II 

115TH CONGRESS 

2D SESSION S. 2731 

To expand domestic content requirements for certain shipboard components, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 23, 2018 

Ms. BALDWIN introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To expand domestic content requirements for certain 

shipboard components, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Made in America Ship5 building Act of 2018’’. 

6 SEC. 2. DOMESTIC SHIPBUILDING REQUIREMENT. 

7 (a) IN GENERAL.—The head of an executive agency 

8 may not enter into a contract related to the acquisition, 

9 construction, or conversion of a vessel unless the vessel 

10 is to be constructed or converted in the United States. 


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1 (b) EXECUTIVE AGENCY DEFINED.—In this section, 

2 the term ‘‘executive agency’’ has the meaning given the 

3 term in section 133 of title 41, United States Code. 

4 SEC. 3. DOMESTIC SOURCING REQUIREMENT FOR SHIP5 BOARD COMPONENTS. 

6 (a) IN GENERAL.—Chapter 47 of title 41, United 

7 States Code, is amended by adding at the end the fol8 lowing new section: 

9 ‘‘§ 4713. Domestic sourcing requirement for ship10 board components 

11 ‘‘(a) REQUIREMENT FOR UNITED STATES MANUFAC12 TURE.— 

13 ‘‘(1) LIMITATION ON PROCUREMENTS.—The 

14 head of an executive agency may procure any of the 

15 following components for vessels only if the items 

16 are manufactured in the United States: 

17 ‘‘(A) IN GENERAL.—The following compo18 nents for vessels: 

19 ‘‘(i) Air circuit breakers. 

20 ‘‘(ii) Welded shipboard anchor and 

21 mooring chain with a diameter of four 

22 inches or less. 

23 ‘‘(iii) Auxiliary equipment, including 

24 pumps, for all shipboard services. 


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1 ‘‘(iv) Propulsion system components 

2 (engines, reduction gears, and propellers). 

3 ‘‘(v) Shipboard cranes. 

4 ‘‘(vi) Spreaders for shipboard cranes. 

5 ‘‘(vii) Capstans. 

6 ‘‘(viii) Winches. 

7 ‘‘(ix) Hoists. 

8 ‘‘(x) Outboard motors. 

9 ‘‘(xi) Windlasses. 

10 ‘‘(B) OTHER COMPONENTS.—The following 

11 components of vessels, to the extent they are 

12 unique to marine applications: gyrocompasses, 

13 electronic navigation chart systems, steering 

14 controls, pumps, propulsion and machinery con15 trol systems, and totally enclosed lifeboats. 

16 ‘‘(C) VALVES AND MACHINE TOOLS.— 

17 Items in the following categories: 

18 ‘‘(i) Powered and non-powered valves 

19 in Federal Supply Classes 4810 and 4820 

20 used in piping for naval surface ships and 

21 submarines. 

22 ‘‘(ii) Machine tools in the Federal 

23 Supply Classes for metal-working machin24 ery numbered 3405, 3408, 3410 through 

25 3419, 3426, 3433, 3438, 3441 through 


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1 3443, 3445, 3446, 3448, 3449, 3460, and 

2 3461. 

3 ‘‘(2) APPLICABILITY TO CERTAIN ITEMS.— 

4 Paragraph (1) does not apply to a procurement of 

5 spare or repair parts needed to support components 

6 for vessels produced or manufactured outside the 

7 United States. 

8 ‘‘(3) WAIVER AUTHORITY.—The head of an ex9 ecutive agency may waive the limitation in para10 graph (1) with respect to the procurement of an 

11 item listed in that paragraph if the head of the 

12 agency determines that any of the following apply: 

13 ‘‘(A) Application of the limitation would 

14 increase the cost of the overall acquisition by 

15 more than 25 percent or cause unreasonable 

16 delays to be incurred. 

17 ‘‘(B) Satisfactory quality items manufac18 tured by a domestic entity are not available or 

19 domestic production of such items cannot be 

20 initiated without significantly delaying the 

21 project for which the item is to be acquired. 

22 ‘‘(C) Application of the limitation would 

23 result in the existence of only one domestic 

24 source for the item. 


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1 ‘‘(D) Application of the limitation is not in 

2 the national security interests of the United 

3 States. 

4 ‘‘(4) IMPLEMENTATION OF WAIVER AUTHOR5 ITY.— 

6 ‘‘(A) NON-DELEGATION OF AUTHORITY.— 

7 The head of an agency may not delegate the 

8 waiver authority under paragraph (3). 

9 ‘‘(B) PUBLICATION.—Not later than 30 

10 days after exercising the waiver authority under 

11 paragraph (3), the head of the agency shall 

12 publish in an easily identifiable location on the 

13 website of the agency information regarding the 

14 waiver, including a detailed justification for the 

15 waiver. 

16 ‘‘(5) ANNUAL REPORT.—Not later than 180 

17 days after the end of each fiscal year, the head of 

18 each executive agency that has used a waiver de19 scribed in this section in the fiscal year shall submit 

20 to the Committee on Homeland Security and Gov21 ernmental Affairs of the Senate and the Committee 

22 on Oversight and Government Reform of the House 

23 of Representatives a report on the total amount of 

24 waivers used and detailed information regarding and 

25 justification for the waiver. 


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1 ‘‘(b) COMPONENTS CONTAINING SPECIALTY MET2 ALS.— 

3 ‘‘(1) LIMITATION ON PROCUREMENTS.—The 

4 head of an executive agency may not enter into a 

5 contract for the procurement of end items or compo6 nents for ships that contain a specialty metal not 

7 melted or produced in the United States. 

8 ‘‘(2) AVAILABILITY EXCEPTION.— 

9 ‘‘(A) IN GENERAL.—Paragraph (1) does 

10 not apply to the extent that the head of an ex11 ecutive agency determines that compliant spe12 cialty metal of satisfactory quality and suffi13 cient quantity, and in the required form, cannot 

14 be procured as and when needed. For purposes 

15 of the preceding sentence, the term ‘compliant 

16 specialty metal’ means specialty metal melted or 

17 produced in the United States. 

18 ‘‘(B) APPLICABILITY.—This paragraph ap19 plies to prime contracts and subcontracts at 

20 any tier under such contracts. 

21 ‘‘(3) EXCEPTION FOR CERTAIN ACQUISI22 TIONS.—Paragraph (1) does not apply to the fol23 lowing: 


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1 ‘‘(A) Acquisitions outside the United 

2 States in support of combat operations or in 

3 support of contingency operations. 

4 ‘‘(B) Acquisitions for which the use of pro5 cedures other than competitive procedures has 

6 been approved on the basis of section 3304(c) 

7 of this title, relating to unusual and compelling 

8 urgency of need. 

9 ‘‘(4) EXCEPTION RELATING TO AGREEMENTS

10 WITH FOREIGN GOVERNMENTS.—Paragraph (1) does 

11 not preclude the acquisition of a specialty metal if— 

12 ‘‘(A) the acquisition is necessary— 

13 ‘‘(i) to comply with agreements with 

14 foreign governments requiring the United 

15 States to purchase supplies from foreign 

16 sources for the purposes of offsetting sales 

17 made by the United States Government or 

18 United States firms under approved pro19 grams serving defense requirements; or 

20 ‘‘(ii) in furtherance of agreements 

21 with foreign governments in which both 

22 such governments agree to remove barriers 

23 to purchases of supplies produced in the 

24 other country or services performed by 

25 sources of the other country; and 


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1 ‘‘(B) any such agreement with a foreign 

2 government complies, where applicable, with the 

3 requirements of section 36 of the Arms Export 

4 Control Act (22 U.S.C. 2776) and with section 

5 2457 of title 10. 

6 ‘‘(5) EXCEPTION FOR SMALL PURCHASES.— 

7 Paragraph (1) does not apply to acquisitions in 

8 amounts not greater than the simplified acquisition 

9 threshold referred to in section 134 of this title. 

10 ‘‘(6) EXCEPTION FOR PURCHASES OF ELEC11 TRONIC COMPONENTS.—Paragraph (1) does not 

12 apply to acquisitions of electronic components, un13 less the head of the agency, with the concurrence of 

14 the Secretary of Defense and upon the recommenda15 tion of the Strategic Materials Protection Board 

16 pursuant to section 187 of title 10, determines that 

17 the domestic availability of a particular electronic 

18 component is critical to national security. 

19 ‘‘(7) APPLICABILITY TO ACQUISITIONS OF COM20 MERCIAL ITEMS.— 

21 ‘‘(A) IN GENERAL.—Except as provided in 

22 subparagraphs (B) and (C), this section applies 

23 to acquisitions of commercial items, notwith24 standing sections 1906 and 1907 of this title. 


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1 ‘‘(B) EXCEPTIONS.—This section does not 

2 apply to contracts or subcontracts for the ac3 quisition of commercially available off-the-shelf 

4 items, as defined in section 104 of this title, 

5 other than— 

6 ‘‘(i) contracts or subcontracts for the 

7 acquisition of specialty metals, including 

8 mill products, such as bar, billet, slab, 

9 wire, plate and sheet, that have not been 

10 incorporated into end items, subsystems, 

11 assemblies, or components; 

12 ‘‘(ii) contracts or subcontracts for the 

13 acquisition of forgings or castings of spe14 cialty metals, unless such forgings or cast15 ings are incorporated into commercially 

16 available off-the-shelf end items, sub17 systems, or assemblies; 

18 ‘‘(iii) contracts or subcontracts for 

19 commercially available high performance 

20 magnets unless such high performance 

21 magnets are incorporated into commer22 cially available off-the-shelf end items or 

23 subsystems; and 


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1 ‘‘(iv) contracts or subcontracts for 

2 commercially available off-the-shelf fas3 teners, unless such fasteners are— 

4 ‘‘(I) incorporated into commer5 cially available off-the-shelf end items, 

6 subsystems, assemblies, or compo7 nents; or 

8 ‘‘(II) purchased as provided in 

9 subparagraph (C). 

10 ‘‘(C) INAPPLICABILITY TO CERTAIN FAS11 TENERS.—This subsection does not apply to 

12 fasteners that are commercial items that are 

13 purchased under a contract or subcontract with 

14 a manufacturer of such fasteners, if the manu15 facturer has certified that it will purchase, dur16 ing the relevant calendar year, an amount of 

17 domestically melted specialty metal, in the re18 quired form, for use in the production of such 

19 fasteners for sale to executive agencies and 

20 other customers, that is not less than 50 per21 cent of the total amount of the specialty metal 

22 that it will purchase to carry out the production 

23 of such fasteners. 

24 ‘‘(8) EXCEPTIONS FOR PURCHASES OF SPE25 CIALTY METALS BELOW MINIMUM THRESHOLD.— 


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1 ‘‘(A) IN GENERAL.—Notwithstanding para2 graph (1), the head of an executive agency may 

3 accept delivery of an item containing specialty 

4 metals that were not melted in the United 

5 States if the total amount of noncompliant spe6 cialty metals in the item does not exceed 2 per7 cent of the total weight of specialty metals in 

8 the item. 

9 ‘‘(B) EXCEPTION.—This paragraph does 

10 not apply to high performance magnets. 

11 ‘‘(9) STREAMLINED COMPLIANCE FOR COMMER12 CIAL DERIVATIVE MILITARY ARTICLES.— 

13 ‘‘(A) IN GENERAL.—Paragraph (1) shall 

14 not apply to an item acquired under a prime 

15 contract if the head of an executive agency de16 termines that— 

17 ‘‘(i) the item is a commercial deriva18 tive military article; and 

19 ‘‘(ii) the contractor certifies that the 

20 contractor and its subcontractors have en21 tered into a contractual agreement, or 

22 agreements, to purchase an amount of do23 mestically melted specialty metal in the re24 quired form, for use during the period of 

25 contract performance in the production of 


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1 the commercial derivative military article 

2 and the related commercial article, that is 

3 not less than the greater of— 

4 ‘‘(I) an amount equivalent to 120 

5 percent of the amount of specialty 

6 metal that is required to carry out the 

7 production of the commercial deriva8 tive military article (including the 

9 work performed under each sub10 contract); or 

11 ‘‘(II) an amount equivalent to 50 

12 percent of the amount of specialty 

13 metal that is purchased by the con14 tractor and its subcontractors for use 

15 during such period in the production 

16 of the commercial derivative military 

17 article and the related commercial ar18 ticle. 

19 ‘‘(B) DETERMINATION OF AMOUNT OF

20 SPECIALTY METAL REQUIRED.—For the pur21 poses of this paragraph, the amount of specialty 

22 metal that is required to carry out the produc23 tion of the commercial derivative military article 

24 includes specialty metal contained in any item, 

25 including commercially available off-the-shelf 


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1 items, incorporated into such commercial deriv2 ative military article. 

