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CONVERSION OF CHROMIUM AND MANGANESE ORE TO

HIGH CARBON FERROCHROMIUM AND HIGH CARBON
FERROMANGANESE
Section 3205 of Pub. L. 99-661 provided that:

"(a) REQUIRED UPGRADING.-During each of fiscal years 1987 through 1993, the President shall

“(1) obtain bids from domestic producers of high carbon ferrochromium and of high carbon ferroman. ganese; and

(2) award contracts for the conversion of chromium and manganese ores held in the National Defense Stockpile into high carbon ferrochromium and high carbon ferromanganese, respectively.

“(b) QUANTITIES TO BE UPGRADED.-(1) Contracts awarded under subsection (a) shall provide for the addition of not less than 53,500 short tons of high carbon ferrochromium and not less than 67,500 short tons of high carbon ferromanganese to the National Defense Stockpile during each of the fiscal years covered by subsection (a).

(2) If, during any fiscal year referred to in subsection (a), the minimum quantity of high carbon ferrochromium or high carbon ferromanganese to be added to the National Defense Stockpile, as required by paragraph (1), is not met, the quantity of such material to be added to the stockpile in the next fiscal year shall be increased by the quantity of the deficiency.

"(c) SEVEN-YEAR MINIMUM QUANTITIES.-The total quantities of high carbon ferrochromium and high carbon ferromanganese to be added to the National Defense Stockpile over the seven fiscal years referred to in subsection (a) shall be as follows:

"(1) High carbon ferrochromium, 374,000 short tons.

“(2) High carbon ferromanganese, 472,000 short tons.

"(d) DEFINITION.-In this section, the term 'National Defense Stockpile' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c)."

Similar provisions were contained in Pub. L. 99-500, $ 101(c) [title IX, § 9110), Oct. 18, 1986, 100 Stat. 1783-82, 1783-120, and Pub. L. 99-591, § 101(c) (title IX, § 9110], Oct. 30, 1986, 100 Stat. 3341-82, 3341-120.

“Material

Quantities

Graphite, natural, other than 873 short tons

Ceylon and Malagasy. Mercury...

15,000 flasks Mica, muscovite block, stained 10,000 pounds

and better. Silicon carbide........

690 short tons Talc, block and lump

28 short tons Tin.....

5,000 metric tons.

"(c) ADDITIONAL AUTHORITY.–The disposal authority provided in subsection (a) is in addition to any other disposal authority provided by law.

"(d) LIMITATION ON DISPOSALS DURING FISCAL YEARS 1990 AND 1991.-The National Defense Stockpile Manager may dispose of materials under this section during each of the fiscal years 1990 and 1991 only to the extent that the total amount received (or to be received) from such disposals for each such fiscal year does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for the purposes authorized under section 9(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2))."

AUTHORIZED DISPOSALS; FISCAL YEAR 1989 Pub. L. 100-456, div. A, title XV, $ 1501, Sept. 29, 1988, 102 Stat. 2085, provided that:

(a) AUTHORITY.-Notwithstanding section 5(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)) but subject to subsection (c), the President may during fiscal year 1989 dispose of materials in the National Defense Stockpile in accordance with this section. The value of the materials disposed of may not exceed $180,000,000 and may only be made as specified in subsection (b).

"(b) MATERIALS AUTHORIZED TO BE DISPOSED.-Any disposal pursuant to the authority in subsection (a) shall be made from materials in the National Defense Stockpile previously authorized for disposal by law and from the following materials in the National Defense Stockpile, such materials having been determined to be excess to stockpile requirements: "Material

Quantities Asbestos, chrysotile

2,100 short tons Asbestos, crocidolite

36 short tons Celestite

13,500 short dry tons Iodine

772,000 pounds Kyanite

1,200 short dry tons Manganese dioxide, battery 65,000 short dry tons

grade, natural ore Mercury

7,500 flasks Mica, muscovite block (S&L) 181,000 pounds Mica, muscovite splittings 750,000 pounds Mica, phlogopite splittings 589,000 pounds Quartz

1,249,000 pounds Silicon Carbide

44,000 short tons Talc, block and lump

990 short tons Talc, ground

1,100 short tons Thorium nitrate

6,520,000 pounds Tin

5,000 metric tons Tungsten ores and concen 1,000,000 pounds

trates Vegetable tannin chestnut 3,500 long tons Vegetable tannin quebracho 77,000 long tons.

