US Code

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

50 U.S.C. § 98d

Authority for stockpile operations

(a)

Funds appropriated for acquisitions; proposed stockpile transactions; significant changes therein

(1)
1
1 So in original. Probably should be “subsection”.
section 98e(a) of this title Except for acquisitions made under the authority of paragraph (3) of this section  or under the authority of paragraph (3) or (4) of , no funds may be obligated or appropriated for acquisition of any material under this subchapter unless funds for such acquisition have been authorized by law. Funds appropriated for any acquisition of materials under this subchapter (and for transportation and other incidental expenses related to such acquisition) shall remain available until expended, unless otherwise provided in appropriation Acts.
(2)
section 98h–2(b)(2) of this title If for any fiscal year the President proposes (or Congress requires) a significant change in any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the National Defense Stockpile Manager submits the report under containing such plan, or a significant transaction not included in such plan, no amount may be obligated or expended for such transaction during such year until the President has submitted a full statement of the proposed transaction to the appropriate committees of Congress and a period of 30 days has passed from the date of the receipt of such statement by such committees.
(3)
section 98b(a) of this title Using funds appropriated for acquisition of materials under this subchapter, the National Defense Stockpile Manager may acquire materials determined to be strategic and critical under without regard to the requirement of the first sentence of paragraph (1) if the Stockpile Manager determines there is a shortfall of such materials in the stockpile.
(b)

Disposal

(1)
section 98e(a) of this titlesection 98f(a) of this titlesection 101(a) of title 10section 98h–2(b)(1)(G) of this title Except for disposals made under the authority of paragraph (3), (4), or (6) of or under , no disposal may be made from the stockpile unless such disposal, including the quantity of the material to be disposed of, was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in ) under .
(2)
section 101(a) of title 10 Not later than 15 days after making a disposal under paragraph (1), the National Defense Stockpile Manager shall notify the congressional defense committees (as defined in ) of the disposal.
(c)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to provide for the transportation, processing, refining, storage, security, maintenance, rotation, and disposal of materials contained in or acquired for the stockpile. Funds appropriated for such purposes shall remain available until expended, unless otherwise provided in appropriations Acts.

June 7, 1939, ch. 190, § 5Pub. L. 96–41, § 2(a)93 Stat. 321Pub. L. 97–35, title II, § 203(a)95 Stat. 381Pub. L. 98–525, title IX, § 90398 Stat. 2573Pub. L. 99–661, div. C, title II, § 3207(a)(2)100 Stat. 4069Pub. L. 100–180, div. C, title II, § 3206(a)101 Stat. 1247Pub. L. 102–484, div. C, title XXXIII, § 3312106 Stat. 2653Pub. L. 103–160, div. C, title XXXIII, § 3312107 Stat. 1962Pub. L. 117–263, div. A, title XIV136 Stat. 2871Pub. L. 118–31, div. A, title XIV, § 1411(e)(2)(A)137 Stat. 527Pub. L. 119–60, div. A, title XIV, § 1411(b)(1)139 Stat. 1135(, as added , , ; amended , (b), , , 382; , , ; , , ; , , ; , , ; , , ; , §§ 1411(d)(1)(A), 1412(a), , , 2872; , , ; , (c), , .)

Editorial Notes

Prior Provisions

June 7, 1939, ch. 190, § 553 Stat. 812July 23, 1946, ch. 59060 Stat. 598section 2(a) of Pub. L. 96–41section 98f of this titleA prior section 98d, acts , ; , , related to release of stock pile materials, prior to repeal by . See .

Pub. L. 96–41Provisions similar to those in this section were contained in former sections 98b and 98g of this title prior to repeal by .

Amendments

Pub. L. 119–60, § 1411(c)2025—Subsec. (a)(2). , substituted “30 days” for “45 days”.

Pub. L. 119–60, § 1411(b)(1)section 101(a) of title 10section 98h–2(b)(1)(G) of this titleSubsec. (b). , designated existing provisions as par. (1), substituted “or (6)” for “or (5)” and “was included in the most recent annual materials plan submitted to the congressional defense committees (as defined in ) under ” for “has been specifically authorized by law”, and added par. (2).