3 ‘‘(10) NATIONAL SECURITY WAIVER.— 

4 ‘‘(A) IN GENERAL.—Notwithstanding para5 graph (1), the head of an executive agency may 

6 accept the delivery of an end item containing 

7 noncompliant materials if the head of the exec8 utive agency determines in writing that accept9 ance of such end item is necessary to the na10 tional security interests of the United States. 

11 ‘‘(B) REQUIREMENTS.—A written deter12 mination under subparagraph (A)— 

13 ‘‘(i) shall specify the quantity of end 

14 items to which the waiver applies and the 

15 time period over which the waiver applies; 

16 and 

17 ‘‘(ii) shall be provided to Congress 

18 prior to making such a determination (ex19 cept that in the case of an urgent national 

20 security requirement, such certification 

21 may be provided to Congress up to 7 days 

22 after it is made). 

23 ‘‘(C) KNOWING OR WILLFUL NONCOMPLI24 ANCE.— 


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1 ‘‘(i) DETERMINATION.—In any case in 

2 which the head of an executive agency 

3 makes a determination under subpara4 graph (A), the head of the executive agen5 cy shall determine whether or not the non6 compliance was knowing and willful. 

7 ‘‘(ii) NOT KNOWING OR WILLFUL

8 NONCOMPLIANCE.—If the head of the exec9 utive agency determines that the non10 compliance was not knowing or willful, the 

11 head of the executive agency shall ensure 

12 that the contractor or subcontractor re13 sponsible for the noncompliance develops 

14 and implements an effective plan to ensure 

15 future compliance. 

16 ‘‘(iii) KNOWING OR WILLFUL NON17 COMPLIANCE.—If the head of the executive 

18 agency determines that the noncompliance 

19 was knowing or willful, the head of the ex20 ecutive agency shall— 

21 ‘‘(I) require the development and 

22 implementation of a plan to ensure fu23 ture compliance; and 

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1 tractor until such time as the con2 tractor or subcontractor has effec3 tively addressed the issues that lead to 

4 such noncompliance. 

5 ‘‘(11) SPECIALTY METAL DEFINED.—In this 

6 subsection, the term ‘specialty metal’ means any of 

7 the following: 

8 ‘‘(A) Steel— 

9 ‘‘(i) with a maximum alloy content ex10 ceeding one or more of the following limits: 

11 manganese, 1.65 percent; silicon, 0.60 per12 cent; or copper, 0.60 percent; or 

13 ‘‘(ii) containing more than 0.25 per14 cent of any of the following elements: alu15 minum, chromium, cobalt, columbium, mo16 lybdenum, nickel, titanium, tungsten, or 

17 vanadium. 

18 ‘‘(B) Metal alloys consisting of nickel, iron19 nickel, and cobalt base alloys containing a total 

20 of other alloying metals (except iron) in excess 

21 of 10 percent. 

22 ‘‘(C) Titanium and titanium alloys. 

23 ‘‘(D) Zirconium and zirconium base alloys. 

24 ‘‘(12) ADDITIONAL DEFINITIONS.—In this sub25 section: 


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1 ‘‘(A) The term ‘United States’ includes 

2 possessions of the United States. 

3 ‘‘(B) The term ‘component’ has the mean4 ing provided in section 105 of this title. 

5 ‘‘(C) The term ‘acquisition’ has the mean6 ing provided in section 131 of this title. 

7 ‘‘(D) The term ‘required form’— 

8 ‘‘(i) shall not apply to end items or to 

9 their components at any tier; and 

10 ‘‘(ii) means in the form of mill prod11 uct, such as bar, billet, wire, slab, plate or 

12 sheet, and in the grade appropriate for the 

13 production of— 

14 ‘‘(I) a finished end item delivered 

15 to the executive agency; or 

16 ‘‘(II) a finished component as17 sembled into an end item delivered to 

18 the executive agency. 

19 ‘‘(E) The term ‘commercially available off20 the-shelf’ has the meaning provided in section 

21 104 of this title. 

22 ‘‘(F) The term ‘assemblies’ means items 

23 forming a portion of a system or subsystem 

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1 ty and which incorporates multiple, replaceable 

2 parts. 

3 ‘‘(G) The term ‘commercial derivative mili4 tary article’ means an item procured by the De5 partment of Defense that is or will be produced 

6 using the same production facilities, a common 

7 supply chain, and the same or similar produc8 tion processes that are used for the production 

9 of articles predominantly used by the general 

10 public or by nongovernmental entities for pur11 poses other than governmental purposes. 

