S. 4758 — Introduced in Senate

II 117th CONGRESS 2d Session S. 4758 IN THE SENATE OF THE UNITED STATES August 3, 2022Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide for enhanced domestic content requirements in Federal procurement, and for other purposes. 1. Short title This Act may be cited as the Returning American Manufacturing Potential Act or RAMP Act. 2. Enhanced domestic content requirement (a) In general Except as provided in subsection (b), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, or supplies procured 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— (1) 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; (2) 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 (3) supplied on or after January 1, 2029, exceeds 75 percent of the cost of the manufactured articles, materials, or supplies. (b) Exclusion for certain manufactured articles Subsection (a) shall not apply to manufactured articles that consist wholly or predominantly of iron, steel, or a combination of iron and steel. (c) Rulemaking (1) In general Not later than 180 days after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation 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 subsection (a) 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. (2) Authority to extend 75 percent deadline The amendments to the Federal Acquisition Regulation made pursuant to paragraph (1) shall provide that the Administrator of the General Services Administration may extend the deadline required under subsection (a)(3) by one additional year if the Administrator determines that is it necessary to the national security of the United States. (3) Termination Rules issued under this subsection shall cease to have force or effect on January 1, 2030. 3. Price preferences for critical supply chain items (a) In general Not later than one year after the date of the enactment of this Act, the Federal Acquisition Regulatory Council shall amend the Federal Acquisition Regulation to provide for higher price preferences applicable to end products, construction materials, and components determined pursuant to subsection (b) to be critical to United States supply chains. (b) List of critical items (1) In general The Director of the Office of Management and Budget shall establish and maintain a list of end products, construction materials, and components that the Director, in consultation with the heads of relevant agencies, determines are critical to United States supply chains. (2) Public comment The Director of the Office of Management and Budget shall seek public comment on the list maintained under paragraph (1), including by publishing the list in the Federal Register no less often than once every four years. The Director shall also consider any unsolicited recommendations and comments received at any time, provided that such recommendations and comments provide sufficient data and rationale to permit evaluation. 4. Applicability The requirements of this Act shall apply to contracts entered into on or after the date of the enactment of this Act.