Strategic and Critical Materials Stock Piling Act

§§ 83 to 85

TITLE 50—WAR AND NATIONAL DEFENSE

spect 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.

Page 10

SUBCHAPTER II—EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL
DEFENSE
§§ 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, § 53,
70A Stat. 641
Section 91, act June 16, 1938, ch. 458, § 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, § 2, 52 Stat. 708,
related to production equipment.
Section 93, act June 16, 1938, ch. 458, § 3, 52 Stat. 708,
placed certain limitations on number of orders.
Section 94, acts June 16, 1938, ch. 458, § 4, 52 Stat. 708;
Apr. 3, 1939, ch. 35, § 13, 53 Stat. 560, related to availability of appropriations for purposes of sections 91 to 94 of
this title.

§ 95. Omitted
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.

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 Repealed.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

SUBCHAPTER III—ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS
§ 98. Short title

§§ 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, § 53,
70A Stat. 641

This subchapter may be cited as the ‘‘Strategic and Critical Materials Stock Piling Act’’.

Section 83, act May 29, 1928, ch. 853, § 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, § 1, 18 Stat. 455, related to expenditure at armories for perfection of patentable inventions.
Section 85, act Mar. 3, 1921, ch. 128, § 6, 41 Stat. 1352,
authorized Secretary of War to proceed with installation of guns and howitzers.

(June 7, 1939, ch. 190, § 1, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 319.)

§§ 86 to 88. Omitted
CODIFICATION
Sections 86 to 88, act Feb. 15, 1936, ch. 74, §§ 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, § 1, 49 Stat. 1140,
related to conservation of domestic resources of tin.
Section 87, act Feb. 15, 1936, ch. 74, § 2, 49 Stat. 1140,
related to prohibition of exportation except on license.
Section 88, act Feb. 15, 1936, ch. 74, § 3, 49 Stat. 1140,
related to penalties for violations of sections 86 and 87
of this title.

PRIOR PROVISIONS
A prior section 98, acts June 7, 1939, ch. 190, § 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, § 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’.’’

Page 11

TITLE 50—WAR AND NATIONAL DEFENSE
SHORT TITLE

Act June 7, 1939, ch. 190, § 11, formerly § 10, as added
by act July 23, 1946, ch. 590, 60 Stat. 596; renumbered
§ 11, Pub. L. 92–156, title V, § 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, § 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.’’
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, § 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.

§ 98a. Congressional findings and declaration of
purpose
(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

§ 98b

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.
(June 7, 1939, ch. 190, § 2, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 319; amended Pub. L.
100–180, div. C, title II, § 3202(b), Dec. 4, 1987, 101
Stat. 1245; Pub. L. 103–160, div. C, title XXXIII,
§ 3311, Nov. 30, 1993, 107 Stat. 1961; Pub. L. 104–201,
div. C, title XXXIII, § 3311(b), Sept. 23, 1996, 110
Stat. 2857.)
PRIOR PROVISIONS
A prior section 98a, acts June 7, 1939, ch. 190, § 2, 53
Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg.
Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat.
634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R.
4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, § 402, 82
Stat. 1194; Ex. Ord. No. 11725, § 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, § 3311(1), substituted ‘‘Before October 1, 1994, the quantities’’ for
‘‘The quantities’’.
Subsec. (c)(3). Pub. L. 103–160, § 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.’’

§ 98b. National Defense Stockpile
(a) Determination of materials; quantities
Subject to subsection (c) of this section, the
President shall determine from time to time (1)

§ 98c

TITLE 50—WAR AND NATIONAL DEFENSE

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.
(June 7, 1939, ch. 190, § 3, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 319; amended Pub. L.
100–180, div. C, title II, § 3202(a), Dec. 4, 1987, 101
Stat. 1245; Pub. L. 100–456, div. A, title XII,
§ 1233(b)(2), Sept. 29, 1988, 102 Stat. 2057; Pub. L.
102–484, div. C, title XXXIII, § 3311, Oct. 23, 1992,
106 Stat. 2653; Pub. L. 104–201, div. C, title
XXXIII, § 3312(a), Sept. 23, 1996, 110 Stat. 2857.)
PRIOR PROVISIONS
A prior section 98b, acts June 7, 1939, ch. 190, § 3, 53
Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946,
ch. 753, title I, §§ 102, 121, 60 Stat. 815, 822; June 30, 1949,
ch. 288, title I, § 102(a), 63 Stat. 380; 1953 Reorg. Plan No.
3, § 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958
Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72
Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, § 402, 82 Stat.
1194; Ex. Ord. No. 11725, § 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.

Page 12

‘‘(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, § 3202(a)(1), substituted ‘‘Subject to subsection (c) of this section, the’’
for ‘‘The’’.
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.
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) 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.’’
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.

