123STA T . 2 0 1 6PUBLIC LA W 111 – 6 7— S E PT. 30 , 200 9‘ ‘ (d)INCIDE N TALAU T HOR IT Y.—Theprocu re m e nt po w er g r a nted to the P re si dent by this section sha l l include the power to transport and store and ha v e processed and re f ined any materials procured under this section. ‘‘(e) IN S TALLATION O FEQ UI PM ENT IN INDUSTRIAL F ACILITIES.— ‘‘( 1 ) INSTALLATION AUTHORI Z ED.—If the President deter - mines that such action will aid the national defense , the Presi- dent is authori z ed— ‘‘(A) to procure and install additional e q uipment, facili- ties, processes or improvements to plants, factories, and other industrial facilities owned by the Federal G overn- ment
‘‘( B ) to procure and install equipment owned by the Federal Government in plants, factories, and other indus- trial facilities owned by private persons; ‘‘( C ) to provide for the modification or e x pansion of privately owned facilities, including the modification or improvement of production processes, when ta k ing actions under section 30 1, 30 2 , or this section; and ‘‘( D ) to sell or otherwise transfer equipment owned by the Federal Government and installed under this sub- section to the owners of such plants, factories, or other industrial facilities. ‘‘(2) INDEMNIFICATION.—The owner of any plant, factory, or other industrial facility that receives equipment owned by the Federal Government under this section shall agree— ‘‘(A) to waive any claim against the U nited S tates under section 10 7 or 113 of the Comprehensive Environ- mental R esponse, Compensation, and L iability Act of 1 98 0 ( 4 2 U.S.C. 9 6 07 and 9613); and ‘‘(B) to indemnify the United States against any claim described in paragraph (1) made by a third party that arises out of the presence or use of equipment owned by the Federal Government. ‘‘(f) E X CESS M ETALS, MINERALS, AND MATERIALS.— ‘‘(1) IN G ENERAL.— N otwithstanding any other provision of law to the contrary, metals, minerals, and materials acquired pursuant to this section which, in the j udgment of the Presi- dent, are excess to the needs of programs under this Act, shall be transferred to the National Defense Stockpile estab- lished by the Strategic and Critical Materials Stock Piling Act ( 5 0 U.S.C. 98 et seq.), when the President deems such action to be in the public interest. ‘‘(2) TRANSFERS AT NO CHARGE.—Transfers made pursuant to this subsection shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds. ‘‘(g) SU B STITUTES.— W hen, in the judgement of the President, it will aid the national defense, the President may make provision for the development of substitutes for strategic and critical mate- rials, critical components, critical technology items, and other indus- trial resources.
