View all text of Subchapter III [§ 98 - § 100a]
§ 98h. National Defense Stockpile Transaction Fund
(a) Establishment
There is established in the Treasury of the United States a separate fund to be known as the National Defense Stockpile Transaction Fund (hereinafter in this section referred to as the “fund”).
(b) Fund operations
(1) All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title 1
1 See References in Text note below.
shall be covered into the fund.(2) Subject to section 98d(a)(1) of this title, moneys covered into the fund under paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes:
(A) The acquisition, maintenance, and disposal of strategic and critical materials under section 98e(a) of this title.
(B) Transportation, storage, and other incidental expenses related to such acquisition, maintenance, and disposal.
(C) Development of current specifications of stockpile materials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when economical, related to such upgrading).
(D) Encouraging the appropriate conservation of strategic and critical materials.
(E) Testing and quality studies of stockpile materials.
(F) Studying future material and mobilization requirements for the stockpile.
(G) Activities authorized under section 98h–6 of this title.
(H) Contracting under competitive procedures for materials development and research to—
(i) improve the quality and availability of materials stockpiled from time to time in the stockpile; and
(ii) develop new materials for the stockpile.
(I) Improvement or rehabilitation of facilities, structures, and infrastructure needed to maintain the integrity of stockpile materials.
(J) Disposal of hazardous materials that are stored in the stockpile and authorized for disposal by law.
(K) Performance of environmental remediation, restoration, waste management, or compliance activities at locations of the stockpile that are required under a Federal law or are undertaken by the Government under an administrative decision or negotiated agreement.
(L) Pay of employees of the National Defense Stockpile program.
(M) Other expenses of the National Defense Stockpile program.
(3) Moneys in the fund shall remain available until expended.
(c) Moneys received from sale of materials being rotated or disposed of
All moneys received from the sale of materials being rotated under the provisions of section 98e(a)(4) of this title or disposed of under section 98f(a) of this title shall be covered into the fund and shall be available only for the acquisition of replacement materials.
(d) Effect of barteringIf, during a fiscal year, the National Defense Stockpile Manager barters materials in the stockpile for the purpose of acquiring, upgrading, refining, or processing other materials (or for services directly related to that purpose), the contract value of the materials so bartered shall—
(1) be applied toward the total value of materials that are authorized to be disposed of from the stockpile during that fiscal year;
(2) be treated as an acquisition for purposes of satisfying any requirement imposed on the National Defense Stockpile Manager to enter into obligations during that fiscal year under subsection (b)(2); and
(3) not increase or decrease the balance in the fund.
(June 7, 1939, ch. 190, § 9, as added Pub. L. 96–41, § 2(a), July 30, 1979, 93 Stat. 323; amended Pub. L. 97–35, title II, § 203(d), Aug. 13, 1981, 95 Stat. 382; Pub. L. 99–661, div. C, title II, § 3203(a), Nov. 14, 1986, 100 Stat. 4067; Pub. L. 100–180, div. C, title II, § 3204, Dec. 4, 1987, 101 Stat. 1247; Pub. L. 101–189, div. C, title XXXIII, § 3312(b), Nov. 29, 1989, 103 Stat. 1688; Pub. L. 101–510, div. C, title XXXIII, § 3301(c), Nov. 5, 1990, 104 Stat. 1845; Pub. L. 102–190, div. C, title XXXIII, § 3311(a), Dec. 5, 1991, 105 Stat. 1584; Pub. L. 102–484, div. C, title XXXIII, § 3313, Oct. 23, 1992, 106 Stat. 2653; Pub. L. 103–160, div. C, title XXXIII, § 3313, Nov. 30, 1993, 107 Stat. 1962; Pub. L. 105–261, div. C, title XXXIII, § 3304, Oct. 17, 1998, 112 Stat. 2264; Pub. L. 113–66, div. A, title XIV, § 1411(b), Dec. 26, 2013, 127 Stat. 934.)