[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Page S5908]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 6381. Mr. SULLIVAN 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 G of title X, add the following:

     SEC. 1077. TREATMENT OF ACTIONS UNDER PRESIDENTIAL 
                   DETERMINATION 2022-11 FOR FEDERAL PERMITTING 
                   IMPROVEMENT PURPOSES.

       (a) In General.--Except as provided by subsection (c), an 
     action described in subsection (b) shall be--
       (1) treated as a covered project, as defined in section 
     41001(6) of the Fixing America's Surface Transportation Act 
     (42 U.S.C. 4370m(6)), without regard to the requirements of 
     that section; and
       (2) included in the Permitting Dashboard maintained 
     pursuant to section 41003(b) of that Act (42 U.S.C. 4370m-
     2(b)).
       (b) Actions Described.--An action described in this 
     subsection is an action taken by the Secretary of Defense 
     pursuant to Presidential Determination 2022-11 (87 Fed. Reg. 
     19775; relating to certain actions under section 303 of the 
     Defense Production Act of 1950) to create, maintain, protect, 
     expand, or restore sustainable and responsible domestic 
     production capabilities for strategic and critical materials 
     through--
       (1) supporting feasibility studies for mature mining, 
     beneficiation, and value-added processing projects;
       (2) by-product and co-product production at existing 
     mining, mine waste reclamation, and other industrial 
     facilities;
       (3) modernization of mining, beneficiation, and value-added 
     processing to increase productivity, environmental 
     sustainability, and workforce safety; or
       (4) any other activity authorized under section 303(a)(1) 
     of the Defense Production Act of 1950 (50 U.S.C. 4533(a)(1)).
       (c) Exception.--An action described in subsection (b) may 
     not be treated as a covered project or be included in the 
     Permitting Dashboard under subsection (a) if the project 
     sponsor (as defined in section 41001(18) of the Fixing 
     America's Surface Transportation Act (42 U.S.C. 4370m(18))) 
     requests that the action not be treated as a covered project.
                                 ______