US (United States) Code. Title 50. Chapter 5: Arsenals, armories, arms and war material generally

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # War and National Defense

  • Enviado por: El remitente no desea revelar su nombre
  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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-CITE-

50 USC CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR

MATERIAL GENERALLY 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

-HEAD-

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

-MISC1-

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

Sec.

51 to 81. Repealed or Transferred.

82. Procurement of ships and material during war.

(a) Definitions.

(b) Presidential powers.

(d) Compensation for commandeered material.

83 to 88. Repealed or Omitted.

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

91 to 96. Repealed or Omitted.

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

98. Short title.

98a. Congressional findings and declaration of purpose.

98b. National Defense Stockpile.

(a) Determination of materials; quantities.

(b) Guidelines for exercise of Presidential

authority.

(c) Quantity change; notification to Congress.

98c. Materials constituting the National Defense Stockpile.

(a) Contents.

(b) Transfer and reimbursement.

(c) Transfer and disposal.

98d. Authority for stockpile operations.

(a) Funds appropriated for acquisitions; proposed

stockpile transactions; significant changes

therein.

(b) Disposal.

(c) Authorization of appropriations.

98e. Stockpile management.

(a) Presidential powers.

(b) Federal procurement practices.

(c) Barter; use of stockpile materials as payment

for expenses of acquiring, refining,

processing, or rotating materials.

(d) Waiver; notification of proposed disposal of

materials.

(e) Leasehold interests in property.

98e-1. Transferred.

98f. Special Presidential disposal authority.

98g. Materials development and research.

(a) Development, mining, preparation, treatment,

and utilization of ores and other mineral

substances.

(b) Development of sources of supplies of

agricultural materials; use of agricultural

commodities for manufacture of materials.

(c) Development of sources of supply of other

materials; development or use of alternative

methods for refining or processing materials

in stockpile.

(d) Grants and contracts to encourage conservation

of strategic and critical materials.

98h. National Defense Stockpile Transaction Fund.

(a) Establishment.

(b) Fund operations.

(c) Moneys received from sale of materials being

rotated or disposed of.

(d) Effect of bartering.

98h-1. Advisory committees.

(a) Membership.

(b) Expenses.

(c) Market Impact Committee.

98h-2. Reports to Congress.

98h-3. Definitions.

98h-4. Importation of strategic and critical materials.

98h-5. Biennial report on stockpile requirements.

(a) In general.

(b) National emergency planning assumptions.

(c) Period within which to replace or replenish

materials.

(d) Effect of alternative mobilization periods.

(e) Plans of President.

98h-6. Development of domestic sources.

(a) Purchase of materials of domestic origin;

processing of materials in domestic

facilities.

(b) Terms and conditions of contracts and

commitments.

(c) Proposed transactions included in annual

materials plan; availability of funds.

(d) Transportation and incidental expenses.

(e) Reports.

98h-7. National Defense Stockpile Manager.

(a) Appointment.

(b) Title of designated officer.

(c) Delegation of functions.

98i, 99. Repealed or Transferred.

100. Nitrate plants.

(a) Investigations; designation of sites;

construction and operation of dams, locks,

improvements to navigation, etc.

(b) Lease, purchase, or acquisition of lands and

rights of way; purchase or acquisition of

materials, minerals, and processes.

(c) Use of products of plants; disposal of surplus.

(d) Employment of officers, agents, or agencies.

(e) Government construction and operation.

100a. Omitted.

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50 USC SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR

MATERIALS 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-End-

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50 USC Secs. 51 to 57 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 51 to 57. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 51, act Aug. 5, 1882, ch. 395, 22 Stat. 299, related to

pay of master amorer at Springfield Armory.

Section 52, act June 23, 1874, ch. 486, 18 Stat. 282, related to

pay of clerks at Springfield Armory.

Section 53, R.S. Sec. 1665, required an annual account of

expenses of national armories, together with an account of arms

made and repaired thereon.

Section 54, acts Aug. 18, 1890, ch. 797, Sec. 2, 26 Stat. 320;

Aug. 7, 1946, ch. 770, Sec. 1(52), 60 Stat. 870, related to

accounts of cost of type and experimental manufacture of guns and

other articles.

Section 55, R.S. Sec. 1666, authorized Secretary of War to

abolish useless or unnecessary arsenals. See section 4532 of Title

10, Armed Forces.

Section 56, R.S. Sec. 1669, provided for forfeitures by reason of

misconduct of workmen in armories.

Section 57, R.S. Sec. 1671, exempted from jury duty all

artificers and workmen employed in armories and arsenals, of the

United States.

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50 USC Sec. 58 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Sec. 58. Repealed. Sept. 1, 1954, ch. 1208, title III, Sec. 305(d),

68 Stat. 1114

-MISC1-

Section, act July 17, 1912, ch. 236, 37 Stat. 193, related to

awards. See section 4501 et seq. of Title 5, Government

Organization and Employees.

EFFECTIVE DATE OF REPEAL

Repeal effective 90 days after Sept. 1, 1954, see section 307 of

act Sept. 1, 1954.

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50 USC Secs. 59 to 66 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 59 to 66. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 59, act July 26, 1886, ch. 781, Sec. 1, 24 Stat. 151,

related to testing of rifled cannon for Navy.

Section 60, act July 8, 1918, ch. 137, 40 Stat. 817, authorized

transfer of naval ordnance and ordnance material from Navy

Department to Department of War.

Section 61, acts Mar. 3, 1879, ch. 183, 20 Stat. 412; Apr. 14,

1937, ch. 79, 50 Stat. 63, authorized issuance of arms and

ammunition to protect public property, provided for reimbursement.

See section 4655 of Title 10, Armed Forces.

Section 62, acts Feb. 10, 1920, ch. 64, 41 Stat. 403; June 5,

1920, ch. 240, 41 Stat. 976; May 26, 1952, ch. 334, 66 Stat. 94,

authorized loan of rifles to organizations of honorably discharged

soldiers. See section 4683 of Title 10.

Section 62a, act June 30, 1906, ch. 3938, 34 Stat. 817,

authorized loan of ordnance to schools and State homes for

veterans' orphans. See sections 4685 and 9685 of Title 10.

Section 62b, act Dec. 15, 1926, ch. 10, 44 Stat. 922, authorized

Secretary of War to relieve posts or camps or organizations

composed of honorably discharged soldiers, sailors, or marines, and

sureties on bonds, from liability on account of loss or destruction

of rifles, slings, and cartridge belts loaned to such

organizations. See section 4683 of Title 10.

Section 62c, acts May 29, 1934, ch. 369, 48 Stat. 815; Aug. 30,

1935, ch. 826, 49 Stat. 1013, authorized Secretary of War to donate

Army equipment loaned under authority of section 62 of this title.

Section 63, act May 11, 1908, ch. 163, 35 Stat. 125, authorized

sales of ordnance property to schools and State homes for veterans'

orphans. See sections 4625 and 9625 of Title 10, Armed Forces.

Section 64, acts May 28, 1908, ch. 215, Sec. 14, 35 Stat. 443;

June 28, 1950, ch. 383, title IV, Sec. 402(g), 64 Stat. 273; Oct.

31, 1951, ch. 654, Sec. 2(26), 65 Stat. 707, authorized sale of

obsolete small arms to patriotic organizations. See sections 4684

and 9684 of Title 10.

Section 64a, act Mar. 3, 1875, ch. 130, 18 Stat. 388, provided

for sale of useless ordnance materials, appropriated an amount

equal to net proceeds of sale for purpose of procuring a supply of

material, and limited expenditures to not more than $75,000 in any

one year.

Section 65, acts Apr. 23, 1904, ch. 1485, 33 Stat. 276; Aug. 1,

1953, ch. 305, title VI, Sec. 645, 67 Stat. 357, authorized sale of

serviceable ordnance and ordnance stores to American designers.

Section 66, acts Feb. 8, 1889, ch. 116, 25 Stat. 657; Mar. 3,

1899, ch. 423, 30 Stat. 1073; May 26, 1900, ch. 586, 31 Stat. 216;

June 28, 1950, ch. 383, title IV, Sec. 402(e), 64 Stat. 273; Oct.

31, 1951, ch. 654, Sec. 2(27), 65 Stat. 707, authorized issuance of

condemned ordnance to State homes for soldiers and sailors. See

sections 4686 and 9686 of Title 10.

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50 USC Sec. 67 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Sec. 67. Transferred

-COD-

CODIFICATION

Section, acts May 22, 1896, ch. 231, 29 Stat. 133; May 26, 1928,

ch. 785, 45 Stat. 773; Feb. 28, 1933, ch. 137, 47 Stat. 1369; June

19, 1940, ch. 398, Sec. 1, 54 Stat. 491; July 31, 1947, ch. 421, 61

Stat. 707; Feb. 27, 1948, ch. 76, Sec. 1, 62 Stat. 37; Oct. 31,

1951, ch. 654, Sec. 2(2), 65 Stat. 706, which authorized loans or

gifts of condemned or obsolete equipment, was transferred to

section 150p of former Title 5, Executive Departments and

Government Officers and Employees, and subsequently repealed and

reenacted as section 2572 of Title 10, Armed Forces, by act Aug.

10, 1956, ch. 1041, Secs. 1, 53, 70A Stat. 143, 641.

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50 USC Secs. 68 to 71 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 68 to 71. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 68, acts Mar. 4, 1909, ch. 319, Sec. 47, 35 Stat. 1075;

June 28, 1950, ch. 383, title IV, Sec. 402(i), 64 Stat. 273; Oct.

31, 1951, ch. 654, Sec. 2(28), 65 Stat. 708, authorized sale of

obsolete ordnance for public parks, public buildings and soldiers'

monuments purposes. See sections 4684 and 9684 of Title 10, Armed

Forces.

Section 69, act Mar. 2, 1905, ch. 1307, 33 Stat. 841, authorized

sale of individual pieces of armament. See section 2574 of Title

10.

Section 70, acts Mar. 3, 1909, ch. 252, 35 Stat. 751; June 28,

1950, ch. 383, title IV, Sec. 402(h), 64 Stat. 273, authorized sale

of ordnance property to officers of the Navy and Marine Corps. See

section 4625 and 9625 of Title 10.

Section 71, act Mar. 3, 1909, ch. 252, 35 Stat. 750, authorized

sale of ordnance stores to civilian employees of Army and to

American National Red Cross. See sections 4625 and 9625 of Title

10.

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50 USC Sec. 72 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Sec. 72. Repealed. May 1, 1937, ch. 146, Sec. 5(i), 50 Stat. 126

-MISC1-

Section, act Aug. 29, 1916, ch. 418, Sec. 1, 39 Stat. 643,

related to sale of ordnance and stores to Cuba.

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50 USC Sec. 73 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Sec. 73. Repealed. Aug. 1, 1953, ch. 305, title VI, Sec. 645, 67

Stat. 357

-MISC1-

Section, act Apr. 23, 1904, ch. 1485, 33 Stat. 276, related to

disposition of proceeds from sales of serviceable ordnance and

stores. See sections 2208 and 2210 of Title 10, Armed Forces.

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50 USC Secs. 74 to 81 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 74 to 81. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 74, act Jan. 22, 1923, ch. 28, 42 Stat. 1142, provided

that net proceeds of sales of useless ordnance material by Navy

Department should be covered into Treasury as "Miscellaneous

receipts". See section 7543 of Title 10, Armed Forces.

Section 75, act Aug. 24, 1912, ch. 391, Sec. 1, 37 Stat. 589,

related to payment for transfers of ordnance or stores to bureaus

or departments.

Section 76, act June 20, 1878, ch. 359, Sec. 1, 20 Stat. 223,

authorized private use of a machine for testing iron and steel.

Section 77, acts Mar. 3, 1885, ch. 360, 23 Stat. 502; May 29,

1928, ch. 901, par. 27, 45 Stat. 988, regulated tests of iron and

steel and other materials for industrial purposes.

Section 78, act June 3, 1916, ch. 134, Sec. 123, 39 Stat. 215,

related to gauges, dies, and tools for manufacture of arms.

Section 79, act June 3, 1916, ch. 134, Sec. 124, 39 Stat. 215,

related to nitrate plants.

Section 80, act June 3, 1916, ch. 134, Sec. 120, 39 Stat. 213,

214, related to procurement of war material and mobilization of

industries. See sections 2538 to 2540 of Title 10.

Section 81, act May 14, 1928, ch. 544, 45 Stat. 509, authorized

Secretary of War to secure assistance, whenever practicable, of

Geological Survey, Coast and Geodetic Survey, or other mapping

agencies of the Government in execution of military surveys and

maps. Provisions similar to former section 81 were contained in the

following appropriation acts:

Mar. 23, 1928, ch. 232, title I, 45 Stat. 342.

Feb. 23, 1927, ch. 167, title I, 44 Stat. 1123.

Apr. 15, 1926, ch. 146, title I, 44 Stat. 273.

Feb. 12, 1925, ch. 225, title I, 43 Stat. 911.

June 7, 1924, ch. 291, title I, 43, Stat. 496.

Mar. 2, 1923, ch. 178, title I, 42 Stat. 1402.

June 30, 1922, ch. 253, title I, 42 Stat. 741.

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50 USC Sec. 82 01/06/03

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TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Sec. 82. Procurement of ships and material during war

-STATUTE-

(a) Definitions

The word "person" as used in subsections (b) and (c) of this

section shall include any individual, trustee, firm, association,

company, or corporation. The word "ship" shall include any boat,

vessel, submarine, or any form of aircraft, and the parts thereof.

The words "war material" shall include arms, armament, ammunition,

stores, supplies, and equipment for ships and airplanes, and

everything required for or in connection with the production

thereof. The word "factory" shall include any factory, workshop,

engine works, building used for manufacture, assembling,

construction, or any process, and any shipyard or dockyard. The

words "United States" shall include the Canal Zone and all

territory and waters, continental and insular, subject to the

jurisdiction of the United States.

