Federal · Title 46 — Shipping

46 U.S.C. § 54101: Assistance for small shipyards

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in the form of grants, loans, and loan guarantees to small shipyards for capital improvements; and for maritime training programs to foster technical skills and operational productivity relating to shipbuilding, ship repair, and associated industries. efficiency, competitive operations, and quality ship construction, repair, and reconfiguration; and employee skills and enhanced productivity related to shipbuilding, ship repair, and associated industries. The Administrator shall post a Notice of Funding Opportunity regarding grants awarded under this section not more than 15 days after the date of enactment of the appropriations Act for the fiscal year concerned. The Administrator shall award grants under this section not later than 120 days after the date of the enactment of the appropriations Act for the fiscal year concerned. Notwithstanding paragraph (3), amounts awarded as a grant under this section that are not expended by the grantee shall remain available to the Administrator for use for grants under this section. make capital and related improvements in small shipyards; and provide training for workers in shipbuilding, ship repair, and associated industries. Not more than 2 percent of amounts made available to carry out the program may be used for the necessary costs of grant administration. Grants awarded under this section may not be used to construct buildings or other physical facilities or to acquire land. an unmanufactured article, material, or supply that has been mined or produced in the United States; or 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. that the application of those requirements would be inconsistent with the public interest; that such product or material is not available in the United States in sufficient and reasonably available quantities, of a satisfactory quality, or on a timely basis; or 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. A determination made by the Administrator under this subparagraph shall be published in the Federal Register. a commercial item, as defined by section 2.101 of title 48, Code of Federal Regulations (as in effect on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020); and sold in substantial quantities in the commercial marketplace; and does not include bulk cargo, as defined in section 40102(4) of this title , such as agricultural products and petroleum products. 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. 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. Federal funds for any eligible project under this section shall not exceed 75 percent of the total cost of such project. The Administrator may not award more than 25 percent of the funds made available to carry out this section for any fiscal year to any small shipyard in one geographic location that has more than 600 employees. A maritime training center that has received funds awarded under section 51706 of title 46 , United States Code, shall not be eligible for grants under this subsection for training purposes in the same fiscal year. To be eligible for assistance under this section, an applicant shall submit an application, in such form, and containing such information and assurances as the Administrator may require, within 60 days after the date of enactment of the appropriations Act for the fiscal year concerned. the need for the project; the methodology for implementing the project; and any existing programs or arrangements that can be used to supplement or leverage assistance under the program. grant funds are used for the purposes for which they were made available; grantees have properly accounted for all expenditures of grant funds; and grant funds not used for such purposes and amounts not obligated or expended are returned. sufficient funding is available to meet the matching requirements of subsection (e); the project will be completed without unreasonable delay; and the recipient has authority to carry out the proposed project. All grantees under this section shall maintain such records as the Administrator may require and make such records available for review and audit by the Administrator. In this section, the term “small shipyard” means a shipyard facility in one geographic location that does not have more than 1,200 employees.

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