Hearings, Reports and Prints of the Senate Committee on Armed Services

(2) by adding after such paragraph the following new paragraph: "(f) establish a program which (1) shall provide for the acquisition of strategic and critical materials from foreign countries through barter of goods owned by the United States, and (2) shall include provisions adequate to assure the active cooperation and participation of each appropriate department and agency, as determined by the President, having custody of goods owned by the United States which are deemed suitable for barter with foreign countries.".

SEC. 2. Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended by adding at the end the following new sentence: "Each report submitted under this section shall include a detailed report on the efforts of each appropriate department and agency (as determined by the President under section 3(f)) to acquire strategic and critical materials through barter with foreign countries under the program established pursuant to section 3(f).". SEC. 3. Section 8 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98g) is amended to read as follows:

"SEC. 8. (a) (1) No funds may be appropriated or obligated for procurement of materials under this Act unless funds for such procurement have been specifically authorized by law.

"(2) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for transportation, maintenance. rotation, storage, refining, and processing of the materials to be acquired under this Act, such sums as the Congress, from time to time, may deem necessary to carry out the provisions of this Act.

"(3) Funds appropriated for procurement of materials under this Act. and funds appropriated for transportation, maintenance, rotation, storage, refining, and processing materials to be acquired under this Act, including funds beretofore appropriated for such purposes, shall remain available to carry out the purposes for which appropriated until expended.

"(b) Excess materials in the inventory maintained under the Defense Production Act of 1950 (50 U.S.C. App. 2061-2166) and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, wihout reimbursement, for transfer at fair market value as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials pursuant to section 3.". SEC. 4. Section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) is amended to read as follows:

"SEC. 9. (a) There is established in the Treasury of the United States a separate fund to be known as the Strategic and Critical Materials Procurement Fund (hereinafter in this section referred to as the 'fund'). All moneys received after the effective date of this section on account of sales of materials under this Act shall be covered into the fund.

"(b) (1) Moneys covered into the fund shall be available, when appropriated therefor, only for the procurement, transportation, maintenance, rotation, storage, refining, or processing of materials under this Act.

"(2) Any moneys covered into the fund which are appropriated shall remain available. without fiscal year limitation, for the purposes for which they are appropriated until they are expended.

"(c) The Administrator of General Services shall submit a report to the Congress not later than the first day of January of each vear on the financial condition and the results of the operation of the fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. Such report shall be printed as a House document of the session of the Congress to which the report is made.".

SEC. 5 (a) Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of enactment of this Act.

(b) The amendment made by section 3 shall apply with respect to fiscal year 1978 and each fiscal year thereafter.

Passed the House of Representatives March 31, 1977.

Attest:

EDMUND L. HENSHAW, Jr., Clerk.

[S. 1198, 95th Cong., 1st sess.]

A BILL To amend the Strategic and Critical Materials Stock Piling Act, and for other

purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b) is amended

(1) by striking out the period at the end of paragraph (e) and inserting in lieu thereof "; and": and

"SEC. 8. (a) (1) No funds may be appropriated or obligated for procurement of materials under this Act unless funds for such procurement have been specifically authorized by law.

"(2) There is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, for transportation, maintenance, rotation, storage, refining, and processing of the materials to be acquired under this Act, such sums as the Congress, from time to time, may deem necessary to carry out the provisions of this Act.

"(3) Funds appropriated for procurement of materials under this Act, and funds appropriated for transportation, maintenance, rotation, storage, refining, and processing materials to be acquired under this Act, including funds heretofore appropriated for such purposes, shall remain available to carry out the purposes for which appropriated until expended.

"(b) Excess materials in the inventory maintained under the Defense Production Act of 1950 (50 U.S.C. App. 2061-2166) and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be available, without reimbursement, for transfer at fair market value as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3.".

SEC. 4. Section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) is amended to read as follows:

(2) Any moneys covered into the fund which are appropriated shall remain available, without fiscal year limitation, for the purposes for which they are appropriated until they are expended.

