I 
118TH CONGRESS 
1ST SESSION 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 
MAY 17, 2023 
Mr. NORCROSS introduced 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-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Military Industrial Na-
tional Defense Supply Act of 2023’’ or the ‘‘MINDS Act’’. 
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SEC. 2. ENHANCED DOMESTIC CONTENT REQUIREMENT 
FOR MAJOR DEFENSE ACQUISITION PRO-
GRAMS. 
(a) ASSESSMENT REQUIRED.— 
(1) IN
GENERAL.—Not later than one year 
after the date of the enactment of this Act, the Sec-
retary of Defense shall submit to the congressional 
defense committees a report assessing the domestic 
source content of procurements carried out in con-
nection with a major defense acquisition program. 
(2) INFORMATION REPOSITORY.—The Secretary 
of Defense shall establish an information repository 
for the collection and analysis of information related 
to domestic source content for products the Sec-
retary deems critical, where such information can be 
used for continuous data analysis and program man-
agement activities. 
(b) ENHANCED
DOMESTIC
CONTENT
REQUIRE-
MENT.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), for purposes of chapter 83 of title 41, 
United States Code, manufactured articles, mate-
rials, or supplies procured in connection with a 
major defense acquisition program are manufactured 
substantially all from articles, materials, or supplies 
mined, produced, or manufactured in the United 
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States if the cost of such component articles, mate-
rials, or supplies— 
(A) 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; 
(B) 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 
(C) supplied on or after January 1, 2029, 
exceeds 75 percent of the cost of the manufac-
tured articles, materials, or supplies. 
(2) EXCLUSION FOR CERTAIN MANUFACTURED 
ARTICLES.—Paragraph (1) shall not apply to manu-
factured articles that consist wholly or predomi-
nantly of iron, steel, or a combination of iron and 
steel. 
(3) RULEMAKING
TO
CREATE
A
FALLBACK 
THRESHOLD.— 
(A) IN
GENERAL.—Not later than 180 
days after the date of the enactment of this 
Act, the Secretary of Defense shall issue rules 
to determine the treatment of the lowest price 
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offered for a foreign end product for which 55 
percent or more of the component articles, ma-
terials, or supplies of such foreign end product 
are manufactured substantially all from articles, 
materials, or supplies mined, produced, or man-
ufactured in the United States if— 
(i) the application paragraph (1) re-
sults in an unreasonable cost; or 
(ii) no offers are submitted to supply 
manufactured articles, materials, or sup-
plies manufactured substantially all from 
articles, materials, or supplies mined, pro-
duced, or manufactured in the United 
States. 
(B) TERMINATION.—Rules issued under 
this paragraph shall cease to have force or ef-
fect on January 1, 2030. 
(4) APPLICABILITY.—The requirements of this 
subsection— 
(A) shall apply to contracts entered into on 
or after the date of the enactment of this Act; 
and 
(B) shall not apply to a country that is a 
member of the national technology and indus-
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trial base (as defined by section 4801 of title 
10, United States Code). 
(c) MAJOR DEFENSE ACQUISITION PROGRAM DE-
FINED.—The term ‘‘major defense acquisition program’’ 
has the meaning given in section 4201 of title 10, United 
States Code. 
Æ 
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