,,ii  #aafth ,,congress  #b;d ,session  
,s4 #dfhg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,september #bd1
 #bjbj ,ms4 ,baldwin introduced the     
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to expand domestic content  
requirements for certain shipboard      
components1 and for other purposes4  #a4
 ,short title ,this ,act may be cited as
 the ,made in ,america ,shipbuilding    
,act of #bjbj4  #b4 ,domestic           
shipbuilding requirement  7a7 ,in       
general ,the head of an executive agency
 may not enter into a contract related  
to the acquisition1 construction1 or    
conversion of a vessel unless the vessel
 is to be constructed or converted in   
the ,united ,states4  7b7 ,executive    
agency defined ,in this section1 the    
term executive agency has the meaning   
given the term in section #acc of title 
#da1 ,united ,states ,code4  #c4        
,domestic sourcing requirement for      

shipboard components  7a7 ,in general   
,chapter #dg of title #da1 ,united      
,states ,code1 is amended by adding at  
the end the following new section3      
#dgad4 ,domestic sourcing requirement   
for shipboard components  7a7           
,requirement for ,united ,states        
manufacture  7#a7 ,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        
,states3 7,a7 ,in general ,the following
 components for vessels3  7i7 ,air      
circuit breakers4  7ii7 ,welded         
shipboard anchor and mooring chain with 
a diameter of four inches or less4      
7iii7 ,auxiliary equipment1 including   
pumps1 for all shipboard services4  7iv7
 ,propulsion system components1         
including main propulsion engines1      
hybrid drive systems1 propulsion        
shafting1 engine crankshafts1 reduction 
gears1 and propellers4  7v7 ,shipboard  
cranes4  7vi7 ,spreaders for shipboard  

cranes4  7vii7 ,power ,distribution     
equipment1 ,energy ,store ,systems1     
energy storage_/magazine equipment4     
7viii7 ,auxiliary propulsion units and  
systems1 including bow and tunnel       
thrusters1 waterjets1 dynamic           
positioning systems1 and hybrid         
propulsion systems4  7ix7 ,ship service 
and emergency power generation equipment
 7prime movers and generators74  7x7    
,military ,qualified ,wire and ,cable   
and derived products4  7xi7 ,specialized
 ,valves for pneumatic1 fuel1           
firefighting1 countermeasure wash down1 
and chilled water systems4  7xii7 ,low  
voltage 7,,lv7 and high voltage 7,,hv7  
switchgear4  7xiii7 ,power converters4  
7xiv7 ,power inverters4  7xv7 ,frequency
 converters4  7xvi7 ,aircraft           
,electrical ,starting ,stations         
7,,aess74  7xvii7 ,degaussing systems4  
7xviii7 ,static ,automatic ,bus         
,transfer ,switches 7,s,a,b,ts74  7xix7 
,inertial navigation systems and        
gyrocompass4  7xx7 ,capstans4  7xxi7    

,winches4  7xxii7 ,hoists4  7xxiii7     
,outboard motors4  7xxiv7 ,windlasses4  
7,b7 ,other components ,the following   
components of vessels1 to the extent    
they are unique to marine applications3 
gyrocompasses1 electronic navigation    
chart systems1 steering controls1 pumps1
 propulsion and machinery control       
systems1 and totally enclosed lifeboats4
  7,c7 ,valves and machine tools ,items 
in the following categories3  7i7       
,powered and non-powered valves in      
,federal ,supply ,classes #dhaj and     
#dhbj used in piping for naval surface  
ships and submarines4  7ii7 ,machine    
tools in the ,federal ,supply ,classes  
for metal-working machinery numbered    
#cdje1 #cdjh1 #cdaj through #cdai1      
#cdbf1 #cdcc1 #cdch1 #cdda through      
#cddc1 #cdde1 #cddf1 #cddh1 #cddi1      
#cdfj1 and #cdfa4  7#b7 ,applicability  
to certain items ,paragraph 7#a7 does   
not apply to a procurement of spare or  
repair parts needed to support          
components for vessels produced or      

manufactured outside the ,united        
,states4  7#c7 ,waiver authority ,the   
head of an executive agency may waive   
the limitation in paragraph 7#a7 with   
respect to the procurement of an item   
listed in that paragraph if the head of 
the agency determines that any of the   
following apply3  7,a7 ,application of  
the limitation would increase the cost  
of the overall acquisition by more than 
#be percent or cause unreasonable delays
 to be incurred4  7,b7 ,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
 acquired4  7,c7 ,application of the    
limitation would result in the existence
 of only one domestic source for the    
item4  7,d7 ,application of the         
limitation is not in the national       
security interests of the ,united       
,states4  7#d7 ,implementation of waiver
 authority  7,a7 ,non-delegation of     