§ 98c. Materials constituting the National Defense Stockpile
(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.

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TITLE 50—WAR AND NATIONAL DEFENSE

(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.
(June 7, 1939, ch. 190, § 4, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 320; amended Pub. L.
99–661, div. C, title II, § 3207(a)(1), Nov. 14, 1986,
100 Stat. 4069; Pub. L. 104–106, div. C, title
XXXIII, § 3311, Feb. 10, 1996, 110 Stat. 630; Pub. L.
110–246, title III, § 3001(b)(1)(A), (2)(Z), June 18,
2008, 122 Stat. 1820, 1821.)
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,
§ 1512, Nov. 28, 1990, 104 Stat. 3635, and, as so amended,
no longer contains provisions relating to a supplemental stockpile.
PRIOR PROVISIONS
A prior section 98c, acts June 7, 1939, ch. 190, § 4, 53
Stat. 811; July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg.
Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat.
634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R.
4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608, § 402, 82
Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38
F.R. 17175; Apr. 21, 1976, Pub. L. 94–273, § 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
2008—Subsec. (a)(3). Pub. L. 110–246 made technical
amendment to reference in original act which appears
in text as reference to section 1704(b) of title 7.

§ 98d

1996—Subsec. (a)(10). Pub. L. 104–106, § 3311(b), added
par. (10).
Subsec. (c). Pub. L. 104–106, § 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).
EFFECTIVE DATE OF 2008 AMENDMENT
Amendment by Pub. L. 110–246 effective May 22, 2008,
see section 4(b) of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.
CLARIFICATION OF STOCKPILE STATUS OF CERTAIN
MATERIALS
Pub. L. 102–484, div. C, title XXXIII, § 3315, Oct. 23,
1992, 106 Stat. 2654, as amended by Pub. L. 103–337, div.
A, title X, § 1070(c)(4), Oct. 5, 1994, 108 Stat. 2858, provided that: ‘‘All materials purchased under section 303
of the Defense Production Act of 1950 ([former] 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.].’’

§ 98d. Authority for stockpile operations
(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

§ 98d

TITLE 50—WAR AND NATIONAL DEFENSE

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.
(June 7, 1939, ch. 190, § 5, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 321; amended Pub. L.
97–35, title II, § 203(a), (b), Aug. 13, 1981, 95 Stat.
381, 382; Pub. L. 98–525, title IX, § 903, Oct. 19,
1984, 98 Stat. 2573; Pub. L. 99–661, div. C, title II,
§ 3207(a)(2), Nov. 14, 1986, 100 Stat. 4069; Pub. L.
100–180, div. C, title II, § 3206(a), Dec. 4, 1987, 101
Stat. 1247; Pub. L. 102–484, div. C, title XXXIII,
§ 3312, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 103–160,
div. C, title XXXIII, § 3312, Nov. 30, 1993, 107 Stat.
1962.)
PRIOR PROVISIONS
A prior section 98d, acts June 7, 1939, ch. 190, § 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, § 903(b), substituted ‘‘$100,000,000’’ for ‘‘$250,000,000’’.
Pub. L. 98–525, § 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, § 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, § 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, § 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.’’

