This subchapter may be cited as the “Strategic and Critical Materials Stock Piling Act”.
June 7, 1939, ch. 190, § 1 Pub. L. 96–41, § 2(a)93 Stat. 319 (, as added , , .)
Editorial Notes
Prior Provisions
June 7, 1939, ch. 190, § 1 53 Stat. 811 July 23, 1946, ch. 590 60 Stat. 596 section 2(a) of Pub. L. 96–41A prior section 98, acts , ; , , related to declaration of Congressional policy in enacting this subchapter, prior to repeal by .
Statutory Notes and Related Subsidiaries
Short Title of 1987 Amendment
Pub. L. 100–180, div. C, title II, § 3201101 Stat. 1245
Short Title of 1979 Amendment
Pub. L. 96–41, § 193 Stat. 319
Short Title
Act June 7, 1939, ch. 190, § 11 act July 23, 1946, ch. 590 60 Stat. 596 Pub. L. 92–156, title V, § 503(1)85 Stat. 427 Pub. L. 96–41, § 2(b)(2)93 Stat. 324 , formerly § 10, as added by , ; renumbered § 11, , , , provided that this Act, which enacted this subchapter, be cited as the “Strategic and Critical Materials Stock Piling Act”, prior to repeal by , , .
New Budget Authority
Pub. L. 96–41, § 493 Stat. 320
Executive Documents
Executive Order No. 12155
50 U.S.C. 98Pub. L. 100–180, div. C, title II, § 3203(b)101 Stat. 1247 Ex. Ord. No. 12155, , 44 F.R. 53071, as amended by Ex. Ord. No. 12417, , 48 F.R. 20035, which related to delegation of functions vested in President by Strategic and Critical Materials Stock Piling Act, as amended [ et seq.], to various Federal agencies and officials, was revoked by , , , effective 30 days after .
Ex. Ord. No. 12626. National Defense Stockpile Manager
Ex. Ord. No. 12626, , 53 F.R. 6114, provided:
50 U.S.C. 98Public Law 100–180section 98e–1 of this titlesection 98e–1 of this titlesection 301 of Title 3By 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 ( et seq.), as amended, section 3203 of the National Defense Authorization Act for Fiscal Year 1988 () [amending and enacting a provision set out as a note under ], and of the United States Code, it is hereby ordered as follows:
Section50 U.S.C. 9850 U.S.C. 98f50 U.S.C. 98g(a)50 U.S.C. 98g(b) 1. The Secretary of Defense is designated National Defense Stockpile Manager. The functions vested in the President by the Strategic and Critical Materials Stock Piling Act [ et seq.], except the functions vested in the President by sections 7, 8, and 13 of the Act [, 98g, 98h–4], are delegated to the Secretary of Defense. The functions vested in the President by section 8(a) of the Act [] are delegated to the Secretary of the Interior. The functions vested in the President by section 8(b) of the Act [] are delegated to the Secretary of Agriculture.
Sec15 U.S.C. 714b(h). 2. The functions vested in the President by section 4(h) of the Commodity Credit Corporation Charter Act, as amended (), are delegated to the Secretary of Defense.
Sec40 U.S.C. 485(f)40 U.S.C. 574(d). 3. The functions vested in the President by section 204(f) of the Federal Property and Administrative Services Act of 1949, as amended () [now ], are delegated to the Secretary of Defense.
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.
Ex. Ord. No. 14051. Designation To Exercise Authority Over the National Defense Stockpile
Ex. Ord. No. 14051, , 86 F.R. 60747, provided:
50 U.S.C. 98et seqPublic Law 112–239section 301 of title 3By 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 ( .), section 1413 of the National Defense Authorization Act for Fiscal Year 2013 () [amending sections 98f and 98h–7 of this title], and , United States Code, it is hereby ordered as follows:
SectionPolicy and Purpose 1. . The United States needs resilient, diverse, and secure supply chains to ensure our economic prosperity, national security, and national competitiveness. In Executive Order 14017 of (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 safeguarding 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 dependencies. 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 Defense 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 recognizing that private sector stockpiles and reserves can differ from government ones. This order confers authority related to the release of strategic and critical materials from the National Defense Stockpile to improve Federal Government efforts around stockpiling for national defense purposes.
Sec.Designationsection 98f of title 50 2. . In accordance with , United States Code, the Under Secretary of Defense for Acquisition and Sustainment (Under Secretary) is designated to have authority to release strategic and critical materials from the National Defense Stockpile.
Sec.Execution and Consultation 3. . 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 disposition 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 materials from the National Defense Stockpile, the Under Secretary shall consult with the heads of relevant executive departments and agencies.
Sec.Authority 4. . (a) All previously issued orders, regulations, rulings, certificates, directives, and other actions 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.
50 U.S.C. 4553(b) Nothing in this order shall affect the authorities assigned under Executive Order 13603 of (National Defense Resources Preparedness) [ note].
Sec.General Provisions 5. . (a) Nothing in this order shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable 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.