[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7481-S7482]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  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.
                                 ______