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374,000 short

tons

(contained) 88,500 short

tons O short tons

1,240,000 long calcined

tons 1,060,000

pounds

tive day is a day on which both Houses of Congress are in session. (June 7, 1939, ch. 190, $ 3, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 319; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, $ 3202(a), 101 Stat. 1245; Sept. 29, 1988, Pub. L. 100-456, div. A, title XII, § 1233(b)(2), 102 Stat. 2057; Oct. 23, 1992, Pub. L. 102-484, div. C, title XXXIII, § 3311, 106 Stat. 2653.)

PRIOR PROVISIONS A prior section 98b, acts June 7, 1939, ch. 190, 83, 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, related to purchase, storage, refinement, rotation, and disposal of materi. als, prior to repeal by section 2(a) of Pub. L. 96-41. See section 98e of this title.

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

AMENDMENTS 1992–Subsec. (c)(2) to (5). Pub. L. 102-484 added par. (2) and struck out former pars. (2) to (5) which read as follows:

“(2) If the President proposes to change the quantity of any material to be stockpiled under this subchapter, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 98h-2(b) of this title.

"(3) If the proposed change in the case of any material would result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the President effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to paragraph (2).

(4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law.

"(5) If in any year the reports required by sections 98h-2(b) and 98h-5 of this title are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quantity of any material to be stockpiled under this subchapter."

1988–Subsec. (c)(1). Pub. L. 100-456 substituted “December 4, 1987" for "the date of the enactment of the National Defense Stockpile Amendments of 1987", which for purposes of codification had been translated as “December 4, 1987”, thus requiring no change in text.

1987–Subsec. (a). Pub. L. 100-180, § 3202(a)(1), substituted "Subject to subsection (c) of this section, the" for "The".

Subsec. (b). Pub. L. 100-180, $ 3202(a)(2), substituted "the principles stated in section 98a(c) of this title." for “the following principles:" and struck out cls. (1) and (2) which related to purpose of National Defense Stockpile and quantities of materials stockpiled.

Subsec. (c). Pub. L. 100-180, $ 3202(a)(3), added subsec. (c) and struck out former subsec. (c) which read as follows: "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

695,000 short

dry tons 12,520,000

pounds
(contained)

7,730,000

carats 900,000 short

dry tons

Aluminum oxide,

abrasive grain group......

638,000 short

tons

(contained) Antimony

36,000 short

tons Asbestos, amosite. 17,000 short

tons Bauxite, refractory ..... 1,400,000 long

calcined

tons Bismuth ......

2,200,000

pounds Chromite, refractory grade ore ...

850,000 short

dry tons Columbium group ....... 4,850,000

pounds

(contained) Diamond, industrial group..........

29,730,000

carats Fluorspar, acid grade. 1,400,000

short dry

tons Fluorspar,

metallurgical grade .........

1,700,000

short dry

tons Graphite, natural,

malagasy, crystalline

20,000 short

tons Graphite, natural,

other than Ceylon
and Malagasy ...... 2,800 short

tons Manganese, battery grade group..... 87,000 short

dry tons Mica, muscovite

block, stained and better ......

6,200,000

pounds Natural insulation fibers ..........

1,500,000

pounds Platinum group metals, iridium ...... 98,000 troy

ounces Platinum group metals, palladium .... 3,000,000 troy

ounces

310,000 short

dry tons

14,200 short

tons

1,930 short

tons

50,000 short

dry tons

2,500,000

pounds

O pounds

86,000 troy

ounces

2,150,000 troy

ounces

[blocks in formation]

Talc, steatite block

and lump Tungsten group.

[blocks in formation]

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, required reports to Congress, prior to repeal 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 sections 98, 98g, 98h-6 of this title; title 15 section 714b; title 22 section 2796d.

AMENDMENTS 1986–Pub. L. 99-661 substituted "on July 29, 1979" for "on the day before the date of the date of enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in pars. (1) and (3), and “after July 29, 1979" for "on or after the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in par. (2).

