50 U.S.C. § 96 — Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A

Page 27 TITLE 50—WAR AND NATIONAL DEFENSE § 96 and 9501 [former sections 4501 and 9501 of Title 10] with respect to the placing of orders for necessary products or materials, and under 50 U.S.C. 82 with respect to the placing of orders for ships or war materials, except for the taking authority vested in the President by these acts, are hereby delegated to: (1) the Secretary of Agriculture with respect to all food resources; (2) the Secretary of Energy with respect to all forms of energy; (3) the Secretary of Transportation with respect to all forms of civil transportation; and (4) the Secretary of Commerce with respect to all other products and materials, including construction materials. (b) The authorities delegated in paragraph (a) of this section may be exercised only after the President has made the statutorily required determination. SEC. 104. Implementation. (a) The authorities delegated under sections 102 and 103 of this order shall include the power to redelegate such authorities, and the power of successive redelegation of such authorities, to depart- ments and agencies, officers, and employees of the Gov- ernment. The authorities delegated in this order may be implemented by regulations promulgated and ad- ministered by the Secretaries of Agriculture, Defense, Energy, Transportation, Homeland Security, and Com- merce, and the Director of the Federal Emergency Management Agency, as appropriate. (b) All departments and agencies delegated authority under this order are hereby directed to amend their rules and regulations as necessary to reflect the new authorities delegated herein that are to be relied upon to carry out their functions. To the extent authorized by law, including 50 U.S.C. App. 486 [468] [now 50 U.S.C. 3816], 10 U.S.C. 4501 and 9501 [former sections 4501 and 9501 of Title 10], and 50 U.S.C. 82, all rules and regula- tions issued under the Defense Production Act of 1950, as amended, with respect to the placing of priority or- ders for articles, products, ships, and materials, includ- ing 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 contin- ued 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 Fed- eral 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 se- curity requirements, any other official receiving a dele- gation of authority under this Executive order to place orders or to enforce precedence of such orders, shall ex- ercise such authority within 10 calendar days of the re- ceipt 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 resolu- tion 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 Sec- retary of Homeland Security with all appropriate de- partments 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 ben- efit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its offi- cers, or any person. §§ 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641 Section 83, act May 29, 1928, ch. 853, § 1, 45 Stat. 928, related to ammunition for use of Army and Navy, stor- age 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, re- lated to expenditure at armories for perfection of pat- entable inventions. Section 85, act Mar. 3, 1921, ch. 128, § 6, 41 Stat. 1352, authorized Secretary of War to proceed with installa- tion of guns and howitzers. §§ 86 to 88. Omitted Editorial Notes 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 former Ap- pendix to this title) pursuant to section 10 of that Act (former section 2030 of the former Appendix to this title). The act of Feb. 15, 1936 was subsequently super- seded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the former Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the former Appendix to this title). See, also, the Export Control Reform Act of 2018, which is classified principally to chapter 58 (§ 4801 et seq.) of 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. SUBCHAPTER II—EDUCATION AND EXPERI- MENTATION IN DEVELOPMENT OF MUNI- TIONS 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 or- ders 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 avail- ability of appropriations for purposes of sections 91 to 94 of this title. § 95. Omitted Editorial Notes CODIFICATION Section, act June 30, 1938, ch. 852, 52 Stat. 1255, au- thorized 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 ex- perimental and test purposes. See section 4023 of Title 10, Armed Forces. Page 28 TITLE 50—WAR AND NATIONAL DEFENSE § 98 SUBCHAPTER III—ACQUISITION AND DE- VELOPMENT OF STRATEGIC RAW MATE- RIALS § 98. Short title This subchapter may be cited as the ‘‘Stra- tegic and Critical Materials Stock Piling Act’’. (June 7, 1939, ch. 190, § 1, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319.) Editorial Notes 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. Statutory Notes and Related Subsidiaries 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 sec- tion] may be cited as the ‘National Defense Stockpile Amendments of 1987’.’’ SHORT TITLE OF 1979 AMENDMENT Pub. L. 96–41, § 1, July 30, 1979, 93 Stat. 319, 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 4533 of this title, sections 1743 and 1745 of Title 7, Agri- culture, 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’.’’ 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 sub- chapter, be cited as the ‘‘Strategic and Critical Mate- rials Stock Piling Act’’, prior to repeal by Pub. L. 96–41, § 2(b)(2), July 30, 1979, 93 Stat. 324. NEW BUDGET AUTHORITY Pub. L. 96–41, § 4, July 30, 1979, 93 Stat. 320, 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 Documents 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 Fis- cal 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 Na- tional Defense Stockpile Manager. The functions vest- ed in the President by the Strategic and Critical Mate- rials 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 sec- tion 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 sec- tion 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 De- fense. 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. EX. ORD. NO. 14051. DESIGNATION TO EXERCISE AUTHORITY OVER THE NATIONAL DEFENSE STOCKPILE Ex. Ord. No. 14051, Oct. 31, 2021, 86 F.R. 60747, pro- vided: By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), sec- tion 1413 of the National Defense Authorization Act for Fiscal Year 2013 (Public Law 112–239) [amending sec- tions 98f and 98h–7 of this title], and section 301 of title 3, United States Code, it is hereby ordered as follows: SECTION 1. Policy and Purpose. The United States needs resilient, diverse, and secure supply chains to en- sure our economic prosperity, national security, and national competitiveness. In Executive Order 14017 of February 24, 2021 (America’s Supply Chains) [86 F.R. 11849], I directed a comprehensive review of America’s supply chains to ensure that they are resilient in the face of a range of risks. One critical component of safe- guarding supply chain resilience and industrial base health is ensuring that both the Federal Government and the private sector maintain adequate quantities of supplies, equipment, or raw materials on hand to create a buffer against potential shortages and import depend- encies. Some of the Federal Government’s key tools to maintain adequate quantities of supplies to guard against such shortages and dependencies are the United States national stockpiles, including the National De- fense Stockpile. By strengthening the National Defense Stockpile, the Federal Government will both ensure that it is keeping adequate quantities of goods on hand and provide a model for the private sector, while recog- nizing that private sector stockpiles and reserves can differ from government ones. This order confers author- ity related to the release of strategic and critical mate- rials from the National Defense Stockpile to improve Federal Government efforts around stockpiling for na- tional defense purposes. SEC. 2. Designation. In accordance with section 98f of title 50, United States Code, the Under Secretary of De-