§ 98h–5. Biennial report on stockpile requirements

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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— the Secretary’s recommendations with respect to stockpile requirements; and the matters required under 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: The length and intensity of the assumed military conflict. The military force structure to be mobilized. The losses anticipated from enemy action. The military, industrial, and essential civilian requirements to support the national emergency.

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

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. 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.

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

Each briefing required by paragraph

(1)shall include— 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; an estimate of additional amounts required to provide such funding, if any; an assessment of the supply chain for each such material, including any assessment of any relevant risk in any such supply chain; a list of such materials that are the highest priority to be acquired for the stockpile in the near term; 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 the amounts appropriated by Congress to the stockpile for both the current fiscal year and the previous fiscal year; 1 ( June 7, 1939, ch. 190, § 14 , as added Pub. L. 100–180, div. C, title II, § 3202(c) , Dec. 4, 1987 , 101 Stat. 1246 ; amended Pub. L. 102–190, div. C, title XXXIII, § 3313(b)(1) , (2), Dec. 5, 1991 , 105 Stat. 1585 ; Pub. L. 103–160, div. C, title XXXIII, § 3314 , Nov. 30, 1993 , 107 Stat. 1962 ; Pub. L. 104–201, div. C, title XXXIII, § 3311(a) , Sept. 23, 1996 , 110 Stat. 2856 ; Pub. L. 117–263, div. A, title XIV, § 1413 , Dec. 23, 2022 , 136 Stat. 2872 ; Pub. L. 119–60, div. A, title XIV, § 1411(a) , Dec. 18, 2025 , 139 Stat. 1134 .)

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Cited by 15 sections

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Public Law 117-263
James M. Inhofe National Defense Authorization Act for Fiscal Year 2023

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statutes-at-large

Public Law 117–263
To authorize appropriations for fiscal year 2023 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes

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Traces to 1 document

public-private-law

James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Public Law 117-263

12 references not yet in our index

Pub. L. 100-180
101 Stat. 1246
Pub. L. 102-190
105 Stat. 1585
Pub. L. 103-160
107 Stat. 1962
Pub. L. 104-201
110 Stat. 2856
136 Stat. 2872
Pub. L. 119-60
139 Stat. 1134
50 USC 98h–5(a)

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§ 98h–5

Biennial report on stockpile requirements

Bills×8

Stat. Comp.×5

Pub. L.×1

Stat.×1

Pub. L.Public Law 117-263

Pub. L.Pub. L. 100-180

Stat.101 Stat. 1246

Pub. L.Pub. L. 102-190

Stat.105 Stat. 1585

Pub. L.Pub. L. 103-160

Cites 13 · showing 6Cited by 15 across 4 sources