Page 14

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.
PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS
Pub. L. 99–145, title XVI, § 1612, Nov. 8, 1985, 99 Stat.
776, as amended by Pub. L. 99–661, div. C, title II, § 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. 110–181, div. A, title XIV, §§ 1413, 1414, Jan. 28,
2008, 122 Stat. 418, 419.
Pub. L. 109–163, div. C, title XXXIII, §§ 3303, 3304, Jan.
6, 2006, 119 Stat. 3546.
Pub. L. 108–375, div. C, title XXXIII, § 3303, Oct. 28,
2004, 118 Stat. 2193.
Pub. L. 107–107, div. C, title XXXIII, §§ 3301, 3303,
3306(a), Dec. 28, 2001, 115 Stat. 1388, 1389, 1391.
Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3303], Oct. 30,
2000, 114 Stat. 1654, 1654A–483.
Pub. L. 106–65, div. C, title XXXIV, § 3402(a)–(e), Oct.
5, 1999, 113 Stat. 972, 973; Pub. L. 108–136, div. C, title
XXXIII, § 3302, Nov. 24, 2003, 117 Stat. 1788; Pub. L.
109–163, div. C, title XXXIII, § 3302(b), Jan. 6, 2006, 119
Stat. 3546; Pub. L. 110–181, div. A, title XIV, § 1412(a),
Jan. 28, 2008, 122 Stat. 418; Pub. L. 111–383, div. A, title
XIV, § 1412, Jan. 7, 2011, 124 Stat. 4412; Pub. L. 112–81,
div. A, title XIV, § 1412, Dec. 31, 2011, 125 Stat. 1654.
Pub. L. 106–31, title I, § 303, May 21, 1999, 113 Stat. 67.
Pub. L. 105–262, title VIII, § 8109, Oct. 17, 1998, 112 Stat.
2322.
Pub. L. 105–261, div. C, title XXXIII, §§ 3301, 3303, Oct.
17, 1998, 112 Stat. 2262, 2263; Pub. L. 106–65, div. C, title
XXXIV, § 3403(a), Oct. 5, 1999, 113 Stat. 973; Pub. L.
106–398, § 1 [div. C, title XXXIII, § 3302], Oct. 30, 2000, 114
Stat. 1654, 1654A–483; Pub. L. 107–107, div. C, title
XXXIII, § 3304(a), Dec. 28, 2001, 115 Stat. 1390; Pub. L.
108–375, div. C, title XXXIII, § 3302, Oct. 28, 2004, 118
Stat. 2193; Pub. L. 109–163, div. C, title XXXIII, § 3302(a),
Jan. 6, 2006, 119 Stat. 3545; Pub. L. 109–364, div. C, title
XXXIII, § 3302(a), Oct. 17, 2006, 120 Stat. 2513; Pub. L.
110–181, div. A, title XIV, § 1412(b), Jan. 28, 2008, 122 Stat.
418; Pub. L. 110–417, [div. A], title XIV, § 1412(a), Oct. 14,
2008, 122 Stat. 4648.
Pub. L. 105–85, div. A, title XXXIII, §§ 3301, 3303–3305,
Nov. 18, 1997, 111 Stat. 2056, 2057; Pub. L. 106–65, div. C,
title XXXIV, §§ 3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat.
973; Pub. L. 107–107, div. C, title XXXIII, §§ 3304(b), 3305,
Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title
XXXIII, § 3302(b), Oct. 17, 2006, 120 Stat. 2513; Pub. L.
110–417, [div. A], title XIV, § 1412(b), Oct. 14, 2008, 122
Stat. 4648; Pub. L. 111–84, div. A, title XIV, § 1412, Oct.
28, 2009, 123 Stat. 2562.
Pub. L. 104–201, div. C, title XXXIII, §§ 3301, 3303, Sept.
23, 1996, 110 Stat. 2854, 2855; Pub. L. 106–65, div. C, title
XXXIV, §§ 3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973,
974; Pub. L. 107–107, div. C, title XXXIII, § 3304(c), Dec.
28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title
XXXIII, § 3302(c), Oct. 17, 2006, 120 Stat. 2513.
Pub. L. 103–337, div. C, title XXXIII, § 3304, Oct. 5, 1994,
108 Stat. 3098.
Pub. L. 103–160, div. C, title XXXIII, §§ 3301, 3303(a),
Nov. 30, 1993, 107 Stat. 1960, 1961.
Pub. L. 102–484, div. C, title XXXIII, §§ 3301–3303, Oct.
23, 1992, 106 Stat. 2649–2651; Pub. L. 103–160, div. C, title
XXXIII, § 3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L.
103–337, div. A, title X, § 1070(c)(3), div. C, title XXXIII,
§ 3303, Oct. 5, 1994, 108 Stat. 2858, 3098.
Pub. L. 102–190, div. C, title XXXIII, § 3301, Dec. 5, 1991,
105 Stat. 1583; Pub. L. 102–484, div. C, title XXXIII,
§ 3308, Oct. 23, 1992, 106 Stat. 2653.

Page 15

TITLE 50—WAR AND NATIONAL DEFENSE

Pub. L. 102–172, title VIII, § 8094, Nov. 26, 1991, 105
Stat. 1196.
Pub. L. 101–189, div. C, title XXXIII, §§ 3301, 3302, Nov.
29, 1989, 103 Stat. 1685.
Pub. L. 100–456, div. A, title XV, § 1501, Sept. 29, 1988,
102 Stat. 2085.
Pub. L. 99–661, div. C, title II, §§ 3204, 3205, Nov. 14,
1986, 100 Stat. 4068.
Pub. L. 99–591, § 101(c) [title IX, § 9110], (m) [title V,
§ 519], Oct. 30, 1986, 100 Stat. 3341–82, 3341–120, 3341–308,
3341–326.
Pub. L. 99–500, § 101(c) [title IX, § 9110], (m) [title V,
§ 519], Oct. 18, 1986, 100 Stat. 1783–82, 1783–120, 1783–308,
1783–326.
Pub. L. 98–525, title IX, §§ 901, 902, Oct. 19, 1984, 98
Stat. 2573.
Pub. L. 97–377, title I, § 101(c) [title VII, § 799B], Dec.
21, 1982, 96 Stat. 1866.
Pub. L. 97–114, title VII, § 788, Dec. 29, 1981, 95 Stat.
1592.
Pub. L. 97–35, title II, § 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.
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, § 103, 67 Stat. 230; June 22, 1956, ch.
426, § 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 re-

§ 98e

port 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, § 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.
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.