"(c) DISPOSALS DURING FISCAL YEAR 1989.-The President may dispose of materials under this section during fiscal year 1989 only to the extent that the total amount received (or to be received) from such disposals does not exceed the amount expended from the National Defense Stockpile Transaction Fund during fiscal year 1989 for purposes authorized under section 9(b)(2) of such Act (section 98h(b)(2) of this title]."

STORAGE, MAINTENANCE, PROTECTION AND DISPOSAL OF

SILVER IN NATIONAL DEFENSE STOCKPILE AFTER SEPTEMBER 30, 1987; USE OF PROCEEDS

Pub. L. 99-500, $ 101(m) [title V, § 519), Oct. 18, 1986, 100 Stat. 1783-308, 1783-326, and Pub. L. 99-591, $ 101(m) [title V, $ 519), Oct. 30, 1986, 100 Stat. 3341-308, 3341-326, provided that: "Effective September 30, 1987, none of the funds made available by this Act or any other Act with respect to fiscal year 1987 and any other fiscal year may be used to store, to maintain or to protect more than 128,000,000 troy ounces of silver deposited in the National Defense Stockpile. The Administrator of General Services, or any Federal officer assuming the Administrator's responsibilities with respect to management of the stockpile, shall use all proceeds generated from the disposal of silver to purchase, no later than October 1, 1988, stockpile materials to meet National Defense Stockpile goals and specifications in effect on October 1, 1984."

PROHIBITION OF REDUCTIONS IN STOCKPILE GOALS Pub. L. 99-145, title XVI, § 1612, Nov. 8, 1985, 99 Stat. 776, as amended by Pub. L. 99-661, div. C, title II, $ 3201, Nov. 14, 1986, 100 Stat. 4067, prohibited action before Oct. 1, 1987, to implement or administer any change in a stockpile goal in effect on Oct. 1, 1984, that would result in a reduction in the quality or quantity of any strategic and critical material acquired for the National Defense Stockpile.

DISPOSAL AUTHORIZATION Section 3204 of Pub. L. 99-661 provided that:

"(a) IN GENERAL.-(1) The President is authorized to dispose of the following quantities of materials that are currently held in the National Defense Stockpile (established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b)) and that are hereby determined to be excess to the current requirements of the stockpile:

“Antimony.

1,500 short tons Diamonds, Industrial Stone.

1,125,000 carats Iodine

800,000 pounds Mercury.

3,700 flasks Mica, Muscovite Film 3,000 pounds Mica, Muscovite Splittings .. 262,000 pounds Silicon Carbide

7,600 short tons Silver (Coinage Program Only).

3,000,000 troy ounces Tannin, Chestnut.

1,000 long tons Tannin, Quebracho.............. 4,000 long tons Thorium Nitrate.

10,000 pounds Tin......

4,000 metric tons Tungsten..

1,900,000 pounds of

tungsten metal equiv

alent

“(2) Authority provided by paragraph (1) is in addition to any other authority provided by law to dispose of materials from the National Defense Stockpile.

"(b) SPECIAL DISPOSAL AUTHORITY.-During fiscal year 1987, the President may contract to carry out authorized disposals of materials from the National Defense Stockpile without regard to the limitation in section 5(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)(2)], but only to the extent that the total amount received (or to be received) from such disposals does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for purposes authorized under section 9(b)(2) of such Act (as amended by section 3203) (50 U.S.C. 98h(b)(2))."

