[Congressional Record Volume 167, Number 190 (Thursday, October 28, 2021)]
[Senate]
[Pages S7509-S7512]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4035. 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 title VIII, add the following:

          Subtitle F--Made in America Shipbuilding Act of 2021

     SEC. 861. SHORT TITLE.

       This subtitle may be cited as the ``Made in America 
     Shipbuilding Act of 2021''.

     SEC. 862. DOMESTIC SHIPBUILDING REQUIREMENT.

       (a) In General.--The head of an executive agency may not 
     enter into a contract related to the acquisition, 
     construction, or conversion of a vessel unless the vessel is 
     to be constructed or converted in the United States.
       (b) Executive Agency Defined.--In this section, the term 
     ``executive agency'' has the meaning given the term in 
     section 133 of title 41, United States Code.

     SEC. 863. DOMESTIC SOURCING REQUIREMENT FOR SHIPBOARD 
                   COMPONENTS.

       (a) In General.--Chapter 47 of title 41, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 4715. Domestic sourcing requirement for shipboard 
       components

       ``(a) Requirement for United States Manufacture.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may procure any of the following components for 
     vessels only if the items are manufactured in the United 
     States:
       ``(A) In general.--The following components for vessels:
       ``(i) Air circuit breakers.
       ``(ii) Welded shipboard anchor and mooring chain with a 
     diameter of four inches or less.
       ``(iii) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(iv) Propulsion system components, including main 
     propulsion engines, hybrid drive systems, propulsion 
     shafting, engine crankshafts, reduction gears, and 
     propellers.
       ``(v) Shipboard cranes.
       ``(vi) Spreaders for shipboard cranes.
       ``(vii) Power Distribution equipment, Energy Store Systems, 
     energy storage/magazine equipment.
       ``(viii) Auxiliary propulsion units and systems, including 
     bow and tunnel thrusters, waterjets, dynamic positioning 
     systems, and hybrid propulsion systems.
       ``(ix) Ship service and emergency power generation 
     equipment (prime movers and generators).
       ``(x) Military Qualified Wire and Cable and derived 
     products.
       ``(xi) Specialized Valves for pneumatic, fuel, 
     firefighting, countermeasure wash down, and chilled water 
     systems.
       ``(xii) Low voltage (LV) and high voltage (HV) switchgear.
       ``(xiii) Power converters.
       ``(xiv) Power inverters.
       ``(xv) Frequency converters.
       ``(xvi) Aircraft Electrical Starting Stations (AESS).
       ``(xvii) Degaussing systems.
       ``(xviii) Static Automatic Bus Transfer Switches (SABTs).
       ``(xix) Inertial navigation systems and gyrocompass.
       ``(xx) Capstans.
       ``(xxi) Winches.
       ``(xxii) Hoists.

[[Page S7510]]

