I 118th CONGRESS 1st Session H. R. 3438 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 programs, to establish an enhanced domestic content requirement for certain procurements, and for other purposes.

1. Short title This Act may be cited as the Military Industrial National Defense Supply Act of 2023 or the MINDS Act . 2. Enhanced domestic content requirement for major defense acquisition programs (a) Assessment required (1) In general Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the domestic source content of procurements carried out in connection 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 Secretary deems critical, where such information can be used for continuous data analysis and program management activities. (b) Enhanced domestic content requirement (1) In general Except as provided in paragraph (2), for purposes of chapter 83 of title 41, United States Code, manufactured articles, materials, 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 States if the cost of such component articles, materials, 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 manufactured articles, materials, or supplies. (2) Exclusion for certain manufactured articles Paragraph (1) shall not apply to manufactured articles that consist wholly or predominantly 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 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— (i) the application paragraph (1) results in an unreasonable cost; or (ii) 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. (B) Termination Rules issued under this paragraph shall cease to have force or effect 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 industrial base (as defined by section 4801 of title 10, United States Code). (c) Major defense acquisition program defined The term major defense acquisition program has the meaning given in section 4201 of title 10, United States Code.