(b) Presidential powers

In time of war the President is authorized and empowered, in

addition to all other existing provisions of law:

First. Within the limits of the amounts appropriated therefor, to

place an order with any person for such ships or war material as

the necessities of the Government, to be determined by the

President, may require and which are of the nature, kind, and

quantity usually produced or capable of being produced by such

person. Compliance with all such orders shall be obligatory on any

person to whom such order is given, and such order shall take

precedence over all other orders and contracts theretofore placed

with such person. If any person owning, leasing, or operating any

factory equipped for the building or production of ships or war

material for the Navy shall refuse or fail to give to the United

States such preference in the execution of such an order, or shall

refuse to build, supply, furnish, or manufacture the kind,

quantity, or quality of ships or war material so ordered at such

reasonable price as shall be determined by the President, the

President may take immediate possession of any factory of such

person, or of any part thereof without taking possession of the

entire factory, and may use the same at such times and in such

manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to

modify or cancel any existing contract for the building,

production, or purchase of ships or war material; and if any

contractor shall refuse or fail to comply with the contract as so

modified the President may take immediate possession of any factory

of such contractor, or any part thereof without taking possession

of the entire factory, and may use the same at such times and in

such manner as he may consider necessary or expedient.

Third. To require the owner or occupier of any factory in which

ships or war material are built or produced to place at the

disposal of the United States the whole or any part of the output

of such factory, and, within the limit of the amounts appropriated

therefor, to deliver such output or parts thereof in such

quantities and at such times as may be specified in the order at

such reasonable price as shall be determined by the President.

Fourth. To requisition and take over for use or operation by the

Government any factory, or any part thereof without taking

possession of the entire factory, whether the United States has or

has not any contract or agreement with the owner or occupier of

such factory.

(d) (!1) Compensation for commandeered material

Whenever the United States shall cancel or modify any contract,

make use of, assume, occupy, requisition, or take over any factory

or part thereof, or any ships or war material, in accordance with

the provisions of subsection (b) of this section, it shall make

just compensation therefor, to be determined by the President, and

if the amount thereof so determined by the President is

unsatisfactory to the person entitled to receive the same, such

person shall be paid fifty per centum of the amount so determined

by the President and shall be entitled to sue the United States to

recover such further sum as added to said fifty per centum shall

make up such amount as will be just compensation therefor, in the

manner provided for by section 1346 or section 1491 of title 28.

-SOURCE-

(Mar. 4, 1917, ch. 180, 39 Stat. 1192.)

-REFTEXT-

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see

section 3602(b) of Title 22, Foreign Relations and Intercourse.

-COD-

CODIFICATION

In subsec. (d), "section 1346 or section 1491 of title 28"

substituted for "section twenty-four, paragraph twenty, and section

one hundred and forty-five of the Judicial Code" (those sections

classified to sections 41(20) and 250 of former Title 28, Judicial

Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62

Stat. 869, section 1 of which enacted Title 28, Judiciary and

Judicial Procedure. Section 1346 of Title 28 sets forth the basic

jurisdiction of the district courts in cases in which the United

States is defendant. Section 1491 of Title 28 sets forth the basic

jurisdiction of the United States Court of Claims. Sections 24(20)

and 145 of the Judicial Code were also classified to sections 1496,

1501, 1503, 2401, 2402, and 2501 of Title 28.

-MISC1-

SIMILAR PROVISIONS

Provisions similar to those in this section were contained in the

Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat.

719, which terminated six months after the treaty of peace between

the United States and Germany (Oct. 18, 1921).

TERMINATION OF WAR AND EMERGENCIES

Act July 25, 1947, ch. 327, Sec. 3, 61 Stat. 451, provided that

in the interpretation of the provisions of this section, which

authorized the President to acquire, through construction or

conversion, ships, landing craft, and other vessels, the date July

25, 1947, shall be deemed to be the date of termination of any

state of war theretofore declared by Congress and of the national

emergencies proclaimed by the President on Sept. 8, 1939, and May

27, 1941.

-EXEC-

EX. ORD. NO. 12742. NATIONAL SECURITY INDUSTRIAL RESPONSIVENESS

Ex. Ord. No. 12742, Jan. 8, 1991, 56 F.R. 1079, as amended by Ex.

Ord. No. 13286, Sec. 36, Feb. 28, 2003, 68 F.R. 10625, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including 50 U.S.C.

App. 468, 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of

Title 10, Armed Forces], and 50 U.S.C. 82, it is hereby ordered as

follows:

Section 101. Policy. The United States must have the capability

to rapidly mobilize its resources in the interest of national

security. Therefore, to achieve prompt delivery of articles,

products, and materials to meet national security requirements, the

Government may place orders and require priority performance of

these orders.

Sec. 102. Delegation of Authority under.

(a) Subject to paragraph (b) of this section, the authorities

vested in the President, under, with respect to the placing of

orders for prompt delivery of articles or materials, except for the

taking authority under (c), are hereby delegated to:

(1) The Secretary of Agriculture with respect to all food

resources;

(2) the Secretary of Energy with respect to all forms of energy;

(3) the Secretary of Transportation with respect to all forms of

civil transportation; and

(4) the Secretary of Commerce with respect to all other articles

and materials, including construction materials.

(b) The authorities delegated by paragraph (a) of this section

shall be exercised only after:

(1) a determination by the Secretary of Defense that prompt

delivery of the articles or materials for the exclusive use of the

armed forces of the United States is in the interest of national

security, or

(2) a determination by the Secretary of Energy that the prompt

delivery of the articles or materials for the Department of

Energy's atomic energy programs is in the interest of national

security.

(c) All determinations of the type described in paragraph (b) of

this section and all delegations - made prior to the effective date

of this order under the Defense Production Act of 1950, as amended

[50 App. U.S.C. 2061 et seq.], and under its implementing rules and

regulations - shall be continued in effect, including but not

limited to approved programs listed under the Defense Priorities

and Allocations System (15 CFR Part 700).

Sec. 103. Delegation of Authority under 10 U.S.C. 4501 and 9501,

and 50 U.S.C. 82.

(a) Subject to paragraph (b) of this section, the authorities

vested in the President under 10 U.S.C. 4501 and 9501 [former

sections 4501 and 9501 of Title 10] with respect to the placing of

orders for necessary products or materials, and under 50 U.S.C. 82

with respect to the placing of orders for ships or war materials,

except for the taking authority vested in the President by these

acts, are hereby delegated to:

(1) the Secretary of Agriculture with respect to all food

resources;

(2) the Secretary of Energy with respect to all forms of energy;

(3) the Secretary of Transportation with respect to all forms of

civil transportation; and

(4) the Secretary of Commerce with respect to all other products

and materials, including construction materials.

(b) The authorities delegated in paragraph (a) of this section

may be exercised only after the President has made the statutorily

required determination.

Sec. 104. Implementation. (a) The authorities delegated under

sections 102 and 103 of this order shall include the power to

redelegate such authorities, and the power of successive

redelegation of such authorities, to departments and agencies,

officers, and employees of the Government. The authorities

delegated in this order may be implemented by regulations

promulgated and administered by the Secretaries of Agriculture,

Defense, Energy, Transportation, Homeland Security, and Commerce,

and the Director of the Federal Emergency Management Agency, as

appropriate.

(b) All departments and agencies delegated authority under this

order are hereby directed to amend their rules and regulations as

necessary to reflect the new authorities delegated herein that are

to be relied upon to carry out their functions. To the extent

authorized by law, including 50 U.S.C. App. 486 [468], 10 U.S.C.

4501 and 9501 [former sections 4501 and 9501 of Title 10], and 50

U.S.C. 82, all rules and regulations issued under the Defense

Production Act of 1950, as amended, with respect to the placing of

priority orders for articles, products, ships, and materials,

including war materials, shall be deemed, where appropriate, to

implement the authorities delegated by sections 102 and 103 of this

order, and shall remain in effect until amended or revoked by the

respective Secretary. All orders, regulations, and other forms of

administrative actions purported to have been issued, taken, or

continued in effect pursuant to the Defense Production Act of 1950,

as amended, shall, until amended or revoked by the respective

Secretaries or the Director of the Federal Emergency Management

Agency, as appropriate, remain in full force and effect, to the

extent supported by any law or any authority delegated to the

respective Secretary or the Director pursuant to this order.

(c) Upon the request of the Secretary of Defense with respect to

particular articles, products, or materials that are determined to

be needed to meet national security requirements, any other

official receiving a delegation of authority under this Executive

order to place orders or to enforce precedence of such orders,

shall exercise such authority within 10 calendar days of the

receipt of the request; provided, that if the head of any

department or agency having delegated responsibilities hereunder

disagrees with a request of the Secretary of Defense, such

department or agency head shall, within 10 calendar days from the

receipt of the request, refer the issue to the Assistant to the

President for National Security Affairs, who shall ensure

expeditious resolution of the issue.

(d) Proposed department and agency regulations and procedures to

implement the delegated authority under this order, and any new

determinations made under sections 102(b)(1) or (2), shall be

coordinated by the Secretary of Homeland Security with all

appropriate departments and agencies.

Sec. 105. Judicial Review. This order is intended only to improve

the internal management of the executive branch and is not intended

to create any right or benefit, substantive or procedural,

enforceable at law by a party against the United States, its

agencies, its officers, or any person.

-FOOTNOTE-

(!1) So in original. No subsec. (c) has been enacted.

-End-

-CITE-

50 USC Secs. 83 to 85 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 83, act May 29, 1928, ch. 853, Sec. 1, 45 Stat. 928,

related to ammunition for use of Army and Navy, storage and

dispersal, control by a joint board of officers. See section 172 of

Title 10, Armed Forces.

Section 84, act Mar. 3, 1875, ch. 133, Sec. 1, 18 Stat. 455,

related to expenditure at armories for perfection of patentable

inventions.

Section 85, act Mar. 3, 1921, ch. 128, Sec. 6, 41 Stat. 1352,

authorized Secretary of War to proceed with installation of guns

and howitzers.

-End-

-CITE-

50 USC Secs. 86 to 88 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER I - ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS

-HEAD-

Secs. 86 to 88. Omitted

-COD-

CODIFICATION

Sections 86 to 88, act Feb. 15, 1936, ch. 74, Secs. 1-3, 49 Stat.

1140, related to conservation of domestic sources of tin, and were

superseded by the Export Control Act of 1949 (former sections 2021

to 2032 of the Appendix to this title) pursuant to section 10 of

that Act (former section 2030 of the Appendix to this title). The

act of Feb. 15, 1936 was subsequently superseded by the Export

Administration Act of 1969 (former sections 2401 to 2413 of the

Appendix to this title) pursuant to section 12 of that Act (former

section 2411 of the Appendix to this title). See, also, the Export

Administration Act of 1979, which is classified to section 2401 of

the Appendix to this title.

Section 86, act Feb. 15, 1936, ch. 74, Sec. 1, 49 Stat. 1140,

related to conservation of domestic resources of tin.

Section 87, act Feb. 15, 1936, ch. 74, Sec. 2, 49 Stat. 1140,

related to prohibition of exportation except on license.

Section 88, act Feb. 15, 1936, ch. 74, Sec. 3, 49 Stat. 1140,

related to penalties for violations of sections 86 and 87 of this

title.

-End-

-CITE-

50 USC SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN

DEVELOPMENT OF MUNITIONS AND MATERIALS FOR

NATIONAL DEFENSE 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

-HEAD-

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

-End-

-CITE-

50 USC Secs. 91 to 94 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

-HEAD-

Secs. 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641

-MISC1-

Section 91, act June 16, 1938, ch. 458, Sec. 1, 52 Stat. 707,

authorized Secretary of War to place educational orders for

munitions of special or technical design.

Section 92, act June 16, 1938, ch. 458, Sec. 2, 52 Stat. 708,

related to production equipment.

Section 93, act June 16, 1938, ch. 458, Sec. 3, 52 Stat. 708,

placed certain limitations on number of orders.

Section 94, acts June 16, 1938, ch. 458, Sec. 4, 52 Stat. 708;

Apr. 3, 1939, ch. 35, Sec. 13, 53 Stat. 560, related to

availability of appropriations for purposes of sections 91 to 94 of

this title.

-End-

-CITE-

50 USC Sec. 95 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

-HEAD-

Sec. 95. Omitted

-COD-

CODIFICATION

Section, act June 30, 1938, ch. 852, 52 Stat. 1255, authorized an

appropriation of $2,000,000 to remain until expended for purpose of

rotary-wing and other aircraft research, development, procurement,

experimentation, and operation for service testing.

-End-

-CITE-

50 USC Sec. 96 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER II - EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF

MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

-HEAD-

Sec. 96. Repealed. Aug. 10, 1956, ch. 1041, Sec. 53, 70A Stat. 641

-MISC1-

Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to

purchase by Secretary of War of equipment for experimental and test

purposes. See section 2373 of Title 10, Armed Forces.

-End-

-CITE-

50 USC SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF

STRATEGIC RAW MATERIALS 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2093 of Appendix to

this title; title 7 sections 1301, 1743, 1745, 1856; title 15

section 714b; title 30 section 1604; title 31 sections 5112, 5116,

5132; title 40 section 113; title 42 section 5821.

-End-

-CITE-

50 USC Sec. 98 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98. Short title

-STATUTE-

This subchapter may be cited as the "Strategic and Critical

Materials Stock Piling Act".

-SOURCE-

(June 7, 1939, ch. 190, Sec. 1, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 319.)

-MISC1-

PRIOR PROVISIONS

A prior section 98, acts June 7, 1939, ch. 190, Sec. 1, 53 Stat.

811; July 23, 1946, ch. 590, 60 Stat. 596, related to declaration

of Congressional policy in enacting this subchapter, prior to

repeal by section 2(a) of Pub. L. 96-41.

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-180, div. C, title II, Sec. 3201, Dec. 4, 1987, 101

Stat. 1245, provided that: "This title [enacting section 98h-5 of

this title, amending sections 98a, 98b, 98d, 98e-1, 98h, 98h-2, and

98h-4 of this title, enacting provisions set out as a note under

section 98e-1 of this title, and repealing provisions set out as a

note under this section] may be cited as the 'National Defense

Stockpile Amendments of 1987'."

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-41 provided: "That this Act [enacting

this section and sections 98a to 98h-3 of this title, redesignating

former section 98h-1 of this title as 98h-4 of this title, amending

section 2093 of the Appendix to this title, sections 1743 and 1745

of Title 7, Agriculture, section 741b of Title 15, Commerce and

Trade, and section 485 of former Title 40, Public Buildings,

Property, and Works, enacting a provision set out as a note under

this section, and repealing a provision set out as a note under

this section] may be cited as the 'Strategic and Critical Materials

Stock Piling Revision Act of 1979'."

SHORT TITLE

Act June 7, 1939, ch. 190, Sec. 11, formerly Sec. 10, as added by

act July 23, 1946, ch. 590, 60 Stat. 596; renumbered Sec. 11, Pub.

L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat. 427,

provided that this Act, which enacted this subchapter, be cited as

the "Strategic and Critical Materials Stock Piling Act", prior to

repeal by Pub. L. 96-41, Sec. 2(b)(2), July 30, 1979, 93 Stat. 324.

NEW BUDGET AUTHORITY

Section 4 of Pub. L. 96-41 provided that: "Any provision

authorizing the enactment of new budget authority contained in the

amendments made by this Act [see Short Title of 1979 Amendment note

above] shall be effective on October 1, 1979."

-EXEC-

EXECUTIVE ORDER NO. 12155

Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, as amended by

Ex. Ord. No. 12417, May 2, 1983, 48 F.R. 20035, which related to

delegation of functions vested in President by Strategic and

Critical Materials Stock Piling Act, as amended [50 U.S.C. 98 et

seq.], to various Federal agencies and officials, was revoked by

Pub. L. 100-180, div. C, title II, Sec. 3203(b), Dec. 4, 1987, 101

Stat. 1247, effective 30 days after Dec. 4, 1987.

EX. ORD. NO. 12626. NATIONAL DEFENSE STOCKPILE MANAGER

Ex. Ord. No. 12626, Feb. 25, 1988, 53 F.R. 6114, provided:

By the authority vested in me as President by the Constitution

and laws of the United States of America, including the Strategic

and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), as

amended, section 3203 of the National Defense Authorization Act for

Fiscal Year 1988 (Public Law 100-180) [amending section 98e-1 of

this title and enacting a provision set out as a note under section

98e-1 of this title], and section 301 of Title 3 of the United

States Code, it is hereby ordered as follows:

Section 1. The Secretary of Defense is designated National

Defense Stockpile Manager. The functions vested in the President by

the Strategic and Critical Materials Stock Piling Act [50 U.S.C. 98

et seq.], except the functions vested in the President by sections

7, 8, and 13 of the Act [50 U.S.C. 98f, 98g, 98h-4], are delegated

to the Secretary of Defense. The functions vested in the President

by section 8(a) of the Act [50 U.S.C. 98g(a)] are delegated to the

Secretary of the Interior. The functions vested in the President by

section 8(b) of the Act [50 U.S.C. 98g(b)] are delegated to the

Secretary of Agriculture.

Sec. 2. The functions vested in the President by section 4(h) of

the Commodity Credit Corporation Charter Act, as amended (15 U.S.C.

714b(h)), are delegated to the Secretary of Defense.

Sec. 3. The functions vested in the President by section 204(f)

of the Federal Property and Administrative Services Act of 1949, as

amended (40 U.S.C. 485(f)) [now 40 U.S.C. 574(d)], are delegated to

the Secretary of Defense.

Sec. 4. In executing the functions delegated to him by this

Order, the Secretary of Defense may delegate such functions as he

may deem appropriate, subject to his direction. The Secretary shall

consult with the heads of affected agencies in performing the

functions delegated to him by this Order.

Ronald Reagan.

-End-

-CITE-

50 USC Sec. 98a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98a. Congressional findings and declaration of purpose

-STATUTE-

(a) The Congress finds that the natural resources of the United

States in certain strategic and critical materials are deficient or

insufficiently developed to supply the military, industrial, and

essential civilian needs of the United States for national defense.

(b) It is the purpose of this subchapter to provide for the

acquisition and retention of stocks of certain strategic and

critical materials and to encourage the conservation and

development of sources of such materials within the United States

and thereby to decrease and to preclude, when possible, a dangerous

and costly dependence by the United States upon foreign sources for

supplies of such materials in times of national emergency.

(c) The purpose of the National Defense Stockpile is to serve the

interest of national defense only. The National Defense Stockpile

is not to be used for economic or budgetary purposes.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 2, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 319; amended Pub. L. 100-180, div. C, title

II, Sec. 3202(b), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 103-160,

div. C, title XXXIII, Sec. 3311, Nov. 30, 1993, 107 Stat. 1961;

Pub. L. 104-201, div. C, title XXXIII, Sec. 3311(b), Sept. 23,

1996, 110 Stat. 2857.)

-MISC1-

PRIOR PROVISIONS

A prior section 98a, acts June 7, 1939, ch. 190, Sec. 2, 53 Stat.

811; July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg. Plan No. 3,

Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958

Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72

Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194;

Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175,

related to determination of strategic and critical materials, the

quantity and quality to be purchased, formation and functions of

industry advisory committees, and the subsistence and traveling

expenses of members of those committees, prior to repeal by section

2(a) of Pub. L. 96-41.

Provisions similar to those in this section were contained in

former section 98 of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-201 added subsec. (c) and struck

out former subsec. (c) which read as follows: "In providing for the

National Defense Stockpile under this subchapter, Congress

establishes the following principles:

"(1) The purpose of the National Defense Stockpile is to serve

the interest of national defense only. The National Defense

Stockpile is not to be used for economic or budgetary purposes.

"(2) Before October 1, 1994, the quantities of materials

stockpiled under this subchapter should be sufficient to sustain

the United States for a period of not less than three years

during a national emergency situation that would necessitate

total mobilization of the economy of the United States for a

sustained conventional global war of indefinite duration.

"(3) On and after October 1, 1994, the quantities of materials

stockpiled under this subchapter should be sufficient to meet the

needs of the United States during a period of a national

emergency that would necessitate an expansion of the Armed Forces

together with a significant mobilization of the economy of the

United States under planning guidance issued by the Secretary of

Defense."

1993 - Subsec. (c)(2). Pub. L. 103-160, Sec. 3311(1), substituted

"Before October 1, 1994, the quantities" for "The quantities".

Subsec. (c)(3). Pub. L. 103-160, Sec. 3311(2), added par. (3).

1987 - Subsec. (c). Pub. L. 100-180 added subsec. (c).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 3311(c) of Pub. L. 104-201 provided that: "The amendments

made by this section [amending this section and section 98h-5 of

this title] shall take effect on October 1, 1996."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98b, 98h-2 of this title.

-End-

-CITE-

50 USC Sec. 98b 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98b. National Defense Stockpile

-STATUTE-

(a) Determination of materials; quantities

Subject to subsection (c) of this section, the President shall

determine from time to time (1) which materials are strategic and

critical materials for the purposes of this subchapter, and (2) the

quality and quantity of each such material to be acquired for the

purposes of this subchapter and the form in which each such

material shall be acquired and stored. Such materials when

acquired, together with the other materials described in section

98c of this title, shall constitute and be collectively known as

the National Defense Stockpile (hereinafter in this subchapter

referred to as the "stockpile").

(b) Guidelines for exercise of Presidential authority

The President shall make the determinations required to be made

under subsection (a) of this section on the basis of the principles

stated in section 98a(c) of this title.

(c) Quantity change; notification to Congress

(1) The quantity of any material to be stockpiled under this

subchapter, as in effect on September 30, 1987, may be changed only

as provided in this subsection or as otherwise provided by law

enacted after December 4, 1987.

(2) The President shall notify Congress in writing of any change

proposed to be made in the quantity of any material to be

stockpiled. The President may make the change after the end of the

45-day period beginning on the date of the notification. The

President shall include a full explanation and justification for

the proposed change with the notification.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 3, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 319; amended Pub. L. 100-180, div. C, title

II, Sec. 3202(a), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 100-456,

div. A, title XII, Sec. 1233(b)(2), Sept. 29, 1988, 102 Stat. 2057;

Pub. L. 102-484, div. C, title XXXIII, Sec. 3311, Oct. 23, 1992,

106 Stat. 2653; Pub. L. 104-201, div. C, title XXXIII, Sec.

3312(a), Sept. 23, 1996, 110 Stat. 2857.)

-MISC1-

PRIOR PROVISIONS

A prior section 98b, acts June 7, 1939, ch. 190, Sec. 3, 53 Stat.

811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753,

title I, Secs. 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288,

title I, Sec. 102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, Sec.

2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg.

Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799;

Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194; Ex. Ord.

No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175, related to

purchase, storage, refinement, rotation, and disposal of materials,

prior to repeal by section 2(a) of Pub. L. 96-41. See section 98e

of this title.

Provisions similar to those in this section were contained in

former section 98a of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1996 - Subsec. (c)(2). Pub. L. 104-201 substituted "after the end

of the 45-day period beginning on" for "effective on or after the

30th legislative day following" and struck out at end "For purposes

of this paragraph, a legislative day is a day on which both Houses

of Congress are in session."

1992 - Subsec. (c)(2) to (5). Pub. L. 102-484 added par. (2) and

struck out former pars. (2) to (5) which read as follows:

"(2) If the President proposes to change the quantity of any

material to be stockpiled under this subchapter, the President

shall include a full explanation and justification for the change

in the next annual material plan submitted to Congress under

section 98h-2(b) of this title.

"(3) If the proposed change in the case of any material would

result in a new requirement for the quantity of such material

different from the requirement for that material in effect on

September 30, 1987, by less than 10 percent, the change may be made

by the President effective on or after the first day of the first

fiscal year beginning after the explanation and justification for

the proposed change is submitted pursuant to paragraph (2).

"(4) In the case of a proposed change not covered by paragraph

(3), the proposed change may be made only to the extent expressly

authorized by law.

"(5) If in any year the reports required by sections 98h-2(b) and

98h-5 of this title are not submitted to Congress as required by

law (including the time for such submission), then during the next

fiscal year no change under paragraph (3) may be made in the

quantity of any material to be stockpiled under this subchapter."

1988 - Subsec. (c)(1). Pub. L. 100-456 substituted "December 4,

1987" for "the date of the enactment of the National Defense

Stockpile Amendments of 1987", which for purposes of codification

had been translated as "December 4, 1987", thus requiring no change

in text.

1987 - Subsec. (a). Pub. L. 100-180, Sec. 3202(a)(1), substituted

"Subject to subsection (c) of this section, the" for "The".

Subsec. (b). Pub. L. 100-180, Sec. 3202(a)(2), substituted "the

principles stated in section 98a(c) of this title." for "the

following principles:" and struck out cls. (1) and (2) which

related to purpose of National Defense Stockpile and quantities of

materials stockpiled.

Subsec. (c). Pub. L. 100-180, Sec. 3202(a)(3), added subsec. (c)

and struck out former subsec. (c) which read as follows: "The

quantity of any material to be stockpiled under this subchapter, as

determined under subsection (a) of this section, may not be revised

unless the Committees on Armed Services of the Senate and House of

Representatives are notified in writing of the proposed revision

and the reasons for such revision at least thirty days before the

effective date of such revision."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of the President under this section were delegated to

the Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb.

25, 1988, 53 F.R. 6114, set out under section 98 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98e, 98g, 98h-6 of this

title; title 15 section 714b; title 22 section 2796d.

-End-

-CITE-

50 USC Sec. 98c 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98c. Materials constituting the National Defense Stockpile

-STATUTE-

(a) Contents

The stockpile consists of the following materials:

(1) Materials acquired under this subchapter and contained in

the national stockpile on July 29, 1979.

(2) Materials acquired under this subchapter after July 29,

1979.

(3) Materials in the supplemental stockpile established by

section 1704(b) of title 7 (as in effect from September 21, 1959,

through December 31, 1966) on July 29, 1979.

(4) Materials acquired by the United States under the

provisions of section 2093 of the Appendix to this title and

transferred to the stockpile by the President pursuant to

subsection (f) of such section.

(5) Materials transferred to the United States under section

2423 of title 22 that have been determined to be strategic and

critical materials for the purposes of this subchapter and that

are allocated by the President under subsection (b) of such

section for stockpiling in the stockpile.

(6) Materials acquired by the Commodity Credit Corporation and

transferred to the stockpile under section 714b(h) of title 15.

(7) Materials acquired by the Commodity Credit Corporation

under paragraph (2) of section 1743(a) of title 7, and

transferred to the stockpile under the third sentence of such

section.

(8) Materials transferred to the stockpile by the President

under paragraph (4) of section 1743(a) of title 7.

(9) Materials transferred to the stockpile under subsection (b)

of this section.

(10) Materials transferred to the stockpile under subsection

(c) of this section.

(b) Transfer and reimbursement

Notwithstanding any other provision of law, any material that (1)

is under the control of any department or agency of the United

States, (2) is determined by the head of such department or agency

to be excess to its needs and responsibilities, and (3) is required

for the stockpile shall be transferred to the stockpile. Any such

transfer shall be made without reimbursement to such department or

agency, but all costs required to effect such transfer shall be

paid or reimbursed from funds appropriated to carry out this

subchapter.

(c) Transfer and disposal

(1) The Secretary of Energy, in consultation with the Secretary

of Defense, shall transfer to the stockpile for disposal in

accordance with this subchapter uncontaminated materials that are

in the Department of Energy inventory of materials for the

production of defense-related items, are excess to the requirements

of the Department for that purpose, and are suitable for transfer

to the stockpile and disposal through the stockpile.

(2) The Secretary of Defense shall determine whether materials

are suitable for transfer to the stockpile under this subsection,

are suitable for disposal through the stockpile, and are

uncontaminated.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 4, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 320; amended Pub. L. 99-661, div. C, title

II, Sec. 3207(a)(1), Nov. 14, 1986, 100 Stat. 4069; Pub. L.

