[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8315 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 8315
To authorize certain actions to address domestic industrial base
shortfalls, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 7, 2022
Ms. Slotkin (for herself and Mr. Waltz) introduced the following bill;
which was referred to the Committee on Armed Services, and in addition
to the Committee on Financial Services, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To authorize certain actions to address domestic industrial base
shortfalls, 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 ``Homeland Acceleration of Recovering
Deposits and Renewing Onshore Critical Keystones Act of 2022'' or the
``HARD ROCK Act of 2022''.
SEC. 2. AUTHORITY TO ACQUIRE MATERIALS FOR NATIONAL DEFENSE STOCKPILE
TO ADDRESS SHORTFALLS.
(a) Modification of Acquisition Authority.--Section 5 of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d) is
amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the first sentence, by inserting
``under the authority of paragraph (3) or''
after ``Except for acquisitions made''; and
(ii) in the second sentence, by striking
``for such acquisition'' and inserting ``for
any acquisition of materials under this Act'';
(B) in paragraph (2), by striking ``any such
transaction'' and inserting ``any transaction''; and
(C) by adding at the end the following:
``(3) Using funds available in the National Defense Stockpile
Transaction Fund established under section 9, the National Defense
Stockpile Manager may acquire materials determined to be strategic and
critical under section 3(a) without regard to the requirement of the
first sentence of paragraph (1) if the Stockpile Manager determines
there is a shortfall of such materials in the stockpile.''; and
(2) in subsection (c), by striking ``to carry out the
purposes for which appropriated for a period of two fiscal
years, if so provided in appropriation Acts'' and inserting
``until expended, unless otherwise provided in appropriations
Acts''.
(b) Clarification That Stockpile May Not Be Used for Budgetary
Purposes.--Section 2(c) of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98(c)) is amended by striking ``is not to be
used'' and inserting ``shall not be used''.
(c) Annual Briefings.--Section 11 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98h-2) is amended by adding at
the end the following:
``(c)(1) Not later than 30 days after submitting a report required
by subsection (a), the National Defense Stockpile Manager shall brief
the committees specified in paragraph (2) on the state of the stockpile
and the acquisitions intended to be made within the next fiscal year.
``(2) The committees specified in this paragraph are--
``(A) the Committee on Armed Services, the
Committee on Foreign Relations, the Committee on Energy
and Natural Resources, the Committee on Commerce,
Science, and Transportation, and the Select Committee
on Intelligence of the Senate; and
``(B) the Committee on Armed Services, the
Committee on Foreign Affairs, the Committee on Natural
Resources, the Committee on Energy and Commerce, and
the Permanent Select Committee on Intelligence of the
House of Representatives.''.
SEC. 3. INCREASED THRESHOLD FOR ACTIONS TO REMEDY CERTAIN DOMESTIC
INDUSTRIAL BASE SHORTFALLS.
Section 303(a)(6) of the Defense Production Act of 1950 (50 U.S.C.
4533(a)(6)) is amended--
(1) in subparagraph (B)--
(A) by striking ``If the taking'' and inserting the
following:
``(i) In general.--If the taking'';
(B) by striking ``$50,000,000'' and inserting ``the
amount specified in clause (ii)''; and
(C) by adding at the end the following:
``(ii) Amount specified.--The amount
specified in this clause is--
``(I) except as provided in
subclause (II), $50,000,000; and
``(II) in the case of a domestic
industrial base shortfall relating to
an industrial resource described in
clause (iii), $350,000,000.
``(iii) Industrial resources described.--An
industrial resource described in this clause is
any of the following:
``(I) A material determined to be a
strategic and critical material under
section 3(a) of the Strategic and
Critical Materials Stock Piling Act (50
U.S.C. 98b(a)) with respect to which
the National Defense Stockpile has a
shortfall of more than $100,000,000, as
demonstrated by the most recent report
required by section 11 of that Act (50
U.S.C. 98h-2).
``(II) Any industrial resource
necessary for the production,
separation, or processing of a critical
mineral (as defined in section 7002(a)
of the Energy Act of 2020 (30 U.S.C.
1606(a))).''; and
(2) by amending subparagraph (C) to read as follows:
``(C) Limitation.--If entering into an obligation
under this section to correct an industrial resource
shortfall would cause the aggregate outstanding amount
of all such obligations for such industrial resource
shortfall to exceed $50,000,000, no such obligation may
be entered until the President provides a briefing to
Congress on the nature of the shortfall and the action
or actions necessary to mitigate the shortfall.''.
SEC. 4. REPORT ON MODIFICATIONS TO NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
(a) In General.--Not later than December 1, 2023, the Secretary of
Defense shall submit to the congressional defense committees a report
on the benefits and risks of potential legislative proposals to
increase the availability of strategic and critical materials that are,
as of the date of the enactment of this Act, sourced primarily from the
People's Republic of China or the Russian Federation.
(b) Elements.--The report required by subsection (a) shall include
an assessment of the following:
(1) The implications of modifying the term ``domestic
source'' for purposes of the Defense Production Act of 1950 (50
U.S.C. 4501 et seq.) to ``domestic and allied source'' and
including business concerns in Canada, the United Kingdom, and
Australia in the definition of that term.
(2) The benefits of facilitating more effective integration
of the national technology and industrial base with the
technology and industrial bases of countries that are allies or
partners of the United States with respect to technology
transfer, socioeconomic procurement requirements, and export
controls.
(c) Definitions.--In this section:
(1) Congressional defense committees.--The term
``congressional defense committees'' has the meaning given that
term in section 101(a) of title 10, United States Code.
(2) National technology and industrial base.--The term
``national technology and industrial base'' has the meaning
given that term in section 4801 of title 10, United States
Code.
(3) Strategic and critical materials.--The term ``strategic
and critical materials'' has the meaning given that term in
section 12 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h-3).
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