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(June 7, 1939, ch. 190, § 8, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 322; amended Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, § 3311, 103 Stat. 1686.)

PRIOR PROVISIONS

A prior section 98g, act June 7, 1939, ch. 190, § 8, as added July 23, 1946, ch. 590, 60 Stat. 600; amended 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, authorized appropriations for procurement, transportation, maintenance, rotation, storage, and refining or processing of materials acquired under this subchapter, prior to repeal by section 2(a) of Pub. L. 96-41. See section 98d(c) of this title.

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

AMENDMENTS 1989–Subsecs. (c), (d). Pub. L. 101-189 added subsecs. (c) and (d).

DELEGATION OF FUNCTIONS Functions of President under subsec. (a) of this section delegated to Secretary of the Interior and functions of President under subsec. (b) of this section del. egated to Secretary of Agriculture by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, set out under section 98 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-2 of this title.

8 98g. Materials development and research (a) Development, mining, preparation, treatment, and

utilization of ores and other mineral substances (1) The President shall make scientific, technologic, and economic investigations concerning the development, mining, preparation, treatment, and utilization of ores and other mineral substances that (A) are found in the United States, or in its territories or possessions, (B) are essential to the national defense, industrial, and essential civilian needs of the United States, and (C) are found in known domestic sources in inadequate quantities or grades.

(2) Such investigations shall be carried out in order to

(A) determine and develop new domestic sources of supply of such ores and mineral substances;

(B) devise new methods for the treatment and utilization of lower grade reserves of such ores and mineral substances; and

(C) develop substitutes for such essential ores and mineral products.

(3) Investigations under paragraph (1) may be carried out on public lands and, with the consent of the owner, on privately owned lands for the purpose of exploring and determining the extent and quality of deposits of such minerals, the most suitable methods of mining and beneficiating such minerals, and the cost at which the minerals or metals may be produced. (b) Development of sources of supplies of agricultural

materials; use of agricultural commodities for

manufacture of materials The President shall make scientific, technologic, and economic investigations of the feasibility of developing domestic sources of supplies of any agricultural material or for using agricul. tural commodities for the manufacture of any material determined pursuant to section 98b(a) of this title to be a strategic and critical materi. al or substitutes therefor. (c) Development of sources of supply of other materi

als; development or use of alternative methods

for refining or processing materials in stockpile The President shall make scientific, technologic, and economic investigations concerning the feasibility of

(1) developing domestic sources of supply of materials (other than materials referred to in subsections (a) and (b) of this section) determined pursuant to section 98b(a) of this title to be strategic and critical materials; and

(2) developing or using alternative methods for the refining or processing of a material in the stockpile so as to convert such material into a form more suitable for use during an

emergency or for storage. (d) Grants and contracts to encourage conservation

of strategic and critical materials The President shall encourage the conservation of domestic sources of any material determined pursuant to section 98b(a) of this title to be a strategic and critical material by making grants or awarding contracts for research regarding the development of

(1) substitutes for such material; or

(2) more efficient methods of production or use of such material.

8 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 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) Testing and quality studies of stockpile materials.

(E) Studying future material and mobilization requirements for the stockpile.

(F) Activities authorized under section 98h-6 of this title.

(G) 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.

(H) Improvement or rehabilitation of facilities, structures, and infrastructure needed to maintain the integrity of stockpile materials.

(I) Disposal of hazardous materials that are stored in the stockpile and authorized for disposal by law.

(J) Pay of employees of the National Defense Stockpile program.

(K) 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 ro

tated 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) of this section; and

(3) not increase or decrease the balance in the fund. (June 7, 1939, ch. 190, $ 9, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 323; amended Aug. 13, 1981, Pub. L. 97-35, title II, § 203(d), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div. C, title II, § 3203(a), 100 Stat. 4067; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, § 3204, 101 Stat. 1247; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, § 3312(b), 103 Stat. 1688; Nov. 5, 1990, Pub. L. 101-510, div. C, title XXXIII, § 3301(c), 104 Stat. 1845; Dec. 5, 1991, Pub. L. 102-190, div. C, title XXXIII, § 3311(a), 105 Stat. 1584; Oct. 23, 1992, Pub. L. 102-484, div. C, title XXXIII, $ 3313, 106 Stat. 2653; Nov. 30, 1993, Pub. L. 103-160, div. C, title XXXIII, § 3313, 107 Stat. 1962.)

