§98h — Title 50 War and National Defense | U.S. Code

Summary

Creates a separate fund in the U.S. Treasury called the National Defense Stockpile Transaction Fund. All money from sales of stockpile materials under sections 98e(a)(5) and 98e(a)(6) must go into the fund. As allowed by section 98d(a)(1) and by annual budget laws, that money can be used to buy, keep, move, and sell strategic and critical materials under section 98e(a); pay transport, storage, testing, and quality work; update material specifications and upgrade stockpiled items; support conservation, studies, planning, and activities under section 98h–6; hire contractors to improve or develop materials; fix or improve stockpile facilities; dispose of hazardous stockpile materials authorized by law; do environmental cleanup or compliance required by federal law or agreements; pay stockpile program employees; and cover other program costs. The money in the fund stays available until it is spent. Money received from sales of rotated materials under section 98e(a)(4) or from disposals under section 98f(a) must also go into the fund but may only be used to buy replacement materials. If the National Defense Stockpile Manager barters stockpile materials in a fiscal year to get, upgrade, refine, or process other materials (or related services), the contract value of what was bartered must count toward the total value allowed to be disposed of that year, must count as an acquisition for meeting the obligation rules in subsection (b)(2), and must not change the fund’s balance.

Title 50, §98h

War and National Defense — Source: USLM XML via OLRC

(a)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)(1)All moneys received from the sale of materials in the stockpile under paragraphs (5) and (6) of section 98e(a) of this title 11 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)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)If, 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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Paragraphs (5) and (6) of section 98e(a) of this title, referred to in subsec. (b)(1), were redesignated as paragraphs (6) and (7) of section 98e(a) of this title by Pub. L. 113–66, div. A, title XIV, § 1411(a), Dec. 26, 2013, 127 Stat. 934.

Prior Provisions

A prior section 98h, act

June 7, 1939, ch. 190, § 9, as added

July 23, 1946, ch. 590, 60 Stat. 600, related to disposition of receipts, prior to repeal by section 2(a) of Pub. L. 96–41. See section 98h(b)(1) of this title.

Amendments

2013—Subsec. (b)(2)(D) to (M). Pub. L. 113–66 added subpar. (D) and redesignated former subpars. (D) to (L) as (E) to (M), respectively. 1998—Subsec. (b)(2)(J) to (L). Pub. L. 105–261 added subpar. (J) and redesignated former subpars. (J) and (K) as (K) and (L), respectively. 1993—Subsec. (b)(2)(J), (K). Pub. L. 103–160, § 3313(a), added subpars. (J) and (K). Subsec. (b)(4). Pub. L. 103–160, § 3313(b), struck out par. (4) which read as follows: “Notwithstanding paragraph (2), moneys in the fund may not be used to pay salaries and expenses of stockpile employees.” 1992—Subsec. (b)(2)(A). Pub. L. 102–484, § 3313(a)(1), inserted “, maintenance, and disposal” after “acquisition” and substituted “section 98e(a)” for “section 98e(a)(1)”. Subsec. (b)(2)(B). Pub. L. 102–484, § 3313(a)(2), substituted “such acquisition, maintenance, and disposal” for “such acquisition”. Subsec. (b)(2)(H), (I). Pub. L. 102–484, § 3313(b), added subpars. (H) and (I). Subsec. (b)(4). Pub. L. 102–484, § 3313(c), added par. (4). 1991—Subsec. (b)(2)(G). Pub. L. 102–190 added subpar. (G). 1990—Subsec. (d). Pub. L. 101–510 added subsec. (d). 1989—Subsec. (b)(2)(F). Pub. L. 101–189 added subpar. (F). 1987—Subsec. (b)(2)(F). Pub. L. 100–180 struck out subpar. (F) which related to other reasonable requirements for management of stockpile. 1986—Subsec. (b)(1). Pub. L. 99–661, § 3203(a)(1), struck out “Such moneys shall remain in the fund until appropriated.” after “covered into the fund.” Subsec. (b)(2), (3). Pub. L. 99–661, § 3203(a)(2), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: “(2) Moneys covered into the fund under paragraph (1) shall be available, when appropriated therefor, only for the acquisition of strategic and critical materials under section 98e(a)(1) of this title (and for transportation related to such acquisition). “(3) Moneys in the fund, when appropriated, shall remain available until expended, unless otherwise provided in appropriation Acts.” 1981—Subsec. (b). Pub. L. 97–35 in par. (1) struck out provisions relating to moneys remaining in the fund at the end of the third fiscal year following the fiscal year in which received, and in par. (3) substituted provisions respecting funds remaining available until expended, for provisions relating to funds remaining available for a period of five fiscal years.

Statutory Notes and Related Subsidiaries

Use of Funds From National Defense Stockpile Transaction Fund To Meet National Defense Stockpile Goals and Specifications in Effect on October 1, 1984 Pub. L. 100–440, title V, § 518, Sept. 22, 1988, 102 Stat. 1748, directed that, no later than Oct. 1, 1989, Administrator of General Services, or any Federal officer assuming Administrator’s responsibilities with respect to management of the stockpile, to use all funds authorized and appropriated before Jan. 1, 1985, from National Defense Stockpile Transaction Fund to evaluate, test, relocate, upgrade or purchase stockpile materials to meet National Defense Stockpile goals and specifications in effect on Oct. 1, 1984. Similar provisions were contained in the following prior appropriation acts: Pub. L. 100–202, § 101(m) [title V, § 519], Dec. 22, 1987, 101 Stat. 1329–390, 1329–417. Pub. L. 99–500, § 101(m) [title V, § 520], Oct. 18, 1986, 100 Stat. 1783–308, 1783–326, and Pub. L. 99–591, § 101(m) [title V, § 520], Oct. 30, 1986, 100 Stat. 3341–308, 3341–326. Deposit of Funds Accruing From Naval Petroleum Reserves Pub. L. 98–525, title IX, § 905, Oct. 19, 1984, 98 Stat. 2574, as amended by Pub. L. 99–145, title XVI, § 1611(a), Nov. 8, 1985, 99 Stat. 776, authorized the deposit into the National Defense Stockpile Transaction Fund, established under this section, of 30 percent of all money accruing to the United States during fiscal years 1985 and 1986 from lands in the naval petroleum and oil shale reserves.

§98h National Defense Stockpile Transaction Fund