US Code

Public Law 119-73 (01/23/2026)

50 U.S.C. § 98h–2

Reports

(a)

Reports to the Board

The National Defense Stockpile Manager shall submit to the Board an Annual Materials and Operations Plan for the forthcoming year.

(b)

Reports to Congress

(1)

Report by National Defense Stockpile Manager

section 101(a) of title 10Not later than February 15 of each fiscal year, the National Defense Stockpile Manager shall submit to the congressional defense committees (as defined in ) an Annual Operations and Materials Plan that shall include—
(A)
information with respect to foreign and domestic purchases of materials for the stockpile during the preceding fiscal year;
(B)
information with respect to the acquisition and disposal of materials under this subchapter by barter, during such fiscal year;
(C)
information with respect to the activities by the National Defense Stockpile Manager to encourage the conservation, substitution, and development of strategic and critical materials;
(D)
section 98g of this title information with respect to the research and development activities conducted under ;
(E)
a statement and explanation of the financial status of the National Defense Stockpile Transaction Fund and anticipated appropriations to be made to the Fund, and obligations to be made from the fund, during the current fiscal year;
(F)
other pertinent information on the administration of this subchapter as will enable the Congress to evaluate the effectiveness of the program;
(G)
an annual materials plan for the operation of the stockpile during the next fiscal year and the succeeding four fiscal years and planned expenditures from the National Defense Stockpile Transaction Fund and anticipated receipts from disposal of stockpile materials, which shall include—
(i)
details of all planned expenditures from the National Defense Stockpile Transaction Fund during such period and of anticipated receipts from the proposed disposals of stockpile materials during such period;
(ii)
section 98h(b)(2)(G) of this title details regarding materials development and research projects to be conducted during the fiscal years covered by the report using moneys in the National Defense Stockpile Transaction Fund pursuant to ; and
(iii)
with respect to each development and research project described in clause (ii), the report shall specify the amount planned to be expended from the National Defense Stockpile Transaction 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;
(H)
section 98d(a)(2) of this titlesection 98d(a)(2) of this title 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 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 , as appropriate; and
(I)
section 98e(g)(1) of this title a summary of the implementation and findings of the pilot program established under , including—
(i)
the commercial best practices selected for use under the pilot program;
(ii)
how the National Defense Stockpile Manager determined which commercial best practices to select;
(iii)
how the National Defense Stockpile Manager has used commercial best practices under the pilot program during the year preceding the briefing;
(iv)
the outcome of each use of such practices; and
(v)
any savings achieved or lessons learned as a result of the use of such practices.
(2)

Report by the Board

section 98h–1(c) of this title1

1 So in original. Probably should be followed by a period.
The Board shall prepare a written report to accompany the report required by paragraph (1) which shall include the activities of the Board to carry out the duties listed in  

June 7, 1939, ch. 190, § 11Pub. L. 96–41, § 2(a)93 Stat. 324Pub. L. 97–35, title II, § 203(e)95 Stat. 382Pub. L. 99–661, div. C, title II, § 3207(a)(3)100 Stat. 4069Pub. L. 100–180, div. C, title II, § 3205101 Stat. 1247Pub. L. 100–456, div. A, title XV, § 1503102 Stat. 2086Pub. L. 101–189, div. C, title XXXIII, § 3315103 Stat. 1688Pub. L. 102–190, div. C, title XXXIII105 Stat. 1584Pub. L. 103–35, title II, § 204(d)107 Stat. 103Pub. L. 113–291, div. A, title X, § 1071(j)128 Stat. 3512Pub. L. 115–232, div. A, title XIV, § 1423132 Stat. 2093Pub. L. 117–263, div. A, title XIV, § 1411(c)136 Stat. 2870Pub. L. 118–31, div. A, title XIV, § 1411(d)137 Stat. 524(, as added , , ; amended , , ; , , ; , , ; , , ; , , ; , §§ 3311(b), 3313(a), , ; , , ; , , ; , , ; , , ; , , .)

Editorial Notes

Prior Provisions

act June 7, 1939, ch. 190July 23, 1946, ch. 59060 Stat. 596Pub. L. 92–156, title V, § 503(1)85 Stat. 427section 98 of this titlesection 2(b)(2) of Pub. L. 96–41A prior section 11 of , formerly § 10, as added , ; renumbered § 11, , , , was set out as a Short Title note under , prior to repeal by .

