Pub. L. 100-180, div. C, tit. II, sec. 3202
STOCKPILE REQUIREMENTS
SEC. 3202. STOCKPILE REQUIREMENTS (a) Procedure for Revisions of Stockpile Requirements.—Section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b) is amended— (1) in subsection (a), by striking out “The” in the first sentence and inserting in lieu thereof “Subject to subsection (c), the”; (2) in subsection (b) by striking out “the following principles” and all that follows and inserting in lieu thereof “the principles stated in section 2(c).”; and (3) by striking out subsection (c) and inserting in lieu thereof the following: “(c)(1) The quantity of any material to be stockpiled under this Act, as in effect on September 30, 1987, may be changed only as provided in this subsection or as otherwise provided by law enacted after the date of the enactment of the National Defense Stockpile Amendments of 1987. “(2) If the President proposes to change the quantity of any material to be stockpiled under this Act, the President shall include a full explanation and justification for the change in the next annual material plan submitted to Congress under section 11(b). “(3) If the proposed change in the case of any material would result in a new requirement for the quantity of such material different from the requirement for that material in effect on September 30, 1987, by less than 10 percent, the change may be made by the President effective on or after the first day of the first fiscal year beginning after the explanation and justification for the proposed change is submitted pursuant to paragraph (2). “(4) In the case of a proposed change not covered by paragraph (3), the proposed change may be made only to the extent expressly authorized by law. “(5) If in any year the reports required by sections 11(b) and 14 are not submitted to Congress as required by law (including the time for such submission), then during the next fiscal year no change under paragraph (3) may be made in the quantity of any material to be stockpiled under this Act.”. (b) Purpose of Stockpile.—Section 2 of such Act (50 U.S.C. 98a) is amended by adding at the end the following new subsection: “(c) In providing for the National Defense Stockpile under this Act, Congress establishes the following principles: 101 STAT. 1246 “(1) The purpose of the National Defense Stockpile is to serve the interest of national defense only. The National Defense Stockpile is not to be used for economic or budgetary purposes. “(2) The quantities of materials stockpiled under this Act should be sufficient to sustain the United States for a period of not less than three years during a national emergency situation that would necessitate total mobilization of the economy of the United States for a sustained conventional global war of indefinite duration.”. (c) Annual Recommendation of Stockpile Requirements by Secretary of Defense.—The Strategic and Critical Materials Stock Piling Act is amended by adding at the end the following new section: “annual report on stockpile requirements “Sec. 14. (a) The Secretary of Defense shall submit to Congress an annual report on stockpile requirements. Each such report shall be submitted with the annual report submitted under section 11(b) and shall include— “(1) the Secretary’s recommendations with respect to stockpile requirements; and “(2) the matters required under subsection (b). “(b) Each report under this section shall set forth the national emergency planning assumptions used in determining the stockpile requirements recommended by the Secretary, 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. Assumptions to be set forth include assumptions relating to each of the following: “(1) Length and intensity of the assumed emergency. “(2) The military force structure to be mobilized. “(3) Losses from enemy action. “(4) Military, industrial, and essential civilian requirements to support the national emergency. “(5) Budget authority necessary to meet the requirements of total mobilization for the military, industrial, and essential civilian sectors. “(6) The availability of supplies of strategic and critical materials from foreign sources, taking into consideration possible shipping losses. “(7) Domestic production of strategic and critical materials. “(8) Civilian austerity measures. “(c) 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.”.