50 U.S.C. § 98b — National Defense Stockpile

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 Page 30 TITLE 50—WAR AND NATIONAL DEFENSE § 98b are strategic and critical materials for the pur- poses 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, to- gether with the other materials described in sec- tion 98c of this title, shall constitute and be col- lectively known as the National Defense Stock- pile (hereinafter in this subchapter referred to as the ‘‘stockpile’’). (b) Guidelines for exercise of Presidential au- thority 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. (c) Quantity change; notification to Congress (1) The quantity of any material to be stock- piled under this subchapter, as in effect on Sep- tember 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 mate- rials 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. (June 7, 1939, ch. 190, § 3, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 319; amended Pub. L. 100–180, div. C, title II, § 3202(a), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 100–456, div. A, title XII, § 1233(b)(2), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 102–484, div. C, title XXXIII, § 3311, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 104–201, div. C, title XXXIII, § 3312(a), Sept. 23, 1996, 110 Stat. 2857; Pub. L. 117–263, div. A, title XIV, § 1412(b), Dec. 23, 2022, 136 Stat. 2872.) Editorial Notes PRIOR PROVISIONS A prior section 98b, acts June 7, 1939, ch. 190, § 3, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title I, §§ 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, § 102(a), 63 Stat. 380; 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 purchase, storage, refinement, rota- tion, and disposal of materials, prior to repeal by sec- tion 2(a) of Pub. L. 96–41. See section 98e of this title. Provisions similar to those in this section were con- tained in former section 98a of this title prior to repeal by Pub. L. 96–41. AMENDMENTS 2022—Subsec. (c)(2). Pub. L. 117–263, in first sentence, substituted ‘‘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 stock- pile.’’ for ‘‘The President shall notify Congress in writ- ing of any change proposed to be made in the quantity of any material to be stockpiled.’’, in second sentence, substituted ‘‘the increase after the end of the 30-day pe- riod’’ for ‘‘the change after the end of the 45-day pe- riod’’ and, in third sentence, substituted ‘‘increase’’ for ‘‘change’’. 1996—Subsec. (c)(2). Pub. L. 104–201 substituted ‘‘after the end of the 45-day period beginning on’’ for ‘‘effec- tive on or after the 30th legislative day following’’ and struck out at end ‘‘For purposes of this paragraph, a legislative day is a day on which both Houses of Con- gress are in session.’’ 1992—Subsec. (c)(2) to (5). Pub. L. 102–484 added par. (2) and struck out former pars. (2) to (5) which read as follows: ‘‘(2) If the President proposes to change the quantity of any material to be stockpiled under this subchapter, the President shall include a full explanation and jus- tification for the change in the next annual material plan submitted to Congress under section 98h–2(b) of this title. ‘‘(3) If the proposed change in the case of any mate- rial would result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the Presi- dent effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to para- graph (2). ‘‘(4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law. ‘‘(5) If in any year the reports required by sections 98h–2(b) and 98h–5 of this title are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quan- tity of any material to be stockpiled under this sub- chapter.’’ 1988—Subsec. (c)(1). Pub. L. 100–456 substituted ‘‘De- cember 4, 1987’’ for ‘‘the date of the enactment of the National Defense Stockpile Amendments of 1987’’, which for purposes of codification had been translated as ‘‘December 4, 1987’’, thus requiring no change in text. 1987—Subsec. (a). Pub. L. 100–180, § 3202(a)(1), sub- stituted ‘‘Subject to subsection (c), the’’ for ‘‘The’’. Subsec. (b). Pub. L. 100–180, § 3202(a)(2), substituted ‘‘the principles stated in section 98a(c) of this title.’’ for ‘‘the following principles:’’ and struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled. Subsec. (c). Pub. L. 100–180, § 3202(a)(3), added subsec. (c) and struck out former subsec. (c) which read as fol- lows: ‘‘The quantity of any material to be stockpiled under this subchapter, as determined under subsection (a), may not be revised unless the Committees on Armed Services of the Senate and House of Representa- tives are notified in writing of the proposed revision and the reasons for such revision at least thirty days before the effective date of such revision.’’ Statutory Notes and Related Subsidiaries CONSULTATIONS WITH RESPECT TO ENVIRONMENTAL RE- VIEWS OF PROJECTS THAT WILL INCREASE AVAIL- ABILITY OF STRATEGIC AND CRITICAL MATERIALS FOR ACQUISITION FOR NATIONAL DEFENSE STOCKPILE Pub. L. 118–159, div. A, title XIV, § 1412, Dec. 23, 2024, 138 Stat. 2128, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense shall consult with the head of any agency responsible for the development of an environmental document for a project that will result in an increase in the avail- ability of strategic and critical materials for acquisi- tion for the Stockpile. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given such term in section 551 of title 5, United States Code. ‘‘(2) ENVIRONMENTAL DOCUMENT.—The term ‘envi- ronmental document’ has the meaning given that 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.