Pub. L. 98-525, title IX, $$ 901, 902, Oct. 19, 1984, 98 Stat. 2573, provided that:

"Sec. 901. (a) Any authority provided by law before the date of the enactment of this Act (Oct. 19, 1984) to enter into contracts for the disposal of materials in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (hereinafter in this title referred to as "the Act") (50 U.S.C. 98b) shall expire on September 30, 1984.

"SEC. 902. Effective on October 1, 1984, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile in accordance with the provisions of the Act (this chapter), such quantities having been determined to be excess to the current requirements of the stockpile:

“(1) 3,200 short tons of antimony.
"(2) 5,600 short tons of asbestos, chrysotile.
“(3) 7,500,000 carats of diamond stones.

"(4) 51,210 short dry tons of manganese dioxide battery aatural.

“(5) 292,000 short dry tons of metallurgical grade manganese.

“(6) 5,000 flasks of mercury.
(7) 500,000 pounds of mercuric oxide.

"(8) 1,000,000 pounds of mica, muscovite film first and second qualities.

“(9) 1,000,000 pounds of mica, muscovite splittings.
"(10) 50,000 pounds of mica, phlogopite splittings.
"(11) 167 short tons of mica block and lump.
"(12) 100,000 pounds of quartz crystals.
"(13) 10,000,000 troy ounces of silver.
(14) 125,000 pounds of talc, block and lump.
**(15) 50,000 pounds of thorium nitrate.
"(16) 20,000 long tons of tin.

"(17) 2,400,000 pounds of tungsten contained in ores.

“(18) 4,200 long tons of vegetable tannin, chestnut.

“(19) 20,000 long tons of vegetable tannin, quebracho.” Section 201 of Pub. L. 97-35 provided that:

(a) Effective on October 1, 1981, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b), such quantities having been determined to be excess to the current requirements of the stockpile:

“(1) 1,000,000 pounds of iodine.

"(2) 1,500,000 carats of diamonds, industrial crushing bort.

(3) 710,253 pounds of mercuric oxide.
"(4) 50,000 flasks of mercury.
“(5) 6,000,000 pounds of mica, muscovite splittings.
“(6) 25,000 pounds of mica, phlogopite splittings.
"(7) 46,537,000 troy ounces of silver.
“(8) 1,000 short tons of antimony.
“(9) 2,000 short tons of asbestos chrysotile.

(10) 50,000 pounds of mica muscovite film, first and second qualities.

(11) 50,000 pounds of mica muscovite block, stained and lower.

"(12) 700 long tons of vegetable tannin extract, wattle.

“(b) Effective on October 1, 1982, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile:

(1) 44,682,000 troy ounces of silver.
(2) 1,000 short tons of antimony.
"(3) 2,000 short tons of asbestos chrysotile.
(4) 1,500,000 carats of diamond stones.
(5) 1,000,000 pounds of iodine.

“(6) 50,000 pounds of mica muscovite film, first and second qualities.

(7) 50,000 pounds of mica muscovite block, stained and lower.

"(8) 697 long tons of vegetable tannin extract, wattle.

"(c) Effective on October 1, 1983, the President is authorized to dispose of the following quantities of materials currently held in the National Defense Stockpile, such quantities having been determined to be excess to the current requirements of the stockpile:

(1) 13,900,000 troy ounces of silver.
"(2) 1,000 short tons of antimony.
"(3) 6,000 short tons of asbestos amosite.
(4) 2,000 short tons of asbestos chrysotile.
“(5) 1,500,000 carats of diamond stones.

“(6) 197,465 carats of diamonds, industrial crushing bort.

"(7) 213,000 pounds of iodine.

“(8) 50,000 pounds of mica muscovite film, first and second qualities.

“(9) 50,000 pounds of mica muscovite block, stained and lower.

"(d)(1) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in paragraphs (7) through (12) of subsection (a) expires on September 30, 1982.

(2) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in subsection (b) expires on September 30, 1983.

