US Code

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

50 U.S.C. § 98h

National Defense Stockpile Transaction Fund

(a)

Establishment

There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the “fund”).

(b)

Fund operations

(1)
section 98e(a) of this title1
1 See References in Text note below.
All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of   shall be covered into the fund.
(2)
section 98d(a)(1) of this title Subject to , moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes:
(A)
section 98e(a) of this title The acquisition, maintenance, and disposal of strategic and critical materials under .
(B)
Transportation, storage, and other incidental expenses related to such acquisition, maintenance, and disposal.
(C)
Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading).
(D)
Encouraging the appropriate conservation of strategic and critical materials.
(E)
Testing and quality studies of stockpile materials.
(F)
Studying future material and mobilization requirements for the stockpile.
(G)
section 98h–6 of this title Activities authorized under .
(H)
Contracting under competitive procedures for materials development and research to—
(i)
improve the quality and availability of materials stockpiled from time to time in the stockpile; and
(ii)
develop new materials for the stockpile.
(I)
Improvement or rehabilitation of facilities, structures, and infrastructure needed to maintain the integrity of stockpile materials.
(J)
Disposal of hazardous materials that are stored in the stockpile and authorized for disposal by law.
(K)
Performance of environmental remediation, restoration, waste management, or compliance activities at locations of the stockpile that are required under a Federal law or are undertaken by the Government under an administrative decision or negotiated agreement.
(L)
Pay of employees of the National Defense Stockpile program.
(M)
Other expenses of the National Defense Stockpile program.
(3)
Moneys in the fund shall remain available until expended.
(c)

Moneys received from sale of materials being rotated or disposed of

section 98e(a)(4) of this titlesection 98f(a) of this titleAll moneys received from the sale of materials being rotated under the provisions of or disposed of under shall be covered into the fund and shall be available only for the acquisition of replacement materials.

(d)

Effect of bartering

If, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall—
(1)
be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year;
(2)
be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and
(3)
not increase or decrease the balance in the fund.

June 7, 1939, ch. 190, § 9Pub. L. 96–41, § 2(a)93 Stat. 323Pub. L. 97–35, title II, § 203(d)95 Stat. 382Pub. L. 99–661, div. C, title II, § 3203(a)100 Stat. 4067Pub. L. 100–180, div. C, title II, § 3204101 Stat. 1247Pub. L. 101–189, div. C, title XXXIII, § 3312(b)103 Stat. 1688Pub. L. 101–510, div. C, title XXXIII, § 3301(c)104 Stat. 1845Pub. L. 102–190, div. C, title XXXIII, § 3311(a)105 Stat. 1584Pub. L. 102–484, div. C, title XXXIII, § 3313106 Stat. 2653Pub. L. 103–160, div. C, title XXXIII, § 3313107 Stat. 1962Pub. L. 105–261, div. C, title XXXIII, § 3304112 Stat. 2264Pub. L. 113–66, div. A, title XIV, § 1411(b)127 Stat. 934(, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 98e(a) of this titlesection 98e(a) of this titlePub. L. 113–66, div. A, title XIV, § 1411(a)127 Stat. 934Paragraphs (5) and (6) of , referred to in subsec. (b)(1), were redesignated as paragraphs (6) and (7) of by , , .

Prior Provisions

act June 7, 1939, ch. 190, § 9July 23, 1946, ch. 59060 Stat. 600section 2(a) of Pub. L. 96–41section 98h(b)(1) of this titleA prior section 98h, , as added , , related to disposition of receipts, prior to repeal by . See .

Amendments

Pub. L. 113–662013—Subsec. (b)(2)(D) to (M). added subpar. (D) and redesignated former subpars. (D) to (L) as (E) to (M), respectively.

Pub. L. 105–2611998—Subsec. (b)(2)(J) to (L). added subpar. (J) and redesignated former subpars. (J) and (K) as (K) and (L), respectively.

Pub. L. 103–160, § 3313(a)1993—Subsec. (b)(2)(J), (K). , added subpars. (J) and (K).

Pub. L. 103–160, § 3313(b)Subsec. (b)(4). , struck out par. (4) which read as follows: “Notwithstanding paragraph (2), moneys in the fund may not be used to pay salaries and expenses of stockpile employees.”

Pub. L. 102–484, § 3313(a)(1)1992—Subsec. (b)(2)(A). , inserted “, maintenance, and disposal” after “acquisition” and substituted “section 98e(a)” for “section 98e(a)(1)”.

Pub. L. 102–484, § 3313(a)(2)Subsec. (b)(2)(B). , substituted “such acquisition, maintenance, and disposal” for “such acquisition”.

Pub. L. 102–484, § 3313(b)Subsec. (b)(2)(H), (I). , added subpars. (H) and (I).

Pub. L. 102–484, § 3313(c)Subsec. (b)(4). , added par. (4).

Pub. L. 102–1901991—Subsec. (b)(2)(G). added subpar. (G).

Pub. L. 101–5101990—Subsec. (d). added subsec. (d).

Pub. L. 101–1891989—Subsec. (b)(2)(F). added subpar. (F).

Pub. L. 100–1801987—Subsec. (b)(2)(F). struck out subpar. (F) which related to other reasonable requirements for management of stockpile.

Pub. L. 99–661, § 3203(a)(1)1986—Subsec. (b)(1). , struck out “Such moneys shall remain in the fund until appropriated.” after “covered into the fund.”

Pub. L. 99–661, § 3203(a)(2)Subsec. (b)(2), (3). , added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows:

section 98e(a)(1) of this title“(2) Moneys covered into the fund under paragraph (1) shall be available, when appropriated therefor, only for the acquisition of strategic and critical materials under (and for transportation related to such acquisition).

“(3) Moneys in the fund, when appropriated, shall remain available until expended, unless otherwise provided in appropriation Acts.”

Pub. L. 97–351981—Subsec. (b). in par. (1) struck out provisions relating to moneys remaining in the fund at the end of the third fiscal year following the fiscal year in which received, and in par. (3) substituted provisions respecting funds remaining available until expended, for provisions relating to funds remaining available for a period of five fiscal years.

Statutory Notes and Related Subsidiaries

Use of Funds From National Defense Stockpile Transaction Fund To Meet National Defense Stockpile Goals and Specifications in Effect on

Pub. L. 100–440, title V, § 518102 Stat. 1748, , , directed that, no later than , Administrator of General Services, or any Federal officer assuming Administrator’s responsibilities with respect to management of the stockpile, to use all funds authorized and appropriated before , from National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on . Similar provisions were contained in the following prior appropriation acts:

Pub. L. 100–202, § 101(m) [title V, § 519]101 Stat. 1329–390, , , 1329–417.

Pub. L. 99–500, § 101(m) [title V, § 520]100 Stat. 1783–308Pub. L. 99–591, § 101(m) [title V, § 520]100 Stat. 3341–308, , , 1783–326, and , , , 3341–326.

Deposit of Funds Accruing From Naval Petroleum Reserves

Pub. L. 98–525, title IX, § 90598 Stat. 2574Pub. L. 99–145, title XVI, § 1611(a)99 Stat. 776, , , as amended by , , , authorized the deposit into the National Defense Stockpile Transaction Fund, established under this section, of 30 percent of all money accruing to the United States during fiscal years 1985 and 1986 from lands in the naval petroleum and oil shale reserves.