104-106, div. C, title XXXIII, Sec. 3311, Feb. 10, 1996, 110 Stat.

630.)

-REFTEXT-

REFERENCES IN TEXT

Section 1704(b) of title 7, referred to in subsec. (a)(3), was

amended generally by Pub. L. 101-624, title XV, Sec. 1512, Nov. 28,

1990, 104 Stat. 3635, and, as so amended, no longer contains

provisions relating to a supplemental stockpile.

-MISC1-

PRIOR PROVISIONS

A prior section 98c, acts June 7, 1939, ch. 190, Sec. 4, 53 Stat.

811; July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg. Plan No. 3,

Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958

Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72

Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194;

Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175; Apr.

21, 1976, Pub. L. 94-273, Sec. 37, 90 Stat. 380, required reports

to Congress, prior to repeal by section 2(a) of Pub. L. 96-41. See

section 98h-2 of this title.

AMENDMENTS

1996 - Subsec. (a)(10). Pub. L. 104-106, Sec. 3311(b), added par.

(10).

Subsec. (c). Pub. L. 104-106, Sec. 3311(a), added subsec. (c).

1986 - Pub. L. 99-661 substituted "on July 29, 1979" for "on the

day before the date of the date of enactment of the Strategic and

Critical Materials Stock Piling Revision Act of 1979" in pars. (1)

and (3), and "after July 29, 1979" for "on or after the date of the

enactment of the Strategic and Critical Materials Stock Piling

Revision Act of 1979" in par. (2).

CLARIFICATION OF STOCKPILE STATUS OF CERTAIN MATERIALS

Pub. L. 102-484, div. C, title XXXIII, Sec. 3315, Oct. 23, 1992,

106 Stat. 2654, as amended by Pub. L. 103-337, div. A, title X,

Sec. 1070(c)(4), Oct. 5, 1994, 108 Stat. 2858, provided that: "All

materials purchased under section 303 of the Defense Production Act

of 1950 (50 U.S.C. App. 2093) and held in the Defense Production

Act inventory as of June 30, 1992, are hereby transferred to the

National Defense Stockpile and shall be managed, controlled, and

subject to disposal by the National Defense Stockpile Manager as

provided in the Strategic and Critical Materials Stock Piling Act

(50 U.S.C. 98a et seq.) [50 U.S.C. 98 et seq.]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98b of this title.

-End-

-CITE-

50 USC Sec. 98d 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98d. Authority for stockpile operations

-STATUTE-

(a) Funds appropriated for acquisitions; proposed stockpile

transactions; significant changes therein

(1) Except for acquisitions made under the authority of paragraph

(3) or (4) of section 98e(a) of this title, no funds may be

obligated or appropriated for acquisition of any material under

this subchapter unless funds for such acquisition have been

authorized by law. Funds appropriated for such acquisition (and for

transportation and other incidental expenses related to such

acquisition) shall remain available until expended, unless

otherwise provided in appropriation Acts.

(2) If for any fiscal year the President proposes certain

stockpile transactions in the annual materials plan submitted to

Congress for that year under section 98h-2(b) of this title and

after that plan is submitted the President proposes (or Congress

requires) a significant change in any such transaction, or a

significant transaction not included in such plan, no amount may be

obligated or expended for such transaction during such year until

the President has submitted a full statement of the proposed

transaction to the appropriate committees of Congress and a period

of 45 days has passed from the date of the receipt of such

statement by such committees.

(b) Disposal

Except for disposals made under the authority of paragraph (3),

(4), or (5) of section 98e(a) of this title or under section 98f(a)

of this title, no disposal may be made from the stockpile unless

such disposal, including the quantity of the material to be

disposed of, has been specifically authorized by law.

(c) Authorization of appropriations

There is authorized to be appropriated such sums as may be

necessary to provide for the transportation, processing, refining,

storage, security, maintenance, rotation, and disposal of materials

contained in or acquired for the stockpile. Funds appropriated for

such purposes shall remain available to carry out the purposes for

which appropriated for a period of two fiscal years, if so provided

in appropriation Acts.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 5, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 321; amended Pub. L. 97-35, title II, Sec.

203(a), (b), Aug. 13, 1981, 95 Stat. 381, 382; Pub. L. 98-525,

title IX, Sec. 903, Oct. 19, 1984, 98 Stat. 2573; Pub. L. 99-661,

div. C, title II, Sec. 3207(a)(2), Nov. 14, 1986, 100 Stat. 4069;

Pub. L. 100-180, div. C, title II, Sec. 3206(a), Dec. 4, 1987, 101

Stat. 1247; Pub. L. 102-484, div. C, title XXXIII, Sec. 3312, Oct.

23, 1992, 106 Stat. 2653; Pub. L. 103-160, div. C, title XXXIII,

Sec. 3312, Nov. 30, 1993, 107 Stat. 1962.)

-MISC1-

PRIOR PROVISIONS

A prior section 98d, acts June 7, 1939, ch. 190, Sec. 5, 53 Stat.

812; July 23, 1946, ch. 590, 60 Stat. 598, related to release of

stock pile materials, prior to repeal by section 2(a) of Pub. L.

96-41. See section 98f of this title.

Provisions similar to those in this section were contained in

former sections 98b and 98g of this title prior to repeal by Pub.

L. 96-41.

AMENDMENTS

1993 - Subsec. (a)(2). Pub. L. 103-160 substituted "and a period

of 45 days has passed from the date of the receipt of such

statement by such committees." for "and a period of 30 days has

passed from the date of the receipt of such statement by such

committees. In computing any 30-day period for the purpose of the

preceding sentence, there shall be excluded any day on which either

House of Congress is not in session because of an adjournment of

more than three days to a day certain."

1992 - Subsec. (b). Pub. L. 102-484 struck out "(1)" after "the

stockpile" and ", or (2) if the disposal would result in there

being an unobligated balance in the National Defense Stockpile

Transaction Fund in excess of $100,000,000" after "authorized by

law".

1987 - Subsec. (a)(2). Pub. L. 100-180 struck out "or until each

such committee, before the expiration of such period, notifies the

President that it has no objection to the proposed transaction"

before period at end of first sentence.

1986 - Subsec. (b). Pub. L. 99-661 substituted "paragraph (3),

(4), or (5)" for "paragraph (4) or (5)".

1984 - Subsec. (b)(2). Pub. L. 98-525, Sec. 903(b), substituted

"$100,000,000" for "$250,000,000".

Pub. L. 98-525, Sec. 903(a), substituted "an unobligated balance"

for "a balance" where first appearing and "$250,000,000" for

"$1,000,000,000 or, in the case of a disposal to be made after

September 30, 1983, if the disposal would result in there being a

balance in the fund in excess of $500,000,000".

1981 - Subsec. (a). Pub. L. 97-35, Sec. 203(a), designated

existing provisions as par. (1), inserted applicability to other

incidental expenses, substituted "until expended, unless otherwise"

for "for a period of five fiscal years, if so", and added par. (2).

Subsec. (b). Pub. L. 97-35, Sec. 203(b), inserted designation for

cl. (1) and added cl. (2).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 903(b) of Pub. L. 98-525, as amended by Pub. L. 99-145,

title XVI, Sec. 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in

part that the amendment by section 903(b) of Pub. L. 98-525, is

effective Oct. 1, 1987.

EFFECTIVE DATE OF 1981 AMENDMENT

Section 203(f) of Pub. L. 97-35 provided that: "The amendments

made by subsection (a) [amending this section] shall apply with

respect to funds appropriated for fiscal years beginning after

September 30, 1981."

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53

F.R. 6114, set out under section 98 of this title.

-MISC2-

PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS

Pub. L. 99-145, title XVI, Sec. 1612, Nov. 8, 1985, 99 Stat. 776,

as amended by Pub. L. 99-661, div. C, title II, Sec. 3201, Nov. 14,

1986, 100 Stat. 4067, prohibited action before Oct. 1, 1987, to

implement or administer any change in a stockpile goal in effect on

Oct. 1, 1984, that would result in a reduction in the quality or

quantity of any strategic and critical material acquired for the

National Defense Stockpile.

MATERIALS IN THE NATIONAL DEFENSE STOCKPILE

Provisions relating to certain materials in the National Defense

Stockpile were contained in the following acts:

Pub. L. 107-107, div. C, title XXXIII, Secs. 3301, 3303, 3306(a),

Dec. 28, 2001, 115 Stat. 1388, 1389, 1391.

Pub. L. 106-398, Sec. 1 [div. C, title XXXIII, Sec. 3303], Oct.

30, 2000, 114 Stat. 1654, 1654A-483.

Pub. L. 106-65, div. C, title XXXIV, Sec. 3402(a)-(e), Oct. 5,

1999, 113 Stat. 972, 973.

Pub. L. 106-31, title I, Sec. 303, May 21, 1999, 113 Stat. 67.

Pub. L. 105-262, title VIII, Sec. 8109, Oct. 17, 1998, 112 Stat.

2322.

Pub. L. 105-261, div. C, title XXXIII, Secs. 3301, 3303, Oct. 17,

1998, 112 Stat. 2262, 2263; Pub. L. 106-65, div. C, title XXXIV,

Sec. 3403(a), Oct. 5, 1999, 113 Stat. 973; Pub. L. 106-398, Sec. 1

[div. C, title XXXIII, Sec. 3302], Oct. 30, 2000, 114 Stat. 1654,

1654A-483; Pub. L. 107-107, div. C, title XXXIII, Sec. 3304(a),

Dec. 28, 2001, 115 Stat. 1390.

Pub. L. 105-85, div. A, title XXXIII, Secs. 3301, 3303-3305, Nov.

18, 1997, 111 Stat. 2056, 2057; Pub. L. 106-65, div. C, title

XXXIV, Secs. 3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat. 973; Pub.

L. 107-107, div. C, title XXXIII, Secs. 3304(b), 3305, Dec. 28,

2001, 115 Stat. 1390.

Pub. L. 104-201, div. C, title XXXIII, Secs. 3301, 3303, Sept.

23, 1996, 110 Stat. 2854, 2855; Pub. L. 106-65, div. C, title

XXXIV, Secs. 3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973, 974;

Pub. L. 107-107, div. C, title XXXIII, Sec. 3304(c), Dec. 28, 2001,

115 Stat. 1390.

Pub. L. 103-337, div. C, title XXXIII, Sec. 3304, Oct. 5, 1994,

108 Stat. 3098.

Pub. L. 103-160, div. C, title XXXIII, Secs. 3301, 3303(a), Nov.

30, 1993, 107 Stat. 1960, 1961.

Pub. L. 102-484, div. C, title XXXIII, Secs. 3301-3303, Oct. 23,

1992, 106 Stat. 2649-2651; Pub. L. 103-160, div. C, title XXXIII,

Sec. 3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L. 103-337, div.

A, title X, Sec. 1070(c)(3), div. C, title XXXIII, Sec. 3303, Oct.

5, 1994, 108 Stat. 2858, 3098.

Pub. L. 102-190, div. C, title XXXIII, Sec. 3301, Dec. 5, 1991,

105 Stat. 1583; Pub. L. 102-484, div. C, title XXXIII, Sec. 3308,

Oct. 23, 1992, 106 Stat. 2653.

Pub. L. 102-172, title VIII, Sec. 8094, Nov. 26, 1991, 105 Stat.

1196.

Pub. L. 101-189, div. C, title XXXIII, Secs. 3301, 3302, Nov. 29,

1989, 103 Stat. 1685.

Pub. L. 100-456, div. A, title XV, Sec. 1501, Sept. 29, 1988, 102

Stat. 2085.

Pub. L. 99-661, div. C, title II, Secs. 3204, 3205, Nov. 14,

1986, 100 Stat. 4068.

Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9110], (m) [title V,

Sec. 519], Oct. 30, 1986, 100 Stat. 3341-82, 3341-120, 3341-308,

3341-326.

Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9110], (m) [title V,

Sec. 519], Oct. 18, 1986, 100 Stat. 1783-82, 1783-120, 1783-308,

1783-326.

Pub. L. 98-525, title IX, Secs. 901, 902, Oct. 19, 1984, 98 Stat.

2573.

Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec. 799B], Dec.

21, 1982, 96 Stat. 1866.

Pub. L. 97-114, title VII, Sec. 788, Dec. 29, 1981, 95 Stat.

1592.

Pub. L. 97-35, title II, Sec. 201, Aug. 13, 1981, 95 Stat. 380.

AUTHORIZATION OF APPROPRIATIONS

Section 202 of Pub. L. 97-35 provided that:

"(a) Effective on October 1, 1981, there is authorized to be

appropriated the sum of $535,000,000 for the acquisition of

strategic and critical materials under section 6(a) of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98e(a)).

"(b) Any acquisition using funds appropriated under the

authorization of subsection (a) shall be carried out in accordance

with the provisions of the Strategic and Critical Materials Stock

Piling Act (50 U.S.C. 98 et seq.)."

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS

Act June 22, 1956, ch. 426, 70 Stat. 329, directed Federal

Facilities Corporation immediately to sell or lease

Government-owned tin smelter at Texas City, Texas, and waste acid

plant and other assets of Government's tin program, prescribed

corporate powers of Corporation in regard to sale or lease,

established a Tin Advisory Committee to consult with Corporation,

established periods for receipt and negotiation of purchase

proposals, and provided that if no contract for sale or lease was

effected prior to Jan. 31, 1957, then smelter and other assets be

reported as excess property for transfer and disposal in accordance

with provisions of Federal Property and Administrative Services Act

of 1949.

-TRANS-

MAINTENANCE OF DOMESTIC TIN-SMELTING INDUSTRY; TRANSFER OF

FUNCTIONS, ETC.

Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29,

1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350;

Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title

I, Sec. 103, 67 Stat. 230; June 22, 1956, ch. 426, Sec. 5(a), 70

Stat. 329, declared tin to be a highly strategic and critical

material in short supply, directed that it was in the public

interest that Congress make a thorough investigation on the

advisability of the maintenance of a permanent tin-smelting

industry and study the availability of adequate tin supplies,

provided that the powers, functions, duties, and authority of the

United States exercised by the Reconstruction Finance Corporation

to buy, sell, and transport tin, and tin ore and concentrates, to

improve, develop, maintain, and operate by lease or otherwise the

Government-owned tin smelter at Texas City, Texas, to finance

research in tin smelting and processing, and to do all other things

necessary to the accomplishment of the foregoing continue in effect

until Jan. 31, 1957, or until such earlier time as the Congress

shall otherwise provide, and be exercised and performed by such

officer, agency, or instrumentality of the United States as the

President may designate, authorized diversification of tin-recovery

facilities in the United States, and required the Reconstruction

Finance Corporation to report to Congress on its activities not

later than Dec. 31, 1947, and at the end of each six months

thereafter.

FEDERAL FACILITIES CORPORATION; ABOLITION AND DISSOLUTION OF

RECONSTRUCTION FINANCE CORPORATION AND FEDERAL FACILITIES

CORPORATION

Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, designated

the Federal Facilities Corporation to perform and exercise the

functions formerly performed and exercised by the Reconstruction

Finance Corporation under act June 28, 1947, set out as a note

above. The Reconstruction Finance Corporation, which was created by

the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch.

8, 47 Stat. 5, was subsequently abolished by section 6(a) of Reorg.

Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647,

set out in the Appendix to Title 5, Government Organization and

Employees. The Federal Facilities Corporation was, in turn,

dissolved by Pub. L. 87-190, Sec. 6, Aug. 30, 1961, 75 Stat. 419,

effective Sept. 30, 1961, set out as a note under sections 1921 to

1929 of the Appendix to this title.

-MISC3-

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS;

CANCELLATION OF OBLIGATIONS

Cancellation of obligation of General Services Administration to

Federal Facilities Corporation existing by virtue of section 5(b)

of act June 22, 1956, set out as a note above, see section 4(b) of

Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note

under sections 1921 to 1929 of the Appendix to this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98e, 98h, 98h-2, 98h-6 of

this title.

-End-

-CITE-

50 USC Sec. 98e 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98e. Stockpile management

-STATUTE-

(a) Presidential powers

The President shall -

(1) acquire the materials determined under section 98b(a) of

this title to be strategic and critical materials;

(2) provide for the proper storage, security, and maintenance

of materials in the stockpile;

(3) provide for the upgrading, refining, or processing of any

material in the stockpile (notwithstanding any intermediate

stockpile quantity established for such material) when necessary

to convert such material into a form more suitable for storage,

subsequent disposition, and immediate use in a national

emergency;

(4) provide for the rotation of any material in the stockpile

when necessary to prevent deterioration or technological

obsolescence of such material by replacement of such material

with an equivalent quantity of substantially the same material or

better material;

(5) subject to the notification required by subsection (d)(2)

of this section, provide for the timely disposal of materials in

the stockpile that (A) are excess to stockpile requirements, and

(B) may cause a loss to the Government if allowed to deteriorate;

and

(6) subject to the provisions of section 98d(b) of this title,

dispose of materials in the stockpile the disposal of which is

specifically authorized by law.

(b) Federal procurement practices

Except as provided in subsections (c) and (d) of this section,

acquisition of strategic and critical materials under this

subchapter shall be made in accordance with established Federal

procurement practices, and, except as provided in subsections (c)

and (d) of this section and in section 98f(a) of this title,

disposal of strategic and critical materials from the stockpile

shall be made in accordance with the next sentence. To the maximum

extent feasible -

(1) competitive procedures shall be used in the acquisition and

disposal of such materials; and

(2) efforts shall be made in the acquisition and disposal of

such materials to avoid undue disruption of the usual markets of

producers, processors, and consumers of such materials and to

protect the United States against avoidable loss.

(c) Barter; use of stockpile materials as payment for expenses of

acquiring, refining, processing, or rotating materials

(1) The President shall encourage the use of barter in the

acquisition under subsection (a)(1) of this section of strategic

and critical materials for, and the disposal under subsection

(a)(5) or (a)(6) of this section of materials from, the stockpile

when acquisition or disposal by barter is authorized by law and is

practical and in the best interest of the United States.

(2) Materials in the stockpile (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) shall be available for transfer at fair market

value as payment for expenses (including transportation and other

incidental expenses) of acquisition of materials, or of upgrading,

refining, processing, or rotating materials, under this subchapter.

(3) Notwithstanding section 98b(c) of this title or any other

provision of law, whenever the President provides under subsection

(a)(3) of this section 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.

(4) To the extent otherwise authorized by law, property owned by

the United States may be bartered for materials needed for the

stockpile.

(d) Waiver; notification of proposed disposal of materials

(1) The President may waive the applicability of any provision of

the first sentence of subsection (b) of this section to any

acquisition of material for, or disposal of material from, the

stockpile. Whenever the President waives any such provision with

respect to any such acquisition or disposal, or whenever the

President determines that the application of paragraph (1) or (2)

of such subsection to a particular acquisition or disposal is not

feasible, the President shall notify the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives in writing of the proposed acquisition or

disposal at least 45 days before any obligation of the United

States is incurred in connection with such acquisition or disposal

and shall include in such notification the reasons for not

complying with any provision of such subsection.

(2) Materials in the stockpile may be disposed of under

subsection (a)(5) of this section only if such congressional

committees are notified in writing of the proposed disposal at

least 45 days before any obligation of the United States is

incurred in connection with such disposal.

(e) Leasehold interests in property

The President may acquire leasehold interests in property, for

periods not in excess of twenty years, for storage, security, and

maintenance of materials in the stockpile.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 6, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 321; amended Pub. L. 97-35, title II, Sec.

203(c), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99-661, div. C, title

II, Sec. 3207(b), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 101-189,

div. C, title XXXIII, Sec. 3314, Nov. 29, 1989, 103 Stat. 1688;

Pub. L. 101-510, div. C, title XXXIII, Sec. 3301(a), (b), Nov. 5,

1990, 104 Stat. 1844; Pub. L. 102-190, div. C, title XXXIII, Sec.

3312, Dec. 5, 1991, 105 Stat. 1584; Pub. L. 103-337, div. C, title

XXXIII, Sec. 3302, Oct. 5, 1994, 108 Stat. 3098; Pub. L. 104-106,

div. A, title XV, Sec. 1502(e)(1), Feb. 10, 1996, 110 Stat. 509;

Pub. L. 104-201, div. C, title XXXIII, Sec. 3312(b), (c), Sept. 23,

1996, 110 Stat. 2857; Pub. L. 105-85, div. C, title XXXIII, Sec.

3306, Nov. 18, 1997, 111 Stat. 2058; Pub. L. 106-65, div. A, title

X, Sec. 1067(13), Oct. 5, 1999, 113 Stat. 775.)

-MISC1-

PRIOR PROVISIONS

A prior section 98e, acts June 7, 1939, ch. 190, Sec. 6, 53 Stat.

812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590,

60 Stat. 598; Ex. Ord. No. 9809, eff. Dec. 12, 1946, 11 F.R. 14281;

Ex. Ord. No. 9841, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1949,

ch. 288, title I, Sec. 105, 63 Stat. 381; 1953 Reorg. Plan No. 3,

Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958

Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72

Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194;

Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175,

related to transfer of surplus materials to stock piles, prior to

repeal by section 2(a) of Pub. L. 96-41. See section 98c(b) of this

title.

Provisions similar to those in this section were contained in

former section 98b of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1999 - Subsec. (d)(1). Pub. L. 106-65 substituted "and the

Committee on Armed Services" for "and the Committee on National

Security".

1997 - Subsec. (b). Pub. L. 105-85, in first sentence,

substituted "strategic and critical materials from the stockpile

shall be made in accordance with the next sentence" for "materials

from the stockpile shall be made by formal advertising or

competitive negotiation procedures".

1996 - Subsec. (d)(1). Pub. L. 104-201, Sec. 3312(b), substituted

"45 days" for "thirty days".

Pub. L. 104-106, Sec. 1502(e)(1)(A), substituted "Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives" for "Committees on Armed Services

of the Senate and House of Representatives".

Subsec. (d)(2). Pub. L. 104-201, Sec. 3312(c), substituted "45

days" for "thirty days".

Pub. L. 104-106, Sec. 1502(e)(1)(B), substituted "such

congressional committees" for "the Committees on Armed Services of

the Senate and House of Representatives".

1994 - Subsec. (a)(4). Pub. L. 103-337 inserted "or technological

obsolescence" after "deterioration".

1991 - Subsec. (a)(4). Pub. L. 102-190 inserted before semicolon

"or better material".

1990 - Subsec. (a)(3). Pub. L. 101-510, Sec. 3301(b)(1),

substituted "upgrading, refining," for "refining", inserted

"(notwithstanding any intermediate stockpile quantity established

for such material)" after "stockpile", and substituted "storage,

subsequent disposition, and immediate use in a national emergency"

for "storage and subsequent disposition".

Subsec. (c)(1). Pub. L. 101-510, Sec. 3301(b)(2), inserted "under

subsection (a)(1) of this section" after "the acquisition" and

"under subsection (a)(5) or (a)(6) of this section" after "the

disposal".

Subsec. (c)(2). Pub. L. 101-510, Sec. 3301(b)(3), substituted

"(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)" for ", the

disposition of which is authorized by law," and "of upgrading,

refining" for "of refining".

Subsec. (c)(3), (4). Pub. L. 101-510, Sec. 3301(a), added par.

(3) and redesignated former par. (3) as (4).

1989 - Subsec. (b). Pub. L. 101-189, Sec. 3314(1), inserted "and"

at end of par. (1), substituted a period for "; and" at end of par.

(2), and struck out par. (3) which read as follows: "disposal of

such materials shall be made for domestic consumption."

Subsec. (d)(1). Pub. L. 101-189, Sec. 3314(2), substituted

"paragraph (1) or (2)" for "paragraph (1), (2), or (3)".

1986 - Subsec. (a)(3). Pub. L. 99-661 substituted "a form more"

for "the form most".

1981 - Subsec. (a)(6). Pub. L. 97-35 inserted reference to

section 98d(b) of this title.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53

F.R. 6114, set out under section 98 of this title.

-MISC2-

ACQUISITION OF DEPLETED URANIUM FOR NATIONAL DEFENSE STOCKPILE

Pub. L. 101-511, title VIII, Sec. 8095, Nov. 5, 1990, 104 Stat.

1896, directed President, using funds available in National Defense

Stockpile Transaction Fund, to acquire over a period of ten years

from current domestic sources not less than thirty-six million

pounds of depleted uranium to be held in National Defense

Stockpile, prior to repeal by Pub. L. 102-172, title VIII, Sec.

8027A, Nov. 26, 1991, 105 Stat. 1177.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98d, 98h, 98h-2 of this

title.

-End-

-CITE-

50 USC Sec. 98e-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98e-1. Transferred

-COD-

CODIFICATION

Section, act June 7, 1939, ch. 190, Sec. 6A, as added Nov. 14,

1986, Pub. L. 99-661, div. C, title II, Sec. 3202(a), 100 Stat.

4067; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, Sec.

3203(a), 101 Stat. 1246, which related to National Defense

Stockpile Manager, was transferred to section 98h-7 of this title.

-End-

-CITE-

50 USC Sec. 98f 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98f. Special Presidential disposal authority

-STATUTE-

(a) Materials in the stockpile may be released for use, sale, or

other disposition -

(1) on the order of the President, at any time the President

determines the release of such materials is required for purposes

of the national defense; and

(2) in time of war declared by the Congress or during a

national emergency, on the order of any officer or employee of

the United States designated by the President to have authority

to issue disposal orders under this subsection, if such officer

or employee determines that the release of such materials is

required for purposes of the national defense.

(b) Any order issued under subsection (a) of this section shall

be promptly reported by the President, or by the officer or

employee issuing such order, in writing, to the Committee on Armed

Services of the Senate and the Committee on Armed Services of the

House of Representatives.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 7, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 322; amended Pub. L. 104-106, div. A, title

XV, Sec. 1502(e)(2), Feb. 10, 1996, 110 Stat. 509; Pub. L. 106-65,

div. A, title X, Sec. 1067(13), Oct. 5, 1999, 113 Stat. 775.)

-MISC1-

PRIOR PROVISIONS

A prior section 98f, acts June 7, 1939, ch. 190, Sec. 7, 53 Stat.

812; July 23, 1946, ch. 590, 60 Stat. 599, related to

investigations of domestic ores, minerals, and agriculture

resources for purposes of development, etc., prior to repeal by

section 2(a) of Pub. L. 96-41.

Provisions similar to those in this section were contained in

former section 98d of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted "and the Committee

on Armed Services" for "and the Committee on National Security".

1996 - Subsec. (b). Pub. L. 104-106 substituted "Committee on

Armed Services of the Senate and the Committee on National Security

of the House of Representatives" for "Committees on Armed Services

of the Senate and House of Representatives".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98d, 98e, 98h, 98h-7 of

this title.

-End-

-CITE-

50 USC Sec. 98g 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98g. Materials development and research

-STATUTE-

(a) Development, mining, preparation, treatment, and utilization of

ores and other mineral substances

(1) The President shall make scientific, technologic, and

economic investigations concerning the development, mining,

preparation, treatment, and utilization of ores and other mineral

substances that (A) are found in the United States, or in its

territories or possessions, (B) are essential to the national

defense, industrial, and essential civilian needs of the United

States, and (C) are found in known domestic sources in inadequate

quantities or grades.

(2) Such investigations shall be carried out in order to -

(A) determine and develop new domestic sources of supply of

such ores and mineral substances;

(B) devise new methods for the treatment and utilization of

lower grade reserves of such ores and mineral substances; and

(C) develop substitutes for such essential ores and mineral

products.

(3) Investigations under paragraph (1) may be carried out on

public lands and, with the consent of the owner, on privately owned

lands for the purpose of exploring and determining the extent and

quality of deposits of such minerals, the most suitable methods of

mining and beneficiating such minerals, and the cost at which the

minerals or metals may be produced.

