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50 U.S.C. § 98b — National Defense Stockpile
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_a1e96ecb1303fe96a536e80d
Source file: Laws/federal/codes/united-states-code/title-50/section-98b-national-defense-stockpile--66afa437d8.md
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Source location: Title 50, Chapter 5, § 98b; chapter-005-arsenals-armories-arms-and-war-material-generally.md
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**(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.
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 551
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Federal law — U.S. Code and appendices · legal_authorities
**(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
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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98c
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Permitting portal study** The Council on Environmental Quality shall conduct a study and submit a report to Congress within 1 year of the enactment of this Act 11 See References in Text note below. on the potential for online and digital technologies to address delays in reviews and improve public accessibility and transparency under [section 4332(2)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim) including, but not limited to, a unified permitting portal that would—
(1) allow applicants to—
(A) submit required documents or materials for their project in one unified portal;
(B) upload and collaborate with the applicable agencies to edit documents in real-time, as required;
(C) upload and display visual features such as video, animation, geographic information system displays, and three-dimensional renderings; and
(D) track the progress of individual applications;
(2) include a cloud based, digital tool for more complex reviews that would enhance interagency coordination in consultation by—
(A) centralizing, across all necessary agencies, the data, visuals, and documents, including but not limited to geographic information system displays, other visual renderings, and completed reports and analyses necessary for reviews;
(B) streamlining communications between all necessary agencies and the applicant;
(C) allowing for comments and responses by and to all necessary agencies in one unified portal;
(D) generating analytical reports to aid in organizing and cataloguing public comments; and
(E) be 22 So in original. Probably should be “being”. accessible on mobile devices;
(3) boost transparency in agency processes and present information suitable for a lay audienc
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 4336e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential powers** The National Defense Stockpile Manager shall—
(1) acquire the materials determined under [section 98b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98b/a&num=0&edition=prelim) 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) provide for the appropriate recovery of any strategic and critical materials under [section 98b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section98b/a&num=0&edition=prelim) that may be available from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;
(6) subject to the notification required by subsection (d)(2), provide for the timely disposal of materials in the stockpile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Government if allowed to deteriorate; and
(7) dispose of materials in the stockpile in accordance with the most recent annual materials plan submitted to the congressional defense committees (as defined in [section 101(a) of title 10](https://uscode.ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 98e
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Federal law — U.S. Code and appendices · legal_authorities
The Corporation—
**(a)** Shall have succession in its corporate name.
**(b)** May adopt, alter, and use a corporate seal, which shall be judicially noticed.
**(c)** May sue and be sued, but no attachment, injunction, garnishment, or other similar process, mesne or final, shall be issued against the Corporation or its property. The district courts of the United States, including the district courts of any Territory or possession, shall have exclusive original jurisdiction, without regard to the amount in controversy, of all suits brought by or against the Corporation: Provided, That the Corporation may intervene in any court in any suit, action, or proceeding in which it has an interest. Any suit against the Corporation shall be brought in the District of Columbia, or in the district wherein the plaintiff resides or is engaged in business. No suit by or against the Corporation shall be allowed unless (1) it shall have been brought within six years after the right accrued on which suit is brought, or (2) in the event that the person bringing such suit shall have been under legal disability or beyond the seas at the time the right accrued, the suit shall have been brought within three years after the disability shall have ceased or within six years after the right accrued on which suit is brought, whichever period is longer. The defendant in any suit by or against the Corporation may plead, by way of set-off or counterclaim, any cause of action, whether arising out of the same transaction or not, which would otherwise be barred by such limitation if the claim upon which the defendant’s cause of action is based had not been barred prior to the date that the plaintiff’s cause of action arose: Provided, That the defendant shall not be awarded a judgment on any such set-off
Source: Supplied U.S. Code snapshot — release unconfirmed · 15 U.S.C. § 714b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Loan or gift transactions; written agreement; covered programs**
(1) Except as provided in subsection (c), the Secretary of Defense may loan to a country that is a NATO or major non-NATO ally materials, supplies, or equipment for the purpose of carrying out a program of cooperative research, development, testing, or evaluation. The Secretary may accept as a loan or a gift from a country that is a NATO or major non-NATO ally materials, supplies, or equipment for such purpose.
(2) Each loan or gift transaction entered into by the Secretary under this section shall be provided for under the terms of a written agreement between the Secretary and the country concerned.
(3) A program of testing or evaluation for which the Secretary may loan materials, supplies, or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization, interchangeability, or technical evaluation if the country to which the materials, supplies, or equipment are loaned agrees to provide the results of the testing or evaluation to the United States without charge.
**(b) Reimbursement of consumed materials, etc.** The materials, supplies, or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the United States if the Secretary—
(1) determines that the success of the research, development, test, or evaluation depends upon expending or otherwise consuming the materials, supplies, or equipment loaned to the country; and
(2) approves of the expenditure or consumption of such materials, supplies, or equipment.
**(c) Prohibitions** The Secretary of Defense may not loan to a country under this section any mate
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2796d
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Federal law — U.S. Code and appendices · legal_authorities
Page 29
TITLE 50—WAR AND NATIONAL DEFENSE
§ 98b
fense for Acquisition and Sustainment (Under Sec-
retary) is designated to have authority to release stra-
tegic and critical materials from the National Defense
Stockpile.
SEC. 3. Execution and Consultation. In executing the
authority conferred by this order, the Under Secretary
may release strategic and critical materials from the
National Defense Stockpile for use, sale, or other dis-
position only when required for use, manufacture, or
production for purposes of national defense. No release
is authorized for economic or budgetary purposes. Prior
to ordering the release of strategic and critical mate-
rials from the National Defense Stockpile, the Under
Secretary shall consult with the heads of relevant exec-
utive departments and agencies.
SEC. 4. Authority. (a) All previously issued orders, reg-
ulations, rulings, certificates, directives, and other ac-
tions relating to any function affected by this order
shall remain in effect except to the extent that they
are inconsistent with this order or are subsequently
amended or revoked under proper authority. Nothing in
this order shall affect the validity or force of anything
done under previous delegations or another assignment
of authority under the Strategic and Critical Materials
Stock Piling Act.
(b) Nothing in this order shall affect the authorities
assigned under Executive Order 13603 of March 16, 2012
(National Defense Resources Preparedness) [50 U.S.C.
4553 note].
SEC. 5. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive de-
partment or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Man-
agement and Budget re
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 98b
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.