(c) The Administrator of General Services shall submit a report to the Congress not later than the first day of January of each year on the financial condition and the results of the operation of the fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. Such report shall be printed as a Senate document of the session of the Congress to which the report is made.".

SEC. 5. (a) Except as provided in subsection (b), the amendments made by this Act shall take effect on the date of enacment of this Act.

(b) The amendment made by section 3 shall apply with respect to fiscal year 1978 and each fiscal year thereafter.

[S. 1810, 95th Cong., 1st sess.]

A BILL To amend the Strategic and Critical Materials Stock Piling Act in order to prescribe the method for determining the quantity of any material to be stockpiled under such Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Strategic and Critical Materials Stock Piling Act Amendments of 1977".

SEC. 2. (a) Section 2(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h (a)) is amended to read as follows:

"(a) To effectuate the policy set forth in the first section of this Act, determinations shall be made from time to time, as provided in this section, regarding which materials are strategic and critical to the United States and the quantities of such materials that should be stockpiled under this Act.".

(b) Section 2 of such Act is further amended by redesignating subsection (b) as subsection (c) and adding after subsection (a), as amended by subsection (a) of this section, a new subsection (b) to read as follows:

"(b) (1) The President shall appoint an interagency committee composed of representatives from appropriate departments and agencies of the Government to determine which materials are to be acquired under this Act and what classification such materials shall be assigned under paragraph (2).

"(2) Materials selected to be stockpiled under this Act shall be classified by the interagency advisory committee provided for in paragraph (1) as being one of the three classes prescribed below, as appropriate:

"(A) Class A materials are those materials not produced in the United States or produced in the United States in limited quantities, are necessary for the security of the United States, are essential to the economy of the United States, and are primarily obtained from foreign sources.

"(B) Class B materials are those materials produced in the United States but are not available in sufficient quantities in the United States to offer the potential for meeting total domestic needs, are necessary to the security of the United States, are essential to the economy of the United States, and are obtained to a substantial extent from foreign sources.

"(C) Class C materials are those materials produced in substantial quantities in the United States, are available in sufficient quantities to meet total domestic requirements, are necessary to the security of the United States, are essential to the economy of the United States, and are obtained to a lesser extent from foreign sources.

"(3) The quantity of any material to be acquired under this Act (stockpile objective) shall be determined as follows:

"(A) The stockpile objective for any material designated as a Class A material shall be a quantity equal to three years' domestic net imports of such material.

"(B) The stockpile objective for any material designated as a class B material shall be a quantity equal to two years' domestic net imports of such material.

"(C) The stockpile objective for any material designated as a class C material shall be a quantity equal to one years' net imports of such material. "(4) Subject to appropriate adjustments under paragraph (5), a year's domestic net imports of any material for purposes of clause (A), (B), or (C) of paragraph (3) shall be a quantity of the material equal to the average annual imports of such material during the five calendar years immediately preceding the calendar year in which the determination for the stockpile objective is being made (base period), plus the average annual sales or minus the average annual purchases of such material made from the stockpile during such five-year base period, reduced by the average annual exports of such material during such five-year base period.

"(5) In determining the quantity under paragraph (4) of any material to be acquired for the stockpile appropriate adjustments shall be made in the com

putations made under such paragraph in the case of any material which is acquired in both its crude form and in its refined or processed form so as to avoid duplicate calculations with respect to the same material.

"(6) The stockpile objective for any material acquired for the stockpile under this Act shall be reviewed once every four years by the interagency committee referred to in paragraph (1). A revised objective for such material shall be established only if the average annual quantity of imports of such material during the five calendar years immediately preceding the current calendar year increased or decreased by more than 10 per centum of the average annual quantity of such material imported during the base period applicable to such material at the time of the preceding mandatory review under this paragraph.