(b) Development of sources of supplies of agricultural materials;

use of agricultural commodities for manufacture of materials

The President shall make scientific, technologic, and economic

investigations of the feasibility of developing domestic sources of

supplies of any agricultural material or for using agricultural

commodities for the manufacture of any material determined pursuant

to section 98b(a) of this title to be a strategic and critical

material or substitutes therefor.

(c) Development of sources of supply of other materials;

development or use of alternative methods for refining or

processing materials in stockpile

The President shall make scientific, technologic, and economic

investigations concerning the feasibility of -

(1) developing domestic sources of supply of materials (other

than materials referred to in subsections (a) and (b) of this

section) determined pursuant to section 98b(a) of this title to

be strategic and critical materials; and

(2) developing or using alternative methods for the refining or

processing of a material in the stockpile so as to convert such

material into a form more suitable for use during an emergency or

for storage.

(d) Grants and contracts to encourage conservation of strategic and

critical materials

The President shall encourage the conservation of domestic

sources of any material determined pursuant to section 98b(a) of

this title to be a strategic and critical material by making grants

or awarding contracts for research regarding the development of -

(1) substitutes for such material; or

(2) more efficient methods of production or use of such

material.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 8, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 322; amended Pub. L. 101-189, div. C, title

XXXIII, Sec. 3311, Nov. 29, 1989, 103 Stat. 1686.)

-MISC1-

PRIOR PROVISIONS

A prior section 98g, act June 7, 1939, ch. 190, Sec. 8, as added

July 23, 1946, ch. 590, 60 Stat. 600; amended 1953 Reorg. Plan No.

3, Sec. 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958

Reorg. Plan No. 1, Sec. 2, eff. July 1, 1958, 23 F.R. 4991, 72

Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, Sec. 402, 82 Stat. 1194;

Ex. Ord. No. 11725, Sec. 3, eff. June 29, 1973, 38 F.R. 17175,

authorized appropriations for procurement, transportation,

maintenance, rotation, storage, and refining or processing of

materials acquired under this subchapter, prior to repeal by

section 2(a) of Pub. L. 96-41. See section 98d(c) of this title.

Provisions similar to those in this section were contained in

former section 98f of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1989 - Subsecs. (c), (d). Pub. L. 101-189 added subsecs. (c) and

(d).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (a) of this section

delegated to Secretary of the Interior and functions of President

under subsec. (b) of this section delegated to Secretary of

Agriculture by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53

F.R. 6114, set out under section 98 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98h-2 of this title.

-End-

-CITE-

50 USC Sec. 98h 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h. National Defense Stockpile Transaction Fund

-STATUTE-

(a) Establishment

There is established in the Treasury of the United States a

separate fund to be known as the National Defense Stockpile

Transaction Fund (hereinafter in this section referred to as the

"fund").

(b) Fund operations

(1) All moneys received from the sale of materials in the

stockpile under paragraphs (5) and (6) of section 98e(a) of this

title shall be covered into the fund.

(2) Subject to section 98d(a)(1) of this title, moneys covered

into the fund under paragraph (1) are hereby made available

(subject to such limitations as may be provided in appropriation

Acts) for the following purposes:

(A) The acquisition, maintenance, and disposal of strategic and

critical materials under section 98e(a) of this title.

(B) Transportation, storage, and other incidental expenses

related to such acquisition, maintenance, and disposal.

(C) Development of current specifications of stockpile

materials and the upgrading of existing stockpile materials to

meet current specifications (including transportation, when

economical, related to such upgrading).

(D) Testing and quality studies of stockpile materials.

(E) Studying future material and mobilization requirements for

the stockpile.

(F) Activities authorized under section 98h-6 of this title.

(G) Contracting under competitive procedures for materials

development and research to -

(i) improve the quality and availability of materials

stockpiled from time to time in the stockpile; and

(ii) develop new materials for the stockpile.

(H) Improvement or rehabilitation of facilities, structures,

and infrastructure needed to maintain the integrity of stockpile

materials.

(I) Disposal of hazardous materials that are stored in the

stockpile and authorized for disposal by law.

(J) Performance of environmental remediation, restoration,

waste management, or compliance activities at locations of the

stockpile that are required under a Federal law or are undertaken

by the Government under an administrative decision or negotiated

agreement.

(K) Pay of employees of the National Defense Stockpile program.

(L) Other expenses of the National Defense Stockpile program.

(3) Moneys in the fund shall remain available until expended.

(c) Moneys received from sale of materials being rotated or

disposed of

All moneys received from the sale of materials being rotated

under the provisions of section 98e(a)(4) of this title or disposed

of under section 98f(a) of this title shall be covered into the

fund and shall be available only for the acquisition of replacement

materials.

(d) Effect of bartering

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) of this section; and

(3) not increase or decrease the balance in the fund.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 9, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 323; amended Pub. L. 97-35, title II, Sec.

203(d), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99-661, div. C, title

II, Sec. 3203(a), Nov. 14, 1986, 100 Stat. 4067; Pub. L. 100-180,

div. C, title II, Sec. 3204, Dec. 4, 1987, 101 Stat. 1247; Pub. L.

101-189, div. C, title XXXIII, Sec. 3312(b), Nov. 29, 1989, 103

Stat. 1688; Pub. L. 101-510, div. C, title XXXIII, Sec. 3301(c),

Nov. 5, 1990, 104 Stat. 1845; Pub. L. 102-190, div. C, title

XXXIII, Sec. 3311(a), Dec. 5, 1991, 105 Stat. 1584; Pub. L.

102-484, div. C, title XXXIII, Sec. 3313, Oct. 23, 1992, 106 Stat.

2653; Pub. L. 103-160, div. C, title XXXIII, Sec. 3313, Nov. 30,

1993, 107 Stat. 1962; Pub. L. 105-261, div. C, title XXXIII, Sec.

3304, Oct. 17, 1998, 112 Stat. 2264.)

-MISC1-

PRIOR PROVISIONS

A prior section 98h, act June 7, 1939, ch. 190, Sec. 9, as added

July 23, 1946, ch. 590, 60 Stat. 600, related to disposition of

receipts, prior to repeal by section 2(a) of Pub. L. 96-41. See

section 98h(b)(1) of this title.

AMENDMENTS

1998 - Subsec. (b)(2)(J) to (L). Pub. L. 105-261 added subpar.

(J) and redesignated former subpars. (J) and (K) as (K) and (L),

respectively.

1993 - Subsec. (b)(2)(J), (K). Pub. L. 103-160, Sec. 3313(a),

added subpars. (J) and (K).

Subsec. (b)(4). Pub. L. 103-160, Sec. 3313(b), struck out par.

(4) which read as follows: "Notwithstanding paragraph (2), moneys

in the fund may not be used to pay salaries and expenses of

stockpile employees."

1992 - Subsec. (b)(2)(A). Pub. L. 102-484, Sec. 3313(a)(1),

inserted ", maintenance, and disposal" after "acquisition" and

substituted "section 98e(a)" for "section 98e(a)(1)".

Subsec. (b)(2)(B). Pub. L. 102-484, Sec. 3313(a)(2), substituted

"such acquisition, maintenance, and disposal" for "such

acquisition".

Subsec. (b)(2)(H), (I). Pub. L. 102-484, Sec. 3313(b), added

subpars. (H) and (I).

Subsec. (b)(4). Pub. L. 102-484, Sec. 3313(c), added par. (4).

1991 - Subsec. (b)(2)(G). Pub. L. 102-190 added subpar. (G).

1990 - Subsec. (d). Pub. L. 101-510 added subsec. (d).

1989 - Subsec. (b)(2)(F). Pub. L. 101-189 added subpar. (F).

1987 - Subsec. (b)(2)(F). Pub. L. 100-180 struck out subpar. (F)

which related to other reasonable requirements for management of

stockpile.

1986 - Subsec. (b)(1). Pub. L. 99-661, Sec. 3203(a)(1), struck

out "Such moneys shall remain in the fund until appropriated."

after "covered into the fund."

Subsec. (b)(2), (3). Pub. L. 99-661, Sec. 3203(a)(2), added pars.

(2) and (3) and struck out former pars. (2) and (3) which read as

follows:

"(2) Moneys covered into the fund under paragraph (1) shall be

available, when appropriated therefor, only for the acquisition of

strategic and critical materials under section 98e(a)(1) of this

title (and for transportation related to such acquisition).

"(3) Moneys in the fund, when appropriated, shall remain

available until expended, unless otherwise provided in

appropriation Acts."

1981 - Subsec. (b). Pub. L. 97-35 in par. (1) struck out

provisions relating to moneys remaining in the fund at the end of

the third fiscal year following the fiscal year in which received,

and in par. (3) substituted provisions respecting funds remaining

available until expended, for provisions relating to funds

remaining available for a period of five fiscal years.

USE OF FUNDS FROM NATIONAL DEFENSE STOCKPILE TRANSACTION FUND TO

MEET NATIONAL DEFENSE STOCKPILE GOALS AND SPECIFICATIONS IN EFFECT

ON OCTOBER 1, 1984

Pub. L. 100-440, title V, Sec. 518, Sept. 22, 1988, 102 Stat.

1748, directed that, no later than Oct. 1, 1989, Administrator of

General Services, or any Federal officer assuming Administrator's

responsibilities with respect to management of the stockpile, to

use all funds authorized and appropriated before Jan. 1, 1985, from

National Defense Stockpile Transaction Fund to evaluate, test,

relocate, upgrade or purchase stockpile materials to meet National

Defense Stockpile goals and specifications in effect on Oct. 1,

1984. Similar provisions were contained in the following prior

appropriation acts:

Pub. L. 100-202, Sec. 101(m) [title V, Sec. 519], Dec. 22, 1987,

101 Stat. 1329-390, 1329-417.

Pub. L. 99-500, Sec. 101(m) [title V, Sec. 520], Oct. 18, 1986,

100 Stat. 1783-308, 1783-326, and Pub. L. 99-591, Sec. 101(m)

[title V, Sec. 520], Oct. 30, 1986, 100 Stat. 3341-308, 3341-326.

DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM RESERVES

Pub. L. 98-525, title IX, Sec. 905, Oct. 19, 1984, 98 Stat. 2574,

as amended by Pub. L. 99-145, title XVI, Sec. 1611(a), Nov. 8,

1985, 99 Stat. 776, provided that: "There shall be deposited into

the National Defense Stockpile Transaction Fund established under

section 9 of the Act (50 U.S.C. 98h) 30 percent of all money

accruing to the United States during fiscal years 1985 and 1986

from lands in the naval petroleum and oil shale reserves (less

amounts spent for exploration, development and operation of those

reserves and related expenses during that period). Moneys deposited

into the Fund under this subsection shall be deemed to have been

covered into the Fund under section 9(b) of the Act."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98h-2 of this title.

-End-

-CITE-

50 USC Sec. 98h-1 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-1. Advisory committees

-STATUTE-

(a) Membership

The President may appoint advisory committees composed of

individuals with expertise relating to materials in the stockpile

or with expertise in stockpile management to advise the President

with respect to the acquisition, transportation, processing,

refining, storage, security, maintenance, rotation, and disposal of

such materials under this subchapter.

(b) Expenses

Each member of an advisory committee established under subsection

(a) of this section while serving on the business of the advisory

committee away from such member's home or regular place of business

shall be allowed travel expenses, including per diem in lieu of

subsistence, as authorized by section 5703 of title 5 for persons

intermittently employed in the Government service.

(c) Market Impact Committee

(1) The President shall appoint a Market Impact Committee

composed of representatives from the Department of Agriculture, the

Department of Commerce, the Department of Defense, the Department

of Energy, the Department of the Interior, the Department of State,

the Department of the Treasury, and the Federal Emergency

Management Agency, and such other persons as the President

considers appropriate. The representatives from the Department of

Commerce and the Department of State shall be Cochairmen of the

Committee.

(2) The Committee shall advise the National Defense Stockpile

Manager on the projected domestic and foreign economic effects of

all acquisitions and disposals of materials from the stockpile that

are proposed to be included in the annual materials plan submitted

to Congress under section 98h-2(b) of this title, or in any

revision of such plan, and shall submit to the manager the

Committee's recommendations regarding those acquisitions and

disposals.

(3) The annual materials plan or the revision of such plan, as

the case may be, shall contain -

(A) the views of the Committee on the projected domestic and

foreign economic effects of all acquisitions and disposals of

materials from the stockpile;

(B) the recommendations submitted by the Committee under

paragraph (2); and

(C) for each acquisition or disposal provided for in the plan

or revision that is inconsistent with a recommendation of the

Committee, a justification for the acquisition or disposal.

(4) In developing recommendations for the National Defense

Stockpile Manager under paragraph (2), the Committee shall consult

from time to time with representatives of producers, processors,

and consumers of the types of materials stored in the stockpile.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 10, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 323; amended Pub. L. 102-484, div. C, title

XXXIII, Sec. 3314, Oct. 23, 1992, 106 Stat. 2654.)

-MISC1-

PRIOR PROVISIONS

A prior section 10 of act June 7, 1939, ch. 190, Sec. 10, was

renumbered section 13 and is classified to section 98h-4 of this

title.

Provisions similar to those in this section were contained in

former section 98a(b) of this title prior to repeal by Pub. L.

96-41.

AMENDMENTS

1992 - Subsec. (c). Pub. L. 102-484 added subsec. (c).

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the Federal Emergency Management Agency, including the functions of

the Director of the Federal Emergency Management Agency relating

thereto, to the Secretary of Homeland Security, and for treatment

of related references, see sections 313(1), 551(d), 552(d), and 557

of Title 6, Domestic Security, and the Department of Homeland

Security Reorganization Plan of November 25, 2002, as modified, set

out as a note under section 542 of Title 6.

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53

F.R. 6114, set out under section 98 of this title.

