republic-os/legal/us/code/title-50/chapter-5/section-98h-5.md

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LegalText	50 U.S.C. § 98h–5	Biennial report on stockpile requirements	us	united_states_code	code_section	50	WAR AND NATIONAL DEFENSE	5	ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY	98h–5	50 U.S.C. § 98h–5	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc50@119-100.zip	/us/usc/t50/s98h–5	data/legal/raw/us/code/title-50/usc50.xml	964bbfd50c633867c092a8300894b0b3461ee2827c54a22b086ce8681e0320d9	708c288b5448617cab7b03b8011860274671c9aec56686858b910a06948cd7ac	d9881c42c7cf25e92b301f605cf7abbb4673e0dd6f374461f8e47dae9566ff65	2026-07-04	official	legal us-code

50 U.S.C. § 98h–5 - Biennial report on stockpile requirements

Text

(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; 11 So in original. The semicolon probably should be a period.

(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.)

Notes

Editorial Notes

References in TextThe 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.

Amendments2025—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 DatePub. 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.”