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- 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’’. Page 33 TITLE 50—WAR AND NATIONAL DEFENSE § 98d 1987—Subsec. (a)(2). Pub. L. 100–180 struck out ‘‘or until each such committee, before the expiration of such period, notifies the President that it has no objec- tion to the proposed transaction’’ before period at end of first sentence. 1986—Subsec. (b). Pub. L. 99–661 substituted ‘‘para- graph (3), (4), or (5)’’ for ‘‘paragraph (4) or (5)’’. 1984—Subsec. (b)(2). Pub. L. 98–525, § 903(b), sub- stituted ‘‘$100,000,000’’ for ‘‘$250,000,000’’. Pub. L. 98–525, § 903(a), substituted ‘‘an unobligated balance’’ for ‘‘a balance’’ where first appearing and ‘‘$250,000,000’’ for ‘‘$1,000,000,000 or, in the case of a dis- posal to be made after September 30, 1983, if the dis- posal would result in there being a balance in the fund in excess of $500,000,000’’. 1981—Subsec. (a). Pub. L. 97–35, § 203(a), designated ex- isting provisions as par. (1), inserted applicability to other incidental expenses, substituted ‘‘until expended, unless otherwise’’ for ‘‘for a period of five fiscal years, if so’’, and added par. (2). Subsec. (b). Pub. L. 97–35, § 203(b), inserted designa- tion for cl. (1) and added cl. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–525, title IX, § 903(b), Oct. 19, 1984, 98 Stat. 2573, as amended by Pub. L. 99–145, title XVI, § 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that the amendment by section 903(b) of Pub. L. 98–525, is effec- tive Oct. 1, 1987. EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–35, title II, § 203(f), Aug. 13, 1981, 95 Stat. 382, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall apply with re- spect to funds appropriated for fiscal years beginning after September 30, 1981.’’ DEPARTMENT OF DEFENSE READINESS TO SUPPORT PROLONGED CONFLICT Pub. L. 117–263, div. A, title XIV, § 1415, Dec. 23, 2022, 136 Stat. 2873, provided that: ‘‘(a) STUDIES REQUIRED.— ‘‘(1) IN GENERAL.—For each report required by sec- tion 14(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5(a)), the National De- fense Stockpile Manager shall— ‘‘(A) conduct a study on the strategic materials required by the Department of Defense to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy; and ‘‘(B) not later than January 15, 2024, submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Sen- ate and the House of Representatives] a report on such study in a classified form with an unclassified summary. ‘‘(2) ENERGY STORAGE AND ELECTRONIC COMPO- NENTS.— ‘‘(A) IN GENERAL.—The Under Secretary of De- fense for Acquisition and Sustainment shall con- duct a study of the energy storage and electronic components necessary to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy. ‘‘(B) REPORT.— ‘‘(i) IN GENERAL.—Not later than January 15, 2024, the Under Secretary of Defense for Acquisi- tion and Sustainment shall submit to the con- gressional defense committees a report on the study required under subparagraph (A). ‘‘(ii) FORM.—The report required by clause (i) shall be submitted in an unclassified form but may contain a classified annex. ‘‘(iii) ELEMENTS.—The report required by clause (i) shall include the following: ‘‘(I) A description of the specific number and type of energy storage and electronic compo- nents that the Department of Defense requires for the manufacture of munitions, combat sup- port items, and weapon systems to sustain com- bat operations. ‘‘(II) A description of the specific number and type of energy storage and electronic compo- nents that the Department of Defense requires to replenish or replace munitions, combat sup- port items, and weapon systems that are lost or expended during the execution and sustainment of the relevant operational plan. ‘‘(III) A description of supply chain vulnerabilities during the sustainment and exe- cution period, such as sole sources of supply, war damage, and shipping interdiction. ‘‘(IV) A description of supply chain vulnerabilities prior to the sustainment and execution period and the replenishment and re- placement period, such as reliance on sole sources of supply, geographic proximity to stra- tegic competitors, and diminishing manufac- turing sources. ‘‘(V) An identification of alternative sources of supply for energy and electronics components that are domestic or are from allies or partners of the United States. ‘‘(VI) An assessment of the technical and eco- nomic feasibility of the preparedness and re- sponse programs of the Department of Defense, such as the National Defense Stockpile, the Warstopper program, war reserves and pre-posi- tioned stocks, contract options, or other meth- ods to mitigate postulated shortfalls to Depart- ment of Defense requirements. ‘‘(VII) Any other such elements deemed ap- propriate by the Under Secretary of Defense for Acquisition and Sustainment. ‘‘(C) ENERGY STORAGE AND ELECTRONIC COMPONENT DEFINED.