§ 98e. Stockpile management
(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—

§ 98e

TITLE 50—WAR AND NATIONAL DEFENSE

(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

Page 16

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.
(June 7, 1939, ch. 190, § 6, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 321; amended Pub. L.
97–35, title II, § 203(c), Aug. 13, 1981, 95 Stat. 382;
Pub. L. 99–661, div. C, title II, § 3207(b), Nov. 14,
1986, 100 Stat. 4069; Pub. L. 101–189, div. C, title
XXXIII, § 3314, Nov. 29, 1989, 103 Stat. 1688; Pub.
L. 101–510, div. C, title XXXIII, § 3301(a), (b), Nov.
5, 1990, 104 Stat. 1844; Pub. L. 102–190, div. C, title
XXXIII, § 3312, Dec. 5, 1991, 105 Stat. 1584; Pub. L.
103–337, div. C, title XXXIII, § 3302, Oct. 5, 1994,
108 Stat. 3098; Pub. L. 104–106, div. A, title XV,
§ 1502(e)(1), Feb. 10, 1996, 110 Stat. 509; Pub. L.
104–201, div. C, title XXXIII, § 3312(b), (c), Sept.
23, 1996, 110 Stat. 2857; Pub. L. 105–85, div. C, title
XXXIII, § 3306, Nov. 18, 1997, 111 Stat. 2058; Pub.
L. 106–65, div. A, title X, § 1067(13), Oct. 5, 1999,
113 Stat. 775.)
PRIOR PROVISIONS
A prior section 98e, acts June 7, 1939, ch. 190, § 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, § 105, 63 Stat. 381; 1953
Reorg. Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375,
67 Stat. 634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958,
23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608,
§ 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 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, § 3312(b), substituted ‘‘45 days’’ for ‘‘thirty days’’.
Pub. L. 104–106, § 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, § 3312(c), substituted
‘‘45 days’’ for ‘‘thirty days’’.
Pub. L. 104–106, § 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, § 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’’.

Page 17

TITLE 50—WAR AND NATIONAL DEFENSE

Subsec. (c)(1). Pub. L. 101–510, § 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, § 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, § 3301(a), added par.
(3) and redesignated former par. (3) as (4).
1989—Subsec. (b). Pub. L. 101–189, § 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, § 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.
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.
ACQUISITION OF DEPLETED URANIUM FOR NATIONAL
DEFENSE STOCKPILE
Pub. L. 101–511, title VIII, § 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,
§ 8027A, Nov. 26, 1991, 105 Stat. 1177.

§ 98e–1. Transferred
CODIFICATION
Section, act June 7, 1939, ch. 190, § 6A, as added Nov.
14, 1986, Pub. L. 99–661, div. C, title II, § 3202(a), 100 Stat.
4067; amended Dec. 4, 1987, Pub. L. 100–180, div. C, title
II, § 3203(a), 101 Stat. 1246, which related to National Defense Stockpile Manager, was transferred to section
98h–7 of this title.

§ 98f. Special Presidential disposal authority
(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.
(June 7, 1939, ch. 190, § 7, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 322; amended Pub. L.

§ 98g

104–106, div. A, title XV, § 1502(e)(2), Feb. 10, 1996,
110 Stat. 509; Pub. L. 106–65, div. A, title X,
§ 1067(13), Oct. 5, 1999, 113 Stat. 775.)
PRIOR PROVISIONS
A prior section 98f, acts June 7, 1939, ch. 190, § 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’’.

§ 98g. Materials development and research
(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.

§ 98h

TITLE 50—WAR AND NATIONAL DEFENSE

(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.
(June 7, 1939, ch. 190, § 8, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 322; amended Pub. L.
101–189, div. C, title XXXIII, § 3311, Nov. 29, 1989,
103 Stat. 1686.)
PRIOR PROVISIONS
A prior section 98g, act June 7, 1939, ch. 190, § 8, as
added July 23, 1946, ch. 590, 60 Stat. 600; amended 1953
Reorg. Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375,
67 Stat. 634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958,
23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90–608,
§ 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 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).
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.

