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50 U.S.C. § 98hNational Defense Stockpile Transaction Fund

submitted 87 years ago by Pub. L. 96-41 to r/title-50-WAR-AND-NATIONAL-DEFENSE · 502 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section creates a special Treasury fund fed by stockpile sale proceeds. The fund pays for a long list of stockpile expenses — from acquiring and storing materials to paying program staff — and bartered materials count toward disposal totals without changing the fund's balance.

(a) The Treasury creates a separate fund called the National Defense Stockpile Transaction Fund (called “the fund” in this section). (b)(1) All money from selling stockpile materials under section 98e(a)(5) and (6) goes into the fund. (b)(2) Subject to section 98d(a)(1), and subject to any limits an appropriations law sets, money in the fund can pay for: (A) acquiring, maintaining, and disposing of strategic and critical materials under section 98e(a); (B) transportation, storage, and other related costs of those activities; (C) updating stockpile material specifications and upgrading existing materials to meet them (including related transportation when it's cost-effective); (D) encouraging conservation of strategic and critical materials; (E) testing and quality studies of stockpile materials; (F) studying future material and mobilization needs for the stockpile; (G) activities authorized under section 98h–6; (H) contracting, through competitive procedures, for materials development and research to improve stockpiled materials and develop new ones for the stockpile; (I) improving or rehabilitating facilities and infrastructure needed to keep stockpile materials intact; (J) disposing of hazardous materials stored in the stockpile that the law authorizes disposing of; (K) environmental cleanup, restoration, waste management, or compliance work at stockpile sites required by federal law or undertaken under a government decision or agreement; (L) paying National Defense Stockpile program employees; and (M) other expenses of the program. (b)(3) Money in the fund stays available until it's spent. (c) Money from selling materials that are being rotated under section 98e(a)(4), or disposed of under section 98f(a), also goes into the fund — but it can only be used to acquire replacement materials. (d) If, during a fiscal year, the Stockpile Manager barters stockpile materials to acquire, upgrade, refine, or process other materials (or for related services), the value of the bartered materials: (1) counts toward the total value of materials authorized for disposal that year; (2) counts as an acquisition for meeting any obligation requirement under subsection (b)(2) that year; and (3) does not change the fund's balance, up or down.
the actual law source: uscode.house.gov ↗public domain
(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 title1 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 bartering

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.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1939Enacted · Pub. L. 96-41 · 93 Stat. 323
  • 1981Amended · Pub. L. 97-35 · 95 Stat. 382
  • 1986Amended · Pub. L. 99-661 · 100 Stat. 4067
  • 1987Amended · Pub. L. 100-180 · 101 Stat. 1247
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1688
  • 1990Amended · Pub. L. 101-510 · 104 Stat. 1845
  • 1991Amended · Pub. L. 102-190 · 105 Stat. 1584
  • 1992Amended · Pub. L. 102-484 · 106 Stat. 2653
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1962
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2264
  • 2013Amended · Pub. L. 113-66 · 127 Stat. 934

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-41 on 1939-06-07.

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