—In this paragraph, the term ‘energy stor- age and electronic component’ includes— ‘‘(i) an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, ca- pacitors, diodes, switches, transistors, or inte- grated circuits; and ‘‘(ii) battery cells, battery modules, battery packs, and other related components related to batteries. ‘‘(b) ACQUISITION PRIORITY.—Consistent with the au- thority in section 5 of the Strategic and Critical Mate- rials Stock Piling Act (50 U.S.C. 98d) and subject to the availability of appropriations, the National Defense Stockpile Manager shall acquire the highest priority strategic and critical materials identified in the report submitted under subsection (a)(1). ‘‘(c) STRATEGIC AND CRITICAL MATERIALS DEFINED.—In this section, the term ‘strategic and critical materials’ has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3).’’ PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS Pub. L. 99–145, title XVI, § 1612, Nov. 8, 1985, 99 Stat. 776, as amended by Pub. L. 99–661, div. C, title II, § 3201, Nov. 14, 1986, 100 Stat. 4067, prohibited action before Oct. 1, 1987, to implement or administer any change in a stockpile goal in effect on Oct. 1, 1984, that would re- sult in a reduction in the quality or quantity of any strategic and critical material acquired for the Na- tional Defense Stockpile. MATERIALS IN THE NATIONAL DEFENSE STOCKPILE Provisions relating to certain materials in the Na- tional Defense Stockpile were contained in the fol- lowing acts: Pub. L. 118–31, div. A, title XIV, § 1412, Dec. 22, 2023, 137 Stat. 528. Pub. L. 116–92, div. A, title VIII, § 850, Dec. 20, 2019, 133 Stat. 1509. Page 34 TITLE 50—WAR AND NATIONAL DEFENSE § 98d Pub. L. 115–91, div. A, title XIV, § 1414, Dec. 12, 2017, 131 Stat. 1708. Pub. L. 114–328, div. A, title XIV, § 1411, Dec. 23, 2016, 130 Stat. 2569. Pub. L. 113–66, div. A, title XIV, § 1412, Dec. 26, 2013, 127 Stat. 934. Pub. L. 110–181, div. A, title XIV, §§ 1413, 1414, Jan. 28, 2008, 122 Stat. 418, 419. Pub. L. 109–163, div. C, title XXXIII, §§ 3303, 3304, Jan. 6, 2006, 119 Stat. 3546. Pub. L. 108–375, div. C, title XXXIII, § 3303, Oct. 28, 2004, 118 Stat. 2193. Pub. L. 107–107, div. C, title XXXIII, §§ 3301, 3303, 3306(a), Dec. 28, 2001, 115 Stat. 1388, 1389, 1391. Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3303], Oct. 30, 2000, 114 Stat. 1654, 1654A–483. Pub. L. 106–65, div. C, title XXXIV, § 3402(a)–(e), Oct. 5, 1999, 113 Stat. 972, 973; Pub. L. 108–136, div. C, title XXXIII, § 3302, Nov. 24, 2003, 117 Stat. 1788; Pub. L. 109–163, div. C, title XXXIII, § 3302(b), Jan. 6, 2006, 119 Stat. 3546; Pub. L. 110–181, div. A, title XIV, § 1412(a), Jan. 28, 2008, 122 Stat. 418; Pub. L. 111–383, div. A, title XIV, § 1412, Jan. 7, 2011, 124 Stat. 4412; Pub. L. 112–81, div. A, title XIV, § 1412, Dec. 31, 2011, 125 Stat. 1654. Pub. L. 106–31, title I, § 303, May 21, 1999, 113 Stat. 67. Pub. L. 105–262, title VIII, § 8109, Oct. 17, 1998, 112 Stat. 2322. Pub. L. 105–261, div. C, title XXXIII, §§ 3301, 3303, Oct. 17, 1998, 112 Stat. 2262, 2263; Pub. L. 106–65, div. C, title XXXIV, § 3403(a), Oct. 5, 1999, 113 Stat. 973; Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3302], Oct. 30, 2000, 114 Stat. 1654, 1654A–483; Pub. L. 107–107, div. C, title XXXIII, § 3304(a), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 108–375, div. C, title XXXIII, § 3302, Oct. 28, 2004, 118 Stat. 2193; Pub. L. 109–163, div. C, title XXXIII, § 3302(a), Jan. 6, 2006, 119 Stat. 3545; Pub. L. 109–364, div. C, title XXXIII, § 3302(a), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–181, div. A, title XIV, § 1412(b), Jan. 28, 2008, 122 Stat. 418; Pub. L. 110–417, [div. A], title XIV, § 1412(a), Oct. 14, 2008, 122 Stat. 4648. Pub. L. 105–85, div. A, title XXXIII, §§ 3301, 3303–3305, Nov. 18, 1997, 111 Stat. 2056, 2057; Pub. L. 106–65, div. C, title XXXIV, §§ 3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat. 973; Pub. L. 107–107, div. C, title XXXIII, §§ 3304(b), 3305, Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, § 3302(b), Oct. 17, 2006, 120 Stat. 2513; Pub. L. 110–417, [div. A], title XIV, § 1412(b), Oct. 14, 2008, 122 Stat. 4648; Pub. L. 111–84, div. A, title XIV, § 1412, Oct. 28, 2009, 123 Stat. 2562. Pub. L. 104–201, div. C, title XXXIII, §§ 3301, 3303, Sept. 23, 1996, 110 Stat. 2854, 2855; Pub. L. 106–65, div. C, title XXXIV, §§ 3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973, 974; Pub. L. 107–107, div. C, title XXXIII, § 3304(c), Dec. 28, 2001, 115 Stat. 1390; Pub. L. 109–364, div. C, title XXXIII, § 3302(c), Oct. 17, 2006, 120 Stat. 2513. Pub. L. 103–337, div. C, title XXXIII, § 3304, Oct. 5, 1994, 108 Stat. 3098. Pub. L. 103–160, div. C, title XXXIII, §§ 3301, 3303(a), Nov. 30, 1993, 107 Stat. 1960, 1961. Pub. L. 102–484, div. C, title XXXIII, §§ 3301–3303, Oct. 23, 1992, 106 Stat. 2649–2651; Pub. L. 103–160, div. C, title XXXIII, § 3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L. 103–337, div. A, title X, § 1070(c)(3), div. C, title XXXIII, § 3303, Oct. 5, 1994, 108 Stat. 2858, 3098. Pub. L. 102–190, div. C, title XXXIII, § 3301, Dec. 5, 1991, 105 Stat. 1583; Pub. L. 102–484, div. C, title XXXIII, § 3308, Oct. 23, 1992, 106 Stat. 2653. Pub. L. 102–172, title VIII, § 8094, Nov. 26, 1991, 105 Stat. 1196. Pub. L. 101–189, div. C, title XXXIII, §§ 3301, 3302, Nov. 29, 1989, 103 Stat. 1685. Pub. L. 100–456, div. A, title XV, § 1501, Sept. 29, 1988, 102 Stat. 2085. Pub. L. 99–661, div. C, title II, §§ 3204, 3205, Nov. 14, 1986, 100 Stat. 4068. Pub. L. 99–591, § 101(c) [title IX, § 9110], (m) [title V, § 519], Oct. 30, 1986, 100 Stat. 3341–82, 3341–120, 3341–308, 3341–326. Pub. L. 99–500, § 101(c) [title IX, § 9110], (m) [title V, § 519], Oct. 18, 1986, 100 Stat. 1783–82, 1783–120, 1783–308, 1783–326. Pub. L. 98–525, title IX, §§ 901, 902, Oct. 19, 1984, 98 Stat. 2573. Pub. L. 97–377, title I, § 101(c) [title VII, § 799B], Dec. 21, 1982, 96 Stat. 1866. Pub. L. 97–114, title VII, § 788, Dec. 29, 1981, 95 Stat. 1592. Pub. L. 97–35, title II, § 201, Aug. 13, 1981, 95 Stat. 380. AUTHORIZATION OF APPROPRIATIONS Pub. L. 97–35, title II, § 202, Aug. 13, 1981, 95 Stat. 381, provided that: ‘‘(a) Effective on October 1, 1981, there is authorized to be appropriated the sum of $535,000,000 for the acqui- sition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Pil- ing Act (50 U.S.C. 98e(a)). ‘‘(b) Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).’’ DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS Act June 22, 1956, ch. 426, 70 Stat. 329, directed Fed- eral Facilities Corporation immediately to sell or lease Government-owned tin smelter at Texas City, Texas, and waste acid plant and other assets of Government’s tin program, prescribed corporate powers of Corpora- tion in regard to sale or lease, established a Tin Advi- sory Committee to consult with Corporation, estab- lished periods for receipt and negotiation of purchase proposals, and provided that if no contract for sale or lease was effected prior to Jan. 31, 1957, then smelter and other assets be reported as excess property for transfer and disposal in accordance with provisions of Federal Property and Administrative Services Act of 1949. MAINTENANCE OF DOMESTIC TIN-SMELTING INDUSTRY; TRANSFER OF FUNCTIONS, ETC. Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, § 103, 67 Stat. 230; June 22, 1956, ch. 426, § 5(a), 70 Stat. 329, declared tin to be a highly stra- tegic and critical material in short supply, directed that it was in the public interest that Congress make a thorough investigation on the advisability of the maintenance of a permanent tin-smelting industry and study the availability of adequate tin supplies, pro- vided that the powers, functions, duties, and authority of the United States exercised by the Reconstruction Finance Corporation to buy, sell, and transport tin, and tin ore and concentrates, to improve, develop, main- tain, and operate by lease or otherwise the Govern- ment-owned tin smelter at Texas City, Texas, to fi- nance research in tin smelting and processing, and to do all other things necessary to the accomplishment of the foregoing continue in effect until Jan. 31, 1957, or until such earlier time as the Congress shall otherwise provide, and be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate, authorized diversification of tin-recovery facilities in the United States, and re- quired the Reconstruction Finance Corporation to re- port to Congress on its activities not later than Dec. 31, 1947, and at the end of each six months thereafter. DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAS; CANCELLATION OF OBLIGATIONS Cancellation of obligation of General Services Ad- ministration to Federal Facilities Corporation existing by virtue of section 5(b) of act June 22, 1956, set out as a note above, see section 4(b) of Pub. L. 87–190, Aug. 30, 1961, 75 Stat. 418, formerly set out as a note under sec- tions 1921 to 1929 of the former Appendix to this title. Page 35 TITLE 50—WAR AND NATIONAL DEFENSE § 98e Executive Documents DELEGATION OF FUNCTIONS Functions of