I 
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 deter-
mined 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 Representa-
tives 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’’. 
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SEC. 2. AUTHORITY TO ACQUIRE MATERIALS FOR NA-
TIONAL DEFENSE STOCKPILE TO ADDRESS 
SHORTFALLS. 
(a) MODIFICATION OF ACQUISITION AUTHORITY.— 
Section 5 of the Strategic and Critical Materials Stock Pil-
ing 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 trans-
action’’; 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 ma-
terials determined to be strategic and critical under sec-
tion 3(a) without regard to the requirement of the first 
sentence of paragraph (1) if the Stockpile Manager deter-
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mines there is a shortfall of such materials in the stock-
pile.’’; 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 other-
wise 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 re-
port 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 acqui-
sitions 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 Com-
mittee on Energy and Natural Resources, the 
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Committee on Commerce, Science, and Trans-
portation, and the Select Committee on Intel-
ligence of the Senate; and 
‘‘(B) the Committee on Armed Services, 
the Committee on Foreign Affairs, the Com-
mittee on Natural Resources, the Committee on 
Energy and Commerce, and the Permanent Se-
lect 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 insert-
ing the following: 
‘‘(i) IN GENERAL.—If the taking’’; 
(B) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘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 sub-
clause (II), $50,000,000; and 
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‘‘(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
DE-
SCRIBED.—An 
industrial 
resource 
de-
scribed in this clause is any of the fol-
lowing: 
‘‘(I) A material determined to be 
a strategic and critical material under 
section 3(a) of the Strategic and Crit-
ical 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 nec-
essary for the production, separation, 
or processing of a critical mineral (as 
defined in section 7002(a) of the En-
ergy 
Act 
of 
2020 
(30 
U.S.C. 
1606(a))).’’; and 
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(2) by amending subparagraph (C) to read as 
follows: 
‘‘(C) LIMITATION.—If entering into an ob-
ligation under this section to correct an indus-
trial resource shortfall would cause the aggre-
gate 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 Con-
gress on the nature of the shortfall and the ac-
tion or actions necessary to mitigate the short-
fall.’’. 
SEC. 4. REPORT ON MODIFICATIONS TO NATIONAL TECH-
NOLOGY 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 ‘‘do-
mestic source’’ for purposes of the Defense Produc-
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tion Act of 1950 (50 U.S.C. 4501 et seq.) to ‘‘do-
mestic and allied source’’ and including business 
concerns in Canada, the United Kingdom, and Aus-
tralia 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, socio-
economic procurement requirements, and export con-
trols. 
(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 indus-
trial base’’ has the meaning given that term in sec-
tion 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 Stra-
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tegic and Critical Materials Stock Piling Act (50 
U.S.C. 98h–3). 
Æ 
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