Pub. L. 118–312023—Subsec. (a)(2). substituted “the National Defense Stockpile Manager” for “the Board”.

Pub. L. 117–263, § 1412(a)(1)(A)2022—Subsec. (a)(1). , inserted “under the authority of paragraph (3) of this section or” after “Except for acquisitions made” and substituted “appropriated for any acquisition of materials under this subchapter” for “appropriated for such acquisition”.

Pub. L. 117–263, § 1411(d)(1)(A)section 98h–2(b) of this titlesection 98h–2(b)(2) of this titleSubsec. (a)(2). , struck out “certain stockpile transactions in the annual materials plan submitted to Congress for that year under and after that plan is submitted the President proposes” after “the President proposes” and substituted “any stockpile transactions proposed in the Annual Materials and Operations Plan for such fiscal year after the Board submits the report under containing such plan” for “any such transaction”.

Pub. L. 117–263, § 1412(a)(1)(B)Subsec. (a)(3). , added par. (3).

Pub. L. 117–263, § 1412(a)(2)Subsec. (c). , substituted “until expended, unless otherwise provided in appropriations Acts” for “to carry out the purposes for which appropriated for a period of two fiscal years, if so provided in appropriation Acts”.

Pub. L. 103–1601993—Subsec. (a)(2). substituted “and a period of 45 days has passed from the date of the receipt of such statement by such committees.” for “and a period of 30 days has passed from the date of the receipt of such statement by such committees. In computing any 30-day period for the purpose of the preceding sentence, there shall be excluded any day on which either House of Congress is not in session because of an adjournment of more than three days to a day certain.”

Pub. L. 102–4841992—Subsec. (b). struck out “(1)” after “the stockpile” and “, or (2) if the disposal would result in there being an unobligated balance in the National Defense Stockpile Transaction Fund in excess of $100,000,000” after “authorized by law”.

Pub. L. 100–1801987—Subsec. (a)(2). struck out “or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction” before period at end of first sentence.

Pub. L. 99–6611986—Subsec. (b). substituted “paragraph (3), (4), or (5)” for “paragraph (4) or (5)”.

Pub. L. 98–525, § 903(b)1984—Subsec. (b)(2). , substituted “$100,000,000” for “$250,000,000”.

Pub. L. 98–525, § 903(a), substituted “an unobligated balance” for “a balance” where first appearing and “$250,000,000” for “$1,000,000,000 or, in the case of a disposal to be made after , if the disposal would result in there being a balance in the fund in excess of $500,000,000”.

Pub. L. 97–35, § 203(a)1981—Subsec. (a). , designated existing provisions as par. (1), inserted applicability to other incidental expenses, substituted “until expended, unless otherwise” for “for a period of five fiscal years, if so”, and added par. (2).

Pub. L. 97–35, § 203(b)Subsec. (b). , inserted designation for cl. (1) and added cl. (2).

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–525, title IX, § 903(b)98 Stat. 2573Pub. L. 99–145, title XVI, § 1611(b)99 Stat. 776section 903(b) of Pub. L. 98–525, , , as amended by , , , provided in part that the amendment by , is effective .

Effective Date of 1981 Amendment

Pub. L. 97–35, title II, § 203(f)95 Stat. 382

“The amendments made by subsection (a) [amending this section] shall apply with respect to funds appropriated for fiscal years beginning after .”
, , , provided that:

Department of Defense Readiness To Support Prolonged Conflict

Pub. L. 117–263, div. A, title XIV, § 1415136 Stat. 2873

“(a)

Studies Required.—

“(1)

In general .—

50 U.S.C. 98h–5(a)For each report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act (), the National Defense Stockpile Manager shall—
“(A)
conduct a study on the strategic materials required by the Department of Defense to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy; and
“(B)
not later than , submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on such study in a classified form with an unclassified summary.
“(2)

Energy storage and electronic components.—

“(A)

In general .—

The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study of the energy storage and electronic components necessary to sustain combat operations for not less than one year against the pacing threat identified in the National Defense Strategy.
“(B)

Report.—

“(i)

