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50 U.S.C. § 98c — Materials constituting the National Defense Stockpile

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

50 U.S.C. § 98c — Materials constituting the National Defense Stockpile

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Stable record: federal_law:legal_authorities:record_usc_951497fc07f62b57915cef25
Source file: Laws/federal/codes/united-states-code/title-50/section-98c-materials-constituting-the-national-defense-stockpile--963087a407.md
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Source location: Title 50, Chapter 5, § 98c; chapter-005-arsenals-armories-arms-and-war-material-generally.md

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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1704/b&num=0&edition=prelim) (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 4533 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4533&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2423&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section714b/h&num=0&edition=prelim). (7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of [section 1743(a) of title 7](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1743/a&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section1743/a&num=0&edition=prelim). (9) Materials transferred to the stockpile under subsection (b). (10) Materials transferred to the stockpile under subsection (c). **(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 suitable for transfer or disposal through 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** The Secretary of Defense shall determine whether materials are suitable for transfer to the stockpile under subsection (b), are suitable for disposal through the stockpile, and are uncontaminated.

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

50 U.S.C. § 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 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 or a single point of failure 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. **(d)** To the maximum extent practicable and to reduce the reliance of the National Defense Stockpile program on appropriated funds, the National Defense Stockpile Manager shall seek to achieve positive cash flows from the recovery of strategic and critical materials pursuant to [section 98e(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98e/a/5&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98a

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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”.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98

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

22 U.S.C. § 2423 — Exchanges of certain materials

**(a) Agreement for necessary or strategic raw material; definition** Notwithstanding any other provision of law, whenever the President determines it is in the United States national interest, he shall furnish assistance under this chapter or shall furnish defense articles or services under the Foreign Military Sales Act [[22 U.S.C. 2751](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2751&num=0&edition=prelim) et. seq.], pursuant to an agreement with the recipient of such assistance, articles, or services which provides that such recipient may only obtain such assistance, articles, or services in exchange for any necessary or strategic raw material controlled by such recipient. For the purposes of this section, the term “necessary or strategic raw material” includes petroleum, other fossil fuels, metals, minerals, or any other natural substance which the President determines is in short supply in the United States. **(b) Allocation of raw materials to Federal agencies** The President shall allocate any necessary or strategic raw material transferred to the United States under this section to any appropriate agency of the United States Government for stockpiling, sale, transfer, disposal, or any other purpose authorized by law. **(c) Deposits in United States Treasury of funds from disposal of materials** Funds received from any disposal of materials under subsection (b) shall be deposited as miscellaneous receipts in the United States Treasury.

Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2423

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

7 U.S.C. § 8701 — Geographically disadvantaged farmers and ranchers

**(a) Definitions** In this section: (1) **Agricultural commodity** — The term “agricultural commodity” has the meaning given the term in [section 5602 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section5602&num=0&edition=prelim). (2) **Geographically disadvantaged farmer or rancher** — The term “geographically disadvantaged farmer or rancher” has the meaning given the term in section 10906(a) of the Farm Security and Rural Investment Act of 2002 ([7 U.S.C. 2204](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section2204&num=0&edition=prelim) note; Public Law 107–171). **(b) Authorization** Subject to the availability of funds under subsection (d), the Secretary may provide geographically disadvantaged farmers or ranchers direct reimbursement payments for activities described in subsection (c). **(c) Transportation** (1) **In general** — Subject to paragraphs (2) and (3), the Secretary may provide direct reimbursement payments to a geographically disadvantaged farmer or rancher to transport an agricultural commodity, or inputs used to produce an agricultural commodity, during a fiscal year. (2) **Proof of eligibility** — To be eligible to receive assistance under paragraph (1), a geographically disadvantaged farmer or rancher shall demonstrate to the Secretary that transportation of the agricultural commodity or inputs occurred over a distance of more than 30 miles, as determined by the Secretary. (3) **Amount** (A) *In general* — Subject to paragraph (2), the amount of direct reimbursement payments made to a geographically disadvantaged farmer or rancher under this section for a fiscal year shall equal the product obtained by multiplying— (i) the amount of costs incurred by the geographically di

Source: Supplied U.S. Code snapshot — release unconfirmed · 7 U.S.C. § 8701

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

50 U.S.C. § 4533 — Presidential authorization for the national defense

**(a) Expediting production and deliveries or services** (1) **Authorized activities** — To reduce current or projected shortfalls of industrial resources, critical technology items, or essential materials needed for national defense purposes, subject to such regulations as the President may prescribe, the President may authorize a guaranteeing agency to provide guarantees of loans by private institutions for the purpose of financing any contractor, subcontractor, provider of critical infrastructure, or other person in support of production capabilities or supplies that are deemed by the guaranteeing agency to be necessary to create, maintain, expedite, expand, protect, or restore production and deliveries or services essential to the national defense. (2) **Presidential determinations required** — Except during a period of national emergency declared by Congress or the President, a loan guarantee may be entered into under this section only if the President determines that— (A) the loan guarantee is for an activity that supports the production or supply of an industrial resource, critical technology item, or material that is essential for national defense purposes; (B) without a loan guarantee, credit is not available to the loan applicant under reasonable terms or conditions sufficient to finance the activity; (C) the loan guarantee is the most cost effective, expedient, and practical alternative for meeting the needs of the Federal Government; (D) the prospective earning power of the loan applicant and the character and value of the security pledged provide a reasonable assurance of repayment of the loan to be guaranteed; (E) the loan to be guaranteed bears interest at a rate determined by the Secretary of the Treasury to be reasonable, taking into ac

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4533

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

50 U.S.C. § 98b — National Defense Stockpile

**(a) Determination of materials; quantities** Subject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in [section 98c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98c&num=0&edition=prelim), 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) on the basis of the principles stated in [section 98a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98a/c&num=0&edition=prelim). **(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 increase proposed to be made in the quantity of any material to be stockpiled that involves the acquisition of additional materials for the stockpile. The President may make the increase after the end of the 30-day period beginning on the date of the notification. The President shall include a full explanation and justification for the proposed increase with the notification.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98b

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

50 U.S.C. § 98h–2 — Reports

**(a) Reports to the Board** The National Defense Stockpile Manager shall submit to the Board an Annual Materials and Operations Plan for the forthcoming year. **(b) Reports to Congress** (1) **Report by National Defense Stockpile Manager** — Not later than February 15 of each fiscal year, the National Defense Stockpile Manager shall submit 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)) an Annual Operations and Materials Plan that shall include— (A) information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year; (B) information with respect to the acquisition and disposal of materials under this subchapter by barter, during such fiscal year; (C) information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials; (D) information with respect to the research and development activities conducted under [section 98g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98g&num=0&edition=prelim); (E) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year; (F) other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program; (G) an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and pla

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98h–2

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

50 U.S.C. § 98c — Materials constituting the National De-

Page 31 TITLE 50—WAR AND NATIONAL DEFENSE § 98c term in section 111 of the National Environmental Policy Act of 1969 (42 U.S.C. 4336e). ‘‘(3) STOCKPILE.—The term ‘Stockpile’ means the National Defense Stockpile established under section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b). ‘‘(4) STRATEGIC AND CRITICAL MATERIALS.—The term ‘strategic and critical materials’ means materials, in- cluding rare earth elements, that are necessary to meet national defense and national security require- ments, including requirements relating to supply chain resiliency, and for the economic security of the United States.’’ Executive Documents 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 De- fense Stockpile (a) Contents The stockpile consists of the following mate- rials: (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 De- cember 31, 1966) on July 29, 1979. (4) Materials acquired by the United States under the provisions of section 4533 of 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 unde

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

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