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50 U.S.C. § 98h–6 — Development and conservation of reliable sources
Federal law — U.S. Code and appendices · legal_authorities
**(a) Duties** Subject to subsection (d), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—
(1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;
(2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;
(3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;
(4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under [section 98h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h&num=0&edition=prelim); and
(5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—
(A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government;
(B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility stu
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98h–6
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Stable record: federal_law:legal_authorities:record_usc_8c0c0ee9ceec93e4fca6f477
Source file: Laws/federal/codes/united-states-code/title-50/section-98h6-development-and-conservation-of-reliable-sources--146fd85892.md
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Source location: Title 50, Chapter 5, § 98h–6; chapter-005-arsenals-armories-arms-and-war-material-generally.md
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**(a) Duties** Subject to subsection (d), the National Defense Stockpile Manager shall encourage the development and appropriate conservation of reliable sources of strategic and critical materials—
(1) by purchasing, or making a commitment to purchase, strategic and critical materials from reliable sources when such materials are needed for the stockpile;
(2) by contracting with facilities located in and owned and controlled by reliable sources, or making a commitment to contract with such facilities, for the processing or refining of strategic and critical materials in the stockpile when processing or refining is necessary to convert such materials into a form more suitable for storage or disposition or meeting stockpile requirements;
(3) by qualifying facilities located in and owned and controlled by reliable sources, or qualifying strategic and critical materials produced by such facilities, to meet stockpile requirements;
(4) by contracting with facilities located in and owned and controlled by reliable sources to recycle strategic and critical materials to meet stockpile requirements or increase the balance of the National Defense Stockpile Transaction Fund under [section 98h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h&num=0&edition=prelim); and
(5) by entering into an agreement to co-fund a bankable feasibility study for a project for the development of strategic and critical materials located in and owned and controlled by a reliable source, if the agreement—
(A) limits the liability of the stockpile to not more than the total funding provided by the Federal Government;
(B) limits the funding contribution of the Federal Government to not more than 50 percent of the cost of the bankable feasibility study; and
(C) does not obligate the Federal Government to purchase strategic and critical materials from the reliable source.
**(b) Additional authorities**
(1) **Extended contracting authority**
(A) *In general* — The term of a contract or commitment made under subsection (a) may not exceed ten years.
(B) *Preexisting contracts* — A contract entered into before December 22, 2023, for a term of more than ten years may be extended, on or after December 22, 2023, for a total of not more than an additional ten years pursuant to any option or options set forth in the contract.
(2) **Matters relating to co-funding of bankable feasibility studies** — To the extent authorized by Congress pursuant to the Defense Production Act of 1950 ([50 U.S.C. 4501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4501&num=0&edition=prelim) et seq.) and determined to be required by the President pursuant to that Act, the National Defense Stockpile Manager may provide for loans or procure debt issued by other entities to carry out a project for the development of strategic and critical materials with respect to which a study was carried out under subsection (a)(5).
**(c) Proposed transactions included in annual materials plan** Descriptions of proposed transactions under subsection (a) shall be included in the Annual Materials and Operations Plan. Changes to any such transaction, or the addition of a transaction not included in such plan, shall be made in accordance with [section 98d(a)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98d/a/2&num=0&edition=prelim).
**(d) Availability of funds** The authority of the National Defense Stockpile Manager to enter into obligations under this section is effective for any fiscal year only to the extent that funds in the National Defense Stockpile Transaction Fund under [section 98h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h&num=0&edition=prelim) are adequate to meet such obligations.
**(e) Bankable feasibility study defined** In this section, the term “bankable feasibility study” means a comprehensive technical and economic study—
(1) of the selected option for a strategic and critical materials development project that includes appropriately detailed assessments of realistically assumed extraction, processing, metallurgical, economic, marketing, legal, environmental, social, and governmental considerations and any other relevant operational factors and detailed financial analysis, that are necessary to demonstrate at the time of reporting that production is reasonably justified; and
(2) that may reasonably serve as the basis for a final decision by a proponent of a project or financial institution to proceed with, or finance, the development of the project.
