- Record: Senate Floor
- Section type: Amendments
- Chamber: Senate
- Date: June 24, 2026
- Congress: 119th Congress
- Why this source matters: This section came from the Senate floor portion of the record.
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.