AMENDMENTS 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, 8 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(aX1), 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.

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, 8520), 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.

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.

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, provided that: "There shall be deposited into the National Defense Stockpile Transaction Fund established under section

9 of the Act (50 U.S.C. 98h) 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 (less amounts spent for exploration, development and operation of those reserves and related expenses during that period). Moneys deposited into the Fund under this subsection shall be deemed to have been covered into the Fund under section 9(b) of the Act.”

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-2 of this title.

paragraph (2), the Committee shall consult from time to time with representatives of producers, processors, and consumers of the types of materials stored in the stockpile. (June 7, 1939, ch. 190, § 10, as added July 30, 1979, Pub. L. 96-41, $ 2(a), 93 Stat. 323; amended Oct. 23, 1992, Pub. L. 102-484, div. C, title XXXIII, § 3314, 106 Stat. 2654.)

PRIOR PROVISIONS A prior section 10 of act June 7, 1939, ch. 190, $ 10, was renumbered section 13 and is classified to section 98h-4 of this title.

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

AMENDMENTS 1992-Subsec. (c). Pub. L. 102-484 added subsec. (c).

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.

TERMINATION OF ADVISORY COMMITTEES Advisory committees established after Jan. 5, 1973, to terminate not later than the expiration of the 2year period beginning on the date of their establishment, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided for by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 776, set out in the Appendix to Title 5, Government Organization and Employees.

8 98h-1. Advisory committees (a) Membership

The President may appoint advisory committees composed of individuals with expertise relating to materials in the stockpile or with expertise in stockpile management to advise the President with respect to the acquisition, transportation, processing, refining, storage, security, maintenance, rotation, and disposal of such materials under this subchapter. (b) Expenses

Each member of an advisory committee established under subsection (a) of this section while serving on the business of the advisory committee away from such member's home or regular place of business shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5 for persons intermittently employed in the Government service. (c) Market Impact Committee

(1) The President shall appoint a Market Impact Committee composed of representatives from the Department of Agriculture, the Department of Commerce, the Department of Defense, the Department of Energy, the Department of the Interior, the Department of State, the Department of the Treasury, and the Federal Emergency Management Agency, and such other persons as the President considers appropriate. The representatives from the Department of Commerce and the Department of State shall be Cochairmen of the Committee.

(2) The Committee shall advise the National Defense Stockpile Manager on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile that are proposed to be included in the annual materials plan submitted to Congress under section 98h-2(b) of this title, or in any revision of such plan, and shall submit to the manager the Committee's recommendations regarding those acquisitions and disposals.

(3) The annual materials plan or the revision of such plan, as the case may be, shall contain

(A) the views of the Committee on the projected domestic and foreign economic effects of all acquisitions and disposals of materials from the stockpile;

(B) the recommendations submitted by the Committee under paragraph (2); and

(C) for each acquisition or disposal provided for in the plan or revision that is inconsistent with a recommendation of the Committee, a justification for the acquisition or disposal.

(4) In developing recommendations for the National Defense Stockpile Manager under

ADVISORY COMMITTEE REGARDING OPERATION AND

MODERNIZATION OF STOCKPILE Section 3306 of Pub. L. 102-484 provided that:

“(a) APPOINTMENT.-Not later than March 15, 1993, the President shall appoint an advisory Committee under section 10(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1(a)) to make recommendations to the President concerning the operation and modernization of the National Defense Stockpile.

"(b) MEMBERSHIP.—The committee shall consist of members who have expertise regarding strategic and critical materials, including

"(1) employees of Federal agencies (including the Department of Defense, the Department of State, the Department of Commerce, the Department of Energy, the Department of the Treasury, the Department of the Interior, and the Federal Emergency Management Agency);

(2) representatives of mining, processing, and fabricating industries and consumers that would be affected by the acquisition of materials for the stockpile or the disposal of materials from the stockpile; and

"(3) other interested persons or representatives of interested organizations."

