50 U.S.C. § 98g — Materials development and research

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. Page 39 TITLE 50—WAR AND NATIONAL DEFENSE § 98h 1 See References in Text note below. (June 7, 1939, ch. 190, § 8, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 322; amended Pub. L. 101–189, div. C, title XXXIII, § 3311, Nov. 29, 1989, 103 Stat. 1686; Pub. L. 118–31, div. A, title XIV, § 1411(e)(2)(B), Dec. 22, 2023, 137 Stat. 527.) Editorial Notes PRIOR PROVISIONS A prior section 98g, act June 7, 1939, ch. 190, § 8, as added July 23, 1946, ch. 590, 60 Stat. 600; amended 1953 Reorg. Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, § 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175, authorized appropriations for pro- curement, transportation, maintenance, rotation, stor- age, and refining or processing of materials acquired under this subchapter, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98d(c) of this title. Provisions similar to those in this section were con- tained in former section 98f of this title prior to repeal by Pub. L. 96–41. AMENDMENTS 2023—Subsec. (a)(1). Pub. L. 118–31, § 1411(e)(2)(B)(i), substituted ‘‘its territories or possessions, or in a reli- able source’’ for ‘‘or in its territories or possessions,’’. Subsec. (a)(2). Pub. L. 118–31, § 1411(e)(2)(B)(ii), sub- stituted ‘‘in order to develop new sources of strategic and critical materials, develop substitutes, or conserve domestic sources and reliable sources of supply for such strategic and critical materials.’’ for ‘‘in order to— ‘‘(A) determine and develop new domestic sources of supply of such ores and mineral substances; ‘‘(B) devise new methods for the treatment and uti- lization of lower grade reserves of such ores and min- eral substances; and ‘‘(C) develop substitutes for such essential ores and mineral products.’’ 1989—Subsecs. (c), (d). Pub. L. 101–189 added subsecs. (c) and (d). Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this sec- tion delegated to Secretary of the Interior and func- tions of President under subsec. (b) of this section dele- gated to Secretary of Agriculture by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title. § 98h. National Defense Stockpile Transaction Fund (a) Establishment There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the ‘‘fund’’). (b) Fund operations (1) All moneys received from the sale of mate- rials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title 1 shall be covered into the fund. (2) Subject to section 98d(a)(1) of this title, moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes: (A) The acquisition, maintenance, and dis- posal of strategic and critical materials under section 98e(a) of this title. (B) Transportation, storage, and other inci- dental expenses related to such acquisition, maintenance, and disposal. (C) Development of current specifications of stockpile materials and the upgrading of exist- ing stockpile materials to meet current speci- fications (including transportation, when eco- nomical, related to such upgrading). (D) Encouraging the appropriate conserva- tion of strategic and critical materials. (E) Testing and quality studies of stockpile materials. (F) Studying future material and mobiliza- tion requirements for the stockpile. (G) Activities authorized under section 98h–6 of this title. (H) Contracting under competitive proce- dures for materials development and research to— (i) improve the quality and availability of materials stockpiled from time to time in the stockpile; and (ii) develop new materials for the stock- pile. (I) Improvement or rehabilitation of facili- ties, structures, and infrastructure needed to maintain the integrity of stockpile materials. (J) Disposal of hazardous materials that are stored in the stockpile and authorized for dis- posal by law. (K) Performance of environmental remedi- ation, restoration, waste management, or compliance activities at locations of the stockpile that are required under a Federal law or are undertaken by the Government under an administrative decision or nego- tiated agreement. (L) Pay of employees of the National De- fense Stockpile program. (M) Other expenses of the National Defense Stockpile program. (3) Moneys in the fund shall remain available until expended. (c) Moneys received from sale of materials being rotated or disposed of All moneys received from the sale of materials being rotated under the provisions of section 98e(a)(4) of this title or disposed of under section 98f(a) of this title shall be covered into the fund and shall be available only for the acquisition of replacement materials. (d) Effect of bartering If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrad- ing, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall— (1) be applied toward the total value of ma- terials that are authorized to be disposed of from the stockpile during that fiscal year; (2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and (3) not increase or decrease the balance in the fund.