Sale of critical minerals or materials

(a) Sale The Reserve may sell critical minerals or materials stored in the Reserve in accordance with the purposes of the Reserve and this section. (b) Sale of critical minerals or materials The Reserve may sell a critical mineral or material stored in the Reserve if the Board determines that— (1) a supply shortage or potential supply shortage of that critical mineral or material threatens— (A) the national or economic security of the United States; or (B) price stability in the value chain of that critical mineral or material; or (2) the sale is otherwise necessary to support the purposes of the Reserve. (c) Sale of non-Critical minerals or materials (1) In general The Reserve may sell a mineral or material stored in the Reserve that, as of the date of sale, is no longer included on the list of critical minerals and materials established by the Reserve under section 202(a) if the Board determines that— (A) the mineral or material is unlikely to be imminently re-added to the list of critical minerals and materials established by the Reserve under section 202(a); (B) the mineral or material is available in sufficient supply or is no longer necessary in large quantities for economic or national security purposes; (C) a supply shortage or potential supply shortage of that mineral or material threatens— (i) the national or economic security of the United States; or (ii) price stability in the value chain of that mineral or material; or (D) the sale is otherwise necessary to support the purposes of the Reserve. (2) Use for research purposes If the Board determines that a mineral or material stored in the Reserve that is no longer included on the list of critical minerals and materials established by the Reserve under section 202(a) does not have a substantial market value, the Board may enter into a contract for the transfer and use for research purposes of that mineral or material with— (A) Federal departments and agencies; (B) State governments; (C) National Laboratories (as defined in section 2 of the Energy Policy Act of 2005 (42 U.S.C. 15801)); and (D) institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))). (d) Means of sale The Reserve may carry out a sale described in subsections (b) and (c) through— (1) solicitation and direct contracting with private parties; (2) physically cleared financial instruments, such as futures contracts through authorized intermediaries; (3) options contracts directly or through authorized intermediaries; and (4) other transactions, including public auctions, as determined necessary by the Board to support the purposes of the Reserve. (e) Foreign entities of concern The Reserve may not carry out a sale described in subsections (b) and (c) to a foreign entity of concern.