
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[3302]]
[Document affected by Public Law 107-107 Section 3301]
[Document affected by Public Law 107-107 Section 3303]
[Document affected by Public Law 107-107 Section 3304(a)]
[Document affected by Public Law 107-107 Section 3304(b)]
[Document affected by Public Law 107-107 Section 3304(c)]
[Document affected by Public Law 107-107 Section 3305]
[Document affected by Public Law 107-107 Section 3306(a)]
[Document affected by Public Law 106-398 Section 1[3303]]
[CITE: 50USC98d]

 
                   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. 98d. Authority for stockpile operations


(a) Funds appropriated for acquisitions; proposed stockpile 
        transactions; significant changes therein

    (1) Except for acquisitions made under the authority of paragraph 
(3) or (4) of section 98e(a) of this title, 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 such acquisition (and for transportation and other 
incidental expenses related to such acquisition) shall remain available 
until expended, unless otherwise provided in appropriation Acts.
    (2) If for any fiscal year the President proposes certain stockpile 
transactions in the annual materials plan submitted to Congress for that 
year under section 98h-2(b) of this title and after that plan is 
submitted the President proposes (or Congress requires) a significant 
change in any such transaction, 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 45 days has passed from the date of the receipt 
of such statement by such committees.

(b) Disposal

    Except for disposals made under the authority of paragraph (3), (4), 
or (5) of section 98e(a) of this title or under section 98f(a) of this 
title, no disposal may be made from the stockpile unless such disposal, 
including the quantity of the material to be disposed of, has been 
specifically authorized by law.

(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 to carry out the purposes for which appropriated 
for a period of two fiscal years, if so provided in appropriation Acts.

(June 7, 1939, ch. 190, Sec. 5, as added Pub. L. 96-41, Sec. 2(a), July 
30, 1979, 93 Stat. 321; amended Pub. L. 97-35, title II, Sec. 203(a), 
(b), Aug. 13, 1981, 95 Stat. 381, 382; Pub. L. 98-525, title IX, 
Sec. 903, Oct. 19, 1984, 98 Stat. 2573; Pub. L. 99-661, div. C, title 
II, Sec. 3207(a)(2), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 100-180, 
div. C, title II, Sec. 3206(a), Dec. 4, 1987, 101 Stat. 1247; Pub. L. 
102-484, div. C, title XXXIII, Sec. 3312, Oct. 23, 1992, 106 Stat. 2653; 
Pub. L. 103-160, div. C, title XXXIII, Sec. 3312, Nov. 30, 1993, 107 
Stat. 1962.)


                            Prior Provisions

    A prior section 98d, acts June 7, 1939, ch. 190, Sec. 5, 53 Stat. 
812; July 23, 1946, ch. 590, 60 Stat. 598, related to release of stock 
pile materials, prior to repeal by section 2(a) of Pub. L. 96-41. See 
section 98f of this title.
    Provisions similar to those in this section were contained in former 
sections 98b and 98g of this title prior to repeal by Pub. L. 96-41.


                               Amendments

    1993--Subsec. (a)(2). Pub. L. 103-160 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.''
    1992--Subsec. (b). Pub. L. 102-484 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''.
    1987--Subsec. (a)(2). Pub. L. 100-180 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.
    1986--Subsec. (b). Pub. L. 99-661 substituted ``paragraph (3), (4), 
or (5)'' for ``paragraph (4) or (5)''.
    1984--Subsec. (b)(2). Pub. L. 98-525, Sec. 903(b), substituted 
``$100,000,000'' for ``$250,000,000''.
    Pub. L. 98-525, Sec. 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 
September 30, 1983, if the disposal would result in there being a 
balance in the fund in excess of $500,000,000''.
    1981--Subsec. (a). Pub. L. 97-35, Sec. 203(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).
    Subsec. (b). Pub. L. 97-35, Sec. 203(b), inserted designation for 
cl. (1) and added cl. (2).


                    Effective Date of 1984 Amendment

    Section 903(b) of Pub. L. 98-525, as amended by Pub. L. 99-145, 
title XVI, Sec. 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part 
that the amendment by section 903(b) of Pub. L. 98-525, is effective 
Oct. 1, 1987.


                    Effective Date of 1981 Amendment

    Section 203(f) of Pub. L. 97-35 provided that: ``The amendments made 
by subsection (a) [amending this section] shall apply with respect to 
funds appropriated for fiscal years beginning after September 30, 
1981.''

                         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.