In general .—

Not later than , the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report on the study required under subparagraph (A).
“(ii)

Form .—

The report required by clause (i) shall be submitted in an unclassified form but may contain a classified annex.
“(iii)

Elements .—

The report required by clause (i) shall include the following:
     “(I)
A description of the specific number and type of energy storage and electronic components that the Department of Defense requires for the manufacture of munitions, combat support items, and weapon systems to sustain combat operations.
     “(II)
A description of the specific number and type of energy storage and electronic components that the Department of Defense requires to replenish or replace munitions, combat support items, and weapon systems that are lost or expended during the execution and sustainment of the relevant operational plan.
     “(III)
A description of supply chain vulnerabilities during the sustainment and execution period, such as sole sources of supply, war damage, and shipping interdiction.
     “(IV)
A description of supply chain vulnerabilities prior to the sustainment and execution period and the replenishment and replacement period, such as reliance on sole sources of supply, geographic proximity to strategic competitors, and diminishing manufacturing sources.
     “(V)
An identification of alternative sources of supply for energy and electronics components that are domestic or are from allies or partners of the United States.
     “(VI)
An assessment of the technical and economic feasibility of the preparedness and response programs of the Department of Defense, such as the National Defense Stockpile, the Warstopper program, war reserves and pre-positioned stocks, contract options, or other methods to mitigate postulated shortfalls to Department of Defense requirements.
     “(VII)
Any other such elements deemed appropriate by the Under Secretary of Defense for Acquisition and Sustainment.
“(C)

Energy storage and electronic component defined .—

In this paragraph, the term ‘energy storage and electronic component’ includes—
“(i)
an item that operates by controlling the flow of electrons or other electrically charged particles in circuits, using interconnections of electrical devices such as resistors, inductors, capacitors, diodes, switches, transistors, or integrated circuits; and
“(ii)
battery cells, battery modules, battery packs, and other related components related to batteries.
“(b)

Acquisition Priority .—

50 U.S.C. 98dConsistent with the authority in section 5 of the Strategic and Critical Materials Stock Piling Act () and subject to the availability of appropriations, the National Defense Stockpile Manager shall acquire the highest priority strategic and critical materials identified in the report submitted under subsection (a)(1).
“(c)

Strategic and Critical Materials Defined .—

50 U.S.C. 98h–3In this section, the term ‘strategic and critical materials’ has the meaning given such term in section 12 of the Strategic and Critical Materials Stock Piling Act ().”
, , , provided that:

Prohibition of Reductions in Stockpile Goals

Pub. L. 99–145, title XVI, § 161299 Stat. 776Pub. L. 99–661, div. C, title II, § 3201100 Stat. 4067, , , as amended by , , , prohibited action before , to implement or administer any change in a stockpile goal in effect on , that would result in a reduction in the quality or quantity of any strategic and critical material acquired for the National Defense Stockpile.

Materials in the National Defense Stockpile

Provisions relating to certain materials in the National Defense Stockpile were contained in the following acts:

Pub. L. 118–31, div. A, title XIV, § 1412137 Stat. 528, , .

Pub. L. 116–92, div. A, title VIII, § 850133 Stat. 1509, , .

Pub. L. 115–91, div. A, title XIV, § 1414131 Stat. 1708, , .

Pub. L. 114–328, div. A, title XIV, § 1411130 Stat. 2569, , .

Pub. L. 113–66, div. A, title XIV, § 1412127 Stat. 934, , .

Pub. L. 110–181, div. A, title XIV122 Stat. 418, §§ 1413, 1414, , , 419.

Pub. L. 109–163, div. C, title XXXIII119 Stat. 3546, §§ 3303, 3304, , .

Pub. L. 108–375, div. C, title XXXIII, § 3303118 Stat. 2193, , .

Pub. L. 107–107, div. C, title XXXIII115 Stat. 1388, §§ 3301, 3303, 3306(a), , , 1389, 1391.

Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3303]114 Stat. 1654, , , 1654A–483.