CLARIFICATION OF STOCKPILE STATUS OF CERTAIN

MATERIALS Pub. L. 102-484, div. C, title XXXIII, § 3315, Oct. 23, 1992, 106 Stat. 2654, as amended by Pub. L. 103-337, div. A, title X, § 1070(c)(4), Oct. 5, 1994, 108 Stat. 2858, provided that: “All materials purchased under section 303 of the Defense Production Act of 1950 (50 U.S.C. App. 2093) and held in the Defense Production Act inventory as of June 30, 1992, are hereby transferred to the National Defense Stockpile and shall be managed, controlled, and subject to disposal by the National Defense Stockpile Manager as provided in the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98a et seq.) (50 U.S.C. 98 et seq.]."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98b of this title.

8 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 July 29, 1979.

(2) Materials acquired under this subchapter after July 29, 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 July 29, 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; amended Nov. 14, 1986, Pub. L. 99-661, div. C, title II, $ 3207(a)(1), 100 Stat. 4069.)

8 98d. Authority for stockpile operations

(a) Funds appropriated for acquisitions; proposed

stockpile transactions; significant changes there.

in (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 Presi. dent has submitted a full statement of the proposed transaction to the appropriate commit

disposal would result in there being a balance in the fund in excess of $500,000,000".

1981–Subsec. (a). Pub. L. 97-35, $ 203(a), designated existing provisions as par. (1), inserted applicability to other incidental expenses, 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 1984 AMENDMENT Section 903(b) of Pub. L. 98-525, as amended by Pub. L. 99-145, title XVI, § 1611(b), Nov. 8, 1985, 99 Stat. 776, provided in part that the amendment by section 903(b) of Pub. L. 98-525, is effective Oct. 1, 1987.

EFFECTIVE DATE OF 1981 AMENDMENT

tees of Congress and a period of 45 days has passed from the date of the receipt of such statement by such committees. (b) Disposal

Except for disposals made under the authority of paragraph (3), (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 unless such disposal, including the quantity of the material to be disposed of, has been specifically authorized by law. (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; amended Aug. 13, 1981, Pub. L. 97-35, title II, § 203(a), (b), 95 Stat. 381, 382; Oct. 19, 1984, Pub. L. 98-525, title IX, $ 903, 98 Stat. 2573; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, § 3207(a)(2), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, § 3206(a), 101 Stat. 1247; Oct. 23, 1992, Pub. L. 102-484, div. C, title XXXIII, $ 3312, 106 Stat. 2653; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIII, § 3312, 107 Stat. 1962.)

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

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

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

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

AMENDMENTS 1993–Subsec. (a)(2). Pub. L. 103-160 substituted "and a period of 45 days has passed from the date of the receipt of such statement by such committees." for "and a period of 30 days has passed from the date of the receipt of such statement by such committees. 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."

1992–Subsec. (b). Pub. L. 102-484 struck out “(1)" after "the stockpile" and ", or (2) if the disposal would result in there being an unobligated balance in the National Defense Stockpile Transaction Fund in excess of $100,000,000" after "authorized by law”.

1987-Subsec. (aX2). Pub. L. 100-180 struck out "or until each such committee, before the expiration of such period, notifies the President that it has no objection to the proposed transaction" before period at end of first sentence.

1986–Subsec. (b). Pub. L. 99-661 substituted “paragraph (3), (4), or (5)” for "paragraph (4) or (5)".

1984–Subsec. (b)2). Pub. L. 98-525, $ 903(b), substituted "$100,000,000" for "$250,000,000".

Pub. L. 98-525, $ 903(a), substituted "an unobligated balance" for "a balance" where first appearing and "$250,000,000" for "$1,000,000,000 or, in the case of a disposal to be made after September 30, 1983, if the

LIMITATION ON AUTHORITY TO DISPOSE OF ZINC Pub. L. 103-337, div. C, title XXXIII, § 3304, Oct. 5, 1994, 108 Stat. 3098, provided that:

(a) LIMITATION ON DISPOSAL AUTHORITY.-The disposal of zinc from the National Defense Stockpile pursuant to any disposal authority provided by law may not commence before April 1, 1995.

