Page:United States Statutes at Large Volume 93.djvu/353

 PUBLIC LAW 96-41—JULY 30, 1979

93 STAT. 321

AUTHORITY FOR STOCKPILE OPERATIONS

"SEC. 5. (a) Except for acquisitions made under the authority of 50 USC 98d. paragraph (3) or (4) of section 6(a), no funds may be obligated or appropriated for acquisition of any material under this Act unless funds for such acquisition have been authorized by law. Funds appropriated for such acquisition (and for transportation related to such acquisition) shall remain available for a period of five fiscal years, if so provided in appropriation Acts. "(b) Except for disposals made under the authority of paragraph (4) or (5) of section 6(a) or under section 7(a), no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, has been specifically authorized by law. "(c) There is authorized to be appropriated such sums as may be Appropriation necessary to provide for the transportation, processing, refining, authorization. storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts. STOCKPILE M A N A G E M E N T

"SEC. 6. (a) The President shall— 50 USC 98e. "(1) acquire the materials determined under section 3(a) to be strategic and critical materials; "(2) provide for the proper storage, security, and maintenance of materials in the stockpile; "(3) provide for the refining or processing of any material in the stockpile when necessary to convert such material into the form most suitable for storage and subsequent disposition; "(4) provide for the rotation of any material in the stockpile when necessary to prevent deterioration of such material by replacement of such material with an equivalent quantity of substantially the same material; "(5) 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 "(6) dispose of materials in the stockpile the disposal of which is specifically authorized by law. "(b) Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this Act shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) and in section 7(a), disposal of materials from the stockpile shall be made by formal advertising or competitive negotiation procedures. To the maximum extent feasible— "(1) competitive procedures shall be used in the acquisition and disposal of such materials; "(2) efforts shall be made in the acquisition and disposal 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; and "(3) disposal of such materials shall be made for domestic consumption. "(c)(1) The President shall encourage the use of barter in the Barter, acquisition of strategic and critical materials for, and the disposal of

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