Pub. L. 106–65, div. C, title XXXIV, § 3402(a)113 Stat. 972Pub. L. 108–136, div. C, title XXXIII, § 3302117 Stat. 1788Pub. L. 109–163, div. C, title XXXIII, § 3302(b)119 Stat. 3546Pub. L. 110–181, div. A, title XIV, § 1412(a)122 Stat. 418Pub. L. 111–383, div. A, title XIV, § 1412124 Stat. 4412Pub. L. 112–81, div. A, title XIV, § 1412125 Stat. 1654–(e), , , 973; , , ; , , ; , , ; , , ; , , .

Pub. L. 106–31, title I, § 303113 Stat. 67, , .

Pub. L. 105–262, title VIII, § 8109112 Stat. 2322, , .

Pub. L. 105–261, div. C, title XXXIII112 Stat. 2262Pub. L. 106–65, div. C, title XXXIV, § 3403(a)113 Stat. 973Pub. L. 106–398, § 1 [div. C, title XXXIII, § 3302]114 Stat. 1654Pub. L. 107–107, div. C, title XXXIII, § 3304(a)115 Stat. 1390Pub. L. 108–375, div. C, title XXXIII, § 3302118 Stat. 2193Pub. L. 109–163, div. C, title XXXIII, § 3302(a)119 Stat. 3545Pub. L. 109–364, div. C, title XXXIII, § 3302(a)120 Stat. 2513Pub. L. 110–181, div. A, title XIV, § 1412(b)122 Stat. 418Pub. L. 110–417122 Stat. 4648, §§ 3301, 3303, , , 2263; , , ; , , , 1654A–483; , , ; , , ; , , ; , , ; , , ; , [div. A], title XIV, § 1412(a), , .

Pub. L. 105–85, div. A, title XXXIII111 Stat. 2056Pub. L. 106–65, div. C, title XXXIV113 Stat. 973Pub. L. 107–107, div. C, title XXXIII115 Stat. 1390Pub. L. 109–364, div. C, title XXXIII, § 3302(b)120 Stat. 2513Pub. L. 110–417122 Stat. 4648Pub. L. 111–84, div. A, title XIV, § 1412123 Stat. 2562, §§ 3301, 3303–3305, , , 2057; , §§ 3402(f)(2), 3403(b), , ; , §§ 3304(b), 3305, , ; , , ; , [div. A], title XIV, § 1412(b), , ; , , .

Pub. L. 104–201, div. C, title XXXIII110 Stat. 2854Pub. L. 106–65, div. C, title XXXIV113 Stat. 973Pub. L. 107–107, div. C, title XXXIII, § 3304(c)115 Stat. 1390Pub. L. 109–364, div. C, title XXXIII, § 3302(c)120 Stat. 2513, §§ 3301, 3303, , , 2855; , §§ 3402(f)(1), 3403(c), , , 974; , , ; , , .

Pub. L. 103–337, div. C, title XXXIII, § 3304108 Stat. 3098, , .

Pub. L. 103–160, div. C, title XXXIII107 Stat. 1960, §§ 3301, 3303(a), , , 1961.

Pub. L. 102–484, div. C, title XXXIII106 Stat. 2649–2651Pub. L. 103–160, div. C, title XXXIII, § 3303(b)107 Stat. 1961Pub. L. 103–337, div. A, title X, § 1070(c)(3)108 Stat. 2858, §§ 3301–3303, , ; , , ; , div. C, title XXXIII, § 3303, , , 3098.

Pub. L. 102–190, div. C, title XXXIII, § 3301105 Stat. 1583Pub. L. 102–484, div. C, title XXXIII, § 3308106 Stat. 2653, , ; , , .

Pub. L. 102–172, title VIII, § 8094105 Stat. 1196, , .

Pub. L. 101–189, div. C, title XXXIII103 Stat. 1685, §§ 3301, 3302, , .

Pub. L. 100–456, div. A, title XV, § 1501102 Stat. 2085, , .

Pub. L. 99–661, div. C, title II100 Stat. 4068, §§ 3204, 3205, , .

Pub. L. 99–591, § 101(c) [title IX, § 9110]100 Stat. 3341–82, (m) [title V, § 519], , , 3341–120, 3341–308, 3341–326.

