118 STAT. 2193 PUBLIC LAW 108–375—OCT. 28, 2004 $59,700,000 of the funds in the National Defense Stockpile Trans action Fund established under subsection (a) of section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h) for the authorized uses of such funds under subsection (b)(2) of such section, including the disposal of hazardous materials that are environmentally sensitive. (b) ADDITIONAL OBLIGATIONS.—The National Defense Stockpile Manager may obligate amounts in excess of the amount specified in subsection (a) if the National Defense Stockpile Manager notifies Congress that extraordinary or emergency conditions necessitate the additional obligations. The National Defense Stockpile Manager may make the additional obligations described in the notification after the end of the 45 day period beginning on the date on which Congress receives the notification. (c) LIMITATIONS.—The authorities provided by this section shall be subject to such limitations as may be provided in appropriations Acts. SEC. 3302. REVISION OF EARLIER AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL DEFENSE STOCKPILE. Section 3303(a) of the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 (Public Law 105–261; 50 U.S.C. 98d note) is amended by striking paragraphs (4) and (5) and inserting the following new paragraphs: ‘‘(4) $785,000,000 by the end of fiscal year 2005; and ‘‘(5) $870,000,000 by the end of fiscal year 2009.’’. SEC. 3303. DISPOSAL OF FERROMANGANESE. (a) DISPOSAL AUTHORIZED.—The Secretary of Defense may dis pose of up to 50,000 tons of ferromanganese from the National Defense Stockpile during fiscal year 2005. (b) CONTINGENT AUTHORITY FOR ADDITIONAL DISPOSAL.—(1) If the Secretary of Defense completes the disposal of the total quantity of ferromanganese authorized for disposal by subsection (a) before September 30, 2005, the Secretary of Defense may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date. (2) If the Secretary completes the disposal of the total quantity of additional ferromanganese authorized for disposal by paragraph (1) before September 30, 2005, the Secretary may dispose of up to an additional 25,000 tons of ferromanganese from the National Defense Stockpile before that date. (c) CERTIFICATION.—The Secretary of Defense may dispose of ferromanganese under the authority of paragraph (1) or (2) of subsection (b) only if the Secretary submits written certification to the Committee on Armed Services of the Senate and the Com mittee on Armed Services of the House of Representatives, not later than 30 days before the commencement of disposal under the applicable paragraph, that— (1) the disposal of the additional ferromanganese from the National Defense Stockpile is in the interest of national defense; (2) the disposal of the additional ferromanganese will not cause undue disruption to the usual markets of producers and processors of ferromanganese in the United States; and (3) the disposal of the additional ferromanganese is con sistent with the requirements and purpose of the National Defense Stockpile. 50 USC 98d note. 50 USC 98d note.
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