-MISC2-

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided for by law. See section 14 of Pub. L. 92-463, Oct. 6,

1972, 86 Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

ADVISORY COMMITTEE REGARDING OPERATION AND MODERNIZATION OF

STOCKPILE

Section 3306 of Pub. L. 102-484 provided that:

"(a) Appointment. - Not later than March 15, 1993, the President

shall appoint an advisory committee under section 10(a) of the

Strategic and Critical Materials Stock Piling Act (50 U.S.C.

98h-1(a)) to make recommendations to the President concerning the

operation and modernization of the National Defense Stockpile.

"(b) Membership. - The committee shall consist of members who

have expertise regarding strategic and critical materials,

including -

"(1) employees of Federal agencies (including the Department of

Defense, the Department of State, the Department of Commerce, the

Department of Energy, the Department of the Treasury, the

Department of the Interior, and the Federal Emergency Management

Agency);

"(2) representatives of mining, processing, and fabricating

industries and consumers that would be affected by the

acquisition of materials for the stockpile or the disposal of

materials from the stockpile; and

"(3) other interested persons or representatives of interested

organizations."

-End-

-CITE-

50 USC Sec. 98h-2 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-2. Reports to Congress

-STATUTE-

(a) Not later than January 15 of each year, the President shall

submit to the Congress an annual written report detailing

operations under this subchapter. Each such report shall include -

(1) information with respect to foreign and domestic purchases

of materials during the preceding fiscal year;

(2) information with respect to the acquisition and disposal of

materials under this subchapter by barter, as provided for in

section 98e(c) of this title, during such fiscal year;

(3) information with respect to the activities by the Stockpile

Manager to encourage the conservation, substitution, and

development of strategic and critical materials within the United

States;

(4) information with respect to the research and development

activities conducted under sections 98a and 98g of this title;

(5) a statement and explanation of the financial status of the

National Defense Stockpile Transaction Fund and the anticipated

appropriations to be made to the fund, and obligations to be made

from the fund, during the current fiscal year; and

(6) such other pertinent information on the administration of

this subchapter as will enable the Congress to evaluate the

effectiveness of the program provided for under this subchapter

and to determine the need for additional legislation.

(b)(1) Not later than February 15 of each year, the President

shall submit to the appropriate committees of the Congress a report

containing an annual materials plan for the operation of the

stockpile during the next fiscal year and the succeeding four

fiscal years.

(2) Each such report shall include details of all planned

expenditures from the National Defense Stockpile Transaction Fund

during such period (including expenditures to be made from

appropriations from the general fund of the Treasury) and of

anticipated receipts from proposed disposals of stockpile materials

during such period. Each such report shall also contain details

regarding the materials development and research projects to be

conducted under section 98h(b)(2)(G) of this title during the

fiscal years covered by the report. With respect to each

development and research project, the report shall specify the

amount planned to be expended from the fund, the material intended

to be developed, the potential military or defense industrial

applications for that material, and the development and research

methodologies to be used.

(3) Any proposed expenditure or disposal detailed in the annual

materials plan for any such fiscal year, and any expenditure or

disposal proposed in connection with any transaction submitted for

such fiscal year to the appropriate committees of Congress pursuant

to section 98d(a)(2) of this title, that is not obligated or

executed in that fiscal year may not be obligated or executed until

such proposed expenditure or disposal is resubmitted in a

subsequent annual materials plan or is resubmitted to the

appropriate committees of Congress in accordance with section

98d(a)(2) of this title, as appropriate.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 11, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 324; amended Pub. L. 97-35, title II, Sec.

203(e), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99-661, div. C, title

II, Sec. 3207(a)(3), Nov. 14, 1986, 100 Stat. 4069; Pub. L.

100-180, div. C, title II, Sec. 3205, Dec. 4, 1987, 101 Stat. 1247;

Pub. L. 100-456, div. A, title XV, Sec. 1503, Sept. 29, 1988, 102

Stat. 2086; Pub. L. 101-189, div. C, title XXXIII, Sec. 3315, Nov.

29, 1989, 103 Stat. 1688; Pub. L. 102-190, div. C, title XXXIII,

Secs. 3311(b), 3313(a), Dec. 5, 1991, 105 Stat. 1584; Pub. L.

103-35, title II, Sec. 204(d), May 31, 1993, 107 Stat. 103.)

-MISC1-

PRIOR PROVISIONS

A prior section 11 of act June 7, 1939, ch. 190, formerly Sec.

10, as added July 23, 1946, ch. 590, 60 Stat. 596; renumbered Sec.

11, Pub. L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat.

427, was set out as a Short Title note under section 98 of this

title, prior to repeal by section 2(b)(2) of Pub. L. 96-41.

Provisions similar to those in this section were contained in

former section 98c of this title prior to repeal by Pub. L. 96-41.

AMENDMENTS

1993 - Subsec. (a)(1). Pub. L. 103-35 substituted "fiscal year"

for "six-month period".

1991 - Subsec. (a). Pub. L. 102-190, Sec. 3313(a)(1), substituted

"Not later than January 15 of each year, the President" for "The

President" and "an annual" for "every six months a".

Subsec. (a)(1). Pub. L. 102-190, Sec. 3313(a)(2), which directed

the substitution of "fiscal year" for "6-month period", could not

be executed because the words "6-month period" did not appear in

text.

Subsec. (a)(2). Pub. L. 102-190, Sec. 3313(a)(3), substituted

"fiscal year" for "period".

Subsec. (a)(5). Pub. L. 102-190, Sec. 3313(a)(4), substituted

"current fiscal year" for "next fiscal year".

Subsec. (b)(1). Pub. L. 102-190, Sec. 3311(b)(1), designated

first sentence of subsec. (b) relating to submission of report as

par. (1).

Subsec. (b)(2). Pub. L. 102-190, Sec. 3311(b), designated second

sentence of subsec. (b) relating to contents of report as par. (2)

and inserted at end "Each such report shall also contain details

regarding the materials development and research projects to be

conducted under section 98h(b)(2)(G) of this title during the

fiscal years covered by the report. With respect to each

development and research project, the report shall specify the

amount planned to be expended from the fund, the material intended

to be developed, the potential military or defense industrial

applications for that material, and the development and research

methodologies to be used."

Subsec. (b)(3). Pub. L. 102-190, Sec. 3311(b)(1), designated

third sentence of subsec. (b) relating to resubmission of proposed

expenditures and disposals not obligated or executed as par. (3).

1989 - Subsec. (a)(5). Pub. L. 101-189 substituted "made to the

fund, and obligations to be made from the fund," for "made from the

fund".

1988 - Subsec. (a)(3) to (6). Pub. L. 100-456, Sec. 1503(a),

added pars. (3) and (4) and redesignated former pars. (3) and (4)

as (5) and (6), respectively.

Subsec. (b). Pub. L. 100-456, Sec. 1503(b), substituted "the next

fiscal year" for "such fiscal year" and "all planned expenditures

from the National Defense Stockpile Transaction Fund" for "planned

expenditures for acquisition of strategic and critical materials"

and inserted at end "Any proposed expenditure or disposal detailed

in the annual materials plan for any such fiscal year, and any

expenditure or disposal proposed in connection with any transaction

submitted for such fiscal year to the appropriate committees of

Congress pursuant to section 98d(a)(2) of this title, that is not

obligated or executed in that fiscal year may not be obligated or

executed until such proposed expenditure or disposal is resubmitted

in a subsequent annual materials plan or is resubmitted to the

appropriate committees of Congress in accordance with section

98d(a)(2) of this title, as appropriate."

1987 - Subsec. (b). Pub. L. 100-180 substituted "Not later than

February 15 of each year, the President" for "The President" and

struck out "each year, at the time that the Budget is submitted to

Congress pursuant to section 1105 of title 31 for the next fiscal

year," after "Congress".

1986 - Subsec. (b). Pub. L. 99-661 substituted "each year, at the

time that the Budget is submitted to Congress pursuant to section

1105 of title 31 for the next fiscal year," for each year with the

Budget submitted to Congress pursuant to section 201a of the Budget

and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal

year".

1981 - Pub. L. 97-35 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under this section delegated to Secretary

of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53

F.R. 6114, set out under section 98 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98d, 98h-1, 98h-6 of this

title.

-End-

-CITE-

50 USC Sec. 98h-3 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-3. Definitions

-STATUTE-

For the purposes of this subchapter:

(1) The term "strategic and critical materials" means materials

that (A) would be needed to supply the military, industrial, and

essential civilian needs of the United States during a national

emergency, and (B) are not found or produced in the United States

in sufficient quantities to meet such need.

(2) The term "national emergency" means a general declaration

of emergency with respect to the national defense made by the

President or by the Congress.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 12, as added Pub. L. 96-41, Sec. 2(a),

July 30, 1979, 93 Stat. 324.)

-End-

-CITE-

50 USC Sec. 98h-4 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-4. Importation of strategic and critical materials

-STATUTE-

The President may not prohibit or regulate the importation into

the United States of any material determined to be strategic and

critical pursuant to the provisions of this subchapter, if such

material is the product of any foreign country or area not listed

in general note 3(b) of the Harmonized Tariff Schedule of the

United States (19 U.S.C. 1202), for so long as the importation into

the United States of material of that kind which is the product of

a country or area listed in such general note is not prohibited by

any provision of law.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 13, formerly Sec. 10, as added Pub. L.

92-156, title V, Sec. 503(2), Nov. 17, 1971, 85 Stat. 427;

renumbered Sec. 13, Pub. L. 96-41, Sec. 2(b)(1), July 30, 1979, 93

Stat. 324; amended Pub. L. 100-180, div. C, title II, Sec. 3206(b),

(c), Dec. 4, 1987, 101 Stat. 1247; Pub. L. 100-418, title I, Sec.

1214(o), Aug. 23, 1988, 102 Stat. 1159; Pub. L. 104-201, div. C,

title XXXIII, Sec. 3313, Sept. 23, 1996, 110 Stat. 2857.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in text, is not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of Title 19,

Customs Duties.

-COD-

CODIFICATION

Section was formerly classified to section 98h-1 of this title.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 substituted "not listed in general note"

for "not listed as a Communist-dominated country or area in general

note" and "product of a country or area listed in such general

note" for "product of such Communist-dominated countries or areas".

1988 - Pub. L. 100-418 substituted "general note 3(b) of the

Harmonized Tariff Schedule of the United States" for "general

headnote 3(d) of the Tariff Schedules of the United States".

1987 - Pub. L. 100-180 inserted section catchline and, in text,

substituted "The President" for "Notwithstanding any other

provision of law, on and after January 1, 1972, the President".

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of Title 19, Customs Duties.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98h-7 of this title.

-End-

-CITE-

50 USC Sec. 98h-5 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-5. Biennial report on stockpile requirements

-STATUTE-

(a) In general

Not later than January 15 of every other year, the Secretary of

Defense shall submit to Congress a report on stockpile

requirements. Each such report shall include -

(1) the Secretary's recommendations with respect to stockpile

requirements; and

(2) the matters required under subsection (b) of this section.

(b) National emergency planning assumptions

Each report under this section shall set forth the national

emergency planning assumptions used by the Secretary in making the

Secretary's recommendations under subsection (a)(1) of this section

with respect to stockpile requirements. The Secretary shall base

the national emergency planning assumptions on a military conflict

scenario consistent with the scenario used by the Secretary in

budgeting and defense planning purposes. The assumptions to be set

forth include assumptions relating to each of the following:

(1) The length and intensity of the assumed military conflict.

(2) The military force structure to be mobilized.

(3) The losses anticipated from enemy action.

(4) The military, industrial, and essential civilian

requirements to support the national emergency.

(5) The availability of supplies of strategic and critical

materials from foreign sources during the mobilization period,

the military conflict, and the subsequent period of

replenishment, taking into consideration possible shipping

losses.

(6) The domestic production of strategic and critical materials

during the mobilization period, the military conflict, and the

subsequent period of replenishment, taking into consideration

possible shipping losses.

(7) Civilian austerity measures required during the

mobilization period and military conflict.

(c) Period within which to replace or replenish materials

The stockpile requirements shall be based on those strategic and

critical materials necessary for the United States to replenish or

replace, within three years of the end of the military conflict

scenario required under subsection (b) of this section, all

munitions, combat support items, and weapons systems that would be

required after such a military conflict.

(d) Effect of alternative mobilization periods

The Secretary shall also include in each report under this

section an examination of the effect that alternative mobilization

periods under the military conflict scenario required under

subsection (b) of this section, as well as a range of other

military conflict scenarios addressing potentially more serious

threats to national security, would have on the Secretary's

recommendations under subsection (a)(1) of this section with

respect to stockpile requirements.

(e) Plans of President

The President shall submit with each report under this section a

statement of the plans of the President for meeting the

recommendations of the Secretary set forth in the report.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 14, as added Pub. L. 100-180, div. C,

title II, Sec. 3202(c), Dec. 4, 1987, 101 Stat. 1246; amended Pub.

L. 102-190, div. C, title XXXIII, Sec. 3313(b)(1), (2), Dec. 5,

1991, 105 Stat. 1585; Pub. L. 103-160, div. C, title XXXIII, Sec.

3314, Nov. 30, 1993, 107 Stat. 1962; Pub. L. 104-201, div. C, title

XXXIII, Sec. 3313(a), Sept. 23, 1996, 110 Stat. 2856.)

-MISC1-

AMENDMENTS

1996 - Subsecs. (b) to (e). Pub. L. 104-201 added subsecs. (b) to

(d), redesignated former subsec. (c) as (e), and struck out former

subsec. (b) which related to national emergency planning

assumptions set forth in reports required under this section.

1993 - Subsec. (b). Pub. L. 103-160 struck out before period at

end of first sentence ", based upon total mobilization of the

economy of the United States for a sustained conventional global

war for a period of not less than three years" and inserted after

first sentence "Before October 1, 1994, such assumptions shall be

based upon the total mobilization of the economy of the United

States for a sustained conventional global war for a period of not

less than three years. On and after October 1, 1994, such

assumptions shall be based on an assumed national emergency

involving military conflict that necessitates an expansion of the

Armed Forces together with a significant mobilization of the

economy of the United States."