§ 98h. National Defense Stockpile Transaction
Fund
(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

Page 18

(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;

Page 19

TITLE 50—WAR AND NATIONAL DEFENSE

(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.
(June 7, 1939, ch. 190, § 9, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 323; amended Pub. L.
97–35, title II, § 203(d), Aug. 13, 1981, 95 Stat. 382;
Pub. L. 99–661, div. C, title II, § 3203(a), Nov. 14,
1986, 100 Stat. 4067; Pub. L. 100–180, div. C, title
II, § 3204, Dec. 4, 1987, 101 Stat. 1247; Pub. L.
101–189, div. C, title XXXIII, § 3312(b), Nov. 29,
1989, 103 Stat. 1688; Pub. L. 101–510, div. C, title
XXXIII, § 3301(c), Nov. 5, 1990, 104 Stat. 1845; Pub.
L. 102–190, div. C, title XXXIII, § 3311(a), Dec. 5,
1991, 105 Stat. 1584; Pub. L. 102–484, div. C, title
XXXIII, § 3313, Oct. 23, 1992, 106 Stat. 2653; Pub.
L. 103–160, div. C, title XXXIII, § 3313, Nov. 30,
1993, 107 Stat. 1962; Pub. L. 105–261, div. C, title
XXXIII, § 3304, Oct. 17, 1998, 112 Stat. 2264.)
PRIOR PROVISIONS
A prior section 98h, act June 7, 1939, ch. 190, § 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, § 3313(a),
added subpars. (J) and (K).
Subsec. (b)(4). Pub. L. 103–160, § 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, § 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, § 3313(a)(2), substituted ‘‘such acquisition, maintenance, and disposal’’
for ‘‘such acquisition’’.
Subsec. (b)(2)(H), (I). Pub. L. 102–484, § 3313(b), added
subpars. (H) and (I).
Subsec. (b)(4). Pub. L. 102–484, § 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, § 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, § 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,

§ 98h–1

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, § 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, § 101(m) [title V, § 519], Dec. 22, 1987,
101 Stat. 1329–390, 1329–417.
Pub. L. 99–500, § 101(m) [title V, § 520], Oct. 18, 1986, 100
Stat. 1783–308, 1783–326, and Pub. L. 99–591, § 101(m) [title
V, § 520], Oct. 30, 1986, 100 Stat. 3341–308, 3341–326.
DEPOSIT OF FUNDS ACCRUING FROM NAVAL PETROLEUM
RESERVES
Pub. L. 98–525, title IX, § 905, Oct. 19, 1984, 98 Stat.
2574, as amended by Pub. L. 99–145, title XVI, § 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.’’

§ 98h–1. Advisory committees
(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.

§ 98h–2

TITLE 50—WAR AND NATIONAL DEFENSE

(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.
(June 7, 1939, ch. 190, § 10, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 323; amended Pub. L.
102–484, div. C, title XXXIII, § 3314, Oct. 23, 1992,
106 Stat. 2654.)
PRIOR PROVISIONS
A prior section 10 of act June 7, 1939, ch. 190, § 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).
TRANSFER OF FUNCTIONS
For transfer of all functions, personnel, assets, components, authorities, grant programs, and liabilities of
the Federal Emergency Management Agency, including
the functions of the Under Secretary for Federal Emergency Management relating thereto, to the Federal
Emergency Management Agency, see section 315(a)(1)
of Title 6, Domestic Security.
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 former section 313(1) and
sections 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.
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

Page 20

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.’’

§ 98h–2. Reports to Congress
(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.

Page 21

TITLE 50—WAR AND NATIONAL DEFENSE

(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.
(June 7, 1939, ch. 190, § 11, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 324; amended Pub. L.
97–35, title II, § 203(e), Aug. 13, 1981, 95 Stat. 382;
Pub. L. 99–661, div. C, title II, § 3207(a)(3), Nov. 14,
1986, 100 Stat. 4069; Pub. L. 100–180, div. C, title
II, § 3205, Dec. 4, 1987, 101 Stat. 1247; Pub. L.
100–456, div. A, title XV, § 1503, Sept. 29, 1988, 102
Stat. 2086; Pub. L. 101–189, div. C, title XXXIII,
§ 3315, Nov. 29, 1989, 103 Stat. 1688; Pub. L. 102–190,
div. C, title XXXIII, §§ 3311(b), 3313(a), Dec. 5,
1991, 105 Stat. 1584; Pub. L. 103–35, title II,
§ 204(d), May 31, 1993, 107 Stat. 103.)
PRIOR PROVISIONS
A prior section 11 of act June 7, 1939, ch. 190, formerly
§ 10, as added July 23, 1946, ch. 590, 60 Stat. 596; renumbered § 11, Pub. L. 92–156, title V, § 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, § 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, § 3313(a)(2), which directed the substitution of ‘‘fiscal year’’ for ‘‘6-month
period’’, could not be executed because the words ‘‘6month period’’ did not appear in text.
Subsec. (a)(2). Pub. L. 102–190, § 3313(a)(3), substituted
‘‘fiscal year’’ for ‘‘period’’.
Subsec. (a)(5). Pub. L. 102–190, § 3313(a)(4), substituted
‘‘current fiscal year’’ for ‘‘next fiscal year’’.
Subsec. (b)(1). Pub. L. 102–190, § 3311(b)(1), designated
first sentence of subsec. (b) relating to submission of
report as par. (1).