President under this section delegated to 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. FEDERAL FACILITIES CORPORATION; ABOLITION AND DIS- SOLUTION OF RECONSTRUCTION FINANCE CORPORATION AND FEDERAL FACILITIES CORPORATION Ex. Ord. No. 10539, eff. June 22, 1954, 19 F.R. 3827, des- ignated the Federal Facilities Corporation to perform and exercise the functions formerly performed and ex- ercised by the Reconstruction Finance Corporation under act June 28, 1947, set out as a note above. The Re- construction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47 Stat. 5, was subsequently abol- ished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Em- ployees. The Federal Facilities Corporation was, in turn, dissolved by Pub. L. 87–190, § 6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title. § 98e. Stockpile management (a) Presidential powers The President shall— (1) acquire the materials determined under section 98b(a) of this title 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 de- terioration 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 sec- tion 98b(a) of this title 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 dis- posal 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) subject to the provisions of section 98d(b) of this title, dispose of materials in the stock- pile the disposal of which is specifically au- thorized by law. (b) Federal procurement practices Except as provided in subsections (c) and (d), acquisition of strategic and critical materials under this subchapter shall be made in accord- ance with established Federal procurement prac- tices, and, except as provided in subsections (c) and (d) and in section 98f(a) of this title, disposal of strategic and critical materials from the stockpile shall be made in accordance with the next sentence. To the maximum extent fea- sible— (1) competitive procedures shall be used in the acquisition and disposal of such materials; and (2) efforts shall be made in the acquisition and disposal of such materials to consult with producers and processors of such materials to avoid undue disruption of the usual markets of producers, processors, and consumers of such materials and to protect the United States against avoidable loss. (c) Barter; use of stockpile materials as payment for expenses of acquiring, refining, proc- essing, or rotating materials (1) The President shall encourage the use of barter in the acquisition under subsection (a)(1) of strategic and critical materials for, and the disposal under subsection (a)(6) or (a)(7) of mate- rials from, the stockpile when acquisition or dis- posal by barter is authorized by law and is prac- tical and in the best interest of the United States. (2) Materials in the stockpile (the disposition of which is authorized by paragraph (3) to fi- nance the upgrading, refining, or processing of a material in the stockpile, or is otherwise au- thorized by law) shall be available for transfer at fair market value as payment for expenses (including transportation and other incidental expenses) of acquisition of materials, or of up- grading, refining, processing, or rotating mate- rials, under this subchapter. (3) Notwithstanding section 98b(c) of this title or any other provision of law, whenever the President provides under subsection (a)(3) for the upgrading, refining, or processing of a mate- rial in the stockpile to convert that material into a form more suitable for storage, subse- quent disposition, and immediate use in a na- tional emergency, the President may barter a portion of the same material (or any other ma- terial in the stockpile that is authorized for dis- posal) to finance that upgrading, refining, or processing. (4) To the extent otherwise authorized by law, property owned by the United States may be bartered for materials needed for the stockpile. (d) Waiver; notification of proposed disposal of materials (1) The President may waive the applicability of any provision of the first sentence of sub- section (b) to any acquisition of material for, or disposal of material from, the stockpile. When- ever the President waives any such provision with respect to any such acquisition or disposal, or whenever the President determines that the application of paragraph (1) or (2) of such sub- section to a particular acquisition or disposal is not feasible, the President shall notify the Com- mittee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives in writing of the proposed ac- quisition or disposal at least 45 days before any obligation of the United States is incurred in connection with such acquisition or disposal and shall include in such notification the reasons for