50 U.S.C. § 98h–5: Biennial report on…

Summary

The Secretary of Defense must send Congress a report on stockpile needs by January 15 every two years. The report must say what the Secretary recommends for the national stockpile and must explain the emergency planning assumptions used. Those assumptions must match the military scenario used for defense budgets. They must cover the conflict’s length and strength; which forces would be used; expected losses from the enemy; the military, industry, and civilian needs to support the emergency; how much foreign and domestic supply of critical materials would be available during mobilization, the conflict, and the replenishment period (including possible shipping losses); and any civilian austerity measures needed. Stockpile levels must be set so the United States can replace all munitions, combat support items, and weapons systems within three years after the scenario ends. The report must also look at how different mobilization times or more serious scenarios would change the recommendations. The President must include a plan for meeting the Secretary’s recommendations with each report. By March 1 each year, the National Defense Stockpile Manager must brief congressional defense committees on materials in shortfall that are in the next year’s Annual Materials and Operations Plan. The briefing must list the materials and goals, estimate extra funding needed, assess supply-chain risks, name top near-term priorities, confirm use of the best data from the military departments (and once explain risks from missing service data), and state the amounts Congress appropriated for the current and previous fiscal year.

Title 50, §98h–5

War and National Defense, Source: USLM XML via OLRC

(a)In general

Not later than January 15 of every other year, the Secretary of Defense shall submit 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).

(b)National emergency planning assumptions

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.

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

(5)The availability of supplies of strategic and critical materials from foreign sources during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.

(6)The domestic production of strategic and critical materials during the mobilization period, the military conflict, and the subsequent period of replenishment, taking into consideration possible shipping losses.

(7)Civilian austerity measures required during the mobilization period and military conflict.

(c)Period within which to replace or replenish materials

The stockpile requirements shall be based on those strategic and critical materials necessary for the United States to replenish or replace, within three years of the end of the military conflict scenario required under subsection (b), all munitions, combat support items, and weapons systems that would be required after such a military conflict.

(d)Effect of alternative mobilization periods

The Secretary shall also include in each report under this section an examination of the effect that alternative mobilization periods under the military conflict scenario required under subsection (b), as well as a range of other military conflict scenarios addressing potentially more serious threats to national security, would have on the Secretary’s recommendations under subsection (a)(1) with respect to stockpile requirements.

(e)Plans of President

The President shall submit with each report under this section a statement of the plans of the President for meeting the recommendations of the Secretary set forth in the report.

(f)Briefings on shortfalls in stockpile

(1)Not later than March 1 each year, the National Defense Stockpile Manager shall provide to the congressional defense committees a briefing on strategic and critical materials that—

(A)are determined to be in shortfall in the most recent report on stockpile requirements submitted under subsection (a); and

(B)the acquisition or disposal of which is included in the Annual Materials and Operations Plan for the operation of the stockpile during the next fiscal year submitted under section 98h–2(b) of this title.

(2)Each briefing required by paragraph (1) shall include—

(A)a list of the materials described in that paragraph, and a description of each such material, including the objective to be achieved if funding is provided, in whole or in part, for the acquisition of the material to remedy the shortfall;

(B)an estimate of additional amounts required to provide such funding, if any;

(C)an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain;

(D)a list of such materials that are the highest priority to be acquired for the stockpile in the near term;

(E)verification that the National Defense Stockpile Manager manages and evaluates the stockpile using the most complete and accurate data provided by the military departments (as defined under section 101(a) of title 10), including a one-time description of the risks resulting from the inability of the armed services to provide the National Defense Stockpile Manager comprehensive data for all of its required strategic and critical materials; and

(F)the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year;

Notes & Related Subsidiaries

Editorial Notes

References in Text

The congressional defense committees, referred to in subsec. (f)(1), are not defined for this subchapter. However, elsewhere in this subchapter, they are defined as the committees listed in section 101(a) of Title 10, Armed Forces.

Amendments

2025—Subsec. (f)(2)(A). Pub. L. 119–60, § 1411(a)(1), substituted “a list of the materials” for “a description of each material” and inserted “and a description of each such material,” after “paragraph,”. Subsec. (f)(2)(D) to (F). Pub. L. 119–60, § 1411(a)(2)–(4), added subpars. (D) to (F). 2022—Subsec. (f). Pub. L. 117–263 added subsec. (f). 1996—Subsecs. (b) to (e). Pub. L. 104–201 added subsecs. (b) to (d), redesignated former subsec. (c) as (e), and struck out former subsec. (b) which related to national emergency planning assumptions set forth in reports required under this section. 1993—Subsec. (b). Pub. L. 103–160 struck out before period at end of first sentence “, based upon total mobilization of the economy of the United States for a sustained conventional global war for a period of not less than three years” and inserted after first sentence “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.” 1991—Pub. L. 102–190, § 3313(b)(2), substituted “Biennial” for “Annual” in section catchline. Subsec. (a). Pub. L. 102–190, § 3313(b)(1), in introductory provisions, substituted “Not later than January 15 of every other year, the Secretary” for “The Secretary” and “a report” for “an annual report” and struck out “shall be submitted with the annual report submitted under section 98h–2(b) of this title and” before “shall include”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 AmendmentAmendment by Pub. L. 104–201 effective Oct. 1, 1996, see section 3311(c) of Pub. L. 104–201, set out as a note under section 98a of this title. Initial Report Due Date Pub. L. 102–190, div. C, title XXXIII, § 3313(b)(3), Dec. 5, 1991, 105 Stat. 1585, provided that: “The first report required by section 14(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–5(a)), as amended by paragraph (1) shall be submitted not later than January 15, 1993.”

§98h–5 Biennial Report on Stockpile Requirements