authority ,the head of an agency may not
 delegate the waiver authority under    
paragraph 7#c74  7,b7 ,publication ,not 
later than #cj days after exercising the
 waiver authority under paragraph 7#c71 
the head of the agency shall publish in 
an easily identifiable location on the  
website of the agency information       
regarding the waiver1 including a       
detailed justification for the waiver4  
7#e7 ,annual report ,not later than #ahj
 days after the end of each fiscal year1
 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 waiver4  7b7 ,components        
containing specialty metals  7#a7       
,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 ,states4  7#b7  
,availability exception  7,a7 ,in       
general ,paragraph 7#a7 does not apply  
to the extent that the head of an       
executive agency determines that        
compliant specialty metal of            
satisfactory quality and sufficient     
quantity1 and in the required form1     
cannot be procured as and when needed4  
,for purposes of the preceding sentence1
 the term compliant specialty metal     
means specialty metal melted or produced
 in the ,united ,states4  7,b7          
,applicability ,this paragraph applies  
to prime contracts and subcontracts at  
any tier under such contracts4  7#c7    
,exception for certain acquisitions     
,paragraph 7#a7 does not apply to the   
following3 7,a7 ,acquisitions outside   
the ,united ,states in support of combat
 operations or in support of contingency

 operations4  7,b7 ,acquisitions for    
which the use of procedures other than  
competitive procedures has been approved
 on the basis of section #ccjd7;c7 of   
this title1 relating to unusual and     
compelling urgency of need4  7#d7       
,exception relating to agreements with  
foreign governments ,paragraph 7#a7 does
 not preclude the acquisition of a      
specialty metal if--  7,a7 the          
acquisition is necessary-- 7i7 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 requirements2 or  7ii7 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 country2 and  7,b7 

any such agreement with a foreign       
government complies1 where applicable1  
with the requirements of section #cf of 
the ,arms ,export ,control ,act 7#bb    
,u4,s4,c4 #bggf7 and with section #bdeg 
of title #aj4  7#e7 ,exception for small
 purchases ,paragraph 7#a7 does not     
apply to acquisitions in amounts not    
greater than the simplified acquisition 
threshold referred to in section #acd of
 this title4  7#f7 ,exception for       
purchases of electronic components      
,paragraph 7#a7 does not apply to       
acquisitions of electronic components1  
unless the head of the agency1 with the 
concurrence of the ,secretary of        
,defense and upon the recommendation of 
the ,strategic ,materials ,protection   
,board pursuant to section #ahg of title
 #aj1 determines that the domestic      
availability of a particular electronic 
component is critical to national       
security4  7#g7 ,applicability to       
acquisitions of commercial items  7,a7  
,in general ,except as provided in      

subparagraphs 7,b7 and 7,c71 this       
section applies to acquisitions of      
commercial items1 notwithstanding       
sections #aijf and #aijg of this title4 
7,b7 ,exceptions ,this section does not 
apply to contracts or subcontracts for  
the acquisition of commercially         
available off-the-shelf items1 as       
defined in section #ajd of this title1  
other than--  7i7 contracts or          
subcontracts for the acquisition of     
specialty metals1 including mill        
products1 such as bar1 billet1 slab1    
wire1 plate and sheet1 that have not    
been incorporated into end items1       
subsystems1 assemblies1 or components2  
7ii7 contracts or subcontracts for the  
acquisition of forgings or castings of  
specialty metals1 unless such forgings  
or castings are incorporated into       
commercially available off-the-shelf end
 items1 subsystems1 or assemblies2      
7iii7 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 subsystems2 and  7iv7         
contracts or subcontracts for           
commercially available off-the-shelf    
fasteners1 unless such fasteners are--  
7,i7 incorporated into commercially     
available off-the-shelf end items1      
subsystems1 assemblies1 or components2  
or  7,,ii7 purchased as provided in     
subparagraph 7,c74  7,c7                
,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 
fasteners1 if the manufacturer has      
certified that it will purchase1 during 
the relevant calendar year1 an amount of
 domestically melted specialty metal1 in
 the required form1 for use in the      
production of such fasteners for sale to
 executive agencies and other customers1
 that is not less than #ej percent of   
the total amount of the specialty metal 