"(3) The authority to enter into contracts for the disposal of materials in the stockpile under the disposal authorizations contained in subsection (c) expires on September 30, 1984.

"(e) Any disposal under the authority of subsection (a), (b), or (c) shall be carried out in accordance with the provisions of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.).

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT

TEXAS CITY, TEXAS Act June 22, 1956, ch. 426, 70 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 Advi. sory 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 Jan. 31, 1957, 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.

"(fX1) The authority contained in subsections (b)(1) and (c)(1) shall not become effective unless the President, not later than September 1, 1982, determines that the silver authorized for disposal by such subsections is excess to the requirements of the stockpile as of that date.

“(2) A determination by the President under paragraph (1) shall be based upon consideration of such factors as the President considers relevant, including the following factors:

“(A) The demand for silver in each of the next ten years for the industrial, military, and naval needs of the United States for national defense.

"(B) The domestic supply of silver for each of the next ten years, as a function of price, that would be available to meet the demand identified under subparagraph (A).

(C) The potential dependency of the United States on foreign supplies of silver in each of the next ten years to meet the demand identified under subparagraph (A).

“(D) The effect of disposal under subsections (b)(1) and (c)(1) on (i) the world silver market (in terms of price and supply), (ii) the domestic and international silver mining industry (in terms of exploration and production), (iii) international currency and monetary policy, and (iv) long range military preparedness.

"(3) If the President makes a determination described in paragraph (1), he shall promptly report to the Committees on Armed Services of the Senate and House of Representatives that he has made such determination and shall include a detailed discussion and analysis of the factors set forth in paragraph (2) and other relevant factors."

MAINTENANCE OF DOMESTIC TIN-SMELTING INDUSTRY; TM

TRANSFER OF FUNCTIONS, ETC. Act June 28, 1947, ch. 159, 61 Stat. 190, as amended June 29, 1948, ch. 722, 62 Stat. 1101; June 30, 1949, ch. 284, 63 Stat. 350; Aug. 21, 1950, ch. 766, 64 Stat. 468; July 30, 1953, ch. 282, title I, § 103, 67 Stat. 230; June 22, 1956, ch. 426, $ 5(a), 70 Stat. 329, 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 Jan. 31, 1957, 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 Fi. nance Corporation to report to Congress on its activi. ties not later than Dec. 31, 1947, and at the end of each six months thereafter.

AUTHORIZATION OF APPROPRIATIONS Section 202 of Pub. L. 97-35 provided that:

“(a) Effective on October 1, 1981, 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 (50 U.S.C. 98e(a)).

"(b) 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 (50 U.S.C. 98 et seq.)."

ANNUAL SALES OF SILVER FROM THE NATIONAL

DEFENSE STOCKPILE AFTER DECEMBER 21, 1982 Pub. L. 97-377, title I, § 101(c) (title VII, § 799B), Dec. 21, 1982, 96 Stat. 1866, provided that: "After the date of enactment of th Act (Dec. 21, 1982), annua sales of silver from the National Defense Stockpile under the authority of Public Law 97-35 (see Tables for classification), or any other Act, shall not exceed 10 per centum of the silver produced from existing domestic producing mines in the preceding 12 month period."

FEDERAL FACILITIES CORPORATION; ABOLITION AND DIS

SOLUTION OF RECONSTRUCTION FINANCE CORPORATION AND FEDERAL FACILITIES CORPORATION

Ex. Ord. No. 10539, eff. June 22, 1954, 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 June 28, 1947, set out as a note above. The Reconstruction Finance Corporation, which was created by the Reconstruction Finance Corporation Act, act Jan. 22, 1932, ch. 8, 47 Stat. 5, was subsequently abolished by section 6(a) of Reorg. Plan No. 1 of 1957, eff. June 30, 1957, 22 F.R. 4633, 71 Stat. 647, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Facilities Corporation was, in turn, dissolved by Pub. L. 87-190, $ 6, Aug. 30, 1961, 75 Stat. 419, effective Sept. 30, 1961, set out as a note under sections 1921 to 1929 of the Appendix to this title.

DISPOSAL OF SILVER FROM NATIONAL DEFENSE STOCK

PILE; CONGRESSIONAL APPROVAL OF RECOMMENDED METHOD OF DISPOSAL

Pub. L. 97-114, title VII, $ 788, Dec. 29, 1981, 95 Stat. 1592, provided that, after Dec. 29, 1981, no sale of silver from the National Defense Stockpile was to occur until the President, not later than July 1, 1982, redetermined that the silver authorized for disposal was excess to the requirements of the stockpile and reported such determination to Congress with discussion and analysis of the factors considered, including alternative methods of disposal for such silver, and the President's recommended method of disposal, and prohibited disposal of silver from the National Defense Stockpile prior to the approval by Congress of the recommended method of disposal.

DISPOSAL OF GOVERNMENT-OWNED TIN SMELTER AT TEXAS CITY, TEXAŞ; CANCELLATION OF OBLIGATIONS

Cancellation of obligation of General Services Administration to Federal Facilities Corporation existing by virtue of section 5(b) of act June 22, 1956, set out as a note above, see section 4(b) of Pub. L. 87-190, Aug. 30, 1961, 75 Stat. 418, set out as a note under sections 1921 to 1929 of the Appendix to this title.

SECTION REFERRED TO IN OTHER SECTIONS

nance the upgrading, refining, or processing of This section is referred to in sections 98, 98h, 98h-2, a material in the stockpile, or is otherwise au98h-6 of this title.

thorized by law) shall be available for transfer

at fair market value as payment for expenses 8 98e. Stockpile management

(including transportation and other incidental (a) Presidential powers

expenses) of acquisition of materials, or of upThe President shall

grading, refining, processing, or rotating mate(1) acquire the materials determined under

rials, under this subchapter. section 98b(a) of this title to be strategic and (3) Notwithstanding section 98b(c) of this critical materials;

title or any other provision of law, whenever (2) provide for the proper storage, security, the President provides under subsection (a)(3) and maintenance of materials in the stock

of this section for the upgrading, refining, or pile;

processing of a material in the stockpile to con(3) provide for the upgrading, refining, or vert that material into a form more suitable for processing of any material in the stockpile storage, subsequent disposition, and immediate (notwithstanding any intermediate stockpile use in a national emergency, the President may quantity established for such material) when barter a portion of the same material (or any necessary to convert such material into a other material in the stockpile that is authorform more suitable for storage, subsequent ized for disposal) to finance that upgrading, redisposition, and immediate use in a national fining, or processing. emergency;

(4) To the extent otherwise authorized by (4) provide for the rotation of any material

law, property owned by the United States may in the stockpile when necessary to prevent de

be bartered for materials needed for the stockterioration or technological obsolescence of

pile. such material by replacement of such material with an equivalent quantity of substantial- (d) Waiver; notification of proposed disposal of mately the same material or better material;

rials (5) subject to the notification required by

(1) The President may waive the applicability subsection (d)(2) of this section, provide for the timely disposal of materials in the stock

of any provision of the first sentence of subsec

tion (b) of this section to any acquisition of mapile that (A) are excess to stockpile requirements, and (B) may cause a loss to the Gov

terial for, or disposal of material from, the ernment if allowed to deteriorate; and

stockpile. Whenever the President waives any (6) subject to the provisions of section

such provision with respect to any such acquisi98d(b) of this title, dispose of materials in the

tion or disposal, or whenever the President destockpile the disposal of which is specifically

termines that the application of paragraph (1) authorized by law.

or (2) of such subsection to a particular acquisi

tion or disposal is not feasible, the President (b) Federal procurement practices

shall notify the Committees on Armed Services Except as provided in subsections (c) and (d) of the Senate and House of Representatives in of this section, acquisition of strategic and criti- writing of the proposed acquisition or disposal cal materials under this subchapter shall be at least thirty days before any obligation of the made in accordance with established Federal United States is incurred in connection with procurement practices, and, except as provided such acquisition or disposal and shall include in in subsections (c) and (d) of this section and in such notification the reasons for not complying section 98f(a) of this title, disposal of materials

with any provision of such subsection. from the stockpile shall be made by formal ad