“(7) Nothing in paragraph (6) shall be construed to prohibit the head of the agency and the advisory committee referred to in paragraph (2) from conducting a review of the stockpile objective for any material at any time other than that prescribed by paragraph (6) but in any case in which such committee determines that the stockpile objective for any material should be computed in a manner other than that prescribed in paragraph (3), the head of the agency shall notify the Congress in writing of that determination and set forth the proposed new formula for computing the stockpile objective for such material. The new formula shall become effective with respect to such material unless, within a period of ninety days after the day on which the Congress was notified by the head of the agency, either House of the Congress agrees to a resolution disapproving such formula.".

“(d) As used in this section, the term 'head of the agency' means the head of the agency charged with responsibility for administering the provisions of this Act.".

SEC. 3. Section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b) is amended

(1) by striking out the period at the end of paragraph (e) and inserting in lieu thereof "; and"; and

SEC. 4. Section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) is amended by adding at the end the following new sentence: "Each report submitted under this section shall include a detailed report on the efforts of each appropriate department and agency (as determined by the President under section 3 (f)) to acquire strategic and critical materials through barter with foreign countries under the program established pursuant to section 3 (f).”.

SEC. 5. Section 8 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98g) is amended to read as follows:

"SEC. 8. (a) (1) No funds may be appropriated or obligated for procurement of materials under this Act unless funds for such procurement have been specifically authorized by law.

(b) Excess materials in the inventory maintained under the Defense Production Act of 1950 (50 U.S.C. App. 2061-2166) and excess materials in the national stockpile and supplemental stockpile, the disposition of which is authorized by law, shall be avaliable, without reimbursement, for transfer at fair market

value as payment for expenses (including transportation and other accessorial expenses) of acquisition of materials, or of refining, processing, or otherwise beneficiating materials, or of rotating materials, pursuant to section 3.".

SEC. 6. Section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) is amended to read as follows:

"(2) Any moneys covered into the fund which are appropriated shall remain available, without fiscal year limitation, for the purposes for which they are appropriated until they are expended.

"(c) The Administrator of General Services shall submit a report to the Congress not later than the first day of January of each year on the financial condition and the results of the operation of the fund during the preceding fiscal year and on its expected condition and operations during the next fiscal year. Such report shall be printed as a House and Senate document of the session of the Congress to which the report is made.".

SEC. 7. (a) The amendments made by section 2 of this Act shall become effective on the first day of the first calendar month following the month in which this Act is enacted.

(b) The amendments made by sections 3, 4, and 6 of this Act shall take effect on the date of enactment of this Act.

(c) The amendment made by section 5 of this Act shall apply with respect to fiscal year 1978 and each fiscal year thereafter.

[S. 2167, 95th Cong., 1st sess.]

A BILL To assist in increasing the depressed price of copper in the United States by authorizing the purchase of a quantity of such metal for inclusion in the national stockpile, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any other provision of law, the Administrator of General Services shall (1) sell thirty thousand tons of tin from the stocks of the national stockpile (established under the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98-98h-1) or the supplemental stockpile (established under section 104 (b) of the Agricultural Trade Development and Assistance Act of 1954), or from both such stockpiles, and (2) use the proceeds of such sale to purchase a quantity of copper not in excess of two hundred and fifty thousand tons. Any copper purchased under authority of this Act shall be added to and made a part of the national stockpile referred to above.

[S. 2181, 95th Cong., 1st sess.]

A BILL To authorize a contribution by the United States to the Tin Buffer Stock established under the Fifth International Tin Agreement

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the President, on behalf of the United States, is authorized to contribute with or without monetary compensation, up to five thousand long tons of tin metal to the Tin Buffer Stock established under the Fifth International Tin Agreement at such time, and in accordance with such conditions as he may establish.

SEC. 2. Notwithstanding any other provision of law, the Administrator of the General Services Administration is authorized to transfer to the International Tin Council without reimbursement such amount of tin metal not exceeding five thousand long tons as may be directed by the President for the purpose set forth in section 1: Provided, That such amount has been determined to be excess pursuant to section 2 of the Strategic and Critical Materials Stock Piling Act.

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