§ 98e.
(a)
Presidential powers
The President shall—
(2)
provide for the proper storage, security, and maintenance of materials in the stockpile;
(3)
provide for the upgrading, refining, or processing of any material in the stockpile (notwithstanding any intermediate stockpile quantity established for such material) when necessary to convert such material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency;
(4)
provide for the rotation of any material in the stockpile when necessary to prevent deterioration or technological obsolescence of such material by replacement of such material with an equivalent quantity of substantially the same material or better material;
(5)
provide for the appropriate recovery of any strategic and critical materials under
section 98b(a) of this title that may be available from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;
(6)
subject to the notification required by subsection (d)(2), provide for the timely disposal of materials in the stockpile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Government if allowed to deteriorate; and
(7)
subject to the provisions of
section 98d(b) of this title, dispose of materials in the stockpile the disposal of which is specifically authorized by law.
(b)
Federal procurement practices
Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this subchapter shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) and in
section 98f(a) of this title, disposal of strategic and critical materials from the stockpile shall be made in accordance with the next sentence. To the maximum extent feasible—
(1)
competitive procedures shall be used in the acquisition and disposal of such materials; and
(2)
efforts shall be made in the acquisition and disposal of such materials to consult with producers and processors of such materials to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials and to protect the United States against avoidable loss.
(c)
Barter; use of stockpile materials as payment for expenses of acquiring, refining, processing, or rotating materials
(1)
The President shall encourage the use of barter in the acquisition under subsection (a)(1) of strategic and critical materials for, and the disposal under subsection (a)(6) or (a)(7) of materials from, the stockpile when acquisition or disposal by barter is authorized by law and is practical and in the best interest of the United States.
(2)
Materials in the stockpile (the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law) shall be available for transfer at fair market value as payment for expenses (including transportation and other incidental expenses) of acquisition of materials, or of upgrading, refining, processing, or rotating materials, under this subchapter.
(3)
Notwithstanding
section 98b(c) of this title or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing.
(4)
To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile.
([June 7, 1939, ch. 190, § 6], as added [Pub. L. 96–41, § 2(a)], July 30, 1979, [93 Stat. 321]; amended [Pub. L. 97–35, title II, § 203(c)], Aug. 13, 1981, [95 Stat. 382]; [Pub. L. 99–661, div. C, title II, § 3207(b)], Nov. 14, 1986, [100 Stat. 4069]; [Pub. L. 101–189, div. C, title XXXIII, § 3314], Nov. 29, 1989, [103 Stat. 1688]; [Pub. L. 101–510, div. C, title XXXIII, § 3301(a)], (b), Nov. 5, 1990, [104 Stat. 1844]; [Pub. L. 102–190, div. C, title XXXIII, § 3312], Dec. 5, 1991, [105 Stat. 1584]; [Pub. L. 103–337, div. C, title XXXIII, § 3302], Oct. 5, 1994, [108 Stat. 3098]; [Pub. L. 104–106, div. A, title XV, § 1502(e)(1)], Feb. 10, 1996, [110 Stat. 509]; [Pub. L. 104–201, div. C, title XXXIII, § 3312(b)], (c), Sept. 23, 1996, [110 Stat. 2857]; [Pub. L. 105–85, div. C, title XXXIII, § 3306], Nov. 18, 1997, [111 Stat. 2058]; [Pub. L. 106–65, div. A, title X, § 1067(13)],