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and all territory and waters, continental and insular, subject to the jurisdiction of the United States.

(b) Presidential powers

In time of war the President is authorized and empowered, in addition to all other existing provisions of law:

First. Within the limits of the amounts appropriated therefor, to place an order with any person for such ships or war material as the necessities of the Government, to be determined by the President, may require and which are of the nature, kind, and quantity usually produced or capable of being produced by such person. Compliance with all such orders shall be obligatory on any person to whom such order is given, and such order shall take precedence over all other orders and contracts theretofore placed with such person. If any person owning, leasing, or operating any factory equipped for the building or production of ships or war material for the Navy shall refuse or fail to give to the United States such preference in the execution of such an order, or shall refuse to build, supply, furnish, or manufacture the kind, quantity, or quality of ships or war material so ordered at such reasonable price as shall be determined by the President, the President may take immediate possession of any factory of such person, or of any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Second. Within the limit of the amounts appropriated therefor, to modify or cancel any existing contract for the building, production, or purchase of ships or war material; and if any contractor shall refuse or fail to comply with the contract as so modified the President may take immediate possession of any factory of such contractor, or any part thereof without taking possession of the entire factory, and may use the same at such times and in such manner as he may consider necessary or expedient.

Third. To require the owner or occupier of any factory in which ships or war material are built or produced to place at the disposal of the United States the whole or any part of the output of such factory, and, within the limit of the amounts appropriated therefor, to deliver such output or parts thereof in such quantities and at such times as may be specified in the order at such reasonable price as shall be determined by the President.

Fourth. To requisition and take over for use or operation by the Government any factory, or any part thereof without taking possession of the entire factory, whether the United States has or has not any contract or agreement with the owner or occupier of such factory.

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occupy, requisition, or take over any factory or part thereof, or any ships or war material, in accordance with the provisions of subsection (b) of this section, it shall make just compensation therefor, to be determined by the President, and if the amount thereof so determined by the President is unsatisfactory to the person entitled to receive the same, such person shall be paid fifty per centum of the amount so determined by the President and shall be entitled to sue the United States to recover such further sum as added to said fifty per centum shall make up such amount as will be just compensation therefor, in the manner provided for by section 1346 or section 1491 of title 28.

(Mar. 4, 1917, ch. 180, 39 Stat. 1192.)

REFERENCES IN TEXT

For definition of Canal Zone, referred to in subsec. (a), see section 3602(b) of Title 22, Foreign Relations and Intercourse.

CODIFICATION

In subsec. (d), “section 1346 or section 1491 of title 28" was substituted for "section twenty-four, paragraph twenty, and section one hundred and forty-five of the Judicial Code" (those sections classified to sections 41(20) and 250 of former Title 28, Judicial Code and Judiciary) on authority of act June 25, 1948, ch. 646, 62 Stat. 869, section 1 of which enacted Title 28, Judiciary and Judicial Procedure. Section 1346 of Title 28 sets forth the basic jurisdiction of the district courts in cases in which the United States is defendant. Section 1491 of Title 28 sets forth the basic jurisdiction of the United States Court of Claims. Sections 24(20) and 145 of the Judicial Code were also classified to sections 1496, 1501, 1503, 2401, 2402, and 2501 of Title 28.

SIMILAR PROVISIONS

Similar provisions were contained in the Naval Appropriation Act, 1918, act July 1, 1918, ch. 114, 40 Stat. 719, which terminated six months after the treaty of peace between the United States and Germany (Oct. 18, 1921).

TERMINATION of War and EMERGENCIES

Act July 25, 1947, ch. 327, § 3, 61 Stat. 451, provided that in the interpretation of the provisions of this section, which authorized the President to acquire, through construction or conversion, ships, landing craft, and other vessels, the date July 25, 1947, shall be deemed to be the date of termination of any state of war theretofore declared by Congress and of the national emergencies proclaimed by the President on Sept. 8, 1939, and May 27, 1941.

§§ 83 to 85. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Section 83, act May 29, 1928, ch. 853, § 1, 45 Stat. 928, related to ammunition for the use of the Army and the Navy, storage and dispersal, control by a joint board of officers. See section 172 of Title 10, Armed Forces.

Section 84, act Mar. 3, 1875, ch. 133, § 1, 18 Stat. 455, related to expenditure at armories for perfection of patentable inventions.

Section 85, act Mar. 3, 1921, ch. 128, § 6, 41 Stat. 1352, authorized the Secretary of War to proceed with the installation of guns and howitzers.