                Required Disposals During Ten-Year Period

    Pub. L. 106-65, div. C, title XXXIV, Sec. 3402(a)-(e), Oct. 5, 1999, 
113 Stat. 972, 973, provided that:
    ``(a) Disposal Required.--Subject to subsection (c), the President 
shall make disposals from the National Defense Stockpile of materials in 
quantities as follows:
        ``(1) Beryllium metal, 250 short tons.
        ``(2) Chromium ferro alloy, 496,204 short tons.
        ``(3) Chromium metal, 5,000 short tons.
        ``(4) Palladium, 497,271 troy ounces.
    ``(b) Management of Disposal To Achieve Objectives for Receipts.--
The President shall manage the disposal of materials under subsection 
(a) so as to result in receipts to the United States in amounts equal 
to--
        ``(1) $10,000,000 during fiscal year 2000;
        ``(2) $100,000,000 during the 5-fiscal year period ending 
    September 30, 2004; and
        ``(3) $300,000,000 during the 10-fiscal year period ending 
    September 30, 2009.
    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of the material under subsection (a) to the extent that the 
disposal will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of the materials proposed for disposal; or
        ``(2) avoidable loss to the United States.
    ``(d) Disposition of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials under subsection (a) 
shall be deposited into the general fund of the Treasury.
    ``(e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.''


                  Authorized Disposal of Zirconium Ore

    Pub. L. 106-31, title I, Sec. 303, May 21, 1999, 113 Stat. 67, 
provided that:
    ``(a) Disposal Authorized.--Subject to subsection (c), the President 
may dispose of the material in the National Defense Stockpile specified 
in the table in subsection (b).
    ``(b) Table.--The total quantity of the material authorized for 
disposal by the President under subsection (a) is as follows:

                     ``Authorized Stockpile Disposal
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Zirconium ore.............................  17,383 short dry tons
------------------------------------------------------------------------

    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of material under subsection (a) to the extent that the disposal 
will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of the material proposed for disposal; or
        ``(2) avoidable loss to the United States.
    ``(d) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the material specified in such subsection.
    ``(e) National Defense Stockpile Defined.--In this section, the term 
`National Defense Stockpile Transaction Fund' means the fund in the 
Treasury of the United States established under section 9(a) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(a)).''


           Required Disposals During Fiscal Years 1999 to 2005

    Pub. L. 105-262, title VIII, Sec. 8109, Oct. 17, 1998, 112 Stat. 
2322, provided that:
    ``(a) Disposal of Certain Materials in National Defense Stockpile.--
Subject to subsection (c), the President shall dispose of materials 
contained in the National Defense Stockpile and specified in the table 
in subsection (b) so as to result in receipts to the United States in 
the amount of $100,000,000 by the end of fiscal year 1999.
    ``(b) Disposal Quantities.--The total quantities of materials 
authorized for disposal by the President under subsection (a) may not 
exceed the amounts set forth in the following table:

                    ``Authorized Stockpile Disposals
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Beryllium Metal...........................  20 short tons
Chromium Ferroalloy.......................  25,000 short tons
Columbium Carbide Powder..................  21,372 pounds of contained
                                             Columbium
Diamond, Stones...........................  600,000 carats
Platinum..................................  100,000 troy ounces
Platinum--Palladium.......................  150,000 troy ounces
Tantalum Carbide Powder...................  22,688 pounds of contained
                                             Tantalum
Tantalum Metal Ingots.....................  25,000 pounds of contained
                                             Tantalum
Tantalum Metal Powder.....................  25,000 pounds of contained
                                             Tantalum
------------------------------------------------------------------------

    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of the materials proposed for disposal; or
        ``(2) avoidable loss to the United States.
    ``(d) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials authorized for 
disposal under subsection (a) shall be deposited into the general fund 
of the Treasury.
    ``(e) Relationship to Other Disposal Authority.--(1) The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.
    ``(2) The disposal authority provided in subsection (a) is referred 
to in section 3303 of the National Defense Authorization Act for Fiscal 
Year 1999 [Pub. L. 105-261, set out as a note below], and the quantities 
of the materials specified in the table in subsection (b) are included 
in the quantities specified in the table in subsection (b) of such 
section 3303.
    ``(f) 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).''
    Pub. L. 105-261, div. C, title XXXIII, Secs. 3301, 3303, Oct. 17, 
1998, 112 Stat. 2262, 2263, as amended by Pub. L. 106-65, div. C, title 
XXXIV, Sec. 3403(a), Oct. 5, 1999, 113 Stat. 973, provided that:
``SEC. 3301. DEFINITIONS.
    ``In this title [amending section 98h of this title]:
        ``(1) 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).
        ``(2) The term `National Defense Stockpile Transaction Fund' 
    means the fund in the Treasury of the United States established 
    under section 9(a) of the Strategic and Critical Materials Stock 
    Piling Act (50 U.S.C. 98h(a)).
``SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL 
        DEFENSE STOCKPILE.
    ``(a) Disposal Required.--Subject to subsection (c), the President 
shall dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in receipts 
to the United States in the amount of--
        ``(1) $105,000,000 by the end of fiscal year 1999;
        ``(2) $460,000,000 by the end of fiscal year 2002;
        ``(3) $555,000,000 by the end of fiscal year 2003; and
        ``(4) $590,000,000 by the end of fiscal year 2005.
    ``(b) Limitations on Disposal Authority.--(1) The total quantities 
of materials authorized for disposal by the President under subsection 
(a) may not exceed the amounts set forth in the following table:

                    ``Authorized Stockpile Disposals
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Bauxite Refractory........................  29,000 long calcined ton
Beryllium Metal...........................  100 short tons
Chromite Chemical.........................  34,000 short dry tons
Chromite Refractory.......................  159,000 short dry tons
Chromium Ferroalloy.......................  125,000 short tons
Columbium Carbide Powder..................  21,372 pounds of contained
                                             Columbium
Columbium Concentrates....................  1,733,454 pounds of
                                             contained Columbium
Columbium Ferro...........................  249,396 pounds of contained
                                             Columbium
Columbium Metal--Ingots...................  161,123 pounds of contained
                                             Columbium
Diamond, Stones...........................  3,000,000 carats
Germanium Metal...........................  28,198 kilograms
Graphite Natural Ceylon Lump..............  5,492 short tons
Indium....................................  14,248 troy ounces
Mica Muscovite Block......................  301,000 pounds
Mica Phlogopite Block.....................  130,745 pounds
Platinum..................................  439,887 troy ounces
Platinum--Iridium.........................  4,450 troy ounces
Platinum--Palladium.......................  750,000 troy ounces
Tantalum Carbide Powder...................  22,688 pounds of contained
                                             Tantalum
Tantalum Metal Ingots.....................  125,000 pounds of contained
                                             Tantalum
Tantalum Metal Powder.....................  125,000 pounds of contained
                                             Tantalum
Tantalum Minerals.........................  1,751,364 pounds of
                                             contained Tantalum
Tantalum Oxide............................  122,730 pounds of contained
                                             Tantalum
Tungsten Carbide Powder...................  2,032,896 pounds of
                                             contained Tungsten
Tungsten Ferro............................  2,024,143 pounds of
                                             contained Tungsten
Tungsten Metal Powder.....................  1,898,009 pounds of
                                             contained Tungsten
Tungsten Ores & Concentrates..............  76,358,235 pounds of
                                             contained Tungsten
------------------------------------------------------------------------

    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).
    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of the materials proposed for disposal; or
        ``(2) avoidable loss to the United States.
    ``(d) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials authorized for 
disposal under subsection (a) shall be treated as follows:
        ``(1) The following amounts shall be transferred to the 
    Secretary of Health and Human Services, to be credited in the manner 
    determined by the Secretary to the Federal Hospital Insurance Trust 
    Fund and the Federal Supplementary Medical Insurance Trust Fund:
            ``(A) $3,000,000 during fiscal year 1999.
            ``(B) $22,000,000 during fiscal year 2000.
            ``(C) $28,000,000 during fiscal year 2001.
            ``(D) $31,000,000 during fiscal year 2002.
            ``(E) $8,000,000 during fiscal year 2003.
        ``(2) The balance of the funds received shall be deposited into 
    the general fund of the Treasury.
    ``(e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.
    ``(f) Authorization of Sale.--The authority provided by this section 
to dispose of materials contained in the National Defense Stockpile so 
as to result in receipts of $100,000,000 of the amount specified for 
fiscal year 1999 in subsection (a) by the end of that fiscal year shall 
be effective only to the extent provided in advance in appropriation 
Acts.''


