123STA T . 2 0 1 4PUBLIC LA W 111 –67— S E PT. 30 , 200 9‘ ‘ (A)forpu r chase soforco m m it me n ts to purchase an in d ustria l resource or a critical technolo gy item , for G o v ern - ment use or resale
‘‘( B ) for the encouragement of e x ploration, develop- ment, and mining of critical and strategic materials, and other materials; ‘‘( C ) for the development of production capa b ilities; and ‘‘( D ) for the increased use of emerging technologies in security program applications and the rapid transition of emerging technologies — ‘‘(i) from Government-sponsored research and development to commercial applications; and ‘‘(ii) from commercial research and development to national defense applications . ‘‘( 2 ) TREATM E N T OFC ERTA I NA G RIC UL TURAL COMMO D ITIE S .— A purchase for resale under this subsection shall not include that part of the supply of an agricultural commodity w hich is domestically produced, except to the extent that such domes- tically produced supply may be purchased for resale for indus- trial use or stoc k piling. ‘‘( 3 ) TERMS OF SALES.— N o commodity purchased under this subsection shall be sold at less than— ‘‘(A) the established ceiling price for such commodity, except that minerals, metals, and materials shall not be sold at less than the established ceiling price, or the current domestic market price, whichever is lower; or ‘‘(B) if no ceiling price has been established, the higher of— ‘‘(i) the current domestic market price for such commodity; or ‘‘(ii) the minimum sale price established for agri- cultural commodities owned or controlled by the Com- modity Credit Corporation, as provided in section 407 of the Agricultural Act of 19 49 (7 U . S .C. 1427). ‘‘(4) DELI V ER Y DATES.—No purchase or commitment to pur- chase any imported agricultural commodity shall specify a delivery date which is more than 1 year after the date of termination of this section. ‘‘( 5 ) P RESIDENTIAL DETERMINATIONS.— E xcept as provided in paragraph (7), the President may not execute a contract under this subsection unless the President determines that— ‘‘(A) the industrial resource, material, or critical tech- nology item is essential to the national defense; and ‘‘(B) without Presidential action under this section, United States industry cannot reasonably be expected to provide the capability for the needed industrial resource, material, or critical technology item in a timely manner. ‘‘( 6 ) NOTIFICATION TO CONGRESS OF S H ORTFALL.— ‘‘(A) I N GENERAL.—Except as provided in paragraph (7), the President shall provide written notice to the Com- mittee on Banking, H ousing, and Urban Affairs of the Senate and the Committee on F inancial Services of the House of R epresentatives of a domestic industrial base shortfall prior to taking action under this subsection to remedy the shortfall. The notice shall include the deter- minations made by the President under paragraph (5).