that it will purchase to carry out the  
production of such fasteners4  7#h7     
,exceptions for purchases of specialty  
metals below minimum threshold  7,a7 ,in
 general ,notwithstanding paragraph     
7#a71 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 #b   
percent of the total weight of specialty
 metals in the item4  7,b7 ,exception   
,this paragraph does not apply to high  
performance magnets4  7#i7 ,streamlined 
compliance for commercial derivative    
military articles  7,a7 ,in general     
,paragraph 7#a7 shall not apply to an   
item acquired under a prime contract if 
the head of an executive agency         
determines that--  7i7 the item is a    
commercial derivative military article2 
and  7ii7 the contractor certifies that 
the contractor and its subcontractors   
have entered into a contractual         

agreement1 or agreements1 to purchase an
 amount of domestically melted specialty
 metal in the required form1 for use    
during the period of contract           
performance in the production of the    
commercial derivative military article  
and the related commercial article1 that
 is not less than the greater of--  7,i7
 an amount equivalent to #abj percent of
 the amount of specialty metal that is  
required to carry out the production of 
the commercial derivative military      
article 7including the work performed   
under each subcontract72 or  7,,ii7 an  
amount equivalent to #ej 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 article4     
7,b7 ,determination of amount of        
specialty metal required ,for the       
purposes of this paragraph1 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 item1 including commercially        
available off-the-shelf items1          
incorporated into such commercial       
derivative military article4  7#aj7     
,national security waiver  7,a7 ,in     
general ,notwithstanding paragraph 7#a71
 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       
,states4  7,b7 ,requirements ,a written 
determination under subparagraph 7,a7-- 
7i7 shall specify the quantity of end   
items to which the waiver applies and   
the time period over which the waiver   
applies2 and  7ii7 shall be provided to 
,congress prior to making such a        
determination 7except that in the case  
of an urgent national security          

requirement1 such certification may be  
provided to ,congress up to #g days     
after it is made74  7,c7 ,knowing or    
willful noncompliance  7i7              
,determination ,in any case in which the
 head of an executive agency makes a    
determination under subparagraph 7,a71  
the head of the executive agency shall  
determine whether or not the            
noncompliance was knowing and willful4  
7ii7 ,not knowing or willful            
noncompliance ,if the head of the       
executive agency determines that the    
noncompliance was not knowing or        
willful1 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        
compliance4  7iii7 ,knowing or willful  
noncompliance ,if the head of the       
executive agency determines that the    
noncompliance was knowing or willful1   
the head of the executive agency shall--
  7,i7 require the development and      

implementation of a plan to ensure      
future compliance2 and  7,,ii7 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 noncompliance4  7#aa7      
,specialty metal defined ,in this       
subsection1 the term specialty metal    
means any of the following3 7,a7        
,steel--  7i7 with a maximum alloy      
content exceeding one or more of the    
following limits3 manganese1 #a4fe      
percent2 silicon1 #j4fj percent2 or     
copper1 #j4fj percent2 or  7ii7         
containing more than #j4be percent of   
any of the following elements3 aluminum1
 chromium1 cobalt1 columbium1           
molybdenum1 nickel1 titanium1 tungsten1 
or vanadium4  7,b7 ,metal alloys        
consisting of nickel1 iron-nickel1 and  
cobalt base alloys containing a total of
 other alloying metals 7except iron7 in 
excess of #aj percent4  7,c7 ,titanium  
and titanium alloys4  7,d7 ,zirconium   

and zirconium base alloys4  7#ab7       
,additional definitions ,in this        
subsection3  7,a7 ,the term ,united     
,states includes possessions of the     
,united ,states4  7,b7 ,the term        
component has the meaning provided in   
section #aje of this title4  7,c7 ,the  
term acquisition has the meaning        
provided in section #aca of this title4 
7,d7 ,the term required form--  7i7     
shall not apply to end items or to their
 components at any tier2 and  7ii7 means
 in the form of mill product1 such as   
bar1 billet1 wire1 slab1 plate or sheet1
 and in the grade appropriate for the   
production of--  7,i7 a finished end    
item delivered to the executive agency2 
or  7,,ii7 a finished component         
assembled into an end item delivered to 
the executive agency4  7,e7 ,the term   
commercially available off-the-shelf has
 the meaning provided in section #ajd of
 this title4  7,f7 ,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 multiple1        
replaceable parts4  7,g7 ,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   
facilities1 a common supply chain1 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 purposes4  7,h7 ,the term  
subsystem means a functional grouping of
 items that combine to perform a major  
function within an end item1 such as    
electrical power1 attitude control1 and 
propulsion4  7,i7 ,the term end item    
means the final production product when 
assembled or completed1 and ready for   
issue1 delivery1 or deployment4  7,j7   
,the term subcontract includes a        
subcontract at any tier4  7c7 ,use of   
,united ,states steel1 iron1 aluminum1  

and manufactured products  7#a7 ,in     
general ,the head of an executive agency
 may not enter into a contract related  
to the construction of a vessel unless  
the steel1 iron1 aluminum1 and          
manufactured products to be used in the 
construction of the vessel are produced 
in the ,united ,states4  7#b7           
,exceptions ,the provisions of paragraph
 7#a7 shall not apply where the head of 
an executive agency finds--  7,a7 that  
their application would be inconsistent 
with the public interest2  7,b7 that    
such materials and products are not     
produced in the ,united ,states in      
sufficient and reasonably available     
quantities and of a satisfactory        
quality2 or  7,c7 that inclusion of     
domestic material will increase the cost
 of the overall project contract by more
 than #be percent4  7#c7 ,implementation
 of exceptions  7,a7 ,non-delegation of 
authority ,the head of an agency may not
 delegate the authority to make a       
finding described in paragraph 7#b74    

7,b7 ,publication ,not later than #cj   
days after making a finding described in
 paragraph 7#b71 the head of the agency 
shall publish in an easily identifiable 
location on the website of the agency   
information regarding the finding1      
including a detailed justification for  
the exception4  7#d7 ,annual report ,not
 later than #ahj days after the end of  
each fiscal year1 the head of each      
executive agency that has made an       
exception finding described in paragraph
 7#b7 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 exceptions4  7#e7 ,calculation  
of component cost ,for purposes of this 
subsection1 in calculating components'  
costs1 labor costs involved in final    
assembly shall not be included in the   

calculation4  7#f7 ,intentional         
violations ,if it has been determined by
 a court or ,federal agency that any    
person intentionally--  7,a7 affixed a  
label bearing a ,made in ,america       
inscription1 or any inscription with the
 same meaning1 to any product used in   
projects to which this section applies1 
sold in or shipped to the ,united       
,states that was not made in the ,united
 ,states2 or  7,b7 represented that any 
product used in projects to which this  
section applies1 sold in or shipped to  
the ,united ,states that was not        
produced in the ,united ,states1 was    
produced in the ,united ,states1  that  
person shall be debarred from           
contracting with the ,federal           
,government for a period of not less    
than #e years4  4  7b7 ,clerical        
amendment ,the table of sections at the 
beginning of such chapter is amended by 
adding after the item relating to       
section #dgac the following new item3   
#dgad4 ,domestic sourcing requirement   

for shipboard components4  4  #d4       
,conforming amendments related to       
,department of ,defense provisions  7a7 
,use of ,united ,states steel1 iron1    
aluminum1 and manufactured products     
7#a7 ,in general ,chapter #acg of title 
#aj1 ,united ,states ,code1 is amended  
by adding at the end the following new  
section3  #bcci;b4 ,use of ,united      
,states steel1 iron1 aluminum1 and      
manufactured products in shipbuilding   
7a7 ,in general ,the head of an agency  
may not enter into a contract related to
 the construction of a vessel unless the
 steel1 iron1 aluminum1 and manufactured
 products to be used in the construction
 of the vessel are produced in the      
,united ,states4  7b7 ,exceptions ,the  
provisions of subsection 7a7 shall not  
apply where the head of the agency      
finds--  7#a7 that their application    
would be inconsistent with the public   
interest2  7#b7 that such materials and 
products are not produced in the ,united
 ,states in sufficient and reasonably   

