program.’’. SEC. 4. USE OF FUNDS IN PROJECTS CONSTRUCTED UNDER 15 PROJECTED COST. 16 Section 211(a) of the Public Works and Economic 17 Development Act of 1965 (42 U.S.C. 3151(a)) is amend- 18 ed, in the matter preceding paragraph (1), by striking 19 ‘‘section 201 or 209’’ and inserting ‘‘section 201, 208, or 20 209’’. 21 SEC. 5. DIRECT EXPENDITURE OR REDISTRIBUTION BY RE- 22 CIPIENT. 23 Section 217(a) of the Public Works and Economic 24 Development Act of 1965 (42 U.S.C. 3154c(a)) is amend- 25 VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS 8 •S 1915 IS ed by striking ‘‘section 201, 203, or 207’’ and inserting 1 ‘‘section 201, 203, 207, or 208’’. 2 Æ VerDate Sep 11 2014 06:44 Jul 01, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\S1915.IS S1915 kjohnson on DSK79L0C42PROD with BILLS