§8 86 to 88. Omitted

CODIFICATION

Sections 86 to 88, act Feb. 15, 1936, ch. 74, §§ 1 to 3, 49 Stat. 1140, related to conservation of domestic sources of tin, and were superseded by the Export Control Act of 1949 (former sections 2021 to 2032 of the Appendix to this title) pursuant to section 10 of that Act (former section 2030 of the Appendix to this title). The act of Feb. 15, 1936 was subsequently superseded by the Export Administration Act of 1969 (former sections 2401 to 2413 of the Appendix to this title) pursuant to section 12 of that Act (former section 2411 of the Appendix to this title). See, also, the Export Administration Act of 1979, which is classified to section 2401 of the Appendix to this title.

Section 86, act Feb. 15, 1936, ch. 74, § 1, 49 Stat. 1140, related to conservation of domestic resources of tin.

Section 87, act Feb. 15, 1936, ch. 74, § 2, 49 Stat. 1140, related to prohibition of exportation except on license.

Section 88, act Feb. 15, 1936, ch. 74, § 3, 49 Stat. 1140, related to penalties for violations of sections 86 and 87 of this title.

SUBCHAPTER II-EDUCATION AND EXPERIMENTATION IN DEVELOPMENT OF MUNITIONS AND MATERIALS FOR NATIONAL DEFENSE

§§ 91 to 94. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Section 91, act June 16, 1938, ch. 458, § 1, 52 Stat. 707, authorized the Secretary of War to place educational orders for munitions of special or technical design.

Section 92, act June 16, 1938, ch. 458, § 2, 52 Stat. 708, related to production equipment.

Section 93, act June 16, 1938, ch. 458, § 3, 52 Stat. 708, placed certain limitations on the number of orders.

Section 94, acts June 16, 1938, ch. 458, § 4, 52 Stat. 708; Apr. 3, 1939, ch. 35, § 13, 53 Stat. 560, related to availability of appropriations for the purposes of sections 91 to 94 of this title.

§ 95. Omitted

CODIFICATION

Section, act June 30, 1938, ch. 852, 52 Stat. 1255, authorized an appropriation of $2,000,000 to remain until expended for the purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing.

§ 96. Repealed. Aug. 10, 1956, ch. 1041, § 53, 70A Stat. 641

Section, act July 15, 1939, ch. 283, 53 Stat. 1042, related to purchase by the Secretary of War of equipment for experimental and test purposes. See sections 4504 and 9504 of Title 10, Armed Forces.

SUBCHAPTER III-ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 2093 of Appendix to this title; title 7 sections 1301, 1347, 1743, 1745, 1856; title 15 section 714b; title 30 sections 683, 1604; title 31 section 5116; title 40 section 474; title 42 section 5821.

§ 98. Short title

This subchapter may be cited as the "Strategic and Critical Materials Stock Piling Act".

(June 7, 1939, ch. 190, § 1, as added July 30, 1979, Pub. L. 96–41, § 2(a), 93 Stat. 319.)

PRIOR PROVISIONS

A prior section 98, acts June 7, 1939, ch. 190, § 1, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596, which related to declaration of Congressional policy in enacting this subchapter, was repealed by section 2(a) of Pub. L. 96-41.

SHORT TITLE OF 1979 AMENDMENT

Section 1 of Pub. L. 96-41 provided: "That this Act [enacting sections 98 to 98h-3 of this title, redesignating former section 98h-1 of this title as 98h-4 of this title, amending section 2093 of the Appendix to this title, sections 1743 and 1745 of Title 7, Agriculture, section 741b of Title 15, Commerce and Trade, and section 485 of Title 40, Public Buildings, Property, and Works, enacting a provision set out as a note under this section, and repealing a provision set out as a note under this section] may be cited as the 'Strategic and Critical Materials Stock Piling Revision Act of 1979'."

SHORT TITLE

Act June 7, 1939, ch. 190, § 11, formerly § 10, as added by act July 23, 1946, ch. 590, 60 Stat. 596, and renumbered by Pub. L. 92-156, title V, § 503(1), Nov. 17, 1971, 85 Stat. 427, which provided that this Act, which enacted this subchapter, be cited as the "Strategic and Critical Materials Stock Piling Act", was repealed by Pub. L. 96-41, § 2(b)(2), July 30, 1979, 93 Stat. 324.

NEW BUDGET AUTHORITY

Section 4 of Pub. L. 96-41 provided that: "Any provision authorizing the enactment of new budget authority contained in the amendments made by this Act [see Short Title of 1979 Amendment note above] shall be effective on October 1, 1979."