available quantities and of a           
satisfactory quality2 or  7#c7 that     
inclusion of domestic material will     
increase the cost of the overall project
 contract by more than #be percent4  7c7
 ,implementation of exceptions  7#a7    
,non-delegation of authority ,the head  
of an agency may not delegate the       
authority to make a finding described in
 subsection 7b74  7#b7 ,publication ,not
 later than #cj days after making a     
finding described in subsection 7b71 the
 head of the agency shall publish in an 
easily identifiable location on the     
website of the agency information       
regarding the finding1 including a      
detailed justification for the          
exception4  7d7 ,annual report ,not     
later than #ahj days after the end of   
each fiscal year1 the head of each      
executive agency that has made an       
exception finding described in          
subsection 7b7 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 exceptions4  7e7  
,calculation of component cost ,for     
purposes of this section1 in calculating
 components' costs1 labor costs involved
 in final assembly shall not be included
 in the calculation4  7f7 ,intentional  
violations ,if it has been determined by
 a court or ,federal agency that any    
person intentionally--  7#a7 affixed a  
label bearing a ,made in ,america       
inscription1 or any inscription with the
 same meaning1 to any product used in   
projects to which this section applies1 
sold in or shipped to the ,united       
,states that was not made in the ,united
 ,states2 or  7#b7 represented that any 
product used in projects to which this  
section applies1 sold in or shipped to  
the ,united ,states that was not        
produced in the ,united ,states1 was    
produced in the ,united ,states1  that  
person shall be debarred from           

contracting with the ,federal           
,government for a period of not less    
than #e years4  4  7#b7 ,clerical       
amendment ,the table of sections at the 
beginning of such chapter is amended by 
adding after the item relating to       
section #bcci;a the following new item3 
#bcci;b4 ,use of ,united ,states steel1 
iron1 aluminum1 and manufactured        
products in shipbuilding4  4  7b7       
,miscellaneous limitations on the       
procurement of goods other than ,united 
,states goods  7#a7 ,in general ,section
 #becd7;a77#c77;,a7 of title #aj1       
,united ,states ,code1 is amended by    
adding at the end the following new     
clauses3  7i7 ,air circuit breakers4    
7ii7 ,welded shipboard anchor and       
mooring chain with a diameter of four   
inches or less4  7iii7 ,auxiliary       
equipment1 including pumps1 for all     
shipboard services4  7iv7 ,propulsion   
system components1 including main       
propulsion engines1 hybrid drive        
systems1 propulsion shafting1 engine    

crankshafts1 reduction gears1 and       
propellers4  7v7 ,shipboard cranes4     
7vi7 ,spreaders for shipboard cranes4   
7vii7 ,power ,distribution equipment1   
,energy ,store ,systems1 energy         
storage_/magazine equipment4  7viii7    
,auxiliary propulsion units and systems1
 including bow and tunnel thrusters1    
waterjets1 dynamic positioning systems1 
and hybrid propulsion systems4  7ix7    
,ship service and emergency power       
generation equipment 7prime movers and  
generators74  7x7 ,military ,qualified  
,wire and ,cable and derived products4  
7xi7 ,specialized ,valves for pneumatic1
 fuel1 firefighting1 countermeasure wash
 down1 and chilled water systems4  7xii7
 ,low voltage 7,,lv7 and high voltage   
7,,hv7 switchgear4  7xiii7 ,power       
converters4  7xiv7 ,power inverters4    
7xv7 ,frequency converters4  7xvi7      
,aircraft ,electrical ,starting         
,stations 7,,aess74  7xvii7 ,degaussing 
systems4  7xviii7 ,static ,automatic    
,bus ,transfer ,switches 7,s,a,b,ts74   

7xix7 ,inertial navigation systems and  
gyrocompass4  7xx7 ,capstans4  7xxi7    
,winches4  7xxii7 ,hoists4  7xxiii7     
,outboard motors4  7xxiv7 ,windlasses4  
4  7#b7 ,applicability of previously    
sunsetted provisions ,subsection        
7c77#b77;,c7 of section #becd of title  
#aj1 ,united ,states ,code1 is amended  
by striking shall cease to be effective 
on ,october #a1 #aiif and inserting     
8shall be in effect during--  7i7 the   
period beginning on the date of the     
enactment of this paragraph and ending  
on ,october #a1 #aiif2 and  7ii7 the    
period beginning on the date of the     
enactment of the ,made in ,america      
,shipbuilding ,act of #bjbj4  4  #e4    
,applicability ,the requirements under  
this ,act and the amendments made by    
this ,act--  7#a7 apply to contracts    
entered into on or after the date of the
 enactment of this ,act2 and  7#b7 do   
not apply to--  7,a7 contracts entered  
into before the date of the enactment of
 this ,act2 or  7,b7 options included as

 part of such contracts as of such date 
of enactment4