                 Authorized Disposals; Fiscal Year 1998

    Pub. L. 105-85, div. A, title XXXIII, Secs. 3301, 3303-3305, Nov. 
18, 1997, 111 Stat. 2056, 2057, as amended by Pub. L. 106-65, div. C, 
title XXXIV, Secs. 3402(f)(2), 3403(b), Oct. 5, 1999, 113 Stat. 973, 
provided that:
``SEC. 3301. DEFINITIONS.
    ``In this title [amending section 98e of this title]:
        ``(1) 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).
        ``(2) The term `National Defense Stockpile Transaction Fund' 
    means the fund in the Treasury of the United States established 
    under section 9(a) of the Strategic and Critical Materials Stock 
    Piling Act (50 U.S.C. 98h(a)).
        ``(3) The term `Market Impact Committee' means the Market Impact 
    Committee established under section 10(c) of the Strategic and 
    Critical Materials Stock Piling Act (50 U.S.C. 98h-1(c)).
``SEC. 3303. DISPOSAL OF BERYLLIUM COPPER MASTER ALLOY IN NATIONAL 
        DEFENSE STOCKPILE.
    ``(a) Disposal Authorization.--Pursuant to section 5(b) of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)), 
the National Defense Stockpile Manager may dispose of all beryllium 
copper master alloy from the National Defense Stockpile as part of 
continued efforts to modernize the stockpile.
    ``(b) Precondition for Disposal.--Before beginning the disposal of 
beryllium copper master alloy under subsection (a), the National Defense 
Stockpile Manager shall certify to Congress that the disposal of 
beryllium copper master alloy will not adversely affect the capability 
of the National Defense Stockpile to supply the strategic and critical 
material needs of the United States.
    ``(c) Consultation With Market Impact Committee.--In disposing of 
beryllium copper master alloy under subsection (a), the National Defense 
Stockpile Manager shall consult with the Market Impact Committee to 
ensure that the disposal of beryllium copper master alloy does not 
disrupt the domestic beryllium industry.
    ``(d) Extended Sales Contracts.--The National Defense Stockpile 
Manager shall provide for the use of long-term sales contracts for the 
disposal of beryllium copper master alloy under subsection (a) so that 
the domestic beryllium industry can re-absorb this material into the 
market in a gradual and nondisruptive manner. However, no such contract 
shall provide for the disposal of beryllium copper master alloy over a 
period longer than eight years, beginning on the date of the 
commencement of the first contract under this section.
    ``(e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding materials in the National Defense Stockpile.
    ``(f) Beryllium Copper Master Alloy Defined.--For purposes of this 
section, the term `beryllium copper master alloy' means an alloy of 
nominally four percent beryllium in copper.
``SEC. 3304. DISPOSAL OF TITANIUM SPONGE IN NATIONAL DEFENSE STOCKPILE.
    ``(a) Disposal Required.--Subject to subsection (b), the National 
Defense Stockpile Manager shall dispose of 34,800 short tons of titanium 
sponge contained in the National Defense Stockpile provided for in 
section 4 of the Strategic and Critical Materials Stock Piling Act (50 
U.S.C. 98c) and excess to stockpile requirements.
    ``(b) Consultation With Market Impact Committee.--In disposing of 
titanium sponge under subsection (a), the National Defense Stockpile 
Manager shall consult with the Market Impact Committee to ensure that 
the disposal of titanium sponge does not disrupt the domestic titanium 
industry.
    ``(c) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding materials in the National Defense Stockpile.
``SEC. 3305. DISPOSAL OF COBALT IN NATIONAL DEFENSE STOCKPILE.
    ``(a) Disposal Required.--Subject to subsections (b) and (c), the 
President shall dispose of cobalt contained in the National Defense 
Stockpile so as to result in receipts to the United States in amounts 
equal to--
        ``(1) $20,000,000 during fiscal year 2003;
        ``(2) $50,000,000 during fiscal year 2004;
        ``(3) $64,000,000 during fiscal year 2005;
        ``(4) $67,000,000 during fiscal year 2006; and
        ``(5) $34,000,000 during fiscal year 2007.
    ``(b) Limitations on Disposal Authority.--(1) The total quantity of 
cobalt authorized for disposal by the President under subsection (a) may 
not exceed 14,058,014 pounds.
    ``(2) The President may not dispose of cobalt under this section in 
excess of the disposals necessary to result in receipts in the amounts 
specified in subsection (a).
    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of cobalt under subsection (a) to the extent that the disposal 
will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of cobalt; or
        ``(2) avoidable loss to the United States.
    ``(d) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of cobalt under subsection (a) 
shall be deposited into the general fund of the Treasury.
    ``(e) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding materials in the National Defense Stockpile.''


 Required Disposals During Ten-Fiscal Year Period Ending September 30, 
                                  2006

    Pub. L. 104-201, div. C, title XXXIII, Secs. 3301, 3303, Sept. 23, 
1996, 110 Stat. 2854, 2855, as amended by Pub. L. 106-65, div. C, title 
XXXIV, Secs. 3402(f)(1), 3403(c), Oct. 5, 1999, 113 Stat. 973, 974, 
provided that:
``SEC. 3301. DEFINITIONS.
    ``In this title [amending sections 98a, 98b, 98e, 98h-4, and 98h-5 
of this title]:
        ``(1) 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).
        ``(2) The term `National Defense Stockpile Transaction Fund' 
    means the fund in the Treasury of the United States established 
    under section 9(a) of the Strategic and Critical Materials Stock 
    Piling Act (50 U.S.C. 98h(a)).
``SEC. 3303. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE 
        STOCKPILE.
    ``(a) Disposal Required.--Subject to subsection (c), the President 
shall dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in receipts 
to the United States in amounts equal to--
        ``(1) $81,000,000 during fiscal year 1997; and
        ``(2) $720,000,000 during the ten-fiscal year period ending 
    September 30, 2006.
    ``(b) Limitations on Disposal Authority.--(1) The total quantities 
of materials authorized for disposal by the President under subsection 
(a) may not exceed the amounts set forth in the following table:

                    ``Authorized Stockpile Disposals
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Aluminum..................................  62,881 short tons
Cobalt....................................  26,000,000 pounds contained
Columbium Ferro...........................  930,911 pounds contained
Germanium Metal...........................  40,000 kilograms
Indium....................................  35,000 troy ounces
Palladium.................................  15,000 troy ounces
Platinum..................................  10,000 troy ounces
Rubber, Natural...........................  125,138 long tons
Tantalum, Carbide Powder..................  6,000 pounds contained
Tantalum, Minerals........................  750,000 pounds contained
Tantalum, Oxide...........................  40,000 pounds contained
------------------------------------------------------------------------

    ``(2) The President may not dispose of materials under this section 
in excess of the disposals necessary to result in receipts in the 
amounts specified in subsection (a).
    ``(c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
        ``(1) undue disruption of the usual markets of producers, 
    processors, and consumers of the materials proposed for disposal; or
        ``(2) avoidable loss to the United States.
    ``(d) Treatment of Receipts.--Notwithstanding section 9 of the 
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds 
received as a result of the disposal of materials under subsection (a) 
shall be--
        ``(1) deposited into the general fund of the Treasury; and
        ``(2) to the extent necessary, used to offset the revenues that 
    will be lost as a result of execution of the amendments made by 
    section 4303(a) of the National Defense Authorization Act for Fiscal 
    Year 1996 [amending section 2761 of Title 22, Foreign Relations and 
    Intercourse] (Public Law 104-106; 110 Stat. 658).
    ``(e) Qualifying Offsetting Legislation.--This section is 
specifically enacted as qualifying offsetting legislation for the 
purpose of offsetting fully the estimated revenues lost as a result of 
the amendments made by subsection (a) of section 4303 of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 
Stat. 658), and as such is deemed to satisfy the conditions in 
subsection (b) of such section [22 U.S.C. 2761 note].
    ``(f) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is in 
addition to, and shall not affect, any other disposal authority provided 
by law regarding the materials specified in such subsection.''


               Limitation on Authority To Dispose of Zinc

    Pub. L. 103-337, div. C, title XXXIII, Sec. 3304, Oct. 5, 1994, 108 
Stat. 3098, provided that:
    ``(a) Limitation on Disposal Authority.--The disposal of zinc from 
the National Defense Stockpile pursuant to any disposal authority 
provided by law may not commence before April 1, 1995.
    ``(b) Condition on Disposal After Expiration of Limitation.--If any 
quantity of zinc is proposed for disposal from the National Defense 
Stockpile during fiscal year 1995 upon the expiration of the limitation 
prescribed under subsection (a), the President shall submit to Congress 
not later than February 15, 1995, a revised annual materials plan under 
section 11(b) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-2[(b)]) that specifically describes the proposed 
disposals. The revised plan shall include the views of the Market Impact 
Committee regarding the market impact of the disposals, as required 
under section 10(c) of such Act (50 U.S.C. 98h-1(c)).
    ``(c) Effect on Transfers of Zinc to Other Federal Agencies.--
Nothing in this section shall limit the authority of the National 
Defense Stockpile Manager to transfer zinc in the National Defense 
Stockpile to the jurisdiction and control of another Federal agency for 
official Government use.
    ``(d) National Defense Stockpile Defined.--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).''


            National Defense Stockpile Modernization Program

    Section 3301 of Pub. L. 103-160 provided that:
    ``(a) Disposal Authorized.--Subject to the conditions specified in 
subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile provided 
for in section 4 of the Strategic and Critical Materials Stock Piling 
Act (50 U.S.C. 98c) in order to modernize the stockpile. The materials 
subject to disposal under this subsection and the quantity of each 
material authorized to be disposed of by the President are set forth in 
the following table:

                    ``Authorized Stockpile Disposals
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Analgesics................................  53,525 pounds of anhydrous
                                             morphine alkaloid
Antimony..................................  32,140 short tons
Diamond Dies, Small.......................  25,473 pieces
Manganese, Electrolytic...................  14,172 short tons
Mica, Muscovite Block, Stained and Better.  1,866,166 pounds
Mica, Muscovite Film, 1st & 2d quality....  158,440 pounds
Mica, Muscovite Splittings................  12,540,382 pounds
Quinidine.................................  2,471,287 avoirdupois ounces
Quinidine, Non-Stockpile Grade............  1,691 avoirdupois ounces
Quinine...................................  2,770,091 avoirdupois ounces
Quinine, Non-Stockpile Grade..............  475,950 avoirdupois ounces
Rare Earths...............................  504 short dry tons
Vanadium Pentoxide........................  718 short tons of contained
                                             vanadium
------------------------------------------------------------------------