§ 98h–3

Subsec. (b)(2). Pub. L. 102–190, § 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, § 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, § 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, § 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).
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.

§ 98h–3. Definitions
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.
(June 7, 1939, ch. 190, § 12, as added Pub. L. 96–41,
§ 2(a), July 30, 1979, 93 Stat. 324.)

§ 98h–4

TITLE 50—WAR AND NATIONAL DEFENSE

§ 98h–4. Importation of strategic and critical materials
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.
(June 7, 1939, ch. 190, § 13, formerly § 10, as added
Pub. L. 92–156, title V, § 503(2), Nov. 17, 1971, 85
Stat. 427; renumbered § 13, Pub. L. 96–41, § 2(b)(1),
July 30, 1979, 93 Stat. 324; amended Pub. L.
100–180, div. C, title II, § 3206(b), (c), Dec. 4, 1987,
101 Stat. 1247; Pub. L. 100–418, title I, § 1214(o),
Aug. 23, 1988, 102 Stat. 1159; Pub. L. 104–201, div.
C, title XXXIII, § 3313, Sept. 23, 1996, 110 Stat.
2857.)
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.
CODIFICATION
Section was formerly classified to section 98h–1 of
this title.
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.

§ 98h–5. Biennial report on stockpile requirements
(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

Page 22

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.
(June 7, 1939, ch. 190, § 14, as added Pub. L.
100–180, div. C, title II, § 3202(c), Dec. 4, 1987, 101
Stat. 1246; amended Pub. L. 102–190, div. C, title
XXXIII, § 3313(b)(1), (2), Dec. 5, 1991, 105 Stat.
1585; Pub. L. 103–160, div. C, title XXXIII, § 3314,
Nov. 30, 1993, 107 Stat. 1962; Pub. L. 104–201, div.
C, title XXXIII, § 3313(a), Sept. 23, 1996, 110 Stat.
2856.)
AMENDMENTS
1996—Subsecs. (b) to (e). Pub. L. 104–201 added subsecs.
(b) to (d), redesignated former subsec. (c) as (e), and

Page 23

TITLE 50—WAR AND NATIONAL DEFENSE

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, § 3313(b)(2), substituted ‘‘Biennial’’ for ‘‘Annual’’ in section catchline.
Subsec. (a). Pub. L. 102–190, § 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.’’

§ 98h–6. Development of domestic sources
(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 in-

§ 98h–7

cluded 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.
(June 7, 1939, ch. 190, § 15, as added Pub. L.
101–189, div. C, title XXXIII, § 3312(a), Nov. 29,
1989, 103 Stat. 1687.)
§ 98h–7. National Defense Stockpile Manager
(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.
(June 7, 1939, ch. 190, § 16, formerly § 6A, as added
Pub. L. 99–661, div. C, title II, § 3202(a), Nov. 14,
1986, 100 Stat. 4067; amended Pub. L. 100–180, div.
C, title II, § 3203(a), Dec. 4, 1987, 101 Stat. 1246; renumbered § 16 and amended Pub. L. 101–189, div.
C, title XXXIII, § 3313, Nov. 29, 1989, 103 Stat.
1688; Pub. L. 102–190, div. C, title XXXIII, § 3314,
Dec. 5, 1991, 105 Stat. 1585.)
CODIFICATION
Section was classified to section 98e–1 of this title
prior to its renumbering by Pub. L. 101–189.

§ 98i

TITLE 50—WAR AND NATIONAL DEFENSE
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, § 3313(b)(1), substituted ‘‘sections 98f and 98h–4’’ for ‘‘sections 98f, 98g,
and 98h–4’’.
Subsec. (c). Pub. L. 101–189, § 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, § 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 § 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.’’
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.
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.

§ 98i. Repealed. Pub. L. 85–861, § 36A, Sept. 2,
1958, 72 Stat. 1570
Section, act Aug. 3, 1956, ch. 939, title IV, § 416, 70
Stat. 1018, related to contracts for storage, handling,
and distribution of liquid fuels. See section 2922 of Title
10, Armed Forces.
Section was not enacted as part of the Strategic and
Critical Materials Stock Piling Act which comprises
this subchapter.