1991 - Pub. L. 102-190, Sec. 3313(b)(2), substituted "Biennial"

for "Annual" in section catchline.

Subsec. (a). Pub. L. 102-190, Sec. 3313(b)(1), in introductory

provisions, substituted "Not later than January 15 of every other

year, the Secretary" for "The Secretary" and "a report" for "an

annual report" and struck out "shall be submitted with the annual

report submitted under section 98h-2(b) of this title and" before

"shall include".

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

3311(c) of Pub. L. 104-201, set out as a note under section 98a of

this title.

INITIAL REPORT DUE DATE

Section 3313(b)(3) of Pub. L. 102-190 provided that: "The first

report required by section 14(a) of the Strategic and Critical

Materials Stock Piling Act (50 U.S.C. 98h-5(a)), as amended by

paragraph (1) shall be submitted not later than January 15, 1993."

-End-

-CITE-

50 USC Sec. 98h-6 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-6. Development of domestic sources

-STATUTE-

(a) Purchase of materials of domestic origin; processing of

materials in domestic facilities

Subject to subsection (c) of this section and to the extent the

President determines such action is required for the national

defense, the President shall encourage the development of domestic

sources for materials determined pursuant to section 98b(a) of this

title to be strategic and critical materials -

(1) by purchasing, or making a commitment to purchase,

strategic and critical materials of domestic origin when such

materials are needed for the stockpile; and

(2) by contracting with domestic facilities, or making a

commitment to contract with domestic facilities, for the

processing or refining of strategic and critical materials in the

stockpile when processing or refining is necessary to convert

such materials into a form more suitable for storage and

subsequent disposition.

(b) Terms and conditions of contracts and commitments

A contract or commitment made under subsection (a) of this

section may not exceed five years from the date of the contract or

commitment. Such purchases and commitments to purchase may be made

for such quantities and on such terms and conditions, including

advance payments, as the President considers to be necessary.

(c) Proposed transactions included in annual materials plan;

availability of funds

(1) Descriptions of proposed transactions under subsection (a) of

this section shall be included in the appropriate annual materials

plan submitted to Congress under section 98h-2(b) of this title.

Changes to any such transaction, or the addition of a transaction

not included in such plan, shall be made in the manner provided by

section 98d(a)(2) of this title.

(2) The authority of the President to enter into obligations

under this section is effective for any fiscal year only to the

extent that funds in the National Defense Stockpile Transaction

Fund are adequate to meet such obligations. Payments required to be

as a result of obligations incurred under this section shall be

made from amounts in the fund.

(d) Transportation and incidental expenses

The authority of the President under subsection (a) of this

section includes the authority to pay -

(1) the expenses of transporting materials; and

(2) other incidental expenses related to carrying out such

subsection.

(e) Reports

The President shall include in the reports required under section

98h-2(a) of this title information with respect to activities

conducted under this section.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 15, as added Pub. L. 101-189, div. C,

title XXXIII, Sec. 3312(a), Nov. 29, 1989, 103 Stat. 1687.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 98h of this title.

-End-

-CITE-

50 USC Sec. 98h-7 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98h-7. National Defense Stockpile Manager

-STATUTE-

(a) Appointment

The President shall designate a single Federal office to have

responsibility for performing the functions of the President under

this subchapter, other than under sections 98f and 98h-4 of this

title. The office designated shall be one to which appointment is

made by the President, by and with the advice and consent of the

Senate.

(b) Title of designated officer

The individual holding the office designated by the President

under subsection (a) of this section shall be known for purposes of

functions under this subchapter as the "National Defense Stockpile

Manager".

(c) Delegation of functions

The President may delegate functions of the President under this

subchapter (other than under sections 98f and 98h-4 of this title)

only to the National Defense Stockpile Manager. Any such delegation

made by the President shall remain in effect until specifically

revoked by law or Executive order. The President may not delegate

functions of the President under sections 98f and 98h-4 of this

title.

-SOURCE-

(June 7, 1939, ch. 190, Sec. 16, formerly Sec. 6A, as added Pub. L.

99-661, div. C, title II, Sec. 3202(a), Nov. 14, 1986, 100 Stat.

4067; amended Pub. L. 100-180, div. C, title II, Sec. 3203(a), Dec.

4, 1987, 101 Stat. 1246; renumbered Sec. 16 and amended Pub. L.

101-189, div. C, title XXXIII, Sec. 3313, Nov. 29, 1989, 103 Stat.

1688; Pub. L. 102-190, div. C, title XXXIII, Sec. 3314, Dec. 5,

1991, 105 Stat. 1585.)

-COD-

CODIFICATION

Section was classified to section 98e-1 of this title prior to

its renumbering by Pub. L. 101-189.

-MISC1-

AMENDMENTS

1991 - Subsec. (d). Pub. L. 102-190 struck out subsec. (d) which

read as follows: "During any period during which there is no

officer appointed by the President, by and with the advice and

consent of the Senate, serving in the position designated by the

President under subsection (a) of this section or during which the

authority of the President under this subchapter (other than under

sections 98f and 98h-4 of this title) has not been delegated to

that position, no action may be taken under section 98e(a)(6) of

this title."

1989 - Subsec. (a). Pub. L. 101-189, Sec. 3313(b)(1), substituted

"sections 98f and 98h-4" for "sections 98f, 98g, and 98h-4".

Subsec. (c). Pub. L. 101-189, Sec. 3313(b)(1), (2), substituted

"sections 98f and 98h-4" for "sections 98f, 98g, and 98h-4" and

inserted at end "The President may not delegate functions of the

President under sections 98f and 98h-4 of this title." after

"Executive order."

Subsec. (d). Pub. L. 101-189, Sec. 3313(b)(1), (3), substituted

"sections 98f and 98h-4" for "sections 98f, 98g, and 98h-4" and

"section 98e(a)(6)" for "section 98e(b) or 98e(d)".

1987 - Pub. L. 100-180 amended section generally, revising and

restating provisions of subsecs. (a) and (b) and adding subsecs.

(c) and (d).

SAVINGS PROVISION

Section 3203(c) of Pub. L. 100-180 provided that: "Unless

otherwise directed by the President under section 6A [renumbered

Sec. 16] of the Strategic and Critical Materials Stock Piling Act

[this section], as amended by subsection (a), the designation of a

National Defense Stockpile Manager in effect on the day before the

date of the enactment of this Act [Dec. 4, 1987] shall remain in

effect until the individual so designated ceases to hold the office

held by the individual at the time of the designation."

-TRANS-

DESIGNATION OF NATIONAL DEFENSE STOCKPILE MANAGER; DELEGATION OF

FUNCTIONS

The Secretary of Defense was designated National Defense

Stockpile Manager and functions of the President under this section

were delegated to the Secretary of Defense by section 1 of Ex. Ord.

No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of

this title.

-MISC2-

DEADLINE FOR DESIGNATION OF MANAGER

Section 3202(b) of Pub. L. 99-661 directed President, not later

than Feb. 15, 1987, to designate an official as National Defense

Stockpile Manager, as required by this section.

-End-

-CITE-

50 USC Sec. 98i 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 98i. Repealed. Pub. L. 85-861, Sec. 36A, Sept. 2, 1958, 72

Stat. 1570

-MISC1-

Section, act Aug. 3, 1956, ch. 939, title IV, Sec. 416, 70 Stat.

1018, related to contracts for storage, handling, and distribution

of liquid fuels. See section 2388 of Title 10, Armed Forces.

Section was not enacted as part of the Strategic and Critical

Materials Stock Piling Act which comprises this subchapter.

-End-

-CITE-

50 USC Sec. 99 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 99. Transferred

-COD-

CODIFICATION

Section, act July 2, 1940, ch. 508, Sec. 6, 54 Stat. 714, was

transferred to section 701 of Appendix to this title and

subsequently repealed by act Aug. 10, 1956, ch. 1041, Sec. 53, 70A

Stat. 641.

-End-

-CITE-

50 USC Sec. 100 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 100. Nitrate plants

-STATUTE-

(a) Investigations; designation of sites; construction and

operation of dams, locks, improvements to navigation, etc.

The President of the United States may make, or cause to be made,

such investigation as in his judgment is necessary to determine the

best, cheapest, and most available means for the production of

nitrates and other products for munitions of war and useful in the

manufacture of fertilizers and other useful products by water power

or any other power as in his judgment is the best and cheapest to

use; and is also authorized to designate for the exclusive use of

the United States, if in his judgment such means is best and

cheapest, such site or sites, upon any navigable or nonnavigable

river or rivers or upon the public lands, as in his opinion will be

necessary for national defense; and is further authorized to

construct, maintain, and operate, at or on any site or sites so

designated, dams, locks, improvements to navigation, power houses,

and other plants and equipment or other means than water power as

in his judgment is the best and cheapest, necessary or convenient

for the generation of electrical or other power and for the

production of nitrates or other products needed for munitions of

war and useful in the manufacture of fertilizers and other useful

products.

(b) Lease, purchase, or acquisition of lands and rights of way;

purchase or acquisition of materials, minerals, and processes

The President is authorized to lease, buy, or acquire, by

condemnation, gift, grant, or devise, such lands and rights of way

as may be necessary for the construction and operation of such

plants and to take from any lands of the United States, or to buy

or acquire by condemnation materials, minerals, and processes,

patented or otherwise, necessary for the construction and operation

of such plants and for the manufacture of such products.

(c) Use of products of plants; disposal of surplus

The products of such plants shall be used by the President for

military and naval purposes to the extent that he may deem

necessary, and any surplus which he shall determine is not required

shall be sold and disposed of by him under such regulations as he

may prescribe.

(d) Employment of officers, agents, or agencies

The President is authorized to employ such officers, agents, or

agencies as may in his discretion be necessary to enable him to

carry out the purposes herein specified, and to authorize and

require such officers, agents, or agencies to perform any and all

of the duties imposed upon him by the provisions hereof.

(e) Government construction and operation

The plant or plants provided for under this section shall be

constructed and operated solely by the Government and not in

conjunction with any other industry or enterprise carried on by

private capital.

-SOURCE-

(Aug. 10, 1956, ch. 1041, Sec. 37, 70A Stat. 634.)

-COD-

CODIFICATION

Section was not enacted as part of the Strategic and Critical

Materials Stock Piling Act which comprises this subchapter.

-End-

-CITE-

50 USC Sec. 100a 01/06/03

-EXPCITE-

TITLE 50 - WAR AND NATIONAL DEFENSE

CHAPTER 5 - ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY

SUBCHAPTER III - ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW

MATERIALS

-HEAD-

Sec. 100a. Omitted

-COD-

CODIFICATION

Section, which was from the Department of Defense Appropriation

Act, 1983, Pub. L. 97-377, title I, Sec. 101(c) [title VII, Sec.

712], Dec. 21, 1982, 96 Stat. 1833, 1851, prohibited use of funds

available to Department of Defense agencies for acquisition,

construction, or operation of certain scrap-processing facilities,

and was not repeated in subsequent appropriation acts. Similar

provisions were contained in the following prior appropriation

acts:

Dec. 29, 1981, Pub. L. 97-114, title VII, Sec. 712, 95 Stat.

1580.

Dec. 15, 1980, Pub. L. 96-527, title VII, Sec. 713, 94 Stat.

3082.

Dec. 21, 1979, Pub. L. 96-154, title VII, Sec. 713, 93 Stat.

1154.

Oct. 13, 1978, Pub. L. 95-457, title VIII, Sec. 813, 92 Stat.

1246.

Sept. 21, 1977, Pub. L. 95-111, title VIII, Sec. 812, 91 Stat.

901.

Sept. 22, 1976, Pub. L. 94-419, title VII, Sec. 712, 90 Stat.

1293.

Feb. 9, 1976, Pub. L. 94-212, title VII, Sec. 712, 90 Stat. 170.

Oct. 8, 1974, Pub. L. 93-437, title VIII, Sec. 812, 88 Stat.

1226.

Jan. 2, 1974, Pub. L. 93-238, title VII, Sec. 712, 87 Stat. 1040.

Oct. 26, 1972, Pub. L. 92-570, title VII, Sec. 712, 86 Stat.

1198.

Dec. 18, 1971, Pub. L. 92-204, title VII, Sec. 712, 85 Stat. 729.

Jan. 11, 1971, Pub. L. 91-668, title VIII, Sec. 812, 84 Stat.

2032.

Dec. 29, 1969, Pub. L. 91-171, title VI, Sec. 612, 83 Stat. 481.

Oct. 17, 1968, Pub. L. 90-580, title V, Sec. 511, 82 Stat. 1131.

Sept. 29, 1967, Pub. L. 90-96, title VI, Sec. 611, 81 Stat. 244.

Oct. 15, 1966, Pub. L. 89-687, title VI, Sec. 611, 80 Stat. 992.

Sept. 29, 1965, Pub. L. 89-213, title VI, Sec. 611, 79 Stat. 875.

Aug. 19, 1964, Pub. L. 88-446, title V, Sec. 511, 78 Stat. 476.

Oct. 17, 1963, Pub. L. 88-149, title V, Sec. 511, 77 Stat. 265.

Aug. 9, 1962, Pub. L. 87-577, title V, Sec. 511, 76 Stat. 329.

Aug. 17, 1961, Pub. L. 87-144, title VI, Sec. 611, 75 Stat. 377.

July 7, 1960, Pub. L. 86-601, title V, Sec. 511, 74 Stat. 351.

Aug. 18, 1959, Pub. L. 86-166, title V, Sec. 611, 73 Stat. 380.

Aug. 22, 1958, Pub. L. 85-724, title VI, Sec. 611, 72 Stat. 725.

Aug. 2, 1957, Pub. L. 85-117, title VI, Sec. 612, 71 Stat. 325.

July 2, 1956, ch. 488, title VI, Sec. 612, 70 Stat. 469.

July 13, 1955, ch. 358, title VI, Sec. 615, 69 Stat. 317.

June 30, 1954, ch. 432, title VII, Sec. 715, 68 Stat. 352.

-End-