[Congressional Record Volume 172, Number 106 (Wednesday, June 24, 2026)]
[Senate]
[Page S3374]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6192. Ms. BALDWIN submitted an amendment intended to be proposed 
by her to the bill S. 4784, to authorize appropriations for fiscal year 
2027 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 E of title VIII, add the following:

     SEC. 885. RECIPROCAL DEFENSE PROCUREMENT AGREEMENTS.

       (a) Consultation Process.--
       (1) In general.--The Secretary of Defense shall, in 
     consultation with the Made in America Office, the Secretary 
     of State, the Secretary of Commerce, and the Office of the 
     United States Trade Representative, develop an interagency 
     process for the initiation and negotiation of new Reciprocal 
     Defense Procurement Agreements (in this section referred to 
     as ``Agreements'') and for the ongoing monitoring, 
     evaluation, and renewal of existing agreements. This process 
     shall be documented in written policies and procedures.
       (2) Elements.--The consultation process developed pursuant 
     to paragraph (1) shall include the following elements:
       (A)(i) Formal public and congressional notification shall 
     be provided at least 120 prior to the beginning of 
     negotiations with a foreign country regarding a prospective 
     Agreement (or upon the beginning of considering an existing 
     Agreement for renewal).
       (ii) The Secretary of Defense shall provide draft 
     negotiating text to the appropriate congressional committees 
     at least 30 days prior to entering into negotiations for a 
     prospective Agreement.
       (iii)(I) The Secretary of Defense shall issue a Federal 
     Registrar notice soliciting public comments at least 90 days 
     prior to beginning negotiations regarding a prospective 
     Agreement (or upon the beginning of considering an existing 
     Agreement for renewal).
       (II) The public comment period shall be open for at least 
     60 days and close not later than 30 days prior to beginning 
     negotiations with a foreign country.
       (III) The Secretary if Defense shall provide a briefing on 
     the public comments to the appropriate congressional 
     committees prior to beginning negotiations of a new Agreement 
     or extension of an existing Agreement.
       (B) Notification to the appropriate congressional 
     committees not later than 90 days before signing a new 
     Agreement and not later than 60 days before renewing an 
     existing Agreement.
       (C) The Secretary of Defense shall publish online the text 
     of a negotiated Agreement, whether new or renewal of an 
     existing Agreement, for at least 60 days prior to signing.
       (D) A process to solicit feedback from United States 
     companies that the Made in America Office and Bureau of 
     Industry and Security deem sufficient to meet industry needs.
       (E) A process to assess and monitor the effects of 
     Agreements, including those already in place, on United 
     States defense technology and the United States industrial 
     base, including the industrial workforce, with reports to 
     Congress every 5 years.
       (F) Guidance to offices with the Department of Commerce 
     that emphasize sound economic reasoning and rigorous 
     methodology to evaluate prospective and existing Agreements.
       (b) Termination of Automatic Extensions and Reevaluation of 
     Existing Agreements.--The Secretary of Defense shall 
     renegotiate existing Agreements to remove provisions that 
     automatically extend Agreements and shall ensure that all 
     existing Agreements terminate not less than two years after 
     the date of the enactment of this Act unless reextended.
       (c) Oversight of Application of Buy American Act Waivers 
     for Countries With Expired Agreements.--
       (1) In general.--The Secretary of Defense shall--
       (A) to the fullest extent possible, implement chapter 83 of 
     title 41, United States Code (commonly known as the ``Buy 
     American Act''), and all domestic preference laws with 
     respect to any financial award or contract of the Department 
     of Defense; and
       (B) shall not waive the Buy American Act for countries with 
     expired Agreements, including Italy.
       (2) Made in america office oversight.--The Made in America 
     Office shall take steps to ensure that the Department of 
     Defense is appropriately implementing the Buy American Act 
     and domestic preference laws, including with respect to 
     countries with expired Agreements.
       (d) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means--
       (1) the Committee on Armed Services, the Committee on 
     Commerce, Science, and Transportation, the Committee on 
     Foreign Relations, the Committee on Finance, and the 
     Committee on Appropriations of the Senate; and
       (2) the Committee on Armed Services, the Committee on 
     Energy and Commerce, the Committee on Foreign Affairs, the 
     Committee on Ways and Means, and the Committee on 
     Appropriations of the House of Representatives.
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