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50 U.S.C. § 98e–2 — Multiyear procurement authority for domestically processed critical minerals

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98e–2 — Multiyear procurement authority for domestically processed critical minerals

**(a) Authority for multiyear procurement** Subject to [section 3501 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3501&num=0&edition=prelim) and from amounts made available by discretionary appropriations Acts from the National Defense Stockpile Transaction Fund (as established under section 9(a) of the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98h(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h/a&num=0&edition=prelim))) after December 22, 2023, the Secretary of Defense may enter into one or more multiyear contracts for the procurement of critical minerals that are processed in the United States by domestic sources. **(b) Application of Strategic and Critical Materials Stock Piling Act** A multiyear contract entered into under this section shall be deemed to be an acquisition under the Strategic and Critical Materials Stock Piling Act ([50 U.S.C. 98](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98&num=0&edition=prelim) et seq.). **(c) Authority for advance procurement** The Secretary of Defense may enter into one or more contracts, beginning in fiscal year 2024, for advance procurement associated with the domestically processed critical minerals for which authorization to enter into a multiyear procurement contract is provided under subsection (a). **(d) Condition for out-year contract payments** A contract entered into under subsection (a) shall provide that any obligation of the United States to make a payment under the contract for a fiscal year after fiscal year 2024 is subject to the availability of appropriations or funds for that purpose for such later fiscal year. **(e) Definitions** In this section: (1) The term “critical miner

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Source location: Title 50, Chapter 5, § 98e–2; chapter-005-arsenals-armories-arms-and-war-material-generally.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3501 — Multiyear contracts: acquisition of property

**(a) In General.—** To the extent that funds are otherwise available for obligation, the head of an agency may enter into multiyear contracts for the purchase of property whenever the head of that agency finds each of the following: (1) That the use of such a contract will result in— (A) savings of the total anticipated costs of carrying out the program through annual contracts; or (B) necessary defense industrial base stability not otherwise achievable through annual contracts. (2) That the minimum need for the property to be purchased is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities. (3) That there is a reasonable expectation that throughout the contemplated contract period the head of the agency will request funding for the contract at the level required to avoid contract cancellation. (4) That there is a stable design for the property to be acquired and that the technical risks associated with such property are not excessive. (5) That the estimates of both the cost of the contract and the anticipated cost avoidance through the use of a multiyear contract are realistic. (6) In the case of a purchase by the Department of Defense, that the use of such a contract will promote the national security of the United States. (7) In the case of a contract in an amount equal to or greater than $500,000,000, that the conditions required by subparagraphs (C) through (F) of subsection (i)(3) will be met, in accordance with the Secretary’s certification and determination under such subsection, by such contract. **(b) Regulations.—** (1) Each official named in paragraph (2) shall prescribe acquisition regulations for the agency or agencies under the jurisdiction o

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3501

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4552 — Reports on exercise of authorities

**(a) In general** The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities— (1) except as provided by paragraph (2), not later than 30 days after taking the action; and (2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action. **(b) Elements** (1) **In general** — Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include— (A) a justification of the necessity of the use of authorities under this subchapter; and (B) a description of the financial terms of any related financial transaction. (2) **Additional elements relating to business concerns in the United Kingdom or Australia** — Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)— (A) a certification that business concerns in the United States or Canada were not available with respect to the action; and (B) an analysis of why such business concerns were not available. **(c) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means— (1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and (2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in [section 4552(7)(B)(ii)(II)(bb) of this title](https://usco

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98 — Short title

This subchapter may be cited as the “Strategic and Critical Materials Stock Piling Act”.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98 — Short title

Page 28 TITLE 50—WAR AND NATIONAL DEFENSE § 98 SUBCHAPTER III—ACQUISITION AND DE- VELOPMENT OF STRATEGIC RAW MATE- RIALS § 98. Short title This subchapter may be cited as the ‘‘Stra- tegic and Critical Materials Stock Piling Act’’. (June 7, 1939, ch. 190, § 1, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319.) Editorial Notes PRIOR PROVISIONS A prior section 98, acts June 7, 1939, ch. 190, § 1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596, related to declaration of Congressional policy in enacting this subchapter, prior to repeal by section 2(a) of Pub. L. 96–41. Statutory Notes and Related Subsidiaries SHORT TITLE OF 1987 AMENDMENT Pub. L. 100–180, div. C, title II, § 3201, Dec. 4, 1987, 101 Stat. 1245, provided that: ‘‘This title [enacting section 98h–5 of this title, amending sections 98a, 98b, 98d, 98e–1, 98h, 98h–2, and 98h–4 of this title, enacting provisions set out as a note under section 98e–1 of this title, and repealing provisions set out as a note under this sec- tion] may be cited as the ‘National Defense Stockpile Amendments of 1987’.’’ SHORT TITLE OF 1979 AMENDMENT Pub. L. 96–41, § 1, July 30, 1979, 93 Stat. 319, provided: ‘‘That this Act [enacting this section and sections 98a to 98h–3 of this title, redesignating former section 98h–1 of this title as 98h–4 of this title, amending section 4533 of this title, sections 1743 and 1745 of Title 7, Agri- culture, section 741b of Title 15, Commerce and Trade, and section 485 of former Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section] may be cited as the ‘Strategic and Critical Materials Stock Piling Revision Act of 1979’.’’ SHORT TITLE Act Ju

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 98

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98b — National Defense Stockpile

**(a) Determination of materials; quantities** Subject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in [section 98c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98c&num=0&edition=prelim), shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the “stockpile”). **(b) Guidelines for exercise of Presidential authority** The President shall make the determinations required to be made under subsection (a) on the basis of the principles stated in [section 98a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98a/c&num=0&edition=prelim). **(c) Quantity change; notification to Congress** (1) The quantity of any material to be stockpiled under this subchapter, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after December 4, 1987. (2) The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. The President may make the increase after the end of the 30-day period beginning on the date of the notification. The President shall include a full explanation and justification for the proposed increase with the notification.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98b

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98b — National Defense Stockpile

Page 29 TITLE 50—WAR AND NATIONAL DEFENSE § 98b fense for Acquisition and Sustainment (Under Sec- retary) is designated to have authority to release stra- tegic and critical materials from the National Defense Stockpile. SEC. 3. Execution and Consultation. In executing the authority conferred by this order, the Under Secretary may release strategic and critical materials from the National Defense Stockpile for use, sale, or other dis- position only when required for use, manufacture, or production for purposes of national defense. No release is authorized for economic or budgetary purposes. Prior to ordering the release of strategic and critical mate- rials from the National Defense Stockpile, the Under Secretary shall consult with the heads of relevant exec- utive departments and agencies. SEC. 4. Authority. (a) All previously issued orders, reg- ulations, rulings, certificates, directives, and other ac- tions relating to any function affected by this order shall remain in effect except to the extent that they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or another assignment of authority under the Strategic and Critical Materials Stock Piling Act. (b) Nothing in this order shall affect the authorities assigned under Executive Order 13603 of March 16, 2012 (National Defense Resources Preparedness) [50 U.S.C. 4553 note]. SEC. 5. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive de- partment or agency, or the head thereof; or (ii) the functions of the Director of the Office of Man- agement and Budget re

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 98b

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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 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

50 U.S.C. § 98h — National Defense Stockpile Transaction

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 lowe

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 98h

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