
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC98h-2]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
     CHAPTER 5--ARSENALS, ARMORIES, ARMS, AND WAR MATERIAL GENERALLY
 
 SUBCHAPTER III--ACQUISITION AND DEVELOPMENT OF STRATEGIC RAW MATERIALS
 
Sec. 98h-2. Reports to Congress

    (a) Not later than January 15 of each year, the President shall 
submit to the Congress an annual written report detailing operations 
under this subchapter. Each such report shall include--
        (1) information with respect to foreign and domestic purchases 
    of materials during the preceding fiscal year;
        (2) information with respect to the acquisition and disposal of 
    materials under this subchapter by barter, as provided for in 
    section 98e(c) of this title, during such fiscal year;
        (3) information with respect to the activities by the Stockpile 
    Manager to encourage the conservation, substitution, and development 
    of strategic and critical materials within the United States;
        (4) information with respect to the research and development 
    activities conducted under sections 98a and 98g of this title;
        (5) a statement and explanation of the financial status of the 
    National Defense Stockpile Transaction Fund and the anticipated 
    appropriations to be made to the fund, and obligations to be made 
    from the fund, during the current fiscal year; and
        (6) such other pertinent information on the administration of 
    this subchapter as will enable the Congress to evaluate the 
    effectiveness of the program provided for under this subchapter and 
    to determine the need for additional legislation.

    (b)(1) Not later than February 15 of each year, the President shall 
submit to the appropriate committees of the Congress a report containing 
an annual materials plan for the operation of the stockpile during the 
next fiscal year and the succeeding four fiscal years.
    (2) Each such report shall include details of all planned 
expenditures from the National Defense Stockpile Transaction Fund during 
such period (including expenditures to be made from appropriations from 
the general fund of the Treasury) and of anticipated receipts from 
proposed disposals of stockpile materials during such period. Each such 
report shall also contain details regarding the materials development 
and research projects to be conducted under section 98h(b)(2)(G) of this 
title 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.
    (3) 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 section 
98d(a)(2) of this title, 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 section 98d(a)(2) of this title, as appropriate.

(June 7, 1939, ch. 190, Sec. 11, as added Pub. L. 96-41, Sec. 2(a), July 
30, 1979, 93 Stat. 324; amended Pub. L. 97-35, title II, Sec. 203(e), 
Aug. 13, 1981, 95 Stat. 382; Pub. L. 99-661, div. C, title II, 
Sec. 3207(a)(3), Nov. 14, 1986, 100 Stat. 4069; Pub. L. 100-180, div. C, 
title II, Sec. 3205, Dec. 4, 1987, 101 Stat. 1247; Pub. L. 100-456, div. 
A, title XV, Sec. 1503, Sept. 29, 1988, 102 Stat. 2086; Pub. L. 101-189, 
div. C, title XXXIII, Sec. 3315, Nov. 29, 1989, 103 Stat. 1688; Pub. L. 
102-190, div. C, title XXXIII, Secs. 3311(b), 3313(a), Dec. 5, 1991, 105 
Stat. 1584; Pub. L. 103-35, title II, Sec. 204(d), May 31, 1993, 107 
Stat. 103.)


                            Prior Provisions

    A prior section 11 of act June 7, 1939, ch. 190, formerly Sec. 10, 
as added July 23, 1946, ch. 590, 60 Stat. 596; renumbered Sec. 11, Pub. 
L. 92-156, title V, Sec. 503(1), Nov. 17, 1971, 85 Stat. 427, was set 
out as a Short Title note under section 98 of this title, prior to 
repeal by section 2(b)(2) of Pub. L. 96-41.
    Provisions similar to those in this section were contained in former 
section 98c of this title prior to repeal by Pub. L. 96-41.


                               Amendments

    1993--Subsec. (a)(1). Pub. L. 103-35 substituted ``fiscal year'' for 
``six-month period''.
    1991--Subsec. (a). Pub. L. 102-190, Sec. 3313(a)(1), substituted 
``Not later than January 15 of each year, the President'' for ``The 
President'' and ``an annual'' for ``every six months a''.
    Subsec. (a)(1). Pub. L. 102-190, Sec. 3313(a)(2), 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.
    Subsec. (a)(2). Pub. L. 102-190, Sec. 3313(a)(3), substituted 
``fiscal year'' for ``period''.
    Subsec. (a)(5). Pub. L. 102-190, Sec. 3313(a)(4), substituted 
``current fiscal year'' for ``next fiscal year''.
    Subsec. (b)(1). Pub. L. 102-190, Sec. 3311(b)(1), designated first 
sentence of subsec. (b) relating to submission of report as par. (1).
    Subsec. (b)(2). Pub. L. 102-190, Sec. 3311(b), 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 
section 98h(b)(2)(G) of this title 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.''
    Subsec. (b)(3). Pub. L. 102-190, Sec. 3311(b)(1), designated third 
sentence of subsec. (b) relating to resubmission of proposed 
expenditures and disposals not obligated or executed as par. (3).
    1989--Subsec. (a)(5). Pub. L. 101-189 substituted ``made to the 
fund, and obligations to be made from the fund,'' for ``made from the 
fund''.
    1988--Subsec. (a)(3) to (6). Pub. L. 100-456, Sec. 1503(a), added 
pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and 
(6), respectively.
    Subsec. (b). Pub. L. 100-456, Sec. 1503(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 
section 98d(a)(2) of this title, 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 section 98d(a)(2) of this title, as appropriate.''
    1987--Subsec. (b). Pub. L. 100-180 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 section 1105 of title 31 for the next fiscal 
year,'' after ``Congress''.
    1986--Subsec. (b). Pub. L. 99-661 substituted ``each year, at the 
time that the Budget is submitted to Congress pursuant to section 1105 
of title 31 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 (31 U.S.C. 11(a)), for the next fiscal year''.
    1981--Pub. L. 97-35 designated existing provisions as subsec. (a) 
and added subsec. (b).

                         Delegation of Functions

    Functions of President under this section delegated to Secretary of 
Defense by section 1 of Ex. Ord. No. 12636, Feb. 25, 1988, 53 F.R. 6114, 
set out under section 98 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 98d, 98h-1, 98h-6 of this 
title.
