
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC98b]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
     CHAPTER 5--ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY
 
 SUBCHAPTER III--ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS
 
Sec. 98b. National Defense Stockpile


(a) Determination of materials; quantities

    Subject to subsection (c) of this section, 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 section 98c of this title, shall 
constitute and be collectively known as the National Defense Stockpile 
(hereinafter in this subchapter referred to as the ``stockpile'').

(b) Guidelines for exercise of Presidential authority

    The President shall make the determinations required to be made 
under subsection (a) of this section on the basis of the principles 
stated in section 98a(c) of this title.

(c) Quantity change; notification to Congress

    (1) The quantity of any material to be stockpiled under this 
subchapter, as in effect on September 30, 1987, may be changed only as 
provided in this subsection or as otherwise provided by law enacted 
after December 4, 1987.
    (2) The President shall notify Congress in writing of any change 
proposed to be made in the quantity of any material to be stockpiled. 
The President may make the change after the end of the 45-day period 
beginning on the date of the notification. The President shall include a 
full explanation and justification for the proposed change with the 
notification.

(June 7, 1939, ch. 190, Sec. 3, as added Pub. L. 96-41, Sec. 2(a), July 
30, 1979, 93 Stat. 319; amended Pub. L. 100-180, div. C, title II, 
Sec. 3202(a), Dec. 4, 1987, 101 Stat. 1245; Pub. L. 100-456, div. A, 
title XII, Sec. 1233(b)(2), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 102-
484, div. C, title XXXIII, Sec. 3311, Oct. 23, 1992, 106 Stat. 2653; 
Pub. L. 104-201, div. C, title XXXIII, Sec. 3312(a), Sept. 23, 1996, 110 
Stat. 2857.)


                            Prior Provisions

    A prior section 98b, acts June 7, 1939, ch. 190, Sec. 3, 53 Stat. 
811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title 
I, Secs. 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, 
Sec. 102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, Sec. 2(b), eff. June 
12, 1953, 18 F.R. 3375, 67 Stat. 634; 1958 Reorg. Plan No. 1, Sec. 2, 
eff. July 1, 1958, 23 F.R. 4991, 72 Stat. 1799; Oct. 21, 1968, Pub. L. 
90-608, Sec. 402, 82 Stat. 1194; Ex. Ord. No. 11725, Sec. 3, eff. June 
29, 1973, 38 F.R. 17175, related to purchase, storage, refinement, 
rotation, and disposal of materials, prior to repeal by section 2(a) of 
Pub. L. 96-41. See section 98e of this title.
    Provisions similar to those in this section were contained in former 
section 98a of this title prior to repeal by Pub. L. 96-41.


                               Amendments

    1996--Subsec. (c)(2). Pub. L. 104-201 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.''
    1992--Subsec. (c)(2) to (5). Pub. L. 102-484 added par. (2) and 
struck out former pars. (2) to (5) which read as follows:
    ``(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 section 98h-2(b) of 
this title.
    ``(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 September 30, 1987, 
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.''
    1988--Subsec. (c)(1). Pub. L. 100-456 substituted ``December 4, 
1987'' for ``the date of the enactment of the National Defense Stockpile 
Amendments of 1987'', which for purposes of codification had been 
translated as ``December 4, 1987'', thus requiring no change in text.
    1987--Subsec. (a). Pub. L. 100-180, Sec. 3202(a)(1), substituted 
``Subject to subsection (c) of this section, the'' for ``The''.
    Subsec. (b). Pub. L. 100-180, Sec. 3202(a)(2), substituted ``the 
principles stated in section 98a(c) of this title.'' for ``the following 
principles:'' and struck out cls. (1) and (2) which related to purpose 
of National Defense Stockpile and quantities of materials stockpiled.
    Subsec. (c). Pub. L. 100-180, Sec. 3202(a)(3), 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) of this section, 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.''

                         Delegation of Functions

    Functions of the President under this section were delegated to the 
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.


                    Changes in Stockpile Requirements

    Pub. L. 101-189, div. C, title XXXIII, Sec. 3301, Nov. 29, 1989, 103 
Stat. 1685, provided that: ``Pursuant to section 3(c)(4) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(c)(4)), 
the National Defense Stockpile Manager may revise quantities of 
materials to be stockpiled under that Act [50 U.S.C. 98 et seq.] in 
accordance with the following table:

------------------------------------------------------------------------
          ``Material             Current  quantity    Revised  quantity
------------------------------------------------------------------------
Aluminum oxide, abrasive grain  638,000 short tons   374,000 short tons
 group........................   (contained)          (contained)
Antimony......................  36,000 short tons    88,500 short tons
Asbestos, amosite.............  17,000 short tons    0 short tons
Bauxite, refractory...........  1,400,000 long       1,240,000 long
                                 calcined tons        calcined tons
Bismuth.......................  2,200,000 pounds     1,060,000 pounds
Chromite, refractory grade ore  850,000 short dry    695,000 short dry
                                 tons                 tons
Columbium group...............  4,850,000 pounds     12,520,000 pounds
                                 (contained)          (contained)
Diamond, industrial group.....  29,730,000 carats    7,730,000 carats
Fluorspar, acid grade.........  1,400,000 short dry  900,000 short dry
                                 tons                 tons
Fluorspar, metallurgical grade  1,700,000 short dry  310,000 short dry
                                 tons                 tons
Graphite, natural, malagasy,    20,000 short tons    14,200 short tons
 crystalline..................
Graphite, natural, other than   2,800 short tons     1,930 short tons
 Ceylon and Malagasy..........
Manganese, battery grade group  87,000 short dry     50,000 short dry
                                 tons                 tons
Mica, muscovite block, stained  6,200,000 pounds     2,500,000 pounds
 and better...................
Natural insulation fibers.....  1,500,000 pounds     0 pounds
Platinum group metals, iridium  98,000 troy ounces   86,000 troy ounces
Platinum group metals,          3,000,000 troy       2,150,000 troy
 palladium....................   ounces               ounces
Quartz crystals...............  600,000 pounds       240,000 pounds
Talc, steatite block and lump.  28 short tons        0 short tons
Tungsten group................  50,666,000 pounds    70,900,000 pounds
                                 (contained)          (contained)''
------------------------------------------------------------------------

                  Section Referred to in Other Sections

    This section is referred to in sections 98e, 98g, 98h-6 of this 
title; title 15 section 714b; title 22 section 2796d.
