[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4711-S4712]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 2376. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 4638, to authorize appropriations for fiscal year 
2025 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. 855. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR NAVY 
                   SHIPBUILDING PROGRAMS.

       (a) Enhanced Domestic Content Requirement.--
       (1) Contracting requirements.--Except as provided in 
     paragraph (2), for purposes of chapter 83 of title 41, United 
     States Code, manufactured articles, materials, or supplies 
     procured as part of a Navy shipbuilding 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 during the period beginning January 1, 2027, 
     and ending December 31, 2028, exceeds 65 percent of the cost 
     of the manufactured articles, materials, or supplies;
       (B) supplied during the period beginning January 1, 2029, 
     and ending December 31, 2033, exceeds 75 percent of the cost 
     of the manufactured articles, materials, or supplies; and
       (C) supplied on or after January 1, 2034, equals 100 
     percent of the cost of the manufactured articles, materials, 
     or supplies.
       (2) Applicability to research, development, test, and 
     evaluation activities.--Contracts related to shipbuilding 
     programs entered into under paragraph (1) to carry out 
     research, development, test, and evaluation activities shall 
     require that these activities and the components specified 
     during these activities must meet the domestic content 
     requirements delineated under paragraph (1).
       (3) 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.
       (4) Waiver.--The Secretary of Defense may request a waiver 
     from the requirements

[[Page S4712]]

     under paragraph (1) in order to expand sourcing to members of 
     the national technical industrial base (as that term is 
     defined in section 4801 of title 10, United States Code). Any 
     such waiver shall be subject to the approval of the Director 
     of the Made in America Office and may only be requested if it 
     is determined 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) It is inconsistent with the public interest.
       (5) Rulemaking.--Not later than 180 days after the date of 
     the enactment of this Act, the Secretary of Defense, in 
     concurrence with the Director of the Made in America Office, 
     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--
       (A) the application of paragraph (1) results in an 
     unreasonable cost; or
       (B) 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.
       (6) Applicability.--The requirements of this subsection 
     shall apply to contracts entered into on or after January 1, 
     2027.
       (b) Reporting on Country of Origin Manufacturing.--Not 
     later than one year after the date of the enactment of this 
     Act, and annually thereafter, the Secretary of Defense shall 
     submit to Congress a report on country of origin tracking and 
     reporting as it relates to manufactured content procured as 
     part of Navy shipbuilding programs, including through primary 
     contracts and subcontracts at the second and third tiers. The 
     report shall describe measures taken to ensure that the 
     country of origin information pertaining to such content is 
     reported accurately in terms of the location of manufacture 
     and not determined by the location of sale.
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