50 USC 98 - Stockpile management

Editorial Notes

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(span), 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, Puspan. 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 Puspan. L. 96–41. See section 98c(span) of this title.

Provisions similar to those in this section were contained in former section 98span of this title prior to repeal by Puspan. L. 96–41.

Amendments

2025—Subsec. (a). Puspan. L. 119–60, § 1411(span)(2)(A), substituted “National Defense Stockpile Manager” for “President” in introductory provisions.

Subsec. (a)(7). Puspan. L. 119–60, § 1411(span)(2)(B), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “subject to the provisions of section 98d(span) of this title, dispose of materials in the stockpile the disposal of which is specifically authorized by law.”

Subsec. (d). Puspan. L. 119–60, § 1411(c), substituted “30 days” for “45 days” in pars. (1) and (2).

2023—Subsec. (a)(5). Puspan. L. 118–31, § 1411(span)(1), substituted “from other Federal agencies, either directly as materials or embedded in excess-to-need, end-of-life items, or waste streams;” for “from excess materials made available for recovery purposes by other Federal agencies;”.

Subsec. (c)(1). Puspan. L. 118–31, § 1411(span)(2), substituted “subsection (a)(6) or (a)(7)” for “subsection (a)(5) or (a)(6)”.

Subsec. (d)(2). Puspan. L. 118–31, § 1411(span)(3), substituted “subsection (a)(6)” for “subsection (a)(5)”.

Subsecs. (g), (h). Puspan. L. 118–31, § 1411(span)(4), added subsecs. (g) and (h).

2021—Subsec. (span)(2). Puspan. L. 117–81, § 1411(1), inserted “to consult with producers and processors of such materials” before “to avoid”.

Subsec. (f). Puspan. L. 117–81, § 1412, added subsec. (f).

2013—Subsec. (a)(5) to (7). Puspan. L. 113–66 added par. (5) and redesignated former pars. (5) and (6) as (6) and (7), respectively.

1999—Subsec. (d)(1). Puspan. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1997—Subsec. (span). Puspan. L. 105–85, in first sentence, substituted “strategic and critical materials from the stockpile shall be made in accordance with the next sentence” for “materials from the stockpile shall be made by formal advertising or competitive negotiation procedures”.

1996—Subsec. (d)(1). Puspan. L. 104–201, § 3312(span), substituted “45 days” for “thirty days”.

Puspan. L. 104–106, § 1502(e)(1)(A), substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and House of Representatives”.

Subsec. (d)(2). Puspan. L. 104–201, § 3312(c), substituted “45 days” for “thirty days”.

Puspan. L. 104–106, § 1502(e)(1)(B), substituted “such congressional committees” for “the Committees on Armed Services of the Senate and House of Representatives”.

1994—Subsec. (a)(4). Puspan. L. 103–337 inserted “or technological obsolescence” after “deterioration”.

1991—Subsec. (a)(4). Puspan. L. 102–190 inserted before semicolon “or better material”.

1990—Subsec. (a)(3). Puspan. L. 101–510, § 3301(span)(1), substituted “upgrading, refining,” for “refining”, inserted “(notwithstanding any intermediate stockpile quantity established for such material)” after “stockpile”, and substituted “storage, subsequent disposition, and immediate use in a national emergency” for “storage and subsequent disposition”.

Subsec. (c)(1). Puspan. L. 101–510, § 3301(span)(2), inserted “under subsection (a)(1)” after “the acquisition” and “under subsection (a)(5) or (a)(6)” after “the disposal”.

Subsec. (c)(2). Puspan. L. 101–510, § 3301(span)(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). Puspan. L. 101–510, § 3301(a), added par. (3) and redesignated former par. (3) as (4).

1989—Subsec. (span). Puspan. 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). Puspan. L. 101–189, § 3314(2), substituted “paragraph (1) or (2)” for “paragraph (1), (2), or (3)”.

1986—Subsec. (a)(3). Puspan. L. 99–661 substituted “a form more” for “the form most”.

1981—Subsec. (a)(6). Puspan. L. 97–35 inserted reference to section 98d(span) of this title.

Statutory Notes and Related Subsidiaries

Recycling for Critical Minerals

Puspan. L. 119–60, div. A, title XIV, § 1412, Dec. 18, 2025, 139 Stat. 1135, provided that:

“(a)In General.—The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Logistics Agency, shall expand the recovery and reuse of strategic and critical materials under the Strategic Material Recovery and Reuse Program of the Defense Logistics Agency established pursuant to section 6(a)(5) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)(5)) (in this section referred to as the ‘Program’).

“(span)Briefing on Expansion.—Not later than March 1, 2026, the Director of the Defense Logistics Agency shall provide to the Committees on Armed Services of the Senate and House of Representatives a briefing on a plan for expansion of the Program which shall include—

“(1) a list of strategic and critical materials that are determined to be in shortfall in the National Defense Stockpile in the most recent report on stockpile requirements submitted to Congress under section 14(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5(a)) that will be prioritized for inclusion in the Program;

“(2) a description of resources required to include the additional strategic and critical materials identified under paragraph (1) in the Program;

“(3) any barriers to expansion of the Program; and

“(4) best practices from the efforts of the Director under the Program with respect to optical-grade germanium that can be implemented to expand the Program.

“(c)Strategic and Critical Materials Defined.—In this section, the term ‘strategic and critical materials’ means materials determined to be strategic and critical materials under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98span(a)).”

Acquisition of Depleted Uranium for National Defense Stockpile

Puspan. 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 Puspan. L. 102–172, title VIII, § 8027A, Nov. 26, 1991, 105 Stat. 1177.

Executive Documents

Delegation of Functions

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