§ 99. Transferred
CODIFICATION
Section, act July 2, 1940, ch. 508, § 6, 54 Stat. 714, was
transferred to section 701 of Appendix to this title and
subsequently repealed by act Aug. 10, 1956, ch. 1041, § 53,
70A Stat. 641.

§ 100. Nitrate plants
(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

Page 24

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.
(Aug. 10, 1956, ch. 1041, § 37, 70A Stat. 634.)
CODIFICATION
Section was not enacted as part of the Strategic and
Critical Materials Stock Piling Act which comprises
this subchapter.

§ 100a. Omitted
CODIFICATION
Section, which was from the Department of Defense
Appropriation Act, 1983, Pub. L. 97–377, title I, § 101(c)

Page 25

TITLE 50—WAR AND NATIONAL DEFENSE

[title VII, § 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, § 712, 95 Stat.
1580.
Dec. 15, 1980, Pub. L. 96–527, title VII, § 713, 94 Stat.
3082.
Dec. 21, 1979, Pub. L. 96–154, title VII, § 713, 93 Stat.
1154.
Oct. 13, 1978, Pub. L. 95–457, title VIII, § 813, 92 Stat.
1246.
Sept. 21, 1977, Pub. L. 95–111, title VIII, § 812, 91 Stat.
901.
Sept. 22, 1976, Pub. L. 94–419, title VII, § 712, 90 Stat.
1293.
Feb. 9, 1976, Pub. L. 94–212, title VII, § 712, 90 Stat. 170.
Oct. 8, 1974, Pub. L. 93–437, title VIII, § 812, 88 Stat.
1226.
Jan. 2, 1974, Pub. L. 93–238, title VII, § 712, 87 Stat.
1040.
Oct. 26, 1972, Pub. L. 92–570, title VII, § 712, 86 Stat.
1198.
Dec. 18, 1971, Pub. L. 92–204, title VII, § 712, 85 Stat.
729.
Jan. 11, 1971, Pub. L. 91–668, title VIII, § 812, 84 Stat.
2032.
Dec. 29, 1969, Pub. L. 91–171, title VI, § 612, 83 Stat. 481.
Oct. 17, 1968, Pub. L. 90–580, title V, § 511, 82 Stat. 1131.
Sept. 29, 1967, Pub. L. 90–96, title VI, § 611, 81 Stat. 244.
Oct. 15, 1966, Pub. L. 89–687, title VI, § 611, 80 Stat. 992.
Sept. 29, 1965, Pub. L. 89–213, title VI, § 611, 79 Stat.
875.
Aug. 19, 1964, Pub. L. 88–446, title V, § 511, 78 Stat. 476.
Oct. 17, 1963, Pub. L. 88–149, title V, § 511, 77 Stat. 265.
Aug. 9, 1962, Pub. L. 87–577, title V, § 511, 76 Stat. 329.
Aug. 17, 1961, Pub. L. 87–144, title VI, § 611, 75 Stat. 377.
July 7, 1960, Pub. L. 86–601, title V, § 511, 74 Stat. 351.
Aug. 18, 1959, Pub. L. 86–166, title V, § 611, 73 Stat. 380.
Aug. 22, 1958, Pub. L. 85–724, title VI, § 611, 72 Stat. 725.
Aug. 2, 1957, Pub. L. 85–117, title VI, § 612, 71 Stat. 325.
July 2, 1956, ch. 488, title VI, § 612, 70 Stat. 469.
July 13, 1955, ch. 358, title VI, § 615, 69 Stat. 317.
June 30, 1954, ch. 432, title VII, § 715, 68 Stat. 352.

CHAPTER 6—WILLFUL DESTRUCTION, ETC.,
OF WAR OR NATIONAL-DEFENSE MATERIAL
§§ 101 to 106. Repealed. June 25, 1948, ch. 645,
§ 21, 62 Stat. 862
Section 101, acts Apr. 20, 1918, ch. 59, § 1, 40 Stat. 533;
Nov. 30, 1940, ch. 926, 54 Stat. 1220; Dec. 24, 1942, ch. 824,
56 Stat. 1087; 1946 Proc. No. 2695, eff. July 4, 1946, 11 F.R.
7517, 60 Stat. 1352, related to definition of war terms.
See section 2151 of Title 18, Crimes and Criminal Procedure.
Section 102, act Apr. 20, 1918, ch. 59, § 2, 40 Stat. 534,
related to destruction or injury of war material in time
of war. See section 2153 of Title 18.
Section 103, act Apr. 20, 1918, ch. 59, § 3, 40 Stat. 534,
related to making or causing to be made defective war
material. See section 2154 of Title 18.
Section 104, act Apr. 20, 1918, ch. 59, § 4, as added Nov.
30, 1940, ch. 926, 54 Stat. 1220; amended Aug. 21, 1941, ch.
388, 55 Stat. 655, related to definition of national-defense terms. See section 2151 of Title 18.
Section 105, act Apr. 20, 1918, ch. 59, § 5, as added Nov.
30, 1940, ch. 926, 54 Stat. 1220, related to destruction or
injury of national-defense materials. See section 2155 of
Title 18.
Section 106, act Apr. 20, 1918, ch. 59, § 6, as added Nov.
30, 1940, ch. 926, 54 Stat. 1220, related to making or causing to be made defective national-defense material. See
section 2156 of Title 18.
EFFECTIVE DATE OF REPEAL
Repeal of sections 101 to 106 effective Sept. 1, 1948, see
section 38 of act June 25, 1948, set out as an Effective