       ``(xxiii) Outboard motors.
       ``(xxiv) Windlasses.
       ``(B) Other components.--The following components of 
     vessels, to the extent they are unique to marine 
     applications: gyrocompasses, electronic navigation chart 
     systems, steering controls, pumps, propulsion and machinery 
     control systems, and totally enclosed lifeboats.
       ``(C) Valves and machine tools.--Items in the following 
     categories:
       ``(i) Powered and non-powered valves in Federal Supply 
     Classes 4810 and 4820 used in piping for naval surface ships 
     and submarines.
       ``(ii) Machine tools in the Federal Supply Classes for 
     metal-working machinery numbered 3405, 3408, 3410 through 
     3419, 3426, 3433, 3438, 3441 through 3443, 3445, 3446, 3448, 
     3449, 3460, and 3461.
       ``(2) Applicability to certain items.--Paragraph (1) does 
     not apply to a procurement of spare or repair parts needed to 
     support components for vessels produced or manufactured 
     outside the United States.
       ``(3) Waiver authority.--The head of an executive agency 
     may waive the limitation in paragraph (1) with respect to the 
     procurement of an item listed in that paragraph if the head 
     of the agency determines that any of the following apply:
       ``(A) Application of the limitation would increase the cost 
     of the overall acquisition by more than 25 percent or cause 
     unreasonable delays to be incurred.
       ``(B) Satisfactory quality items manufactured by a domestic 
     entity are not available or domestic production of such items 
     cannot be initiated without significantly delaying the 
     project for which the item is to be acquired.
       ``(C) Application of the limitation would result in the 
     existence of only one domestic source for the item.
       ``(D) Application of the limitation is not in the national 
     security interests of the United States.
       ``(4) Implementation of waiver authority.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the waiver authority under paragraph (3).
       ``(B) Publication.--Not later than 30 days after exercising 
     the waiver authority under paragraph (3), the head of the 
     agency shall publish in an easily identifiable location on 
     the website of the agency information regarding the waiver, 
     including a detailed justification for the waiver.
       ``(5) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has used a waiver described in this section in the fiscal 
     year shall submit to the Committee on Homeland Security and 
     Governmental Affairs of the Senate and the Committee on 
     Oversight and Reform of the House of Representatives a report 
     on the total amount of waivers used and detailed information 
     regarding and justification for the waiver.
       ``(b) Components Containing Specialty Metals.--
       ``(1) Limitation on procurements.--The head of an executive 
     agency may not enter into a contract for the procurement of 
     end items or components for ships that contain a specialty 
     metal not melted or produced in the United States.
       ``(2) Availability exception.--
       ``(A) In general.--Paragraph (1) does not apply to the 
     extent that the head of an executive agency determines that 
     compliant specialty metal of satisfactory quality and 
     sufficient quantity, and in the required form, cannot be 
     procured as and when needed. For purposes of the preceding 
     sentence, the term `compliant specialty metal' means 
     specialty metal melted or produced in the United States.
       ``(B) Applicability.--This paragraph applies to prime 
     contracts and subcontracts at any tier under such contracts.
       ``(3) Exception for certain acquisitions.--Paragraph (1) 
     does not apply to the following:
       ``(A) Acquisitions outside the United States in support of 
     combat operations or in support of contingency operations.
       ``(B) Acquisitions for which the use of procedures other 
     than competitive procedures has been approved on the basis of 
     section 3304(c) of this title, relating to unusual and 
     compelling urgency of need.
       ``(4) Exception relating to agreements with foreign 
     governments.--Paragraph (1) does not preclude the acquisition 
     of a specialty metal if--
       ``(A) the acquisition is necessary--
       ``(i) to comply with agreements with foreign governments 
     requiring the United States to purchase supplies from foreign 
     sources for the purposes of offsetting sales made by the 
     United States Government or United States firms under 
     approved programs serving defense requirements; or
       ``(ii) in furtherance of agreements with foreign 
     governments in which both such governments agree to remove 
     barriers to purchases of supplies produced in the other 
     country or services performed by sources of the other 
     country; and
       ``(B) any such agreement with a foreign government 
     complies, where applicable, with the requirements of section 
     36 of the Arms Export Control Act (22 U.S.C. 2776) and with 
     section 2457 of title 10.
       ``(5) Exception for small purchases.--Paragraph (1) does 
     not apply to acquisitions in amounts not greater than the 
     simplified acquisition threshold referred to in section 134 
     of this title.
       ``(6) Exception for purchases of electronic components.--
     Paragraph (1) does not apply to acquisitions of electronic 
     components, unless the head of the agency, with the 
     concurrence of the Secretary of Defense and upon the 
     recommendation of the Strategic Materials Protection Board 
     pursuant to section 187 of title 10, determines that the 
     domestic availability of a particular electronic component is 
     critical to national security.
       ``(7) Applicability to acquisitions of commercial items.--
       ``(A) In general.--Except as provided in subparagraphs (B) 
     and (C), this section applies to acquisitions of commercial 
     items, notwithstanding sections 1906 and 1907 of this title.
       ``(B) Exceptions.--This section does not apply to contracts 
     or subcontracts for the acquisition of commercially available 
     off-the-shelf items, as defined in section 104 of this title, 
     other than--
       ``(i) contracts or subcontracts for the acquisition of 
     specialty metals, including mill products, such as bar, 
     billet, slab, wire, plate and sheet, that have not been 
     incorporated into end items, subsystems, assemblies, or 
     components;
       ``(ii) contracts or subcontracts for the acquisition of 
     forgings or castings of specialty metals, unless such 
     forgings or castings are incorporated into commercially 
     available off-the-shelf end items, subsystems, or assemblies;
       ``(iii) contracts or subcontracts for commercially 
     available high performance magnets unless such high 
     performance magnets are incorporated into commercially 
     available off-the-shelf end items or subsystems; and
       ``(iv) contracts or subcontracts for commercially available 
     off-the-shelf fasteners, unless such fasteners are--

