Page:United States Statutes at Large Volume 111 Part 2.djvu/978

 Ill STAT. 2058 PUBLIC LAW 105-85—NOV. 18, 1997 Defense Stockpile so as to result in receipts to the United States in amounts equal to— (1) $20,000,000 during fiscal year 2003; (2) $30,000,000 during fiscal year 2004; (3) $34,000,000 during fiscal year 2005; (4) $34,000,000 during fiscal year 2006; and (5) $34,000,000 during fiscal year 2007. (b) LIMITATION ON DISPOSAL QUANTITY.—The total quantity of cobalt authorized for disposal by the President under subsection (a) may not exceed 14,058,014 pounds. (c) MINIMIZATION OF DISRUPTION AND LOSS.—The President may not dispose of cobalt under subsection (a) to the extent that the disposal will result in— (1) undue disruption of the usual markets of producers, processors, and consumers of cobalt; or (2) avoidable loss to the United States. (d) TREATMENT OF RECEIPTS. —Notwithstanding section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the disposal of cobalt under subsection (a) shall be deposited into the general fund of the Treasury. (e) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY. —The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding materials in the National Defense Stockpile. SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF STRATEGIC AND CRITICAL MATERIALS. Section 6(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(b)) is amended in the first sentence by striking out "materials from the stockpile shall be made by formal advertising or competitive negotiation procedures." and inserting in lieu thereof "strategic and critical materials from the stockpile shall be made in accordance with the next sentence.". SEC. 3307. RETURN OF SURPLUS PLATINUM FROM THE DEPARTMENT OF THE TREASURY. (a) RETURN OF PLATINUM TO STOCKPILE. —Subject to subsection (b), the Secretary of the Treasury, upon the request of the Secretary of Defense, shall return to the Secretary of Defense for sale or other disposition platinum of the National Defense Stockpile that has been loaned to the Department of the Treasury by the Secretary of Defense, acting as the stockpile manager. The quantity requested and required to be returned shall be any quantity that the Secretary of Defense determines appropriate for sale or other disposition. (b) ALTERNATIVE TRANSFER OF FUNDS. —The Secretary of the Treasury, with the concurrence of the Secretary of Defense, may transfer to the Secretary of Defense funds in a total amount that is equal to the fair market value of any platinum requested under subsection (a) and not returned. A transfer of funds under this subsection shall be a substitute for a return of platinum under subsection (a). Upon a transfer of funds as a substitute for a return of platinum, the platinum shall cease to be part of the National Defense Stockpile. A transfer of funds under this subsection shall be charged to any appropriation for the Department of the Treasury and shall be credited to the National Defense Stockpile Transaction Fund.

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