Ex. ORD. No. 12155. DELEGATION OF FUNCTIONS OF PRESIDENT

Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, provided:

By the authority vested in me as President of the United States of America by the Strategic and Critical Materials Stock Piling Act, as amended (50 U.S.C. 98 et seq.), and by Section 301 of Title 3 of the United States Code, and in order to provide for the performance of certain functions previously performed by agencies pursuant to their own authority, it is hereby ordered, effective July 30, 1979, as follows:

1-101. The functions vested in the President by Section 3 of the Strategic and Critical Materials Stock Piling Act, as amended, hereinafter referred to as the Act (50 U.S.C. 98b), are delegated to the Director of the Federal Emergency Management Agency.

1-102. The functions vested in the President by Section 6 of the Act (50 U.S.C. 98e) are delegated to the Administrator of General Services.

1-103. (a) The functions vested in the President by Section 8(a) of the Act (50 U.S.C. 98g(a)) are delegated to the Secretary of the Interior.

(b) The functions vested in the President by Section 8(b) of the Act (50 U.S.C. 98g(b)) are delegated to the Secretary of Agriculture.

1-104. The functions vested in the President by Section 10 of the Act (50 U.S.C. 98h-1) are delegated to the Administrator of General Services.

1-105. The functions vested in the President by Section 11 of the Act (50 U.S.C. 98h-2) are delegated to the Director of the Federal Emergency Management Agency. The Secretaries of the Interior and of Agriculture and the Administrator of General Services shall submit biannually a written report to the Direc

tor. The report shall detail their performance of functions under the Act and this Order.

1-106. Section 4-101 of Executive Order No. 12148 [set out as a note under section 2251 of the Appendix to this title] is revoked and the following new Sections 4-205 and 4-206 are added thereto:

"4-205. Effective July 30, 1979, the functions vested in the President by Section 4(h) of the Commodity Credit Corporation Charter Act, as amended (15 U.S.C. 714b(h)), are hereby delegated to the Director of the Federal Emergency Management Agency."

"4-206. Effective July 30, 1979, the functions vested in the President by Section 204(f) of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 485(f)), are hereby delegated to the Director of the Federal Emergency Management Agency.".

JIMMY CARTER.

§ 98a. Congressional findings and declaration of purpose

(a) The Congress finds that the natural resources of the United States in certain strategic and critical materials are deficient or insufficiently developed to supply the military, industrial, and essential civilian needs of the United States for national defense.

(b) It is the purpose of this subchapter to provide for the acquisition and retention of stocks of certain strategic and critical materials and to encourage the conservation and development of sources of such materials within the United States and thereby to decrease and to preclude, when possible, a dangerous and costly dependence by the United States upon foreign sources for supplies of such materials in times of national emergency.

(June 7, 1939, ch. 190, § 2, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 319.)

PRIOR PROVISIONS

A prior section 98a, acts June 7, 1939, ch. 190, § 2, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 596; 1953 Reorg. Plan No. 3, § 2(b), 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, Pub. L. 90-608, § 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175, which related to determination of strategic and critical materials, the quantity and quality to be purchased, formation and functions of industry advisory committees, and the subsistence and traveling expenses of members of those committees, was repealed by section 2(a) of Pub. L. 96-41.

Provisions similar to those comprising this section were contained in former section 98 of this title prior to repeal of that section by Pub. L. 96-41.

§ 98b. National Defense Stockpile

(a) Determination of materials; quantities

The President shall determine from time to time (1) which materials are strategic and critical materials for the purposes of this subchapter, and (2) the quality and quantity of each such material to be acquired for the purposes of this subchapter and the form in which each such material shall be acquired and stored. Such materials when acquired, together with the other materials described in section 98c of this title, shall constitute and be collectively known as the National Defense Stockpile (hereinafter in this subchapter referred to as the "stockpile").

(b) Guidelines for exercise of Presidential authority

The President shall make the determinations required to be made under subsection (a) of this section on the basis of the following principles:

(1) The purpose of the stockpile is to serve the interest of national defense only and is not to be used for economic or budgetary purposes.

(2) The quantities of the materials stockpiled should be sufficient to sustain the United States for a period of not less than three years in the event of a national emergency.

(c) Quantity revision; notification to Congressional committees

The quantity of any material to be stockpiled under this subchapter, as determined under subsection (a) of this section, may not be revised unless the Committees on Armed Services of the Senate and House of Representatives are notified in writing of the proposed revision and the reasons for such revision at least thirty days before the effective date of such revision. (June 7, 1939, ch. 190, § 3, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 319.)

PRIOR PROVISIONS

A prior section 98b, acts June 7, 1939, ch. 190, § 3, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 597; Aug. 2, 1946, ch. 753, title I, §§ 102, 121, 60 Stat. 815, 822; June 30, 1949, ch. 288, title I, § 102(a), 63 Stat. 380; 1953 Reorg. Plan No. 3, § 2(b), 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, Pub. L. 90-608, § 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175, which related to purchase, storage, refinement, rotation, and disposal of materials, was repealed by section 2(a) of Pub. L. 96-41. See section 98e of this title.

