S.Amdt. 2836

SA 2836. Mr. PETERS submitted an amendment intended to be proposed to
amendment SA 2360 proposed by Mr. Thune (for Mr. Graham) to the bill
H.R. 1, to provide for reconciliation pursuant to title II of H. Con.
Res. 14; which was ordered to lie on the table; as follows:

On page 835, between lines 5 and 6, insert the following:

SEC. 90008. COMPLIANCE WITH THE BUY AMERICAN ACT.

(a) In General.--The amounts appropriated under this title
shall be expended in compliance with chapter 83 of title 41,
United States Code (commonly known as the ``Buy American
Act'') and the Build America, Buy America Act (subtitle A of
title IX of division G of Public Law 117-58; 41 U.S.C. 8301
note). In this title--
(1) the cost of domestic components shall equal or exceed
75 percent of the costs of all the components of an end
product (as defined in section 52.225-1 of the Federal
Acquisition Regulation); and
(2) the cost of domestic components shall equal or exceed
75 percent of the costs of all the components of the
construction material (as defined in section 52.225-9 of the
Federal Acquisition Regulation).
(b) Further Limitation.--Amounts appropriated under this
title shall not be paid to a covered foreign entity.
(c) Terms and Conditions.--Nothing in this section may be
construed to lower the percentage of domestic content mined,
produced, or manufactured in the United States under chapter
83 of title 41, United States Code (commonly known as the
``Buy American Act''), the Build America, Buy America Act, or
subparts 25.1 and 25.2 of the Federal Acquisition Regulation.
(d) Covered Foreign Entity Defined.--The term ``covered
foreign entity'' means any of the following:
(1) The Government of the People's Republic of China, the
Chinese Communist Party, the People's Liberation Army, the
Ministry of State Security, or other security service or
intelligence agency of the People's Republic of China.
(2) The Government of the Russian Federation or any entity
sanctioned by the Secretary of the Treasury under Executive
Order 13662, titled ``Blocking Property of Additional Persons
Contributing to the Situation in Ukraine'' (79 Fed. Reg.
16169).
(3) The Government of the Democratic People's Republic of
Korea.
(4) The Government of the Islamic Republic of Iran.
(5) The government of any country if the Secretary of State
determines that such government has repeatedly provided
support for acts of international terrorism pursuant to any
of the following:
(A) Section 1754(c)(1)(A) of the Export Control Reform Act
of 2018 (50 U.S.C. 4318(c)(1)(A)).
(B) Section 620A of the Foreign Assistance Act of 1961 (22
U.S.C. 2371).
(C) Section 40 of the Arms Export Control Act (22 U.S.C.
2780).
(D) Any other provision of law.
(6) Any entity included on any of the following lists
maintained by the Department of Commerce:
(A) The Entity List set forth in Supplement No. 4 to part
744 of the Export Administration Regulations.
(B) The Denied Persons List as described in section
764.3(a)(2) of the Export Administration Regulations.
(C) The Unverified List set forth in Supplement No. 6 to
part 744 of the Export Administration Regulations.
(D) The Military End User List set forth in Supplement No.
7 to part 744 of the Export Administration Regulations.
(7) Any entity identified by the Secretary of Defense
pursuant to section 1237(b) of the Strom Thurmond National
Defense Authorization Act for Fiscal Year 1999 (Public Law
105-261; 50 U.S.C. 1701 note).
(8) Any entity on the Non-SDN Chinese Military-Industrial
Complex Companies List (NS-CMIC List) maintained by the
Office of Foreign Assets Control of the Department of the
Treasury under Executive Order 14032 (86 Fed. Reg. 30145;
relating to addressing the threat from securities investments
that finance certain companies of the People's Republic of
China), or any successor order.
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