"(b) CONDITION ON DISPOSAL AFTER EXPIRATION OF LIMITATION.-If any quantity of zinc is proposed for disposal from the National Defense Stockpile during fiscal year 1995 upon the expiration of the limitation prescribed under subsection (a), the President shall submit to Congress not later than February 15, 1995, a revised annual materials plan under section 11(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2[(b)]) that specifically describes the proposed disposals. The revised plan shall include the views of the Market Impact Committee regarding the market impact of the disposals, as required under section 10(c) of such Act (50 U.S.C. 98h-1(c)).

"(c) EFFECT ON TRANSFERS OF ZINC TO OTHER FEDERAL AGENCIES.-Nothing in this section shall limit the authority of the National Defense Stockpile Manager to transfer zinc in the National Defense Stockpile to the jurisdiction and control of another Federal agency for official Government use.

“(d) NATIONAL DEFENSE STOCKPILE DEFINED.-The term 'National Defense Stockpile' means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c)."

NATIONAL DEFENSE STOCKPILE MODERNIZATION

PROGRAM

Section 3301 of Pub. L. 103-160 provided that:

"(a) DISPOSAL AUTHORIZED.-Subject to the condi. tions specified in subsection (b), the President may dispose of obsolete and excess materials currently contained in the National Defense Stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c) in order to modernize the stockpile. The materials subject to disposal under this subsection and the quantity of each material authorized to be disposed of by the President are set forth in the following table:

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Analgesics...

53,525 pounds of

anhydrous morphine

alkaloid Antimony.

32,140 short tons
Diamond Dies, Small..... 25,473 pieces
Manganese, Electrolytic. 14,172 short tons
Mica, Muscovite Block, 1,866,166 pounds

Stained and Better.
Mica, Muscovite Film, 1st 158,440 pounds

& 2d quality. Mica, Muscovite

12,540,382 pounds Splittings. Quinidine.........

2,471,287 avoirdupois

ounces Quinidine, Non-Stockpile 1,691 avoirdupois ounces

Grade. Quinine

2,770,091 avoirdupois

ounces Quinine, Non-Stockpile 475,950 avoirdupois Grade.

ounces Rare Earths

504 short dry tons Vanadium Pentoxide ........... 718 short tons of

contained vanadium

"(b) CONDITIONS ON DISPOSAL.— The authority of the President under subsection (a) to dispose of materials stored in the National Defense Stockpile may not be used unless and until the Secretary of Defense certifies to Congress that the disposal of such materials will not adversely affect the capability of the stockpile to supply the strategic and critical materials necessary to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy of the United States, including any reconstitution of the military and industrial capabilities necessary to meet the planning assumptions used by the Secretary of Defense under section 14(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5(b))."

Section 3303(a) of Pub. L. 103-160 provided that: “During fiscal year 1994, the disposal of chromite and manganese ores of metallurgical grade under the authority of section 3302(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2649; 50 U.S.C. 98d note) may be made only for processing within the United States and the territories and possessions of the United States."

Sections 3301 to 3303 of Pub. L. 102-484, as amended by Pub. L. 103-160, div. C, title XXXIII, § 3303(b), Nov. 30, 1993, 107 Stat. 1961; Pub. L. 103-337, div. A, title X, $ 1070(c)(3), div. C, title XXXIII, § 3303, Oct. 5, 1994, 108 Stat. 2858, 3098, provided that: "SEC. 3301. DEFINITIONS. “For

purposes this subtitle (subtitle A ($$ 3301-3308) of title XXXIII of div. C of Pub. L. 102-484, enacting this note and provisions set out as a note under section 98h-1 of this title and amending provisions set out as a note below):

“(1) The terms 'National Defense Stockpile' and 'stockpile' mean the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c).

