§ 98b. National Defense Stockpile

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1939

   Strategic and Critical Materials Stock Piling Revision Act of 1979

   Pub. L. 96–41 § 2(a) · 93 Stat. 319

   Enacted · 50 U.S.C. § 98b

   June 7, 1939, ch. 190, § 3, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319

   Source evidence

   Code source credit
   June 7, 1939, ch. 190, § 3, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319

   Enacted provision · exact public law section
   (a) The Strategic and Critical Materials Stock Piling Act is amended by striking out the first section and sections 2 through 9 of such Act (50 U.S.C. 98–98h) and inserting in lieu thereof the following: “Section 1. “short title This Act may be cited as the ‘Strategic and Critical Materials Stock Piling Act’. 50 USC 98. “Sec. 2. “findings and purpose (a) The Congress finds that the natural resources of the 50 USC 98a. 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 Act 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. “Sec. 3. “materials to be acquired: presidential authority and guidelines (a) The President shall determine from time to time (1) 50 USC 98b. which materials are strategic and critical materials for the purposes of this Act, and (2) the quality and quantity of each such material to be acquired for the purposes of this Act and the form in which each such material shall be acquired and stored. Such materials when National Defense Stockpile. acquired, together with the other materials described in section 4 of this Act, shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this Act referred to as the ‘stockpile’). “(b) The President shall make the determinations required to be made under subsection (a) on the basis of the following principles: “(1) The purpose of the stockpile is to serve the interest of national defense only and is not to be used for economic or budgetary purposes. “(2) The quantities of the materials stockpiled should be sufficient to sustain the United States for a period of not less than three years in the event of a national emergency. “(c) The quantity of any material to be stockpiled under this Act, as determined under subsection (a), 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. “Sec. 4. “materials constituting the national defense stockpile (a) The stockpile consists of the following materials: “(1) Materials acquired under this Act and contained in the national stockpile on the day before the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979. Ante, p. 319. “(2) Materials acquired under this Act on or after the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979. “(3) Materials in the supplemental stockpile established by section 104(b) of the Agricultural Trade Development and 7 USC 1704. Assistance Act of 1954 (as in effect from September 21, 1959, through December 31, 1966) on the day before the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979. “(4) Materials acquired by the United States under the provisions of section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) and transferred to the stockpile by the President pursuant to subsection (f) of such section. “(5) Materials transferred to the United States under section 663 of the Foreign Assistance Act of 1961 (22 U.S.C. 2423) that have been determined to be strategic and critical materials for the purposes of this Act 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 4(h) of the Post, p. 325. Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)). “(7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of section 103(a) of the Act entitled ‘An Act to provide for greater stability in agriculture; to augment the marketing and disposal of agricultural products; and for other purposes’, approved August 28, 1954 (7 U.S.C. 1743(a)), 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 103(a) of such Act of Au-gust 28, 1954. “(9) Materials transferred to the stockpile under subsection (b). “(b) 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 Act. “Sec. 5. “authority for stockpile operations (a) Except for acquisitions made under the authority of 50 USC 98d. paragraph (3) or (4) of section 6(a), no funds may be obligated or appropriated for acquisition of any material under this Act unless funds for such acquisition have been authorized by law. Funds appropriated for such acquisition (and for transportation related to such acquisition) shall remain available for a period of five fiscal years, if so provided in appropriation Acts. “(b) Except for disposals made under the authority of paragraph (4) or (5) of section 6(a) or under section 7(a), 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) There is authorized to be appropriated such sums as may be Appropriation authorization. 