US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 98c

Materials constituting the National Defense Stockpile

(a)

Contents

The stockpile consists of the following materials:
(1)
Materials acquired under this subchapter and contained in the national stockpile on .
(2)
Materials acquired under this subchapter after .
(3)
section 1704(b) of title 7 Materials in the supplemental stockpile established by (as in effect from , through ) on .
(4)
section 4533 of this title Materials acquired by the United States under the provisions of and transferred to the stockpile by the President pursuant to subsection (f) of such section.
(5)
section 2423 of title 22 Materials transferred to the United States under 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)
section 714b(h) of title 15 Materials acquired by the Commodity Credit Corporation and transferred to the stockpile under .
(7)
section 1743(a) of title 7 Materials acquired by the Commodity Credit Corporation under paragraph (2) of , and transferred to the stockpile under the third sentence of such section.
(8)
section 1743(a) of title 7 Materials transferred to the stockpile by the President under paragraph (4) of .
(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 responsibilities, and (3) is suitable for transfer or disposal through the stockpile shall be transferred to the stockpile. Any such transfer shall be made without reimbursement to such department or agency, but all costs required to effect such transfer shall be paid or reimbursed from funds appropriated 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, § 4Pub. L. 96–41, § 2(a)93 Stat. 320Pub. L. 99–661, div. C, title II, § 3207(a)(1)100 Stat. 4069Pub. L. 104–106, div. C, title XXXIII, § 3311110 Stat. 630Pub. L. 110–246, title III, § 3001(b)(1)(A)122 Stat. 1820Pub. L. 114–328, div. A, title XIV, § 1412(a)130 Stat. 2570(, as added , , ; amended , , ; , , ; , (2)(Z), , , 1821; , , .)

Editorial Notes

References in Text

Section 1704(b) of title 7Pub. L. 101–624, title XV, § 1512104 Stat. 3635, referred to in subsec. (a)(3), was amended generally by , , , and, as so amended, no longer contains provisions relating to a supplemental stockpile.

Prior Provisions

June 7, 1939, ch. 190, § 453 Stat. 811July 23, 1946, ch. 59060 Stat. 59867 Stat. 63472 Stat. 1799Pub. L. 90–608, § 40282 Stat. 1194Pub. L. 94–273, § 3790 Stat. 380section 2(a) of Pub. L. 96–41section 98h–2 of this titleA prior section 98c, acts , ; , ; 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; , , , required reports to Congress, prior to repeal by . See .

Amendments

Pub. L. 114–328, § 1412(a)(1)2016—Subsec. (b). , substituted “suitable for transfer or disposal through” for “required for”.

Pub. L. 114–328, § 1412(a)(2)Subsec. (c). , 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 consultation with the Secretary of Defense, shall transfer to the stockpile for disposal in accordance with this subchapter uncontaminated materials that are in the Department of Energy inventory of materials for the production of defense-related items, are excess to the requirements of the Department for that purpose, and are suitable for transfer to the stockpile and disposal through the stockpile.”

Pub. L. 110–246section 1704(b) of title 72008—Subsec. (a)(3). made technical amendment to reference in original act which appears in text as reference to .

Pub. L. 104–106, § 3311(b)1996—Subsec. (a)(10). , added par. (10).

Pub. L. 104–106, § 3311(a)Subsec. (c). , added subsec. (c).

Pub. L. 99–6611986— substituted “on ” for “on the day before the date of the date of enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979” in pars. (1) and (3), and “after ” 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

Pub. L. 110–246section 4(b) of Pub. L. 110–246section 8701 of Title 7Amendment by effective , see , set out as an Effective Date note under , Agriculture.

Clarification of Stockpile Status of Certain Materials

Pub. L. 102–484, div. C, title XXXIII, § 3315106 Stat. 2654Pub. L. 103–337, div. A, title X, § 1070(c)(4)108 Stat. 2858

50 U.S.C. 453350 U.S.C. 98a50 U.S.C. 98“All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) [now ] and held in the Defense Production Act inventory as of , 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 ( et seq.) [ et seq.].”
, , , as amended by , , , provided that: