MINDS Act

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3438 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 3438

  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.


_______________________________________________________________________


                    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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Military Industrial National Defense 
Supply Act of 2023'' or the ``MINDS Act''.

SEC. 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.
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