[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5683-S5684]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6139. Mr. ROMNEY 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. CRITICAL MINERAL SUPPLY CHAIN INDEPENDENCE FROM 
                   GEOSTRATEGIC COMPETITORS AND ADVERSARIES.

       (a) Statement of Policy.--It is the policy of the United 
     States--
       (1) to expand mining and processing of critical minerals, 
     including rare earth elements, in the United States and in 
     allied countries to meet the needs of the United States 
     defense sector so that Department of Defense will achieve 
     critical mineral supply chain independence by 2027;
       (2) that the Department of Defense will procure critical 
     minerals processed by the United States and allied countries 
     to replenish and expand the National Defense Stockpile to 
     meet growing geopolitical threats by 2027; and
       (3) to develop critical mineral supply chains for the 
     Department of Defense that are not dependent on mining or 
     processing of critical minerals in countries that are 
     geostrategic competitors or adversaries of the United States.
       (b) Report on United States and Allied Processing of 
     Critical Minerals Required to Achieve Defense Supply Chain 
     Independence.--
       (1) In general.--Not later than 90 days after the date of 
     the enactment of this Act, the Under Secretary of Defense for 
     Acquisition and Sustainment shall submit to the appropriate 
     committees of Congress a report on the processing by the 
     United States and allied countries of critical minerals, 
     including rare earth elements, required to achieve supply 
     chain independence for the United States Armed Forces and 
     allied countries by 2027.
       (2) Elements.--The report required by paragraph (1) shall 
     include the following:
       (A) An estimate of the annual demand for processed critical 
     minerals for the United States Armed Forces and allied 
     countries.
       (B) An outline of the necessary processed critical minerals 
     value chain required to support the needs of the Department 
     of Defense.
       (C) An assessment of any gaps in the outline described in 
     subparagraph (B), indicating where sufficient United States 
     processing capacity exists and where such capacity does not 
     exist.
       (D) An identification of any Federal funds, including any 
     funds made available under title III of the Defense 
     Production Act of 1950 (50 U.S.C. 4531 et seq.), being 
     deployed, as of the date of the report, to support 
     development of United States capacity to address those gaps.
       (E) An estimate of the additional capital investment 
     required to grow and operate sufficient United States 
     capacity to address those gaps.
       (F) An estimate of the annual funding necessary for the 
     Department of Defense to procure critical minerals processed 
     in the United States sufficient to meet the annual needs of 
     the Department, including consideration of increased 
     investments from private sector capital.
       (G) An estimate of the cost difference between the 
     Department of Defense--
       (i) sourcing critical minerals processed by the United 
     States;
       (ii) sourcing critical minerals processed by allied 
     countries; and
       (iii) sourcing critical minerals on the open market.
       (H) An assessment of what changes, if any, are necessary to 
     the acquisition policies of the Department of Defense to 
     ensure weapon suppliers use critical minerals processed by 
     the United States or allied countries.
       (I) An assessment of what changes, if any, to authorities 
     under title III of the Defense Production Act of 1950 are 
     necessary to enter into a long-term offtake agreement with 
     respect to critical minerals processed by the United States 
     or allied countries.
       (J) An assessment of the duration of potential contracts 
     necessary to prevent the collapse of United States processing 
     of critical minerals in the event of price fluctuations 
     resulting from increases in the export quota of the People's 
     Republic of China.
       (K) Recommendations for international cooperation with 
     allied countries to jointly reduce dependence on critical 
     minerals processed in or by the People's Republic of China.
       (c) Strategy to Transition the Supply Chain for the 
     National Defense Stockpile to United States and Allied-
     processed Critical Minerals by 2027.--
       (1) In general.--Not later than 90 days after the report 
     required by subsection (b) is submitted, the Director of the 
     Defense Logistics Agency, in coordination with the Under 
     Secretary of Defense for Acquisition and Sustainment, shall 
     develop, and submit to the appropriate committees of 
     Congress, a strategy to transition the supply chain for 
     critical minerals, including rare earths elements, in the 
     National Defense Stockpile away from reliance on geostrategic 