(2) The term 'National Defense Stockpile Transaction Fund' means the fund in the Treasury of the United States established under section 9(a) of the Strategic and Critical Materials Stock Piling Act (50

U.S.C. 98h(a)). "SEC. 3302. DISPOSAL OF OBSOLETE AND

EXCESS MATERIALS CONTAINED IN THE NA

TIONAL DEFENSE STOCKPILE. "(a) DISPOSAL AUTHORIZED.-Subject to the conditions specified in subsection (b), the President may dispose of obsolete and excess materials currently con

Aluminum Oxide,

51,022 short tons Abrasive Grain. Aluminum Oxide, Fused 249,867 short tons

Crude. Antimony

2,007 short tons Asbestos, Chrysotile .... 3,004 short tons Bauxite, Metal Grade, 12,457,740 long tons

Jamaican.
Bauxite, Metal Grade, 5,299,597 long tons

Surinam.
Bauxite, Refractory. 207,067 long tons
Beryl Ore...

17,729 short tons Bismuth

1,825,955 pounds Cadmium

6,328,570 pounds Chromite, Chemical 208,414 short dry tons

Grade Ore.
Chromite, Metallurgical 1,511,356 short dry tons

Grade Ore.
Chromite, Refractory 232,414 short dry tons

Grade Ore.
Chromium, Ferro

576,526 short tons Cobalt.......

13,000,000 pounds of

contained cobalt Copper......

29,641 short tons Diamond, Bort....

4,001,334 carats Diamond Stones

2,422,075 carats Fluorspar, Acid Grade 892,856 short dry tons Fluorspar, Metallurgical 410,822 short dry tons

Grade. Germanium....

713 kilograms Graphite, Natural,

10,573 short tons Malagasy, Crystalline. Graphite, Natural, Other 2,803 short tons

than Ceylon &

Malagasy. Iodine.

5,835,022 pounds Jewel bearings

51,778,337 pieces Lead.

610,053 short tons Manganese, Ferro

938,285 short tons Manganese Ore,

1,627,425 short dry tons Metallurgical Grade. Manganese, Battery 68,226 short dry tons

Grade, Natural Ore. Manganese, Battery

3,011 short dry tons Grade, Synthetic

Dioxide. Mercury

128,026 flasks (76-pounds) Mica, Phlogopite

963,251 pounds Splittings. Nickel

37,214 short tons Quartz Crystals, Natural.... 800,000 pounds Rutile

39,200 short tons Sapphire & Ruby.

16,305,502 carats Sebacic Acid .....

5,009,697 pounds Silicon Carbide

28,774 short tons Silver

83,951,492 troy ounces Tin.......

141,278 metric tons Vegetable Tannin,

4,976 long tons
Chestnut.
Vegetable Tannin,

28,832 long tons
Quebracho.
Vegetable Tannin, Wattle .. 15,000 long tons
Zinc ........

378,768 short tons

of

"(b) CONDITIONS ON DISPOSAL.–The authority of the President under subsection (a) to dispose of materials stored in the stockpile may not be used unless and until the President submits to Congress a revised

terials in the National Defense Stockpile in accordance with this section. The value of materials disposed of may not exceed $150,000,000 during such fiscal year. Such disposal may be made only as specified in subsection (b).

"(b) MATERIALS AUTHORIZED TO BE DISPOSED.—Any disposal under subsection (a) shall be made

“(1) from quantities of materials in the National Defense Stockpile previously authorized for disposal by law, including the materials authorized for disposal in accordance with the table contained in section 3302(b) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1686 (set out as a note below]); or

“(2) in the case of materials in the National Defense Stockpile that have been determined to be excess to the current requirements of the stockpile, in accordance with the following table:

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annual materials plan under section 11(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-2(b)) that,

"(1) complies with the requirements of section 10(c) of such Act (50 U.S.C. 98h-1), as added by section 3314; and

“(2) contains the certification of the Secretary of Defense that the disposal of such materials will not adversely affect the capability of the National Defense Stockpile to supply the strategic and critical materials necessary to meet the needs of the United States during a period of national emergency that requires a significant level of mobilization of the economy of the United States, including any reconstitution of the military and industrial capabilities necessary to meet the planning assumptions used by the Secretary of Defense under section 14(b) of such Act (50 U.S.C. 98h-5(b)).

