[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4404 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 4404

   To authorize certain actions to address domestic industrial base 
                  shortfalls, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 14, 2022

 Ms. Ernst (for herself, Mr. Manchin, Mr. Daines, Mrs. Blackburn, Mr. 
 Scott of Florida, Mr. King, and Mr. Peters) introduced the following 
 bill; which was read twice and referred to the Committee on Banking, 
                       Housing, and Urban Affairs

_______________________________________________________________________

                                 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 the appropriations 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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