Page:United States Statutes at Large Volume 110 Part 3.djvu/1126

This page needs to be proofread.


110 STAT. 2856 PUBLIC LAW 104-201—SEPT. 23, 1996 Authorized Stockpile Disposals—Continued Material for disposal Quantity Tantalum, Oxide 40,000 pounds contained (c) MINIMIZATION OF DISRUPTION AND LOSS.— The President may not dispose of materials under subsection (a) to the extent that the disposal will result in— (1) undue disruption of the usual markets of producers, processors, and consumers of the materials proposed for disposal; or (2) avoidable loss to the United States. (d) TREATMENT OF RECEIPTS.— Notwithstanding section 9 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h), funds received as a result of the disposal of materials under subsection (a) shall be— (1) deposited into the general fund of the Treasury; and (2) to the extent necessary, used to offset the revenues that will be lost as a result of execution of the amendments made by section 4303(a) of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658). (e) QUALIFYING OFFSETTING LEGISLATION. — This section is ^ specifically enacted as qualifying offsetting legislation for the purpose of offsetting fully the estimated revenues lost as a result of the amendments made by subsection (a) of section 4303 of the National Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106; 110 Stat. 658), and as such is deemed to satisfy the conditions in subsection (b) of such section. (f) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.— The disposal authority provided in subsection (a) is new disposal authority and is in addition to, and shall not affect, any other disposal authority provided by law regarding the materials specified in such subsection. Subtitle B—Programmatic Change SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIREMENTS. (a) NATIONAL EMERGENCY PLANNING ASSUMPTIONS.— Section 14 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-5) is amended— (1) by redesignating subsection (c) as subsection (e); and (2) by striking out subsection (b) and inserting in lieu thereof the following new subsection: "(b) Each report under this section shall set forth the national emergency planning assumptions used by the Secretary in making the Secretary's recommendations under subsection (a)(1) with respect to stockpile requirements. The Secretary shall base the national emergency planning assumptions on a military conflict scenario consistent with the scenario used by the Secretary in budgeting and defense planning purposes. The assumptions to be set forth include assumptions relating to each of the following: "(1) The length and intensity of the assumed military conflict. "(2) The military force structure to be mobilized. "(3) The losses anticipated from enemy action.