8 98h-2. Reports to Congress

(a) Not later than January 15 of each year, the President shall submit to the Congress an annual written report detailing operations under this subchapter. Each such report shall include

C, title II, § 3207(a)(3), 100 Stat. 4069; Dec. 4, 1987, Pub. L. 100-180, div. C, title II, § 3205, 101 Stat. 1247; Sept. 29, 1988, Pub. L. 100-456, div. A, title XV, $ 1503, 102 Stat. 2086; Nov. 29, 1989, Pub. L. 101-189, div. C, title XXXIII, § 3315, 103 Stat. 1688; Dec. 5, 1991, Pub. L. 102-190, div. C, title XXXIII, $$ 3311(b), 3313(a), 105 Stat. 1584; May 31, 1993, Pub. L. 103-35, title II, § 204(d), 107 Stat. 103.)

PRIOR PROVISIONS A prior section 11 of act June 7, 1939, ch. 190, formerly § 10, as added July 23, 1946, ch. 590, 60 Stat. 596; renumbered § 11, Pub. L. 92-156, title V, $ 503(1), Nov. 17, 1971, 85 Stat. 427, was set out as a Short Title note under section 98 of this title, prior to repeal by section 2(b)(2) of Pub. L. 96-41.

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

(1) information with respect to foreign and domestic purchases of materials during the preceding fiscal year;

(2) information with respect to the acquisition and disposal of materials under this subchapter by barter, as provided for in section 98e(c) of this title, during such fiscal year;

(3) information with respect to the activities by the Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials within the United States;

(4) information with respect to the research and development activities conducted under sections 98a and 98g of this title;

(5) a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and the anticipated appropriations to be made to the fund, and obligations to be made from the fund, during the current fiscal year; and

(6) such other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program provided for under this subchapter and to determine the need for additional legislation.

(b)(1) Not later than February 15 of each year, the President shall submit to the appropriate committees of the Congress a report containing an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years.

(2) Each such report shall include details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period (including expenditures to be made from appropriations from the general fund of the Treasury) and of anticipated receipts from proposed disposals of stockpile materials during such period. Each such report shall also contain details regarding the materials development and research projects to be conducted under section 98h(b)(2)(G) of this title during the fiscal years covered by the report. With respect to each development and research project, the report shall specify the amount planned to be expended from the fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used.

(3) Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appropriate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate. (June 7, 1939, ch. 190, $ 11, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 324; amend. ed Aug. 13, 1981, Pub. L. 97-35, title II, $ 203(e), 95 Stat. 382; Nov. 14, 1986, Pub. L. 99-661, div.

AMENDMENTS 1993–Subsec. (a)(1). Pub. L. 103-35 substituted “fiscal year" for "six-month period”.

1991-Subsec. (a). Pub. L. 102-190, $ 3313(a)(1), substituted "Not later than January 15 of each year, the President" for "The President" and "an annual" for "every six months a".

Subsec. (a)(1). Pub. L. 102-190, $ 3313(a)(2), which directed the substitution of "fiscal year" for "6-month period”, could not be executed because the words “6month period" did not appear in text.

Subsec. (a)(2), Pub. L. 102-190, $ 3313(a)(3), substituted "fiscal year" for "period".

Subsec. (a)(5). Pub. L. 102-190, $3313(a)(4), substi. tuted "current fiscal year" for “next fiscal year".

Subsec. (b)(1). Pub. L. 102-190, $ 3311(b)(1), designated first sentence of subsec. (b) relating to submission of report as par. (1).

Subsec. (b)(2), Pub. L. 102-190, $ 3311(b), designated second sentence of subsec. (b) relating to contents of report as par. (2) and inserted at end “Each such report shall also contain details regarding the materials development and research projects to be conducted under section 98h(b)(2)(G) of this title during the fiscal years covered by the report. With respect to each development and research project, the report shall specify the amount planned to be expended from the fund, the material intended to be developed, the potential military or defense industrial applications for that material, and the development and research methodologies to be used.”

Subsec. (b)(3). Pub. L. 102-190, $ 3311(b)(1), designated third sentence of subsec. (b) relating to resubmission of proposed expenditures and disposals not obligated or executed as par. (3).

1989–Subsec. (a)(5). Pub. L. 101-189 substituted "made to the fund, and obligations to be made from the fund," for "made from the fund”.