    ``(b) Conditions on Disposal.--The authority of the President under 
subsection (a) to dispose of materials stored in the National Defense 
Stockpile may not be used unless and until the Secretary of Defense 
certifies to Congress that the disposal of such materials will not 
adversely affect the capability of the stockpile to supply the strategic 
and critical materials necessary to meet the needs of the United States 
during a period of national emergency that requires a significant level 
of mobilization of the economy of the United States, including any 
reconstitution of the military and industrial capabilities necessary to 
meet the planning assumptions used by the Secretary of Defense under 
section 14(b) of the Strategic and Critical Materials Stock Piling Act 
(50 U.S.C. 98h-5(b)).''
    Section 3303(a) of Pub. L. 103-160 provided that: ``During fiscal 
year 1994, the disposal of chromite and manganese ores of metallurgical 
grade under the authority of section 3302(a) of the National Defense 
Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 
2649; 50 U.S.C. 98d note) may be made only for processing within the 
United States and the territories and possessions of the United 
States.''
    Sections 3301 to 3303 of Pub. L. 102-484, as amended by Pub. L. 103-
160, div. C, title XXXIII, Sec. 3303(b), Nov. 30, 1993, 107 Stat. 1961; 
Pub. L. 103-337, div. A, title X, Sec. 1070(c)(3), div. C, title XXXIII, 
Sec. 3303, Oct. 5, 1994, 108 Stat. 2858, 3098, provided that:
``SEC. 3301. DEFINITIONS.
    ``For purposes of this subtitle [subtitle A (Secs. 3301-3308) of 
title XXXIII of div. C of Pub. L. 102-484, enacting provisions set out 
as a note under section 98h-1 of this title and amending provisions set 
out as a note below]:
        ``(1) The terms `National Defense Stockpile' and `stockpile' 
    mean the stockpile provided for in section 4 of the Strategic and 
    Critical Materials Stock Piling Act (50 U.S.C. 98c).
        ``(2) The term `National Defense Stockpile Transaction Fund' 
    means the fund in the Treasury of the United States established 
    under section 9(a) of the Strategic and Critical Materials Stock 
    Piling Act (50 U.S.C. 98h(a)).
``SEC. 3302. DISPOSAL OF OBSOLETE AND EXCESS MATERIALS CONTAINED IN THE 
        NATIONAL DEFENSE STOCKPILE.
    ``(a) Disposal Authorized.--Subject to the conditions specified in 
subsection (b), the President may dispose of obsolete and excess 
materials currently contained in the National Defense Stockpile in order 
to modernize the stockpile. The materials subject to disposal under this 
subsection and the quantity of each material authorized to be disposed 
of by the President are set forth in the following table:

                    ``Authorized Stockpile Disposals
------------------------------------------------------------------------
           Material for disposal                      Quantity
------------------------------------------------------------------------
Aluminum Oxide, Abrasive Grain............  51,022 short tons
Aluminum Oxide, Fused Crude...............  249,867 short tons
Antimony..................................  2,007 short tons
Asbestos, Chrysotile......................  3,004 short tons
Bauxite, Metal Grade, Jamaican............  12,457,740 long tons
Bauxite, Metal Grade, Surinam.............  5,299,597 long tons
Bauxite, Refractory.......................  207,067 long tons
Beryl Ore.................................  17,729 short tons
Bismuth...................................  1,825,955 pounds
Cadmium...................................  6,328,570 pounds
Chromite, Chemical Grade Ore..............  208,414 short dry tons
Chromite, Metallurgical Grade Ore.........  1,511,356 short dry tons
Chromite, Refractory Grade Ore............  232,414 short dry tons
Chromium, Ferro...........................  576,526 short tons
Cobalt....................................  13,000,000 pounds of
                                             contained cobalt
Copper....................................  29,641 short tons
Diamond, Bort.............................  4,001,334 carats
Diamond Stones............................  2,422,075 carats
Fluorspar, Acid Grade.....................  892,856 short dry tons
Fluorspar, Metallurgical Grade............  410,822 short dry tons
Germanium.................................  713 kilograms
Graphite, Natural, Malagasy, Crystalline..  10,573 short tons
Graphite, Natural, Other than Ceylon &      2,803 short tons
 Malagasy.
Iodine....................................  5,835,022 pounds
Jewel bearings............................  51,778,337 pieces
Lead......................................  610,053 short tons
Manganese, Ferro..........................  938,285 short tons
Manganese Ore, Metallurgical Grade........  1,627,425 short dry tons
Manganese, Battery Grade, Natural Ore.....  68,226 short dry tons
Manganese, Battery Grade, Synthetic         3,011 short dry tons
 Dioxide.
Mercury...................................  128,026 flasks (76-pounds)
Mica, Phlogopite Splittings...............  963,251 pounds
Nickel....................................  37,214 short tons
Quartz Crystals, Natural..................  800,000 pounds
Rutile....................................  39,200 short tons
Sapphire & Ruby...........................  16,305,502 carats
Sebacic Acid..............................  5,009,697 pounds
Silicon Carbide...........................  28,774 short tons
Silver....................................  83,951,492 troy ounces
Tin.......................................  141,278 metric tons
Vegetable Tannin, Chestnut................  4,976 long tons
Vegetable Tannin, Quebracho...............  28,832 long tons
Vegetable Tannin, Wattle..................  15,000 long tons
Zinc......................................  378,768 short tons
------------------------------------------------------------------------