Pub. L. 99–500, § 101(c) [title IX, § 9110]100 Stat. 1783–82, (m) [title V, § 519], , , 1783–120, 1783–308, 1783–326.

Pub. L. 98–525, title IX98 Stat. 2573, §§ 901, 902, , .

Pub. L. 97–377, title I, § 101(c) [title VII, § 799B]96 Stat. 1866, , .

Pub. L. 97–114, title VII, § 78895 Stat. 1592, , .

Pub. L. 97–35, title II, § 20195 Stat. 380, , .

Authorization of Appropriations

Pub. L. 97–35, title II, § 20295 Stat. 381

“(a)
50 U.S.C. 98e(a) Effective on , there is authorized to be appropriated the sum of $535,000,000 for the acquisition of strategic and critical materials under section 6(a) of the Strategic and Critical Materials Stock Piling Act ().
“(b)
50 U.S.C. 98 Any acquisition using funds appropriated under the authorization of subsection (a) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act ( et seq.).”
, , , provided that:

Disposal of Government-Owned Tin Smelter at Texas City, Texas

Act June 22, 1956, ch. 42670 Stat. 329, , directed Federal Facilities Corporation immediately to sell or lease Government-owned tin smelter at Texas City, Texas, and waste acid plant and other assets of Government’s tin program, prescribed corporate powers of Corporation in regard to sale or lease, established a Tin Advisory Committee to consult with Corporation, established periods for receipt and negotiation of purchase proposals, and provided that if no contract for sale or lease was effected prior to , then smelter and other assets be reported as excess property for transfer and disposal in accordance with provisions of Federal Property and Administrative Services Act of 1949.

Maintenance of Domestic Tin-Smelting Industry; Transfer of Functions, Etc.

Act June 28, 1947, ch. 15961 Stat. 190June 29, 1948, ch. 72262 Stat. 1101June 30, 1949, ch. 28463 Stat. 350Aug. 21, 1950, ch. 76664 Stat. 468July 30, 1953, ch. 28267 Stat. 230June 22, 1956, ch. 426, § 5(a)70 Stat. 329, , as amended , ; , ; , ; , title I, § 103, ; , , declared tin to be a highly strategic and critical material in short supply, directed that it was in the public interest that Congress make a thorough investigation on the advisability of the maintenance of a permanent tin-smelting industry and study the availability of adequate tin supplies, provided that the powers, functions, duties, and authority of the United States exercised by the Reconstruction Finance Corporation to buy, sell, and transport tin, and tin ore and concentrates, to improve, develop, maintain, and operate by lease or otherwise the Government-owned tin smelter at Texas City, Texas, to finance research in tin smelting and processing, and to do all other things necessary to the accomplishment of the foregoing continue in effect until , or until such earlier time as the Congress shall otherwise provide, and be exercised and performed by such officer, agency, or instrumentality of the United States as the President may designate, authorized diversification of tin-recovery facilities in the United States, and required the Reconstruction Finance Corporation to report to Congress on its activities not later than , and at the end of each six months thereafter.

Disposal of Government-Owned Tin Smelter at Texas City, Texas; Cancellation of Obligations

section 4(b) of Pub. L. 87–19075 Stat. 418Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of act , set out as a note above, see , , , formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.

Executive Documents

Delegation of Functions

section 98 of this titleFunctions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, , 53 F.R. 6114, set out under .

Federal Facilities Corporation; Abolition and Dissolution of Reconstruction Finance Corporation and Federal Facilities Corporation

act Jan. 22, 1932, ch. 847 Stat. 571 Stat. 647Pub. L. 87–190, § 675 Stat. 419Ex. Ord. No. 10539, eff. , 19 F.R. 3827, designated the Federal Facilities Corporation to perform and exercise the functions formerly performed and exercised by the Reconstruction Finance Corporation under act , set out as a note above. The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, , , was subsequently abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. , 22 F.R. 4633, , set out in the Appendix to Title 5, Government Organization and Employees. The Federal Facilities Corporation was, in turn, dissolved by , , , effective , formerly set out as a note under sections 1921 to 1929 of the former Appendix to this title.