Determination of materials; quantities
section 98c of this titleSubject to subsection (c), the President shall determine from time to time (1) which materials are strategic and critical materials for the purposes 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, together with the other materials described in , shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the “stockpile”).
Guidelines for exercise of Presidential authority
section 98a(c) of this titleThe President shall make the determinations required to be made under subsection (a) on the basis of the principles stated in .
Quantity change; notification to Congress
June 7, 1939, ch. 190, § 3Pub. L. 96–41, § 2(a)93 Stat. 319Pub. L. 100–180, div. C, title II, § 3202(a)101 Stat. 1245Pub. L. 100–456, div. A, title XII, § 1233(b)(2)102 Stat. 2057Pub. L. 102–484, div. C, title XXXIII, § 3311106 Stat. 2653Pub. L. 104–201, div. C, title XXXIII, § 3312(a)110 Stat. 2857Pub. L. 117–263, div. A, title XIV, § 1412(b)136 Stat. 2872(, as added , , ; amended , , ; , , ; , , ; , , ; , , .)
Editorial Notes
Prior Provisions
June 7, 1939, ch. 190, § 353 Stat. 811July 23, 1946, ch. 59060 Stat. 597Aug. 2, 1946, ch. 75360 Stat. 815June 30, 1949, ch. 28863 Stat. 38067 Stat. 63472 Stat. 1799Pub. L. 90–608, § 40282 Stat. 1194section 2(a) of Pub. L. 96–41section 98e of this titleA prior section 98b, acts , ; , ; , title I, §§ 102, 121, , 822; , title I, § 102(a), ; 1953 Reorg. Plan No. 3, § 2(b), eff. , 18 F.R. 3375, ; 1958 Reorg. Plan No. 1, § 2, eff. , 23 F.R. 4991, ; , , ; Ex. Ord. No. 11725, § 3, eff. , 38 F.R. 17175, related to purchase, storage, refinement, rotation, and disposal of materials, prior to repeal by . See .
section 98a of this titlePub. L. 96–41Provisions similar to those in this section were contained in former prior to repeal by .
Amendments
Pub. L. 117–2632022—Subsec. (c)(2). , 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 stockpile.” for “The President shall notify Congress in writing 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 period” for “the change after the end of the 45-day period” and, in third sentence, substituted “increase” for “change”.
Pub. L. 104–2011996—Subsec. (c)(2). substituted “after the end of the 45-day period beginning on” for “effective 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 Congress are in session.”
Pub. L. 102–4841992—Subsec. (c)(2) to (5). added par. (2) and struck out former pars. (2) to (5) which read as follows:
section 98h–2(b) of this title“(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 justification for the change in the next annual material plan submitted to Congress under .
“(3) If the proposed change in the case of any material would result in a new requirement for the quantity of such material different from the requirement for that material in effect on , by less than 10 percent, the change may be made by the President 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 paragraph (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 quantity of any material to be stockpiled under this subchapter.”
Pub. L. 100–4561988—Subsec. (c)(1). substituted “” for “the date of the enactment of the National Defense Stockpile Amendments of 1987”, which for purposes of codification had been translated as “”, thus requiring no change in text.
Pub. L. 100–180, § 3202(a)(1)1987—Subsec. (a). , substituted “Subject to subsection (c), the” for “The”.
Pub. L. 100–180, § 3202(a)(2)section 98a(c) of this titleSubsec. (b). , substituted “the principles stated in .” for “the following principles:” and struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled.
Pub. L. 100–180, § 3202(a)(3)Subsec. (c). , added subsec. (c) and struck out former subsec. (c) which read as follows: “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 Representatives 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 Reviews of Projects That Will Increase Availability of Strategic and Critical Materials for Acquisition for National Defense Stockpile
Pub. L. 118–159, div. A, title XIV, § 1412138 Stat. 2128
In General .—
Definitions .—
Agency .—
Environmental document .—
Stockpile .—
Strategic and critical materials .—
Executive Documents
Delegation of Functions
section 98 of this titleFunctions of the President under this section were delegated to the Secretary of Defense by section 1 of Ex. Ord. No. 12636, , 53 F.R. 6114, set out under .