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. “Sec. 6. “stockpile management (a) The President shall— “(1) acquire the materials determined under section 3(a) to be strategic and critical materials; “(2) provide for the proper storage, security, and maintenance of materials in the stockpile; “(3) provide for the refining or processing of any material in the stockpile when necessary to convert such material into the form most suitable for storage and subsequent disposition; “(4) provide for the rotation of any material in the stockpile when necessary to prevent deterioration of such material by replacement of such material with an equivalent quantity of substantially the same material; “(5) subject to the notification required by subsection (d)(2), 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) dispose of materials in the stockpile the disposal of which is specifically authorized by law. “(b) Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this Act shall be made in accordance with established Federal procurement practices, and, except as provided in subsections (c) and (d) and in section 7(a), disposal of materials from the stockpile shall be made by formal advertising or competitive negotiation procedures. To the maximum extent feasible— “(1) competitive procedures shall be used in the acquisition and disposal of such materials; “(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; and “(3) disposal of such materials shall be made for domestic consumption. “(c) (1) The President shall encourage the use of barter in the Barter. acquisition of strategic and critical materials for, and the disposal 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 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 refining, processing, or rotating materials, under this Act. “(3) To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile. “(d) (1) The President may waive the applicability of any provision of the first sentence of subsection (b) 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), (2), or (3) of such subsection to a particular acquisition or disposal is not feasible, the President shall notify the Committees on Armed Services of the Senate and House of Representatives in writing of the proposed acquisition or disposal at least thirty 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) only if the Committees on Armed Services of the Senate and House of Representatives are notified in writing of the proposed disposal at least thirty days before any obligation of the United States is incurred in connection with such disposal. “(e) 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. “Sec. 7. “special disposal authority of the president (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) shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committees on Armed Services of the Senate and House of Representatives. “Sec. 8. “materials development and research (a) (1) The President shall make scientific, technologic, and economic investigations concerning the development, mining, preparation, treatment, and utilization of ores and other mineral sub-stances 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— Purpose. “(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 Investigations on public or private lands. 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) The President shall make scientific, technologic, and economic Domestic sources of supplies of agricultural material or commodities, development. 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 3(a) of this Act to be a strategic and critical material or substitutes therefor. “Sec. 9. “national defense stockpile transaction fund (a) There is established in the Treasury of the United Fund establishment. 50 USC 95h. States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the ‘fund’). “(b) (1) All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 6(a) shall be covered into the fund. Such moneys shall remain in the fund until appropriated or until the end of the third fiscal year following the fiscal year in which they are received. Any such moneys remaining in the fund after the end of such third fiscal year that have not been appropriated shall be transferred to miscellaneous receipts of the Treasury. Any of such moneys that are appropriated shall be disbursed from the fund in the order in which they were covered into the fund. “(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 6(a)(1) of this Act (and for transportation related to such acquisition). “(3) If so provided in appropriation Acts, moneys in the fund, when appropriated, shall remain available for a period of five fiscal years. “(c) All moneys received from the sale of materials being rotated under the provisions of section 6(a)(4) or disposed of under section 7(a) shall be covered into the fund and shall be available only for the acquisition of replacement materials. “Sec. 10. “advisory committees (a) The President may appoint advisory committees Presidential appointment. 60 USC 98h–1. 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 Act. “(b) Each member of an advisory committee established under Travel expenses. subsection (a) 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, United States Code, for persons intermittently employed in the Government service. “Sec. 11. “reports to congress The President shall submit to the Congress every six months a written report detailing operations under this Act. Each such report shall include— “(1) information with respect to foreign and domestic purchases of materials during the preceding six-month period; “(2) information with respect to the acquisition and disposal of materials under this Act by barter, as provided for in section 6(c) of this Act, during such period; “(3) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and the anticipated appropriations to be made from the fund during the next fiscal year; and “(4) such other pertinent information on the administration of this Act as will enable the Congress to evaluate the effectiveness of the program provided for under this Act and to determine the need for additional legislation. “Sec. 12. “definitions For the purposes of this Act: “(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.”.