(2) Materials in the stockpile may be disposed vertising or competitive negotiation procedures.

of under subsection (a)(5) of this section only if To the maximum extent feasible

the Committees on Armed Services of the (1) competitive procedures shall be used in

Senate and House of Representatives are notithe acquisition and disposal of such materials;

fied in writing of the proposed disposal at least and (2) efforts shall be made in the acquisition

thirty days before any obligation of the United and disposal of such materials to avoid undue

States is incurred in connection with such dis

posal. disruption of the usual markets of producers, processors, and consumers of such materials

(e) Leasehold interests in property and to protect the United States against avoidable loss.

The President may acquire leasehold inter(c) Barter; use of stockpile materials as payment for

ests in property, for periods not in excess of expenses of acquiring, refining, processing, or ro

twenty years, for storage, security, and maintetating materials

nance of materials in the stockpile. (1) The President shall encourage the use of (June 7, 1939, ch. 190, $ 6, as added July 30, barter in the acquisition under subsection (a)(1) 1979, Pub. L. 96-41, § 2(a), 93 Stat. 321; amendof this section of strategic and critical materials ed Aug. 13, 1981, Pub. L. 97-35, title II, § 203(c), for, and the disposal under subsection (a)(5) or 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. (a)(6) of this section of materials from, the C, title II, § 3207(b), 100 Stat. 4069; Nov. 29, stockpile when acquisition or disposal by barter 1989, Pub. L. 101-189, div. C, title XXXIII, is authorized by law and is practical and in the $ 3314, 103 Stat. 1688; Nov. 5, 1990, Pub. L. best interest of the United States.

101-510, div. C, title XXXIII, § 3301(a), (b), 104 (2) Materials in the stockpile (the disposition Stat. 1844; Dec. 5, 1991, Pub. L. 102-190, div. C, of which is authorized by paragraph (3) to fi- title XXXIII, § 3312, 105 Stat. 1584; Oct. 5,

1994, Pub. L. 103-337, div. C, title XXXIII, $ 3302, 108 Stat. 3098.)

PRIOR PROVISIONS A prior section 98e, acts June 7, 1939, ch. 190, $ 6, 53 Stat. 812; May 28, 1941, ch. 135, 55 Stat. 206; July 23, 1946, ch. 590, 60 Stat. 598; Ex. Ord. No. 9809, eff. Dec. 12, 1946, 11 F.R. 14281; Ex. Ord. No. 9841, eff. Apr. 23, 1947, 12 F.R. 2645; June 30, 1949, ch. 288, title I, § 105, 63 Stat. 381; 1953 Reorg. Plan No. 3, § 2(b), eff. June 12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, § 2, eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 90-608, $ 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175, related to transfer of surplus materials to stock piles, prior to repeal by section 2(a) of Pub. L. 96-41. See section 98c(b) of this title.

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

AMENDMENTS 1994–Subsec. (a)(4). Pub. L. 103-337 inserted “or technological obsolescence" after “deterioration".

1991–Subsec. (a)(4). Pub. L. 102-190 inserted before semicolon "or better material”.

1990-Subsec. (a)(3). Pub. L. 101-510, $ 3301(b)(1), substituted “upgrading, refining,” for “refining", inserted "(notwithstanding any intermediate stockpile quantity established for such material)" after “stock. pile", and substituted “storage, subsequent disposition, and immediate use in a national emergency" for "storage and subsequent disposition".

Subsec. (c)(1). Pub. L. 101-510, $ 3301(b)(2), inserted “under subsection (a)(1) of this section" after “the ac. quisition" and "under subsection (a)(5) or (a)(6) of this section" after “the disposal".

