50 U.S.C. § 98a — Congressional findings and declaration of

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 relating to budgetary, administra- tive, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appro- priations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. § 98a. Congressional findings and declaration of purpose (a) The Congress finds that the natural re- sources of the United States in certain strategic and critical materials are deficient or insuffi- ciently developed to supply the military, indus- trial, and essential civilian needs of the United States for national defense. (b) It is the purpose of this subchapter to pro- vide 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 depend- ence 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 Stock- pile 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. (June 7, 1939, ch. 190, § 2, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319; amended Pub. L. 100–180, div. C, title II, § 3202(b), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 103–160, div. C, title XXXIII, § 3311, Nov. 30, 1993, 107 Stat. 1961; Pub. L. 104–201, div. C, title XXXIII, § 3311(b), Sept. 23, 1996, 110 Stat. 2857; Pub. L. 112–239, div. A, title XIV, § 1412, Jan. 2, 2013, 126 Stat. 2048; Pub. L. 118–31, div. A, title XIV, § 1411(a), Dec. 22, 2023, 137 Stat. 523.) Editorial Notes PRIOR PROVISIONS A prior section 98a, acts June 7, 1939, ch. 190, § 2, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596; 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, related to determination of strategic and critical materials, the quantity and quality to be pur- chased, formation and functions of industry advisory committees, and the subsistence and traveling expenses of members of those committees, prior to repeal by sec- tion 2(a) of Pub. L. 96–41. Provisions similar to those in this section were con- tained in former section 98 of this title prior to repeal by Pub. L. 96–41. AMENDMENTS 2023—Subsec. (d). Pub. L. 118–31 added subsec. (d). 2013—Subsec. (b). Pub. L. 112–239 inserted ‘‘or a single point of failure’’ after ‘‘foreign sources’’. 1996—Subsec. (c). Pub. L. 104–201 added subsec. (c) and struck out former subsec. (c) which read as follows: ‘‘In providing for the National Defense Stockpile under this subchapter, Congress establishes the following prin- ciples: ‘‘(1) 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 eco- nomic or budgetary purposes. ‘‘(2) Before October 1, 1994, the quantities of mate- rials stockpiled under this subchapter should be suffi- cient to sustain the United States for a period of not less than three years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained con- ventional global war of indefinite duration. ‘‘(3) On and after October 1, 1994, the quantities of materials stockpiled under this subchapter should be sufficient to meet the needs of the United States dur- ing a period of a national emergency that would ne- cessitate an expansion of the Armed Forces together with a significant mobilization of the economy of the United States under planning guidance issued by the Secretary of Defense.’’ 1993—Subsec. (c)(2). Pub. L. 103–160, § 3311(1), sub- stituted ‘‘Before October 1, 1994, the quantities’’ for ‘‘The quantities’’. Subsec. (c)(3). Pub. L. 103–160, § 3311(2), added par. (3). 1987—Subsec. (c). Pub. L. 100–180 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. C, title XXXIII, § 3311(c), Sept. 23, 1996, 110 Stat. 2857, provided that: ‘‘The amendments made by this section [amending this section and sec- tion 98h–5 of this title] shall take effect on October 1, 1996.’’ § 98b. National Defense Stockpile (a) Determination of materials; quantities Subject to subsection (c), the President shall determine from time to time (1) which materials