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Federal law — U.S. Code and appendices · legal_authorities
**(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 materials in the stockpile under paragraphs (5) and (6) of [section 98e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98e/a&num=0&edition=prelim) 11 See References in Text note below. shall be covered into the fund.
(2) Subject to [section 98d(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98d/a/1&num=0&edition=prelim), 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 disposal of strategic and critical materials under [section 98e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98e/a&num=0&edition=prelim).
(B) Transportation, storage, and other incidental expenses related to such acquisition, maintenance, and disposal.
(C) Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading).
(D) Encouraging the appropriate conservation of strategic and critical materials.
(E) Testing and quality studies of stockpile materials.
(F) Studying future material and mobilization requirements for the stockpile.
(G) Activities authorized under [section 98h–6 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-titl
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98h
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Except as provided in subsection (b), any information or documentary material filed with the Secretary or the Secretary’s designee pursuant to this subchapter shall be exempt from disclosure under [section 552(b)(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552/b/3&num=0&edition=prelim), and no such information or documentary material may be made public.
**(b) Exceptions** Subsection (a) shall not prohibit the disclosure of the following, subject to appropriate confidentiality and classification requirements:
(1) Information relevant to any administrative or judicial action or proceeding.
(2) Information to Congress or any duly authorized committee or subcommittee of Congress.
(3) Information important to the national security analysis or actions of the Secretary to any domestic governmental entity, or to any foreign governmental entity of a United States ally or partner, under the exclusive direction and authorization of the Secretary, only to the extent necessary for national security purposes, and subject to appropriate confidentiality and classification requirements.
(4) Identity of a covered foreign person in the public database described in [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4585&num=0&edition=prelim).
(5) Information that the parties have consented to be disclosed to third parties.
(6) Information gathered by the Secretary or the Secretary’s designee where the disclosure is determined to be in the national security interest, which may include publication of anonymized data.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4501
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Federal law — U.S. Code and appendices · legal_authorities
Page 1102
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4501
Sec.
4558.
Voluntary agreements and plans of action for
preparedness programs and expansion of
production capacity and supply.
4559.
Public participation in rulemaking.
4560.
Employment of personnel; appointment poli-
cies; nucleus executive reserve; use of con-
fidential information by employees; print-
ing and distribution of reports.
4561.
Authorization of appropriations; availability
of funds.
4562.
Territorial application of chapter.
4563.
Separability.
4564.
Termination of chapter.
4565.
Authority to review certain mergers, acquisi-
tions, and takeovers.
4566.
Prohibition on purchase of United States de-
fense contractors by entities controlled by
foreign governments.
4567.
Defense Production Act Committee.
4568.
Annual report on impact of offsets.
TERMINATION DATE
For termination of certain provisions of this
chapter, see section 4564(a) of this title.
Editorial Notes
CODIFICATION
Act Sept. 8, 1950, ch. 932, 64 Stat. 798, comprising this
chapter, was formerly set out in the Appendix to this
title, prior to the elimination of the Appendix to this
title and the editorial reclassification of the Act as this
chapter. For disposition of sections of the former Ap-
pendix to this title, see Table II, set out preceding sec-
tion 1 of this title.
Chapter is comprised of the portions of act Sept. 8,
1950, ch. 932, as amended, that had not previously been
repealed when the Act was editorially reclassified as
this chapter. As enacted, this Act contained titles I
through VII. Titles II, IV, V, and VI of the Act were re-
pealed by Pub. L. 111–67, § 2(a)(2), Sept. 30, 2009, 123 Stat.
2007. Titles I, III, and VII of the Act have been codified
in this chapter to appear as subchapters I to
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4501
Stored review status: historical_2024_not_currentness_verified. The source passage cites 50 U.S.C. § 4501. This identifies an authority to review, not proof of applicability.