[Congressional Record Volume 168, Number 157 (Wednesday, September 28, 2022)]
[Senate]
[Pages S5243-S5244]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 5757. Mr. COTTON (for himself and Mr. Kelly) submitted an 
amendment intended to be proposed to amendment SA 5499 submitted by Mr. 
Reed (for himself and Mr. Inhofe) and intended to be proposed to the 
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for 
military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the end of subtitle B of title XIV, add the following:

     SEC. 1414. SUPPORT FOR UNITED STATES PRODUCERS AND PROCESSORS 
                   OF STRATEGIC AND CRITICAL MATERIALS.

       (a) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Defense Production Act Fund under section 304 of the 
     Defense Production Act of 1950 (50 U.S.C. 4534) for fiscal 
     year 2023 $500,000,000 for activities of the Department of 
     Defense pursuant to section 108 and title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4518 and 4531 et seq.).
       (2) Requirements for strategic and critical minerals.--Of 
     the amount authorized to be appropriated by paragraph (1), 
     not less than $200,000,000 shall be available to meet the 
     requirements of the Department of Defense for--
       (A) materials specified in paragraphs (1) through (8) of 
     section 1413(a); and
       (B) components and unfinished precursors of such materials.
       (b) Increase in Limitation on Cost of Defense Production 
     Act Projects for Strategic and Critical Materials.--Section 
     303(a)(6) of the Defense Production Act (50 U.S.C. 
     4533(a)(6)) is amended--
       (1) in subparagraph (B)--

[[Page S5244]]

       (A) by striking ``If the taking'' and inserting the 
     following:
       ``(i) In general.--If the taking'';
       (B) by inserting ``(except as provided in clause (ii))'' 
     after ``$50,000,000''; and
       (C) by adding at the end the following:
       ``(ii) Exception for strategic and critical minerals.--If 
     the taking of any action under this subsection to correct a 
     domestic industrial base shortfall in materials, components, 
     or precursors described in section 1414(a)(2) of the James M. 
     Inhofe National Defense Authorization Act for Fiscal Year 
     2023 would cause the aggregate outstanding amount of all such 
     actions for such shortfall to exceed $100,000,000, the action 
     or actions may be taken only after the 30-day period 
     following the date on which the Committee on Banking, 
     Housing, and Urban Affairs of the Senate and the Committee on 
     Financial Services of the House of Representatives have been 
     notified in writing of the proposed action.''; and
       (2) in subparagraph (C)--
       (A) by striking ``If the taking'' and inserting the 
     following:
       ``(i) In general.--If the taking'';
       (B) by inserting ``(except as provided in clause (ii))'' 
     after ``$50,000,000''; and
       (C) by adding at the end the following:
       ``(ii) Exception for rare earth elements and critical 
     minerals.--If the taking of any action or actions under this 
     section to correct an industrial resource shortfall in 
     materials, components, or precursors described in section 
     1414(a)(2) of the James M. Inhofe National Defense 
     Authorization Act for Fiscal Year 2023 would cause the 
     aggregate outstanding amount of all such actions for such 
     industrial resource shortfall to exceed $100,000,000, no such 
     action or actions may be taken, unless such action or actions 
     are authorized to exceed such amount by an Act of 
     Congress.''.
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