12 ‘‘(H) The term ‘subsystem’ means a func13 tional grouping of items that combine to per14 form a major function within an end item, such 

15 as electrical power, attitude control, and propul16 sion. 

17 ‘‘(I) The term ‘end item’ means the final 

18 production product when assembled or com19 pleted, and ready for issue, delivery, or deploy20 ment. 

21 ‘‘(J) The term ‘subcontract’ includes a 

22 subcontract at any tier. 

23 ‘‘(c) USE OF UNITED STATES STEEL, IRON, ALU24 MINUM, AND MANUFACTURED PRODUCTS.— 


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1 ‘‘(1) IN GENERAL.—The head of an executive 

2 agency may not enter into a contract related to the 

3 construction of a vessel unless the steel, iron, alu4 minum, and manufactured products to be used in 

5 the construction of the vessel are produced in the 

6 United States. 

7 ‘‘(2) EXCEPTIONS.—The provisions of para8 graph (1) shall not apply where the head of an exec9 utive agency finds— 

10 ‘‘(A) that their application would be incon11 sistent with the public interest; 

12 ‘‘(B) that such materials and products are 

13 not produced in the United States in sufficient 

14 and reasonably available quantities and of a 

15 satisfactory quality; or 

16 ‘‘(C) that inclusion of domestic material 

17 will increase the cost of the overall project con18 tract by more than 25 percent. 

19 ‘‘(3) IMPLEMENTATION OF EXCEPTIONS.— 

20 ‘‘(A) NON-DELEGATION OF AUTHORITY.— 

21 The head of an agency may not delegate the 

22 authority to make a finding described in para23 graph (2). 

24 ‘‘(B) PUBLICATION.—Not later than 30 

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1 graph (2), the head of the agency shall publish 

2 in an easily identifiable location on the website 

3 of the agency information regarding the finding, 

4 including a detailed justification for the excep5 tion. 

6 ‘‘(4) ANNUAL REPORT.—Not later than 180 

7 days after the end of each fiscal year, the head of 

8 each executive agency that has made an exception 

9 finding described in paragraph (2) in the fiscal year 

10 shall submit to the Committee on Homeland Secu11 rity and Governmental Affairs of the Senate and the 

12 Committee on Oversight and Government Reform of 

13 the House of Representatives a report on the total 

14 amount of exceptions used and detailed information 

15 regarding and justification for the exceptions. 

16 ‘‘(5) CALCULATION OF COMPONENT COST.—For 

17 purposes of this subsection, in calculating compo18 nents’ costs, labor costs involved in final assembly 

19 shall not be included in the calculation. 

20 ‘‘(6) INTENTIONAL VIOLATIONS.—If it has been 

21 determined by a court or Federal agency that any 

22 person intentionally— 

23 ‘‘(A) affixed a label bearing a ‘Made in 

24 America’ inscription, or any inscription with the 

25 same meaning, to any product used in projects 


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1 to which this section applies, sold in or shipped 

2 to the United States that was not made in the 

3 United States; or 

4 ‘‘(B) represented that any product used in 

5 projects to which this section applies, sold in or 

6 shipped to the United States that was not pro7 duced in the United States, was produced in 

8 the United States; 

9 that person shall be debarred from contracting with 

10 the Federal Government for a period of not less 

11 than 5 years.’’. 

12 (b) CLERICAL AMENDMENT.—The table of sections 

13 at the beginning of such chapter is amended by adding 

14 after the item relating to section 4712 the following new 

15 item: 

‘‘4713. Domestic sourcing requirement for shipboard components.’’. 

16 SEC. 4. CONFORMING AMENDMENTS RELATED TO DEPART17 MENT OF DEFENSE PROVISIONS. 

18 (a) USE OF UNITED STATES STEEL, IRON, ALU19 MINUM, AND MANUFACTURED PRODUCTS.— 

20 (1) IN GENERAL.—Chapter 137 of title 10, 

21 United States Code, is amended by adding at the 

22 end the following new section: 


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1 ‘‘§ 2339a. Use of United States steel, iron, aluminum, 

2 and manufactured products in ship3 building 

4 ‘‘(a) IN GENERAL.—The head of an agency may not 

5 enter into a contract related to the construction of a vessel 

6 unless the steel, iron, aluminum, and manufactured prod7 ucts to be used in the construction of the vessel are pro8 duced in the United States. 