"(c) REQUIRED USE OF PREVIOUS DISPOSAL AUTHORITIES.-(1) The President shall complete the disposal of all quantities of materials in the National Defense Stockpile that,

“(A) have been previously authorized for disposal by law; and

"(B) have not been disposed of before the date of the enactment of this Act (Oct. 23, 1992).

“(2) The disposal of materials required by this subsection shall be completed before the end of the fiveyear period beginning on October 1, 1992, unless the President notifies Congress that the Market Impact Committee established under section 10(c) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1(c)), as added by section 3314, determines that completion of the disposal of such materials during such period would result in the undue disruption of the usual markets of such materials. The notification shall also indicate the date on which the disposal of such materials will be completed.

"(d) SPECIAL LIMITATION REGARDING SILVER.-(1) The disposal of silver under this section may only occur in the form of coins or, subject to paragraph (2), as material furnished by the Federal Government to a contractor for the use of the contractor in the performance of a Federal Government contract.

“(2) A contractor receiving silver as Government furnished material shall pay the Federal Government the amount equal to the fair market value of the silver, as determined by the National Defense Stockpile Manager. The amount paid by the contractor for the silver shall be deposited in the National Defense Stockpile Transaction Fund.

“(e) SPECIAL LIMITATION REGARDING CHROMITE AND MANGANESE ORES.-During fiscal year 1993, the disposal of chromite and manganese ores of metallurgical grade under subsection (a) may be made only for proc. essing within the United States and the territories and possessions of the United States.

"(f) SPECIAL LIMITATION REGARDING CHROMIUM AND MANGANESE FERRO.—The disposal of chromium ferro and manganese ferro under subsection (a) may not commence before October 1, 1995.

“(g) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY. The disposal authority provided in subsection (a) is in addition to any other disposal authority provided by law. "SEC. 3303. USE OF BARTER ARRANGEMENTS IN

MODERNIZATION PROGRAM. "The President may enter into barter arrangements to dispose of materials under section 3302 in order to acquire strategic and critical materials for, or upgrade strategic and critical materials in, the National Defense Stockpile."

AUTHORIZED DISPOSALS; FISCAL YEAR 1992 Pub. L. 102-190, div. C, title XXXIII, § 3301, Dec. 5, 1991, 105 Stat. 1583, as amended by Pub. L. 102-484, div. C, title XXXIII, $ 3308, Oct. 23, 1992, 106 Stat. 2653, provided that:

"(a) AUTHORITY.-During fiscal year 1992, the National Defense Stockpile Manager may dispose of ma

"(c) ADDITIONAL AUTHORITY.–The disposal authority provided in subsection (a) is in addition to any other disposal authority provided by law.

"(d) LIMITATION ON DISPOSALS.–The National Defense Stockpile Manager may dispose of materials under this section during fiscal year 1992 only to the extent that the total amount received (or to be received) from such disposals for such fiscal year does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for the purposes authorized under section 9(b)(2) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2))."

AUTHORIZED DISPOSALS; FISCAL YEARS 1990 AND 1991

Pub. L. 101-189, div. C, title XXXIII, $ 3302, Nov. 29, 1989, 103 Stat. 1685, provided that:

“(a) AUTHORITY.-During fiscal years 1990 and 1991, the National Defense Stockpile Manager may dispose of materials in the National Defense Stockpile in accordance with this section. The value of materials disposed of may not exceed $180,000,000 during each of such fiscal years, and such disposal may be made only as specified in subsection (b).

"(b) MATERIALS AUTHORIZED TO BE DISPOSED.-Any disposal under subsection (a) shall be made from quantities of materials in the National Defense Stockpile previously authorized for disposal by law or, in the case of materials in the National Defense Stockpile that have been determined to be excess to the current requirements of the stockpile, in accordance with the following table:

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