2. 1987

   National Defense Stockpile Amendments of 1987

   Pub. L. 100–180 § 3202(a)(1) · 101 Stat. 1019

   Substituted · 50 U.S.C. § 98b(a)

   Pub. L. 100–180, § 3202(a)(1), substituted “Subject to subsection (c), the” for “The”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 100–180, § 3202(a)(1), substituted “Subject to subsection (c), the” for “The”.

   Enacted provision · exact public law section
   (1) in subsection (a), by striking out “The” in the first sentence and inserting in lieu thereof “Subject to subsection (c), the”;

3. 1987

   National Defense Stockpile Amendments of 1987

   Pub. L. 100–180 § 3202(a)(2) · 101 Stat. 1019

   1. Substituted · 50 U.S.C. § 98b(b)

      Pub. L. 100–180, § 3202(a)(2), substituted “the principles stated in section 98a(c) of this title.” for “the following principles:”

   2. Struck · 50 U.S.C. § 98b(b)

      Pub. L. 100–180, § 3202(a)(2), struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–180, § 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.

   Enacted provision · exact public law section
   (2) in subsection (b) by striking out “the following principles” and all that follows and inserting in lieu thereof “the principles stated in section 2(c).”; and

4. 1987

   National Defense Stockpile Amendments of 1987

   Pub. L. 100–180 § 3202(a)(3) · 101 Stat. 1019

   1. Added · 50 U.S.C. § 98b(c)

      Pub. L. 100–180, § 3202(a)(3), added subsec. (c)

   2. Struck · 50 U.S.C. § 98b(c)

      Pub. L. 100–180, § 3202(a)(3), 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), 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.”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 100–180, § 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), 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.”

   Enacted provision · exact public law section
   (3) by striking out subsection (c) and inserting in lieu thereof the following: “(c) (1) The quantity of any material to be stockpiled under this Act, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after the date of the enactment of the National Defense Stockpile Amendments of 1987. “(2) If the President proposes to change the quantity of any President of U.S. material to be stockpiled under this Act, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 11(b). “(3) If the proposed change in the case of any material would President of U.S. 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 11(b) and 14 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 Act.”.

5. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1233(b)(2) · 102 Stat. 1918

   Substituted · 50 U.S.C. § 98b(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) Section 3(c)(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(1)) is amended by striking out “the date of the enactment of the National Defense Stockpile Amendments of 1987” and inserting in lieu thereof “December 4, 1987”.

6. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. C title XXXIII § 3311 · 106 Stat. 2315

   1. Added · 50 U.S.C. § 98b(c)(2)(5)

      Pub. L. 102–484 added par. (2)

   2. Struck · 50 U.S.C. § 98b(c)(2)(5)

      Pub. L. 102–484 struck out former pars. (2) to (5) which read as follows:

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   SEC. 3311. PROCEDURES FOR CHANGING OBJECTIVES FOR STOCKPILE QUANTITIES ESTABLISHED AS OF THE END OF FISCAL YEAR 1887. Section 3(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following new paragraph: “(2) The President shall notify Congress in writing of any President. change proposed to be made in the quantity of any material to be stockpiled. The President may make the change effective on or after the 30th legislative day following the date of the notification. The President shall include a full explanation and justification for the proposed change with the notification. For purposes of this paragraph, a legislative day is a day on which both Houses of Congress are in session.”.

7. 1996

   National Defense Authorization Act for Fiscal Year 1997

   Pub. L. 104–201 div. C title XXXIII § 3312(a) · 110 Stat. 2422

   1. Substituted · 50 U.S.C. § 98b(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”

   2. Struck · 50 U.S.C. § 98b(c)(2)

      Pub. L. 104–201 struck out at end “For purposes of this paragraph, a legislative day is a day on which both Houses of Congress are in session.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (a) Proposed Changes in Stockpile Quantities.— Section 3(c)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amended— (1) by striking out “effective on or after the 30th legislative day following” and inserting in lieu thereof “after the end of the 45-day period beginning on”; and (2) by striking out the last sentence.

8. 2022

   James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

   Pub. L. 117–263 div. A title XIV § 1412(b) · 136 Stat. 2395

   1. Substituted · 50 U.S.C. § 98b(c)(2)

      Pub. L. 117–263, in first sentence, substituted “The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile.” for “The President shall notify Congress in writing of any change proposed to be made in the quantity of any material to be stockpiled.”, in second sentence

   2. Substituted · 50 U.S.C. § 98b(c)(2)

      Pub. L. 117–263, in first sentence, substituted “the increase after the end of the 30-day period” for “the change after the end of the 45-day period” and, in third sentence

   3. Substituted · 50 U.S.C. § 98b(c)(2)

      Pub. L. 117–263, in first sentence, substituted “increase” for “change”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 117–263, in first sentence, substituted “The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile.” for “The President shall notify Congress in writing of any change proposed to be made in the quantity of any material to be stockpiled.”, in second sentence, substituted “the increase after the end of the 30-day period” for “the change after the end of the 45-day period” and, in third sentence, substituted “increase” for “change”.

   Enacted provision · exact public law section
   (b) Increase in Quantities of Materials to Be Stockpiled.— Section 3(c)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(2)) is amended— (1) by amending the first sentence to read as follows: “The President shall notify Congress in writing of any increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile.”; (2) in the second sentence, by striking “the change after the end of the 45-day period” and inserting “the increase after the end of the 30-day period”; and (3) in the third sentence, by striking “change” and inserting “increase”.

14 of 14 references resolved to an enrolled provision