50 U.S.C. § 98f — Special Presidential disposal authority

Page 38 TITLE 50—WAR AND NATIONAL DEFENSE § 98f 1 So in original. Probably should be followed by a comma. of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter. § 98f. Special Presidential disposal authority (a) Materials in the stockpile may be released for use, sale, or other disposition— (1) on the order of the President, at any time the President determines the release of such materials is required for purposes of the na- tional defense; (2) in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense; and (3) on the order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has designated the Under Sec- retary to have authority to issue release or- ders under this subsection and, in the case of any such order, if the Under Secretary deter- mines that the release of such materials is re- quired for use, manufacture, or production for purposes of national defense. (b) Any order issued under subsection (a) shall be promptly reported by the President, or by the officer or employee issuing such order, in writ- ing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives. (June 7, 1939, ch. 190, § 7, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 322; amended Pub. L. 104–106, div. A, title XV, § 1502(e)(2), Feb. 10, 1996, 110 Stat. 509; Pub. L. 106–65, div. A, title X, § 1067(13), Oct. 5, 1999, 113 Stat. 775; Pub. L. 112–239, div. A, title XIV, § 1413(a), Jan. 2, 2013, 126 Stat. 2048; Pub. L. 116–92, div. A, title IX, § 902(90), Dec. 20, 2019, 133 Stat. 1554.) Editorial Notes PRIOR PROVISIONS A prior section 98f, acts June 7, 1939, ch. 190, § 7, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599, related to investigations of domestic ores, minerals, and agri- culture resources for purposes of development, etc., prior to repeal by section 2(a) of Pub. L. 96–41. Provisions similar to those in this section were con- tained in former section 98d of this title prior to repeal by Pub. L. 96–41. AMENDMENTS 2019—Subsec. (a)(3). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. 2013—Subsec. (a)(3). Pub. L. 112–239 added par. (3). 1999—Subsec. (b). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (b). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and House of Representatives’’. § 98g. Materials development and research (a) Development, mining, preparation, treatment, and utilization of ores and other mineral substances (1) The President shall make scientific, technologic, and economic investigations con- cerning the development, mining, preparation, treatment, and utilization of ores and other mineral substances that (A) are found in the United States, its territories or possessions, or in a reliable source 1 (B) are essential to the na- tional defense, industrial, and essential civilian needs of the United States, and (C) are found in known domestic sources in inadequate quan- tities or grades. (2) Such investigations shall be carried out in order to develop new sources of strategic and critical materials, develop substitutes, or con- serve domestic sources and reliable sources of supply for such strategic and critical materials. (3) Investigations under paragraph (1) may be carried out on public lands and, with the con- sent of the owner, on privately owned lands for the purpose of exploring and determining the ex- tent and quality of deposits of such minerals, the most suitable methods of mining and beneficiating such minerals, and the cost at which the minerals or metals may be produced. (b) Development of sources of supplies of agri- cultural materials; use of agricultural com- modities for manufacture of materials The President shall make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricultural commodities for the manufac- ture of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material or substitutes therefor. (c) Development of sources of supply of other materials; development or use of alternative methods for refining or processing materials in stockpile The President shall make scientific, technologic, and economic investigations con- cerning the feasibility of— (1) developing domestic sources of supply of materials (other than materials referred to in subsections (a) and (b)) determined pursuant to section 98b(a) of this title to be strategic and critical materials; and (2) developing or using alternative methods for the refining or processing of a material in the stockpile so as to convert such material into a form more suitable for use during an emergency or for storage. (d) Grants and contracts to encourage conserva- tion of strategic and critical materials The President shall encourage the conserva- tion of domestic sources of any material deter- mined pursuant to section 98b(a) of this title to be a strategic and critical material by making grants or awarding contracts for research re- garding the development of— (1) substitutes for such material; or (2) more efficient methods of production or use of such material.