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Title 50, War and National DefenseRelease 119-110

§98e–2 Multiyear Procurement Authority for Domestically Processed Critical Minerals

Title 50 › CHAPTER 5 — ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY › SUBCHAPTER III — ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS › § 98e–2

Last updated Sep 22, 2026|Official source

Summary

The Secretary of Defense can sign one or more multiyear contracts to buy critical minerals that are processed in the United States by domestic suppliers. These contracts can use money from the National Defense Stockpile Transaction Fund made available after December 22, 2023, and must follow section 3501 of title 10. Such contracts count as purchases under the Strategic and Critical Materials Stock Piling Act. The Secretary can also make advance purchases starting in fiscal year 2024. Any payment for years after fiscal year 2024 depends on money being available for those later years. Critical mineral — a mineral listed as strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act. Processed — the processing or recycling of a critical mineral, including methods like separation, reduction, alloying, milling, and sintering. Domestic source — has the meaning given in section 4552 of this title.

Full Legal Text

Title 50, §98e–2

War and National Defense, Source: USLM XML via OLRC

(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)
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (b), is act
June 7, 1939, ch. 190, as added Pub. L. 96–41, § 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.

Reference

Citations & Metadata

Citation

50 U.S.C. § 98e–2

Title 50, War and National Defense

Last Updated

Sep 22, 2026

Release point: 119-110