Subsec. (c)(2). Pub. L. 101-510, $ 3301(b)(3), substituted "(the disposition of which is authorized by paragraph (3) to finance the upgrading, refining, or processing of a material in the stockpile, or is otherwise authorized by law)” for “, the disposition of which is authorized by law," and "of upgrading, refining" for "of refining".

Subsec. (c)(3), (4), Pub. L. 101-510, $ 3301(a), added par. (3) and redesignated former par. (3) as (4).

1989–Subsec. (b). Pub. L. 101-189, $3314(1), inserted "and" at end of par. (1), substituted a period for "; and" at end of par. (2), and struck out par. (3) which read as follows: “disposal of such materials shall be made for domestic consumption."

Subsec. (d)(1). Pub. L. 101-189, $ 3314(2), substituted "paragraph (1) or (2)” for “paragraph (1), (2), or (3)”.

1986–Subsec. (a)(3). Pub. L. 99-661 substituted "a form more" for “the form most”.

1981-Subsec. (a)(6). Pub. L. 97-35 inserted reference to section 98d(b) of this title.

CHANGE OF NAME Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

DELEGATION OF FUNCTIONS Functions of President under this section delegated to Secretary of Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

ACQUISITION OF GERMANIUM FOR NATIONAL DEFENSE

STOCKPILE

Pub. L. 102-172, title VIII, § 8094, Nov. 26, 1991, 105 Stat. 1196, provided that: “Using funds available in the National Defense Stockpile Transaction Fund, during the period of fiscal years 1992 through 1994 and using procedures covered by section 3301 of the National Defense Authorization Act, 1991 (Public Law 101-510; 104

Stat. 1844-45) (amending this section and section 98h of this title), the President may acquire 50,000 kilograms of germanium to be held in the National Defense Stockpile.”

ACQUISITION OF DEPLETED URANIUM FOR NATIONAL

DEFENSE STOCKPILE Pub. L. 101-511, title VIII, § 8095, Nov. 5, 1990, 104 Stat. 1896, directed President, using funds available in National Defense Stockpile Transaction Fund, to acquire over a period of ten years from current domestic sources not less than thirty-six million pounds of depleted uranium to be held in National Defense Stockpile, prior to repeal by Pub. L. 102-172, title VIII, $ 8027A, Nov. 26, 1991, 105 Stat. 1177.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98, 98h, 98h-2 of this title.

8 98e-1. Transferred

CODIFICATION Section, act June 7, 1939, ch. 190, $ 6A, as added Nov. 14, 1986, Pub. L. 99-661, div. C, title II, § 3202(a), 100 Stat. 4067; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, § 3203(a), 101 Stat. 1246, which related to National Defense Stockpile Manager, was transferred to section 98h-7 of this title.

8 98f. Special Presidential disposal authority

(a) Materials in the stockpile may be released for use, sale, or other disposition

(1) on the order of the President, at any time the President determines the release of such materials is required for purposes of the national defense; and

(2) in time of war declared by the Congress or during a national emergency, on the order of any officer or employee of the United States designated by the President to have authority to issue disposal orders under this subsection, if such officer or employee determines that the release of such materials is required for purposes of the national defense.

(b) Any order issued under subsection (a) of this section shall be promptly reported by the President, or by the officer or employee issuing such order, in writing, to the Committees on Armed Services of the Senate and House of Representatives. (June 7, 1939, ch. 190, 87, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 322.)

PRIOR PROVISIONS A prior section 98f, acts June 7, 1939, ch. 190, $ 7,53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 599, related to investigations of domestic ores, minerals, and agriculture resources for purposes of development, etc., prior to repeal by section 2(a) of Pub. L. 96-41.

Provisions similar to those in this section were contained in former section 98d of this title prior to repeal by Pub. L. 96-41.

CHANGE OF NAME Committee on Armed Services of House of Representatives changed to Committee on National Security of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98d, 98e, 98h, 98h-7 of this title.

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