    ``(b) Conditions on Disposal.--The authority of the President under 
subsection (a) to dispose of materials stored in the stockpile may not 
be used unless and until the President submits to Congress a revised 
annual materials plan under section 11(b) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h-2(b)) that--
        ``(1) complies with the requirements of section 10(c) of such 
    Act (50 U.S.C. 98h-1), as added by section 3314; and
        ``(2) contains the certification of the Secretary of Defense 
    that the disposal of such materials will not adversely affect the 
    capability of the National Defense Stockpile to supply the strategic 
    and critical materials necessary to meet the needs of the United 
    States during a period of national emergency that requires a 
    significant level of mobilization of the economy of the United 
    States, including any reconstitution of the military and industrial 
    capabilities necessary to meet the planning assumptions used by the 
    Secretary of Defense under section 14(b) of such Act (50 U.S.C. 98h-
    5(b)).
    ``(c) Required Use of Previous Disposal Authorities.--(1) The 
President shall complete the disposal of all quantities of materials in 
the National Defense Stockpile that--
        ``(A) have been previously authorized for disposal by law; and
        ``(B) have not been disposed of before the date of the enactment 
    of this Act [Oct. 23, 1992].
    ``(2) The disposal of materials required by this subsection shall be 
completed before the end of the five-year period beginning on October 1, 
1992, unless the President notifies Congress that the Market Impact 
Committee established under section 10(c) of the Strategic and Critical 
Materials Stock Piling Act (50 U.S.C. 98h-1(c)), as added by section 
3314, determines that completion of the disposal of such materials 
during such period would result in the undue disruption of the usual 
markets of such materials. The notification shall also indicate the date 
on which the disposal of such materials will be completed.
    ``(d) Special Limitation Regarding Silver.--(1) The disposal of 
silver under this section may only occur in the form of coins or, 
subject to paragraph (2), as material furnished by the Federal 
Government to a contractor for the use of the contractor in the 
performance of a Federal Government contract.
    ``(2) A contractor receiving silver as Government furnished material 
shall pay the Federal Government the amount equal to the fair market 
value of the silver, as determined by the National Defense Stockpile 
Manager. The amount paid by the contractor for the silver shall be 
deposited in the National Defense Stockpile Transaction Fund.
    ``(e) Special Limitation Regarding Chromite and Manganese Ores.--
During fiscal year 1993, the disposal of chromite and manganese ores of 
metallurgical grade under subsection (a) may be made only for processing 
within the United States and the territories and possessions of the 
United States.
    ``(f) Special Limitation Regarding Chromium and Manganese Ferro.--
The disposal of chromium ferro and manganese ferro under subsection (a) 
may not commence before October 1, 1995.
    ``(g) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is in addition to any other 
disposal authority provided by law.
``SEC. 3303. USE OF BARTER ARRANGEMENTS IN MODERNIZATION PROGRAM.
    ``The President may enter into barter arrangements to dispose of 
materials under section 3302 in order to acquire strategic and critical 
materials for, or upgrade strategic and critical materials in, the 
National Defense Stockpile.''


                 Authorized Disposals; Fiscal Year 1992

    Pub. L. 102-190, div. C, title XXXIII, Sec. 3301, Dec. 5, 1991, 105 
Stat. 1583, as amended by Pub. L. 102-484, div. C, title XXXIII, 
Sec. 3308, Oct. 23, 1992, 106 Stat. 2653, provided that:
    ``(a) Authority.--During fiscal year 1992, the National Defense 
Stockpile Manager may dispose of materials in the National Defense 
Stockpile in accordance with this section. The value of materials 
disposed of may not exceed $150,000,000 during such fiscal year. Such 
disposal may be made only as specified in subsection (b).
    ``(b) Materials Authorized To Be Disposed.--Any disposal under 
subsection (a) shall be made--
        ``(1) from quantities of materials in the National Defense 
    Stockpile previously authorized for disposal by law, including the 
    materials authorized for disposal in accordance with the table 
    contained in section 3302(b) of the National Defense Authorization 
    Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 
    1686 [set out as a note below]); or
        ``(2) in the case of materials in the National Defense Stockpile 
    that have been determined to be excess to the current requirements 
    of the stockpile, in accordance with the following table:

------------------------------------------------------------------------
                   ``Material                      Unit     Quantities
------------------------------------------------------------------------
Bismuth........................................       LB         500,000
Diamond, industrial, crushing bort.............       KT      10,000,000
Fluorspar, metallurgical grade.................      SDT          20,000
Graphite, Malagasy.............................       ST           3,635
Manganese, battery grade.......................      SDT          25,000
Manganese, chemical grade......................      SDT         173,000
Mercury........................................       FL          15,000
Mica, muscovite block..........................       LB       2,700,000
Mica, muscovite splittings.....................       LB       1,100,000
Tin............................................       MT          15,000
------------------------------------------------------------------------

    ``(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.--The National Defense Stockpile 
Manager may dispose of materials under this section during fiscal year 
1992 only to the extent that the total amount received (or to be 
received) from such disposals for 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 Years 1990 and 1991

    Pub. L. 101-189, div. C, title XXXIII, Sec. 3302, Nov. 29, 1989, 103 
Stat. 1685, provided that:
    ``(a) Authority.--During fiscal years 1990 and 1991, the National 
Defense Stockpile Manager may dispose of materials in the National 
Defense Stockpile in accordance with this section. The value of 
materials disposed of may not exceed $180,000,000 during each of such 
fiscal years, and such disposal may be made only as specified in 
subsection (b).
    ``(b) Materials Authorized to be Disposed.--Any disposal under 
subsection (a) shall be made from quantities of materials in the 
National Defense Stockpile previously authorized for disposal by law or, 
in the case of materials in the National Defense Stockpile that have 
been determined to be excess to the current requirements of the 
stockpile, in accordance with the following table:

------------------------------------------------------------------------
             ``Material                           Quantities
------------------------------------------------------------------------
Asbestos, amosite...................  34,000 short tons
Bismuth.............................  255,400 pounds
Diamond, industrial, crushing bort..  8,000,000 carats
Fluorspar, metallurgical grade......  15,000 short dry tons
Graphite, natural, Malagasy,          3,635 short tons
 crystalline.
Graphite, natural, other than Ceylon  873 short tons
 and Malagasy.
Mercury.............................  15,000 flasks
Mica, muscovite block, stained and    10,000 pounds
 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, Sec. 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       181,000 pounds
 (S&L)
Mica, muscovite splittings  750,000 pounds
Mica, phlogopite            589,000 pounds
 splittings
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           1,000,000 pounds
 concentrates
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].''


 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 ferromanganese; 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, Sec. 101(c) 
[title IX, Sec. 9110], Oct. 18, 1986, 100 Stat. 1783-82, 1783-120, and 
Pub. L. 99-591, Sec. 101(c) [title IX, Sec. 9110], Oct. 30, 1986, 100 
Stat. 3341-82, 3341-120.


  Storage, Maintenance, Protection and Disposal of Silver in National 
       Defense Stockpile After September 30, 1987; Use of Proceeds

    Pub. L. 99-500, Sec. 101(m) [title V, Sec. 519], Oct. 18, 1986, 100 
Stat. 1783-308, 1783-326, and Pub. L. 99-591, Sec. 101(m) [title V, 
Sec. 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, Sec. 1612, Nov. 8, 1985, 99 Stat. 776, as 
amended by Pub. L. 99-661, div. C, title II, Sec. 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
                                     equivalent


    ``(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, Secs. 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 
    natural.
        ``(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.).
    ``(f)(1) 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.''


                     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, Sec. 101(c) [title VII, Sec. 799B], Dec. 
21, 1982, 96 Stat. 1866, provided that: ``After the date of enactment of 
this Act [Dec. 21, 1982], annual 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.''


   Disposal of Silver From National Defense Stockpile; Congressional 
               Approval of Recommended Method of Disposal

    Pub. L. 97-114, title VII, Sec. 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, 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 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 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.

 Maintenance of Domestic Tin-Smelting Industry; 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, Sec. 103, 
67 Stat. 230; June 22, 1956, ch. 426, Sec. 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 Finance Corporation to report to 
Congress on its activities not later than Dec. 31, 1947, and at the end 
of each six months thereafter.

      Federal Facilities Corporation; Abolition and Dissolution 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, 
Sec. 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 Government-Owned Tin Smelter at Texas City, Texas; 
                       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

    This section is referred to in sections 98e, 98h, 98h-2, 98h-6 of 
this title.
