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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 50 U.S.C. § 98e2 Multiyear procurement authority for domestically processed critical minerals us united_states_code code_section 50 WAR AND NATIONAL DEFENSE 5 ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY 98e2 50 U.S.C. § 98e2 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip /us/usc/t50/s98e2 data/legal/raw/us/code/title-50/usc50.xml 478de0cb29926aeca14304ec0c1036ea51cdf549102738c97c106d94e691968f 708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac a41e1c19509ea5966d7fb37b79e4c14258cc60e144eeaf56e8733cc23def5005 2026-07-04 official
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50 U.S.C. § 98e2 - Multiyear procurement authority for domestically processed critical minerals

Text

(a) Authority for multiyear procurement Subject to section 3501 of title 10 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))) 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 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 mineral” means a mineral determined to be a strategic and critical material under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)).

(2) The term “processed” means the processing or recycling of a critical mineral or magnet, including the separation, reduction, metallization, alloying, milling, pressing, strip casting, and sintering of a critical mineral.

(3) The term “domestic source” has the meaning given that term in section 4552 of this title.

(Pub. L. 11831, div. A, title I, § 152, Dec. 22, 2023, 137 Stat. 180.)

Notes

Editorial Notes

References in TextThe Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act June 7, 1939, ch. 190, as added Pub. L. 9641, § 2(a), July 30, 1979, 93 Stat. 319, which is classified generally to this subchapter. For complete classification of this Act to the Code, see Tables.

Codification Section was enacted as part of the National Defense Authorization Act for Fiscal Year 2024, and not as part of the Strategic and Critical Materials Stock Piling Act which comprises this subchapter.