AUTHORITY TO BARTER MATERIAL IN THE NATIONAL DEFENSE STOCKPILE TO FINANCE THE UPGRADING. REFINING. OR PROCESSING OF STOCKPILE MATERIAL

SEC. 3301. AUTHORITY TO BARTER MATERIAL IN THE NATIONAL DEFENSE STOCKPILE TO FINANCE THE UPGRADING. REFINING. OR PROCESSING OF STOCKPILE MATERIAL (a) Barter Authorized.— Subsection (c) of section 6 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e) is amended— (1) by redesignating paragraph (3) as paragraph (4); and (2) by inserting after paragraph (2) the following new paragraph: “(3) Notwithstanding section 3(c) or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a material in the stockpile to convert that material into a form more suitable for storage, subsequent disposition, and immediate use in a national emergency, the President may barter a portion of the same material (or any other material in the stockpile that is authorized for disposal) to finance that upgrading, refining, or processing.”. (b) Conforming Amendments.— Section 6 of such Act is further amended— (1) in subsection (a)(3)— (A) by striking out “refining” and inserting in lieu thereof “upgrading, refining,”; (B) by inserting “(notwithstanding any intermediate stockpile quantity established for such material)” after “stockpile”, and (C) by striking out “storage and subsequent disposition;” and inserting in lieu thereof “storage, subsequent disposition, and immediate use in a national emergency;”; 104 STAT. 1845 (2) in subsection (c)(1)— (A) by inserting “under subsection (a)(1)” after “the acquisition”; and (B) by inserting “under subsection (a)(5) or (a)(6)” after “the disposal”; and (3) in subsection (c)(2)— (A) by striking out “, the disposition of which is authorized by law,” and inserting in lieu thereof the following: “(the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law)”; and (B) by striking out “of refining” and inserting in lieu thereof “of upgrading, refining”. (c) Effect of Bartering.— Section 9 of such Act (50 U.S.C. 98h) is amended by adding at the end the following new subsection: “(d) If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall— “(1) be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year; “(2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and “(3) not increase or decrease the balance in the fund.”.