S.Amdt. 535

SA 535. Ms. DUCKWORTH (for herself, Mr. Kennedy, Mrs. Gillibrand, and
Ms. Baldwin) submitted an amendment intended to be proposed by her to
the bill S. 2226, to authorize appropriations for fiscal year 2024 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 appropriate place in title VIII, insert the
following:

SEC. __. 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 procurements 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
for products the Secretary deems critical, where such
information 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 to create a fallback threshold.--
(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 product are manufactured substantially all
from articles, materials, or supplies mined, produced, or
manufactured in the United States if--
(i) the application of 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--
(A) shall apply to contracts entered into on or after the
date of the enactment of this Act; and
(B) shall be applied in a manner consistent with the
obligations of the United States under any relevant
international agreement.
(c) Major Defense Acquisition Program Defined.--The term
``major defense acquisition program'' has the meaning given
the term in section 4201 of title 10, United States Code.
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