Provisions similar to those comprising this section were contained in former section 98a of this title prior to repeal of that section by Pub. L. 96-41.

DELEGATION OF FUNCTIONS

Functions of the President under this section, were delegated to the Director of the Federal Emergency Management Agency by section 1-101 of Ex. Ord. No. 12155, Sept. 10, 1979, 44 F.R. 53071, set out under section 98 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 98e, 98g of this title; title 15 section 714b.

§ 98c. Materials constituting the National Defense Stockpile

(a) The stockpile consists of the following materials:

(1) Materials acquired under this subchapter and contained in the national stockpile on the day before July 30, 1979.

(2) Materials acquired under this subchapter on or after July 30, 1979.

(3) Materials in the supplemental stockpile established by section 1704(b) of title 7 (as in effect from September 21, 1959, through December 31, 1966) on the day before July 30, 1979.

(4) Materials acquired by the United States under the provisions of section 2093 of the Appendix to this title and transferred to the

stockpile by the President pursuant to subsection (f) of such section.

(5) Materials transferred to the United States under section 2423 of title 22 that have been determined to be strategic and critical materials for the purposes of this subchapter and that are allocated by the President under subsection (b) of such section for stockpiling in the stockpile.

(6) Materials acquired by the Commodity Credit Corporation and transferred to the stockpile under section 714b(h) of title 15.

(7) Materials acquired by the Commodity Credit Corporation under paragraph (2) of section 1743(a) of title 7, and transferred to the stockpile under the third sentence of such section.

(8) Materials transferred to the stockpile by the President under paragraph (4) of section 1743(a) of title 7.

(9) Materials transferred to the stockpile under subsection (b) of this section.

(b) Notwithstanding any other provision of law, any material that (1) is under the control of any department or agency of the United States, (2) is determined by the head of such department or agency to be excess to its needs and responsibilities, and (3) is required for the stockpile shall be transferred to the stockpile. Any such transfer shall be made without reimbursement to such department or agency, but all costs required to effect such transfer shall be paid or reimbursed from funds appropriated to carry out this subchapter.

(June 7, 1939, ch. 190, § 4, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 320.)

PRIOR PROVISIONS

A prior section 98c, acts June 7, 1939, ch. 190, § 4, 53 Stat. 811; July 23, 1946, ch. 590, 60 Stat. 598; 1953 Reorg. Plan No. 3, § 2(b), 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, Pub. L. 90-608, § 402, 82 Stat. 1194; Ex. Ord. No. 11725, § 3, eff. June 29, 1973, 38 F.R. 17175; Apr. 21, 1976, Pub. L. 94-273, § 37, 90 Stat. 380, which required reports to Congress, was repealed by section 2(a) of Pub. L. 96-41. See section 98h-2 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98b of this title. § 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 30 days has passed from the date of the receipt of such statement by such committees or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction. 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.

(b) Disposal

Except for disposals made under the authority of paragraph (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 (1) unless such disposal, including the quantity of the material to be disposed of, has been specifically authorized by law, or (2) if the disposal would result in there being a balance in the National Defense Stockpile Transaction Fund in excess of $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.

(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, § 5, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 321, and amended Aug. 13, 1981, Pub. L. 97-35, title II, § 203(a), (b), 95 Stat. 381, 382.)

PRIOR PROVISIONS

A prior section 98d, act June 7, 1939, ch. 190, § 5, 53 Stat. 812; July 23, 1946, ch. 590, 60 Stat. 598, which related to release of stock pile materials, was repealed by section 2(a) of Pub. L. 96-41. See section 98f of this title.

Provisions similar to those comprising this section were contained in former sections 98b and 98g of this title prior to repeal of those sections by Pub. L. 96-41.

AMENDMENTS

1981-Subsec. (a). Pub. L. 97-35, § 203(a), designated existing provisions as par. (1) and, as so designated, added applicability to other incidental expenses, and 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, § 203(b), inserted designation for cl. (1) and added cl. (2).

EFFECTIVE DATE OF 1981 AMENDMENT

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

DISPOSAL OF STRATEGIC AND CRITICAL MATERIALS; AUTHORIZATION

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, § 101(c) [title VII, § 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, § 788, Dec. 29, 1981, 95 Stat. 1592, provided that: "After the date of enactment of this Act [Dec. 29, 1981] no sale of silver from the National Defense Stockpile under the authority of Public Law 97-35 [see Tables for classification], or any other Act, shall occur until the President, not later than July 1, 1982, redetermines that the silver authorized for disposal is excess to the requirements of the stockpile, taking into consideration such factors as the President considers relevant, including the following factors:

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