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

Amendments

Pub. L. 118–31, § 1411(d)(1)2023—Subsec. (a). , substituted “an Annual Materials and Operations Plan for the forthcoming year.” for “the following:

“(1) Not later than 40 calendar days after the last day of each of the first three fiscal quarters in each fiscal year, unaudited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal quarter.

“(2) Not later than 60 calendar days after the conclusion of the fourth quarter of each fiscal year—

“(A) audited financial statements and a Manager’s Discussion and Analysis for the immediately preceding fiscal year; and

“(B) an Annual Materials and Operations Plan for the forthcoming year.”

Pub. L. 118–31, § 1411(d)(2)(A)(i)Subsec. (b)(1). , (ii), in heading, substituted “Report by National Defense Stockpile Manager” for “Reports by National Defense Stockpile Manage” and, in introductory provisions, substituted “February 15 of each fiscal year” for “90 days after the conclusion of the fourth quarter of each fiscal year” and “an Annual Operations and Materials Plan” for “a report”.

Pub. L. 118–31, § 1411(d)(2)(A)(iii)Subsec. (b)(1)(E). , amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “audited annual financial statements for the Strategic and Critical Materials Fund;”.

Pub. L. 118–31, § 1411(d)(2)(A)(iv)Subsec. (b)(1)(G) to (I). , added subpars. (G) to (I) and struck out former subpars. (G) and (H) which read as follows:

“(G) details of all planned expenditures from the Strategic and Critical Materials Fund over the Future Years’ Defense Program and anticipated receipts from proposed disposals of stockpile materials; and

“(H) the report required by paragraph (2).”

Pub. L. 118–31, § 1411(d)(2)(B)section 98h–1(c) of this titleSubsec. (b)(2). , substituted “paragraph (1) which shall include the activities of the Board to carry out the duties listed in ” for “paragraph (1) which shall include—

section 98h–1(c) of this title“(A) the activities of the Board to carry out the duties listed in ; and

“(B) the most recent Annual Materials and Operations Plan submitted under subsection (a)(2)(B).”

Pub. L. 117–2632022— amended section generally. Prior to amendment, section related to annual reports to Congress, including materials plans for the operation of the stockpile.

Pub. L. 115–232, § 1423(1)2018—Subsec. (a). , substituted “February 15” for “January 15” in introductory provisions.

Pub. L. 115–232, § 1423(2)(A)Subsec. (b)(1). , substituted “Each report under subsection (a) shall also include” for “Not later than February 15 of each year, the President shall submit to the appropriate committees of the Congress a report containing”.

Pub. L. 115–232, § 1423(2)(B)Subsec. (b)(2). , substituted “With respect to the plan described in paragraph (1), each such report shall include” for “Each such report shall include” and “With respect to such plan, each report shall also contain” for “Each such report shall also contain”.

Pub. L. 113–2912014—Subsec. (b)(2). substituted “under section 98h(b)(2)(H)” for “under section 98h(b)(2)(G)”.

Pub. L. 103–351993—Subsec. (a)(1). substituted “fiscal year” for “six-month period”.

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

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

Pub. L. 102–190, § 3313(a)(3)Subsec. (a)(2). , substituted “fiscal year” for “period”.

Pub. L. 102–190, § 3313(a)(4)Subsec. (a)(5). , substituted “current fiscal year” for “next fiscal year”.

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

Pub. L. 102–190, § 3311(b)section 98h(b)(2)(G) of this titleSubsec. (b)(2). , 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 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.”

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

Pub. L. 101–1891989—Subsec. (a)(5). substituted “made to the fund, and obligations to be made from the fund,” for “made from the fund”.

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

Pub. L. 100–456, § 1503(b)section 98d(a)(2) of this titlesection 98d(a)(2) of this titleSubsec. (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 , 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 , as appropriate.”

Pub. L. 100–180section 1105 of title 311987—Subsec. (b). 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 for the next fiscal year,” after “Congress”.

Pub. L. 99–661section 1105 of title 3131 U.S.C. 11(a)1986—Subsec. (b). substituted “each year, at the time that the Budget is submitted to Congress pursuant to for the next fiscal year,” for each year with the Budget submitted to Congress pursuant to section 201a of the Budget and Accounting Act, 1921 (), for the next fiscal year”.

Pub. L. 97–351981— designated existing provisions as subsec. (a) and added subsec. (b).