[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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