1988–Subsec. (a)(3) to (6). Pub. L. 100-456, § 1503(a), added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

Subsec. (b). Pub. L. 100-456, § 1503(b), substituted "the next fiscal year" for "such fiscal year" and "all planned expenditures from the National Defense Stockpile Transaction Fund” for “planned expenditures for acquisition of strategic and critical materials" and inserted at end "Any proposed expenditure or disposal detailed in the annual materials plan for any such fiscal year, and any expenditure or disposal proposed in connection with any transaction submitted for such fiscal year to the appropriate committees of Congress pursuant to section 98d(a)(2) of this title, that is not obligated or executed in that fiscal year may not be obligated or executed until such proposed expenditure or disposal is resubmitted in a subsequent annual materials plan or is resubmitted to the appro

CODIFICATION Section was formerly classified to section 98h-1 of this title.

AMENDMENTS 1988–Pub. L. 100-418 substituted "general note 3(b) of the Harmonized Tariff Schedule of the United States” for "general headnote 3(d) of the Tariff Schedules of the United States”.

1987-Pub. L. 100-180 inserted section catchline and, in text, substituted "The President" for "Notwithstanding any other provision of law, on and after January 1, 1972, the President".

priate committees of Congress in accordance with section 98d(a)(2) of this title, as appropriate."

1987–Subsec. (b). Pub. L. 100-180 substituted "Not later than February 15 of each year, the President" for “The President" and struck out "each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year," after “Congress".

1986 Subsec. (b). Pub. L. 99-661 substituted “each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31 for the next fiscal year," for each year with the Budget submitted to Congress pursuant to section 201а of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a)), for the next fiscal year”.

1981-Pub. L. 97-35 designated existing provisions as subsec. (a) and added subsec. (b).

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.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 98d, 98h-1, 98h-6 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and applicable with respect to articles entered on or after such date, see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective Date note under sec. tion 3001 of Title 19, Customs Duties.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 98h-7 of this title.

8 98h-3. Definitions
For the purposes of this subchapter:

(1) The term “strategic and critical materials” means materials that (A) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (B) are not found or produced in the United States in sufficient quantities to meet such need.

(2) The term “national emergency" means a general declaration of emergency with respect to the national defense made by the

President or by the Congress. (June 7, 1939, ch. 190, $ 12, as added July 30, 1979, Pub. L. 96-41, § 2(a), 93 Stat. 324.) 8 98h-4. Importation of strategic and critical ma

terials The President may not prohibit or regulate the importation into the United States of any material determined to be strategic and critical pursuant to the provisions of this subchapter, if such material is the product of any foreign country or area not listed as a Communistdominated country or area in general note 3(b) of the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202), for so long as the importation into the United States of material of that kind which is the product of such Communist-dominated countries or areas is not prohibited by any provision of law. (June 7, 1939, ch. 190, § 13, formerly $ 10, as added Nov. 17, 1971, Pub. L. 92–156, title V, $ 503(2), 85 Stat. 427; renumbered § 13, July 30, 1979, Pub. L. 96-41, $2(b)(1), 93 Stat. 324; amended Dec. 4, 1987, Pub. L. 100-180, div. C, title II, § 3206(b), (c), 101 Stat. 1247; Aug. 23, 1988, Pub. L. 100-418, title I, § 1214(0), 102 Stat. 1159.)

REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of Title 19, Customs Duties.

8 98h-5. Biennial report on stockpile requirements (a) In general

Not later than January 15 of every other year, the Secretary of Defense shall sub it to Congress a report on stockpile requirements. Each such report shall include

(1) the Secretary's recommendations with respect to stockpile requirements; and

(2) the matters required under subsection (b) of this section. (b) Contents

Each report under this section shall set forth the national emergency planning assumptions used in determining the stockpile requirements recommended by the Secretary. Before October 1, 1994, such assumptions shall be based upon the total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years. On and after October 1, 1994, such assumptions shall be based on an assumed national emergency involving military conflict that necessitates an expansion of the Armed Forces together with a significant mobilization of the economy of the United States. Assumptions to be set forth include assumptions relating to each of the following:

(1) Length and intensity of the assumed emergency.

(2) The military force structure to be mobilized.

(3) Losses from enemy action.

(4) Military, industrial, and essential civilian requirements to support the national emergency.

(5) Budget authority necessary to meet the requirements of total mobilization for the military, industrial, and essential civilian sectors.

(6) The availability of supplies of strategic and critical materials from foreign sources, taking into consideration possible shipping losses.

(7) Domestic production of strategic and critical materials.

(8) Civilian austerity measures.

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