I
118THCONGRESS
1
STSESSION H. R. 3438
To require the Secretary of Defense report on the domestic content require-
ments major defense acquisition programs, to establish an enhanced
domestic content requirement for certain procurements, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY17, 2023
Mr. N
ORCROSSintroduced the following bill; which was referred to the
Committee on Armed Services
A BILL
To require the Secretary of Defense report on the domestic
content requirements major defense acquisition pro-
grams, to establish an enhanced domestic content re-
quirement for certain procurements, and for other pur-
poses.
Be it enacted by the Senate and House of Representa-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘Military Industrial Na-4
tional Defense Supply Act of 2023’’ or the ‘‘MINDS Act’’. 5
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SEC. 2. ENHANCED DOMESTIC CONTENT REQUIREMENT 1
FOR MAJOR DEFENSE ACQUISITION PRO-2
GRAMS. 3
(a) A
SSESSMENTREQUIRED.— 4
(1) I
N GENERAL.—Not later than one year 5
after the date of the enactment of this Act, the Sec-6
retary of Defense shall submit to the congressional 7
defense committees a report assessing the domestic 8
source content of procurements carried out in con-9
nection with a major defense acquisition program. 10
(2) I
NFORMATION REPOSITORY .—The Secretary 11
of Defense shall establish an information repository 12
for the collection and analysis of information related 13
to domestic source content for products the Sec-14
retary deems critical, where such information can be 15
used for continuous data analysis and program man-16
agement activities. 17
(b) E
NHANCED DOMESTICCONTENTREQUIRE-18
MENT.— 19
(1) I
N GENERAL.—Except as provided in para-20
graph (2), for purposes of chapter 83 of title 41, 21
United States Code, manufactured articles, mate-22
rials, or supplies procured in connection with a 23
major defense acquisition program are manufactured 24
substantially all from articles, materials, or supplies 25
mined, produced, or manufactured in the United 26
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States if the cost of such component articles, mate-1
rials, or supplies— 2
(A) supplied not later than the date of the 3
enactment of this Act, exceeds 60 percent of 4
cost of the manufactured articles, materials, or 5
supplies procured; 6
(B) supplied during the period beginning 7
January 1, 2024, and ending December 31, 8
2028, exceeds 65 percent of the cost of the 9
manufactured articles, materials, or supplies; 10
and 11
(C) supplied on or after January 1, 2029, 12
exceeds 75 percent of the cost of the manufac-13
tured articles, materials, or supplies. 14
(2) E
XCLUSION FOR CERTAIN MANUFACTURED 15
ARTICLES.—Paragraph (1) shall not apply to manu-16
factured articles that consist wholly or predomi-17
nantly of iron, steel, or a combination of iron and 18
steel. 19
(3) R
ULEMAKING TO CREATE A FALLBACK 20
THRESHOLD.— 21
(A) I
N GENERAL.—Not later than 180 22
days after the date of the enactment of this 23
Act, the Secretary of Defense shall issue rules 24
to determine the treatment of the lowest price 25
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offered for a foreign end product for which 55 1
percent or more of the component articles, ma-2
terials, or supplies of such foreign end product 3
are manufactured substantially all from articles, 4
materials, or supplies mined, produced, or man-5
ufactured in the United States if— 6
(i) the application paragraph (1) re-7
sults in an unreasonable cost; or 8
(ii) no offers are submitted to supply 9
manufactured articles, materials, or sup-10
plies manufactured substantially all from 11
articles, materials, or supplies mined, pro-12
duced, or manufactured in the United 13
States. 14
(B) T
ERMINATION.—Rules issued under 15
this paragraph shall cease to have force or ef-16
fect on January 1, 2030. 17
(4) A
PPLICABILITY.—The requirements of this 18
subsection— 19
(A) shall apply to contracts entered into on 20
or after the date of the enactment of this Act; 21
and 22
(B) shall not apply to a country that is a 23
member of the national technology and indus-24
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trial base (as defined by section 4801 of title 1
10, United States Code). 2
(c) M
AJORDEFENSEACQUISITIONPROGRAMDE-3
FINED.—The term ‘‘major defense acquisition program’’ 4
has the meaning given in section 4201 of title 10, United 5
States Code. 6
Æ
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