§§ 121 to 144

Date note preceding section 1 of Title 28, Judiciary and
Judicial Procedure.

CHAPTER 7—INTERFERENCE WITH HOMING
PIGEONS OWNED BY UNITED STATES
§§ 111 to 113. Repealed. June 25, 1948, ch. 645,
§ 21, 62 Stat. 862
Section 111, act Apr. 19, 1918, ch. 58, § 1, 40 Stat. 533,
related to prohibited acts affecting homing pigeons
owned by United States. See section 45 of Title 18,
Crimes and Criminal Procedure.
Section 112, act Apr. 19, 1918, ch. 58, § 2, 40 Stat. 533,
related to possession of pigeons as evidence of violation
of law. See section 45 of Title 18.
Section 113, act Apr. 19, 1918, ch. 58, § 3, 40 Stat. 533,
related to punishment. See section 45 of Title 18.
EFFECTIVE DATE OF REPEAL
Repeal of sections 111 to 113 effective Sept. 1, 1948, see
section 38 of act June 25, 1948, set out as an Effective
Date note preceding section 1 of Title 28, Judiciary and
Judicial Procedure.

CHAPTER 8—EXPLOSIVES; MANUFACTURE,
DISTRIBUTION, STORAGE, USE, AND POSSESSION REGULATED
§§ 121 to 144. Repealed. Pub. L. 91–452, title XI,
§ 1106(a), Oct. 15, 1970, 84 Stat. 960
Section 121, acts Oct. 6, 1917, ch. 83, § 1, 40 Stat. 385;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, defined ‘‘explosive’’, ‘‘explosives’’, ‘‘ingredients’’, ‘‘person’’, and ‘‘Director’’. See section 841 of Title 18, Crimes and Criminal Procedure.
Section 122, acts Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, related to unauthorized manufacture, distribution, possession, acquisition, etc., of explosives or ingredients. See section 842
of Title 18.
Section 123, acts Oct. 6, 1917, ch. 83, § 3, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864; Nov. 24, 1942, ch.
641, 56 Stat. 1022; Aug. 23, 1958, Pub. L. 85–726, title XIV,
§ 1405, 72 Stat. 808; Oct. 15, 1966, Pub. L. 89–670, § 8(f), 80
Stat. 943, excepted from provisions of this chapter purchase or possession of ingredients when purchased or
held in small quantities and not used or intended to be
used in manufacture of explosives, explosives or ingredients in transit in conformity with applicable law, explosives manufactured under authority of the United
States for armed forces or the F.B.I., and arsenals, etc.,
owned by, or operated by or on behalf of, the United
States. See section 845 of Title 18.
Section 124, acts Oct. 6, 1917, ch. 83, § 4, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, authorized a superintendent, foreman, or other duly authorized employee
at a mine, quarry, or other work, when licensed, to sell
or issue to any employee under him such amount of explosives or ingredients required by that employee in
performance of his duties. See section 843 of Title 18.
Section 125, acts Oct. 6, 1917, ch. 83, § 2, 40 Stat. 385;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 863, related to applicability of prohibitory provisions of this chapter.
Section 126, acts Oct. 6, 1917, ch. 83, § 5, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 864, required licensees
to keep records of disposition of explosives or ingredients. See section 843 of Title 18.
Section 127, acts Oct. 6, 1917, ch. 83, § 6, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865, authorized issuance of licenses. See section 843 of Title 18.
Section 128, acts Oct. 6, 1917, ch. 83, § 7, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865, set forth procedure
for issuance of licenses and fees for such licenses.
Section 129, acts Oct. 6, 1917, ch. 83, § 8, 40 Stat. 386;
Dec. 26, 1941, ch. 633, § 2, 55 Stat. 865; Ex. Ord. No. 9287,
eff. Dec. 24, 1942, 7 F.R. 10897, provided for term of license, qualifications of applicants for licenses, and revocation of license. See section 843 of Title 18.