[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2487 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 2487
To provide for an enhanced domestic content requirement for Navy
shipbuilding programs.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 25, 2023
Ms. Baldwin introduced the following bill; which was read twice and
referred to the Committee on Armed Services
_______________________________________________________________________
A BILL
To provide for an enhanced domestic content requirement for Navy
shipbuilding programs.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. 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,
2026, and ending December 31, 2027, exceeds 65 percent
of the cost of the manufactured articles, materials, or
supplies;
(B) supplied during the period beginning January 1,
2028, and ending December 31, 2032, exceeds 75 percent
of the cost of the manufactured articles, materials, or
supplies; and
(C) supplied on or after January 1, 2033, 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 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,
2026.
(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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