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 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. (7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of sec- tion 1743(a) of title 7, and transferred to the stockpile under the third sentence of such sec- tion. (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). (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 responsibil- ities, and (3) is suitable for transfer or disposal through the stockpile shall be transferred to the stockpile. Any such transfer shall be made with- out reimbursement to such department or agen- cy, but all costs required to effect such transfer shall be paid or reimbursed from funds appro- priated 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. (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; Pub. L. 114–328, div. A, title XIV, § 1412(a), Dec. 23, 2016, 130 Stat. 2570.) Editorial Notes 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 supple- mental 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 2016—Subsec. (b). Pub. L. 114–328, § 1412(a)(1), sub- stituted ‘‘suitable for transfer or disposal through’’ for ‘‘required for’’. Subsec. (c). Pub. L. 114–328, § 1412(a)(2), struck out ‘‘(2)’’ before ‘‘The Secretary’’, substituted ‘‘subsection (b)’’ for ‘‘this subsection’’, and struck out par. (1) which read as follows: ‘‘The Secretary of Energy, in consulta- tion with the Secretary of Defense, shall transfer to the stockpile for disposal in accordance with this sub- chapter uncontaminated materials that are in the De- partment of Energy inventory of materials for the pro- duction of defense-related items, are excess to the re- quirements of the Department for that purpose, and are suitable for transfer to the stockpile and disposal through the stockpile.’’ 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. 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 Revi- sion 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). Statutory Notes and Related Subsidiaries 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 Effec- tive Date note under section 8701 of Title 7, Agri- culture. 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- cal year after the National Defense Stockpile Manager submits the report under section 98h–2(b)(2) of this title 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 com- mittees of Congress and a period of 45 days has passed from the date of the receipt of such state- ment by such committees. (3) Using funds appropriated for acquisition of materials under this subchapter, the National Defense Stockpile Manager may acquire mate- rials determined to be strategic and critical under section 98b(a) of this title without regard to the requirement of the first sentence of para- graph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile. (b) Disposal Except for disposals made under the authority of paragraph (3), (4), or (5) 2 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 ma- terial to be disposed of, has been specifically au- thorized by law. (c) Authorization of appropriations There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, se- curity, maintenance, rotation, and disposal of materials contained in or acquired for the stock- pile. Funds appropriated for such purposes shall remain available until expended, unless other- wise provided in appropriations 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; Pub. L. 117–263, div. A, title XIV, §§ 1411(d)(1)(A), 1412(a), Dec. 23, 2022, 136 Stat. 2871, 2872; Pub. L. 118–31, div. A, title XIV, § 1411(e)(2)(A), Dec. 22, 2023, 137 Stat. 527.) Editorial Notes REFERENCES IN TEXT Paragraph (5) of section 98e(a) of this title, referred to in subsec. (b), was redesignated paragraph (6) of sec- tion 98e(a) of this title by Pub. L. 113–66, div. A, title XIV, § 1411(a), Dec. 26, 2013, 127 Stat. 934. 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 sec- tion 2(a) of Pub. L. 96–41. See section 98f of this title. Provisions similar to those in this section were con- tained in former sections 98b and 98g of this title prior to repeal by Pub. L. 96–41. AMENDMENTS 2023—Subsec. (a)(2). Pub. L. 118–31 substituted ‘‘the National Defense Stockpile Manager’’ for ‘‘the Board’’. 2022—Subsec. (a)(1). Pub. L. 117–263, § 1412(a)(1)(A), in- serted ‘‘under the authority of paragraph (3) of this sec- tion or’’ after ‘‘Except for acquisitions made’’ and sub- stituted ‘‘appropriated for any acquisition of materials under this subchapter’’ for ‘‘appropriated for such ac- quisition’’. Subsec. (a)(2). Pub. L. 117–263, § 1411(d)(1)(A), struck out ‘‘certain stockpile transactions in the annual mate- rials plan submitted to Congress for that year under section 98h–2(b) of this title and after that plan is sub- mitted the President proposes’’ after ‘‘the President proposes’’ and substituted ‘‘any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the Board submits the report under section 98h–2(b)(2) of this title containing such plan’’ for ‘‘any such transaction’’. Subsec. (a)(3). Pub. L. 117–263, § 1412(a)(1)(B), added par. (3). Subsec. (c). Pub. L. 117–263, § 1412(a)(2), substituted ‘‘until expended, unless otherwise provided in appro- priations Acts’’ for ‘‘to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts’’. 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 pe- riod 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 sen- tence, there shall be excluded any day on which either House of Congress is not in session because of an ad- journment 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 Na- tional Defense Stockpile Transaction Fund in excess of $100,000,000’’ after ‘‘authorized by law’’.