[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5732-S5733]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6208. Ms. DUCKWORTH (for herself, Mr. Kennedy, Mrs. Gillibrand, 
and Ms. Baldwin) submitted an amendment intended to be proposed to 
amendment SA 5499 submitted by Mr. Reed (for himself and Mr. Inhofe) 
and intended to be proposed to the bill H.R. 7900, to authorize 
appropriations for fiscal year 2023 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. 848. 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,

[[Page S5733]]

     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.
                                 ______