9 ‘‘(b) EXCEPTIONS.—The provisions of subsection (a) 

10 shall not apply where the head of the agency finds— 

11 ‘‘(1) that their application would be inconsistent 

12 with the public interest; 

13 ‘‘(2) that such materials and products are not 

14 produced in the United States in sufficient and rea15 sonably available quantities and of a satisfactory 

16 quality; or 

17 ‘‘(3) that inclusion of domestic material will in18 crease the cost of the overall project contract by 

19 more than 25 percent. 

20 ‘‘(c) IMPLEMENTATION OF EXCEPTIONS.— 

21 ‘‘(1) NON-DELEGATION OF AUTHORITY.—The 

22 head of an agency may not delegate the authority to 

23 make a finding described in subsection (b). 

24 ‘‘(2) PUBLICATION.—Not later than 30 days 

25 after making a finding described in subsection (b), 

26 the head of the agency shall publish in an easily 


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1 identifiable location on the website of the agency in2 formation regarding the finding, including a detailed 

3 justification for the exception. 

4 ‘‘(d) ANNUAL REPORT.—Not later than 180 days 

5 after the end of each fiscal year, the head of each executive 

6 agency that has made an exception finding described in 

7 subsection (b) in the fiscal year shall submit to the Com8 mittees on Armed Services of the Senate and the House 

9 of Representatives a report on the total amount of excep10 tions used and detailed information regarding and jus11 tification for the exceptions. 

12 ‘‘(e) CALCULATION OF COMPONENT COST.—For pur13 poses of this section, in calculating components’ costs, 

14 labor costs involved in final assembly shall not be included 

15 in the calculation. 

16 ‘‘(f) INTENTIONAL VIOLATIONS.—If it has been de17 termined by a court or Federal agency that any person 

18 intentionally— 

19 ‘‘(1) affixed a label bearing a ‘Made in Amer20 ica’ inscription, or any inscription with the same 

21 meaning, to any product used in projects to which 

22 this section applies, sold in or shipped to the United 

23 States that was not made in the United States; or 

24 ‘‘(2) represented that any product used in 

25 projects to which this section applies, sold in or 


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1 shipped to the United States that was not produced 

2 in the United States, was produced in the United 

3 States; 

4 that person shall be debarred from contracting with the 

5 Federal Government for a period of not less than 5 

6 years.’’. 

7 (2) CLERICAL AMENDMENT.—The table of sec8 tions at the beginning of such chapter is amended 

9 by adding after the item relating to section 2339 the 

10 following new item: 

‘‘2339a. Use of United States steel, iron, aluminum, and manufactured products 

in shipbuilding.’’. 

11 (b) MISCELLANEOUS LIMITATIONS ON THE PRO12 CUREMENT OF GOODS OTHER THAN UNITED STATES

13 GOODS.— 

14 (1) IN GENERAL.—Section 2534(a)(3)(A) of 

15 title 10, United States Code, is amended by adding 

16 at the end the following new clauses: 

17 ‘‘(iv) Auxiliary equipment, including 

18 pumps, for all shipboard services. 

19 ‘‘(v) Propulsion system components (en20 gines, reduction gears, and propellers). 

21 ‘‘(vi) Shipboard cranes. 

22 ‘‘(vii) Spreaders for shipboard cranes. 

23 ‘‘(viii) Capstans. 

24 ‘‘(ix) Winches. 


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1 ‘‘(x) Hoists. 

2 ‘‘(xi) Outboard motors. 

3 ‘‘(xii) Windlasses.’’. 

4 (2) APPLICABILITY OF PREVIOUSLY SUNSETTED

5 PROVISIONS.—Subsection (c)(2)(C) of section 2534 

6 of title 10, United States Code, is amended by strik7 ing ‘‘shall cease to be effective on October 1, 2005’’ 

8 and inserting ‘‘shall be in effect during— 

9 ‘‘(i) the period beginning on the date of 

10 the enactment of this paragraph and ending on 

11 October 1, 1996; and 

12 ‘‘(ii) the period beginning on the date of 

13 the enactment of the Made in America Ship14 building Act of 2018.’’. 

15 SEC. 5. APPLICABILITY. 

16 The requirements under this Act and the amend17 ments made by this Act— 

18 (1) apply to contracts entered into on or after 

19 the date of the enactment of this Act; and 

20 (2) do not apply to— 

21 (A) contracts entered into before the date 

22 of the enactment of this Act; or 

23 (B) options included as part of such con24 tracts as of such date of enactment. 

Æ 


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