       ``(I) incorporated into commercially available off-the-
     shelf end items, subsystems, assemblies, or components; or
       ``(II) purchased as provided in subparagraph (C).

       ``(C) Inapplicability to certain fasteners.--This 
     subsection does not apply to fasteners that are commercial 
     items that are purchased under a contract or subcontract with 
     a manufacturer of such fasteners, if the manufacturer has 
     certified that it will purchase, during the relevant calendar 
     year, an amount of domestically melted specialty metal, in 
     the required form, for use in the production of such 
     fasteners for sale to executive agencies and other customers, 
     that is not less than 50 percent of the total amount of the 
     specialty metal that it will purchase to carry out the 
     production of such fasteners.
       ``(8) Exceptions for purchases of specialty metals below 
     minimum threshold.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept delivery of an item 
     containing specialty metals that were not melted in the 
     United States if the total amount of noncompliant specialty 
     metals in the item does not exceed 2 percent of the total 
     weight of specialty metals in the item.
       ``(B) Exception.--This paragraph does not apply to high 
     performance magnets.
       ``(9) Streamlined compliance for commercial derivative 
     military articles.--
       ``(A) In general.--Paragraph (1) shall not apply to an item 
     acquired under a prime contract if the head of an executive 
     agency determines that--
       ``(i) the item is a commercial derivative military article; 
     and
       ``(ii) the contractor certifies that the contractor and its 
     subcontractors have entered into a contractual agreement, or 
     agreements, to purchase an amount of domestically melted 
     specialty metal in the required form, for use during the 
     period of contract performance in the production of the 
     commercial derivative military article and the related 
     commercial article, that is not less than the greater of--

       ``(I) an amount equivalent to 120 percent of the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article (including the 
     work performed under each subcontract); or
       ``(II) an amount equivalent to 50 percent of the amount of 
     specialty metal that is purchased by the contractor and its 
     subcontractors for use during such period in the production 
     of the commercial derivative military article and the related 
     commercial article.

       ``(B) Determination of amount of specialty metal 
     required.--For the purposes of this paragraph, the amount of 
     specialty metal that is required to carry out the production 
     of the commercial derivative military article includes 
     specialty metal contained in any item, including commercially 
     available off-the-shelf items, incorporated into such 
     commercial derivative military article.
       ``(10) National security waiver.--
       ``(A) In general.--Notwithstanding paragraph (1), the head 
     of an executive agency may accept the delivery of an end item 
     containing noncompliant materials if the head of the 
     executive agency determines in writing that acceptance of 
     such end item is necessary to the national security interests 
     of the United States.
       ``(B) Requirements.--A written determination under 
     subparagraph (A)--
       ``(i) shall specify the quantity of end items to which the 
     waiver applies and the time period over which the waiver 
     applies; and
       ``(ii) shall be provided to Congress prior to making such a 
     determination (except that in