     competitors and adversaries of the United States by 2027, 
     through acquisition of critical minerals processed by--
       (A) the United States, with a preference given to critical 
     minerals processed in the United States; or
       (B) allied countries (excluding critical minerals processed 
     in a country that is a geostrategic competitor or adversary 
     of the United States), with preference given to critical 
     minerals processed in such countries.
       (2) Forecasted need of critical minerals.--The strategy 
     required by paragraph (1) shall be designed to meet the 
     forecasted need for critical minerals of the Department of 
     Defense through calendar year 2027 for--
       (A) planned procurements;
       (B) anticipated adoption of emerging technology; and
       (C) potential increases in the National Defense Stockpile 
     that would be needed if the Department implements the 
     guidance included in the Climate Adaptation Action Plan of 
     the Department of Defense, dated September 2021.
       (3) Elements.--The strategy required by paragraph (1) shall 
     include the following:
       (A) A list of critical minerals in the National Defense 
     Stockpile.
       (B) A priority ranking for transitioning the critical 
     minerals on the list required by subparagraph (A), developed 
     using, for each such mineral--
       (i) the percentage of the mineral processed by foreign 
     sources (excluding allied countries);
       (ii) the percentage of operational processing facilities 
     for the mineral located in the United States and in allied 
     countries, compared to foreign sources of the mineral 
     (excluding allied countries);
       (iii) the quantity of the mineral required to fulfill the 
     purposes set forth in section 2 of the Strategic and Critical 
     Materials Stock Piling Act (50 U.S.C. 98a); and
       (iv) any other metric, as determined by the Director and 
     the Under Secretary, that may be an indicator of reliance on 
     foreign sources (excluding allied countries) for the mineral.
       (C) A process to replenish 50 percent of each mineral on 
     the list required by subparagraph (A) with the mineral 
     processed by United States or allied country processors 
     during the 1-year period after implementation of the 
     strategy.
       (D) A process to replenish 95 percent of each mineral on 
     the list required by subparagraph (A) with the mineral 
     processed by United States or allied country processors 
     during the 3-year period after implementation of the 
     strategy.
       (E) Recommendations to Congress with respect to any 
     authorities needed to implement the strategy.
       (F) Any other matters related to implementing the strategy 
     as the Director and the Under Secretary consider appropriate.
       (4) Implementation.--The Director and the Under Secretary 
     shall--
       (A) coordinate the implementation of the processes required 
     by subparagraphs (C) and (D) of paragraph (3) with the 
     Department of Defense and activities carried out by the 
     Department under title III of the Defense Production Act of 
     1950 (50 U.S.C. 4531 et seq.); and
       (B) to the greatest extent practicable, implement the 
     strategy required by paragraph (1) with respect to 
     acquisition of critical minerals for the National Defense 
     Stockpile with funds authorized to be appropriated by this 
     Act.
       (5) Briefings required.--Not later than 180 days after the 
     submission of the strategy required by paragraph (1), and 
     every 180 days thereafter, the Director and the Under 
     Secretary shall brief the appropriate committees of Congress 
     on implementation of the strategy.
       (d) Form of Report and Strategy.--The report required by 
     subsection (b) and the strategy required by subsection (c) 
     shall be submitted in classified form but shall include an 
     unclassified summary.
       (e) Definitions.--In this section:
       (1) Allied country.--The term ``allied country'' means--
       (A) a country of the national technology and industrial 
     base, as defined in section 4801 of title 10, United States 
     Code; or
       (B) another country that is an ally of the United States 
     and is identified by the Secretary of Defense for purposes of 
     this section.
       (2) Appropriate committees of congress.--The term 
     ``appropriate committees of Congress'' means--
       (A) the Committee on Energy and Natural Resources, the 
     Committee on Armed Services, the Committee on Foreign 
     Relations, and the Committee on Banking, Housing, and Urban 
     Affairs of the Senate; and

[[Page S5684]]

       (B) the Committee on Natural Resources, the Committee on 
     Armed Services, the Committee on Foreign Affairs, and the 
     Committee on Financial Services of the House of 
     Representatives.
       (3) Critical mineral.--The term ``critical mineral'' has 
     the meaning given that term in section 7002(a) of the Energy 
     Act of 2020 (30 U.S.C. 1606(a)).
                                 ______