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50 U.S.C. § 98d — Authority for stockpile operations

Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98d — Authority for stockpile operations

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Source file: Laws/federal/codes/united-states-code/title-50/section-98d-authority-for-stockpile-operations--ceab329317.md
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Source location: Title 50, Chapter 5, § 98d; chapter-005-arsenals-armories-arms-and-war-material-generally.md

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**(a) Funds appropriated for acquisitions; proposed stockpile transactions; significant changes therein** (1) Except for acquisitions made under the authority of paragraph (3) of this section 11 So in original. Probably should be “subsection”. or under the authority of paragraph (3) or (4) of [section 98e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98e/a&num=0&edition=prelim), 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 any acquisition of materials under this subchapter (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 (or Congress requires) a significant change in any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the National Defense Stockpile Manager submits the report under [section 98h–2(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–2/b/2&num=0&edition=prelim) containing such plan, 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 30 days has passed from the date of the receipt of such statement by such committees. (3) Using funds appropriated for acquisition of materials under this subchapter, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under [section 98b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98b/a&num=0&edition=prelim) without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile. **(b) Disposal** (1) Except for disposals made under the authority of paragraph (3), (4), or (6) of [section 98e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98e/a&num=0&edition=prelim) or under [section 98f(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98f/a&num=0&edition=prelim), no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim)) under [section 98h–2(b)(1)(G) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98h–2/b/1/G&num=0&edition=prelim). (2) Not later than 15 days after making a disposal under paragraph (1), the National Defense Stockpile Manager shall notify the congressional defense committees (as defined in [section 101(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section101/a&num=0&edition=prelim)) of the disposal. **(c) Authorization of appropriations** There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available until expended, unless otherwise provided in appropriations Acts.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98 — Short title

This subchapter may be cited as the “Strategic and Critical Materials Stock Piling Act”.

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 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; (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; and (3) on the order of the Under Secretary of Defense for Acquisition and Sustainment, if the President has designated the Under Secretary to have authority to issue release orders under this subsection and, in the case of any such order, if the Under Secretary determines that the release of such materials is required for use, manufacture, or production for purposes of national defense. **(b)** Any order issued under subsection (a) shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives.

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Federal law — U.S. Code and appendices · legal_authorities

22 U.S.C. § 2761 — Sales from stocks

**(a) Eligible countries or international organizations; basis of payment; valuation of certain defense articles** (1) The President may sell defense articles and defense services from the stocks of the Department of Defense and the Coast Guard to any eligible country or international organization if such country or international organization agrees to pay in United States dollars— (A) in the case of a defense article not intended to be replaced at the time such agreement is entered into, not less than the actual value thereof; (B) in the case of a defense article intended to be replaced at the time such agreement is entered into, the estimated cost of replacement of such article, including the contract or production costs less any depreciation in the value of such article; or (C) in the case of the sale of a defense service, the full cost to the United States Government of furnishing such service, except that in the case of training sold to a purchaser who is concurrently receiving assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 [[22 U.S.C. 2347](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2347&num=0&edition=prelim) et seq.] or to any high-income foreign country (as described in that chapter), only those additional costs that are incurred by the United States Government in furnishing such assistance. (2) For purposes of subparagraph (A) of paragraph (1), the actual value of a naval vessel of 3,000 tons or less and 20 years or more of age shall be considered to be not less than the greater of the scrap value or fair value (including conversion costs) of such vessel, as determined by the Secretary of Defense. **(b) Time of payment** Except as provided by subsection (d) of this section, payment shall

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 98d — Authority for stockpile operations

Page 32 TITLE 50—WAR AND NATIONAL DEFENSE § 98d 1 So in original. Probably should be ‘‘subsection’’. 2 See References in Text note below. 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, pro- vided that: ‘‘All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now 50 U.S.C. 4533] and held in the Defense Pro- duction 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; pro- posed stockpile transactions; significant changes therein (1) Except for acquisitions made under the au- thority of paragraph (3) of this section 1 or 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 ac- quisition have been authorized by law. Funds ap- propriated for any acquisition of materials under this subchapter (and for transportation and other incidental expenses related to such ac- quisition) shall remain available until expended, unless otherwise provided in appropriation Acts. (2) If for any fiscal year the President proposes (or Congress requires) a significant change in any stockpile transactions proposed in the An- nual Materials and Operations Plan for such fis

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 98d

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