Sec. 850. ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS
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## SEC. 850 ACQUISITION AND DISPOSAL OF CERTAIN RARE EARTH MATERIALS **[**[50 U.S.C. 89d note](/us/usc/t50/s89d)**]** ###
(a)Authority to Dispose of and Acquire Materials for the National Defense Stockpile ####
(1)Disposal authority Pursuant to section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), the National Defense Stockpile Manager shall dispose of 3,000,000 pounds of tungsten ores and concentrates contained in the National Defense Stockpile (in addition to any amount previously authorized for disposal). ####
(2)Acquisition authority #####
(A)Authority Using funds available in the National Defense Stockpile Transaction Fund, the National Defense Stockpile Manager may acquire the following materials determined to be strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States: ######
(i)Aerospace-grade rayon. ######
(ii)Electrolytic manganese metal. ######
(iii)Pitch-based carbon fiber. ######
(iv)Rare earth cerium compounds. ######
(v)Rare earth lanthanum compounds. #####
(B)Amount of authority The National Defense Stockpile Manager may use up to $37,420,000 in the National Defense Stockpile Transaction Fund for acquisition of the materials specified in this paragraph. ####
(3)Fiscal year limitation The authority under this subsection is available for purchases made during fiscal year 2020 through fiscal year 2024. ###
(b)Sense of Congress Relating to National Defense Stockpile Sales It is the sense of Congress that tantalum should be designated as a strategic and critical material under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.) required to meet the defense, industrial, and essential civilian needs of the United States. ###
(c)Report on Supply Chain Issues for Rare Earth Materials Not later than 180 days after the date of the enactment of this Act, the Administrator of the Defense Logistics Agency, in coordination with the Deputy Assistant Secretary of Defense for Industrial Policy, shall submit a report to Congress assessing issues relating to the supply chain for rare earth materials. Such report shall include the following: ####
(1)An assessment of the rare earth materials in the reserves held by the United States. ####
(2)A estimate of the needs of the United States for rare earth materials— #####
(A)in general; and #####
(B)to support a major near-peer conflict as described in war game scenarios in the 2018 National Defense Strategy. ####
(3)An assessment of the extent to which substitutes for rare earth materials are available. ####
(4)A strategy or plan to encourage the use of rare earth materials mined, refined, processed, melted, or sintered in the United States, or from trusted allies, including an assessment of the best acquisition practices (which shall include an analysis of best value contracting methods) to ensure the viability of trusted suppliers of rare earth materials to meet national security needs.
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- 50 USC 89d
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