[[Page S7511]]

     the case of an urgent national security requirement, such 
     certification may be provided to Congress up to 7 days after 
     it is made).
       ``(C) Knowing or willful noncompliance.--
       ``(i) Determination.--In any case in which the head of an 
     executive agency makes a determination under subparagraph 
     (A), the head of the executive agency shall determine whether 
     or not the noncompliance was knowing and willful.
       ``(ii) Not knowing or willful noncompliance.--If the head 
     of the executive agency determines that the noncompliance was 
     not knowing or willful, the head of the executive agency 
     shall ensure that the contractor or subcontractor responsible 
     for the noncompliance develops and implements an effective 
     plan to ensure future compliance.
       ``(iii) Knowing or willful noncompliance.--If the head of 
     the executive agency determines that the noncompliance was 
     knowing or willful, the head of the executive agency shall--

       ``(I) require the development and implementation of a plan 
     to ensure future compliance; and
       ``(II) consider suspending or debarring the contractor or 
     subcontractor until such time as the contractor or 
     subcontractor has effectively addressed the issues that lead 
     to such noncompliance.

       ``(11) Specialty metal defined.--In this subsection, the 
     term `specialty metal' means any of the following:
       ``(A) Steel--
       ``(i) with a maximum alloy content exceeding one or more of 
     the following limits: manganese, 1.65 percent; silicon, 0.60 
     percent; or copper, 0.60 percent; or
       ``(ii) containing more than 0.25 percent of any of the 
     following elements: aluminum, chromium, cobalt, columbium, 
     molybdenum, nickel, titanium, tungsten, or vanadium.
       ``(B) Metal alloys consisting of nickel, iron-nickel, and 
     cobalt base alloys containing a total of other alloying 
     metals (except iron) in excess of 10 percent.
       ``(C) Titanium and titanium alloys.
       ``(D) Zirconium and zirconium base alloys.
       ``(12) Additional definitions.--In this subsection:
       ``(A) The term `United States' includes possessions of the 
     United States.
       ``(B) The term `component' has the meaning provided in 
     section 105 of this title.
       ``(C) The term `acquisition' has the meaning provided in 
     section 131 of this title.
       ``(D) The term `required form'--
       ``(i) shall not apply to end items or to their components 
     at any tier; and
       ``(ii) means in the form of mill product, such as bar, 
     billet, wire, slab, plate or sheet, and in the grade 
     appropriate for the production of--

       ``(I) a finished end item delivered to the executive 
     agency; or
       ``(II) a finished component assembled into an end item 
     delivered to the executive agency.

       ``(E) The term `commercially available off-the-shelf' has 
     the meaning provided in section 104 of this title.
       ``(F) The term `assemblies' means items forming a portion 
     of a system or subsystem that can be provisioned and replaced 
     as an entity and which incorporates multiple, replaceable 
     parts.
       ``(G) The term `commercial derivative military article' 
     means an item procured by the Department of Defense that is 
     or will be produced using the same production facilities, a 
     common supply chain, and the same or similar production 
     processes that are used for the production of articles 
     predominantly used by the general public or by 
     nongovernmental entities for purposes other than governmental 
     purposes.
       ``(H) The term `subsystem' means a functional grouping of 
     items that combine to perform a major function within an end 
     item, such as electrical power, attitude control, and 
     propulsion.
       ``(I) The term `end item' means the final production 
     product when assembled or completed, and ready for issue, 
     delivery, or deployment.
       ``(J) The term `subcontract' includes a subcontract at any 
     tier.
       ``(c) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       ``(1) In general.--The head of an executive agency may not 
     enter into a contract related to the construction of a vessel 
     unless the steel, iron, aluminum, and manufactured products 
     to be used in the construction of the vessel are produced in 
     the United States.
       ``(2) Exceptions.--The provisions of paragraph (1) shall 
     not apply where the head of an executive agency finds--
       ``(A) that their application would be inconsistent with the 
     public interest;
       ``(B) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(C) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(3) Implementation of exceptions.--
       ``(A) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     paragraph (2).
       ``(B) Publication.--Not later than 30 days after making a 
     finding described in paragraph (2), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding the finding, 
     including a detailed justification for the exception.
       ``(4) Annual report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in paragraph (2) in 
     the fiscal year shall submit to the Committee on Homeland 
     Security and Governmental Affairs of the Senate and the 
     Committee on Oversight and Reform of the House of 
     Representatives a report on the total amount of exceptions 
     used and detailed information regarding and justification for 
     the exceptions.
       ``(5) Calculation of component cost.--For purposes of this 
     subsection, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(6) Intentional violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(A) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(B) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States,
     that person shall be debarred from contracting with the 
     Federal Government for a period of not less than 5 years.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 4714 the following new item:

``4715. Domestic sourcing requirement for shipboard components.''.

     SEC. 864. CONFORMING AMENDMENTS RELATED TO DEPARTMENT OF 
                   DEFENSE PROVISIONS.

       (a) Use of United States Steel, Iron, Aluminum, and 
     Manufactured Products.--
       (1) In general.--Chapter 137 of title 10, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2339d. Use of United States steel, iron, aluminum, and 
       manufactured products in shipbuilding

       ``(a) In General.--The head of an agency may not enter into 
     a contract related to the construction of a vessel unless the 
     steel, iron, aluminum, and manufactured products to be used 
     in the construction of the vessel are produced in the United 
     States.
       ``(b) Exceptions.--The provisions of subsection (a) shall 
     not apply where the head of the agency finds--
       ``(1) that their application would be inconsistent with the 
     public interest;
       ``(2) that such materials and products are not produced in 
     the United States in sufficient and reasonably available 
     quantities and of a satisfactory quality; or
       ``(3) that inclusion of domestic material will increase the 
     cost of the overall project contract by more than 25 percent.
       ``(c) Implementation of Exceptions.--
       ``(1) Non-delegation of authority.--The head of an agency 
     may not delegate the authority to make a finding described in 
     subsection (b).
       ``(2) Publication.--Not later than 30 days after making a 
     finding described in subsection (b), the head of the agency 
     shall publish in an easily identifiable location on the 
     website of the agency information regarding the finding, 
     including a detailed justification for the exception.
       ``(d) Annual Report.--Not later than 180 days after the end 
     of each fiscal year, the head of each executive agency that 
     has made an exception finding described in subsection (b) in 
     the fiscal year shall submit to the Committees on Armed 
     Services of the Senate and the House of Representatives a 
     report on the total amount of exceptions used and detailed 
     information regarding and justification for the exceptions.
       ``(e) Calculation of Component Cost.--For purposes of this 
     section, in calculating components' costs, labor costs 
     involved in final assembly shall not be included in the 
     calculation.
       ``(f) Intentional Violations.--If it has been determined by 
     a court or Federal agency that any person intentionally--
       ``(1) affixed a label bearing a `Made in America' 
     inscription, or any inscription with the same meaning, to any 
     product used in projects to which this section applies, sold 
     in or shipped to the United States that was not made in the 
     United States; or
       ``(2) represented that any product used in projects to 
     which this section applies, sold in or shipped to the United 
     States that was not produced in the United States, was 
     produced in the United States, that person shall be debarred 
     from contracting with the Federal Government for a period of 
     not less than 5 years.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding after the item 
     relating to section 2339c the following new item:

``2339d. Use of United States steel, iron, aluminum, and manufactured 
              products in shipbuilding.''.
       (3) Future transfer.--
       (A) Transfer and redesignation.--Section 2339d of title 10, 
     United States Code, as added by paragraph (1), is transferred 
     to subchapter II of chapter 385 of such title, added after 
     section 4864, as transferred and redesignated by section 
     1870(c)(2) of the William M.

[[Page S7512]]

     (Mac) Thornberry National Defense Authorization Act for 
     Fiscal Year 2021 (Public Law 116-283), and redesignated as 
     section 4865.
       (B) Clerical amendments.--
       (i) Target chapter table of sections.--The table of 
     sections at the beginning of subchapter II of chapter 385 of 
     title 10, United States Code, as added by section 1870(c)(2) 
     of the William M. (Mac) Thornberry National Defense 
     Authorization Act for Fiscal Year 2021 (Public Law 116-283), 
     is amended by inserting after the item related to section 
     4864 the following new item:

``4865. Use of United States steel, iron, aluminum, and manufactured 
              products in shipbuilding.''.
       (ii) Origin chapter table of sections.--The table of 
     sections at the beginning of chapter 137 of title 10, United 
     States Code, as amended by paragraph (1), is further amended 
     by striking the item relating to section 2339d.
       (D) Effective date.--The transfer, redesignation, and 
     amendments made by this paragraph shall take effect 
     immediately after title XVIII of the William M. (Mac) 
     Thornberry National Defense Authorization Act for Fiscal Year 
     2021 (Public Law 116-283) takes effect.
       (E) References; savings provision; rule of construction.--
     Sections 1883 through 1885 of the William M. (Mac) Thornberry 
     National Defense Authorization Act for Fiscal Year 2021 
     (Public Law 116-283) shall apply with respect to the 
     transfers, redesignations, and amendments made under this 
     subsection as if such transfers, redesignations, and 
     amendments were made under title XVIII of such Act.
       (b) Miscellaneous Limitations on the Procurement of Goods 
     Other Than United States Goods.--
       (1) In general.--Section 2534(a)(3)(A) of title 10, United 
     States Code, is amended by adding at the end the following 
     new clauses:
       ``(i) Air circuit breakers.
       ``(ii) Welded shipboard anchor and mooring chain with a 
     diameter of four inches or less.
       ``(iii) Auxiliary equipment, including pumps, for all 
     shipboard services.
       ``(iv) Propulsion system components, including main 
     propulsion engines, hybrid drive systems, propulsion 
     shafting, engine crankshafts, reduction gears, and 
     propellers.
       ``(v) Shipboard cranes.
       ``(vi) Spreaders for shipboard cranes.
       ``(vii) Power Distribution equipment, Energy Store Systems, 
     energy storage/magazine equipment.
       ``(viii) Auxiliary propulsion units and systems, including 
     bow and tunnel thrusters, waterjets, dynamic positioning 
     systems, and hybrid propulsion systems.
       ``(ix) Ship service and emergency power generation 
     equipment (prime movers and generators).
       ``(x) Military Qualified Wire and Cable and derived 
     products.
       ``(xi) Specialized Valves for pneumatic, fuel, 
     firefighting, countermeasure wash down, and chilled water 
     systems.
       ``(xii) Low voltage (LV) and high voltage (HV) switchgear.
       ``(xiii) Power converters.
       ``(xiv) Power inverters.
       ``(xv) Frequency converters.
       ``(xvi) Aircraft Electrical Starting Stations (AESS).
       ``(xvii) Degaussing systems.
       ``(xviii) Static Automatic Bus Transfer Switches (SABTs).
       ``(xix) Inertial navigation systems and gyrocompass.
       ``(xx) Capstans.
       ``(xxi) Winches.
       ``(xxii) Hoists.
       ``(xxiii) Outboard motors.
       ``(xxiv) Windlasses.''.
       (2) Applicability of previously sunsetted provisions.--
     Subsection (c)(2)(C) of section 2534 of title 10, United 
     States Code, is amended by striking ``shall cease to be 
     effective on October 1, 1996'' and inserting ``shall be in 
     effect during--
       ``(i) the period beginning on the date of the enactment of 
     this paragraph and ending on October 1, 1996; and
       ``(ii) the period beginning on the date of the enactment of 
     the Made in America Shipbuilding Act of 2021.''.

     SEC. 865. APPLICABILITY.

       The requirements under this subtitle and the amendments 
     made by this subtitle--
       (1) apply to contracts entered into on or after the date of 
     the enactment of this Act; and
       (2) do not apply to--
       (A) contracts entered into before the date of the enactment 
     of this Act; or
       (B) options included as part of such contracts as of such 
     date of enactment.
                                 ______