S.Amdt. 3976

SA 3976. Ms. DUCKWORTH (for herself, Mrs. Gillibrand, and Ms.
Baldwin) submitted an amendment intended to be proposed to amendment SA
3867 submitted by Mr. Reed and intended to be proposed to the bill H.R.
4350, to authorize appropriations for fiscal year 2022 for military
activities of the Department of Defense, for military construction, and
for defense activities of the Department of Energy, to prescribe
military personnel strengths for such fiscal year, and for other
purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title VIII, add the following:

SEC. 838. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.

(a) Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the domestic source content of any procurement
carried out in connection with a major defense acquisition
program.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content
that can be used for continuous data analysis and program
management activities.
(b) Enhanced Domestic Content Requirement.--
(1) In general.--Except as provided in paragraph (2), for
purposes of chapter 83 of title 41, United States Code,
manufactured articles, materials, or supplies procured in
connection with a major defense acquisition program are
manufactured substantially all from articles, materials, or
supplies mined, produced, or manufactured in the United
States if the cost of such component articles, materials, or
supplies--
(A) supplied not later than the date of the enactment of
this Act, exceeds 60 percent of cost of the manufactured
articles, materials, or supplies procured;
(B) supplied during the period beginning January 1, 2024,
and ending December 31, 2028, exceeds 65 percent of the cost
of the manufactured articles, materials, or supplies; and
(C) supplied on or after January 1, 2029, exceeds 75
percent of the cost of the manufactured articles, materials,
or supplies.
(2) Exclusion for certain manufactured articles.--Paragraph
(1) shall not apply to manufactured articles that consist
wholly or predominantly of iron, steel, or a combination of
iron and steel.
(3) Rulemaking.--
(A) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
issue rules to determine the treatment of the lowest price
offered for a foreign end product for which 55 percent or
more of the component articles, materials, or supplies of
such foreign end

[[Page S7482]]

product are manufactured substantially all from articles,
materials, or supplies mined, produced, or manufactured in
the United States if--
(i) the application paragraph (1) results in an
unreasonable cost; or
(ii) no offers are submitted to supply manufactured
articles, materials, or supplies manufactured substantially
all from articles, materials, or supplies mined, produced, or
manufactured in the United States.
(B) Termination.--Rules issued under this paragraph shall
cease to have force or effect on January 1, 2030.
(4) Applicability.--The requirements of this subsection
shall apply to contracts entered into on or after the date of
the enactment of this Act.
(c) Major Defense Acquisition Program Defined.--The term
``major defense acquisition program'' has the meaning given
in section 2430 of title 10, United States Code.
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