10 U.S.C. § 2229 — Strategic policy on prepositioning of ma-

Page 1816 TITLE 10—ARMED FORCES § 2229 ‘‘(2) submit to the congressional defense commit- tees written justification of why compliance was not feasible or achieved. ‘‘(d) CORROSION STUDY.—The corrosion study de- scribed in this subsection is the study required in House Report 111–166 accompanying H.R. 2647 of the 111th Congress [Pub. L. 111–84] conducted by the Office of the Director of Corrosion Policy and Oversight of the Office of the Secretary of Defense and titled ‘Corrosion Evaluation of the F–22 Raptor and F–35 Lightning II Joint Strike Fighter’.’’ CORROSION CONTROL AND PREVENTION EXECUTIVES FOR THE MILITARY DEPARTMENTS Pub. L. 114–328, div. A, title III, § 322, Dec. 23, 2016, 130 Stat. 2075, provided that: ‘‘(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2016], the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics, in coordination with the Direc- tor of Corrosion Policy and Oversight for the Depart- ment of Defense, shall revise guidance relating to cor- rosion control and prevention executives to— ‘‘(1) clarify the role of each such executive with re- spect to assisting the Office of Corrosion Policy and Oversight in holding the appropriate project manage- ment office in each military department accountable for submitting the annual report required under [former] section 903(b)(5) of the Duncan Hunter Na- tional Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2228 note [set out below]); and ‘‘(2) ensure that corrosion control and prevention executives emphasize the reduction of corrosion and the effects of corrosion on the military equipment and infrastructure of the Department of Defense, as required in the long-term strategy of the Department of Defense under section 2228(d) of title 10, United States Code. ‘‘(b) CORROSION CONTROL AND PREVENTION EXECUTIVE DEFINED.—In this section, the term ‘corrosion control and prevention executive’ means the employee of a military department designated as the corrosion con- trol and prevention executive of the department under section 903(a) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 10 U.S.C. 2228 note).’’ Pub. L. 110–417, [div. A], title IX, § 903, Oct. 14, 2008, 122 Stat. 4566, as amended by Pub. L. 113–66, div. A, title III, § 334, title X, § 1084(b)(1), Dec. 26, 2013, 127 Stat. 740, 871; Pub. L. 114–328, div. A, title IX, § 954(c), Dec. 23, 2016, 130 Stat. 2377; Pub. L. 115–91, div. A, title IX, § 924, Dec. 12, 2017, 131 Stat. 1526, provided that: ‘‘(a) REQUIREMENT TO DESIGNATE CORROSION CONTROL AND PREVENTION EXECUTIVE.—Not later than 90 days after the date of the enactment of this Act [Oct. 14, 2008], the Assistant Secretary of each military depart- ment with responsibility for acquisition, technology, and logistics shall designate an employee of the mili- tary department as the corrosion control and preven- tion executive. Such executive shall be a senior official in the department with responsibility for coordinating department-level corrosion control and prevention pro- gram activities (including budget programming) with the military department and the Office of the Sec- retary of Defense, the program executive officers of the military departments, and relevant major subordinate commands of the military departments. Each indi- vidual so designated shall be a senior civilian employee of the military department concerned in pay grade GS–15 or higher. ‘‘(b) QUALIFICATIONS.—Any individual designated as a corrosion control and prevention executive of a mili- tary department pursuant to subsection (a) shall— ‘‘(1) have a working knowledge of corrosion preven- tion and control; ‘‘(2) have strong program management and commu- nication skills; and ‘‘(3) understand the acquisition, research, develop- ment, test, and evaluation, and sustainment policies and procedures of the military department, including for the sustainment of infrastructure. ‘‘(c) DUTIES.—(1) The corrosion control and preven- tion executive of a military department shall ensure that corrosion control and prevention is maintained in the department’s policy and guidance for management of each of the following: ‘‘(A) System acquisition and production, including design and maintenance. ‘‘(B) Research, development, test, and evaluation programs and activities. ‘‘(C) Equipment standardization programs, includ- ing international standardization agreements. ‘‘(D) Logistics research and development initia- tives. ‘‘(E) Logistics support analysis as it relates to inte- grated logistic support in the materiel acquisition process. ‘‘(F) Military infrastructure design, construction, and maintenance. ‘‘(2) The corrosion control and prevention executive of a military department shall be responsible for iden- tifying the funding levels necessary to accomplish the items listed in subparagraphs (A) through (F) of para- graph (1). ‘‘(3) The corrosion control and prevention executive of a military department shall, in cooperation with the appropriate staff of the department, develop, support, and provide the rationale for resources— ‘‘(A) to initiate and sustain an effective corrosion control and prevention program in the department; ‘‘(B) to evaluate the program’s effectiveness; and ‘‘(C) to ensure that corrosion control and preven- tion requirements for materiel are reflected in budg- eting and policies of the department for the formula- tion, management, and evaluation of personnel and programs for the entire department, including its re- serve components. ‘‘(4) The corrosion control and prevention executive of a military department shall be the principal point of contact of the department to the Director of Corrosion Policy and Oversight (as assigned under section 2228 of title 10, United States Code). ‘‘[(5) Repealed. Pub. L. 114–328, div. A, title IX, § 954(c), Dec. 23, 2016, 130 Stat. 2377.]’’ DEADLINE FOR DESIGNATION OF RESPONSIBLE OFFICIAL OR ORGANIZATION; INTERIM REPORT; DEADLINE FOR LONG-TERM STRATEGY; GAO REVIEW Pub. L. 107–314, div. A, title X, § 1067(b)–(e), Dec. 2, 2002, 116 Stat. 2658, 2659, directed the Secretary of De- fense to designate a responsible official or organization under subsec. (a) of this section not later than 90 days after Dec. 2, 2002, directed the Secretary to submit to Congress a report setting forth the long-term strategy required under subsec. (c) of this section not later than one year after Dec. 2, 2002, and required the Comp- troller General to monitor the implementation of such long-term strategy and, not later than 18 months after Dec. 2, 2002, to submit to Congress an assessment of the extent to which that strategy had been implemented. § 2229. Strategic policy on prepositioning of ma- teriel and equipment (a) POLICY REQUIRED.— (1) IN GENERAL.—The Secretary of Defense shall maintain a strategic policy on the pro- grams of the Department of Defense for prepositioned materiel and equipment. Such policy shall take into account national secu- rity threats, strategic mobility, service re- quirements, support for crisis response ele- ments, and the requirements of the combatant commands, and shall address how the Depart- ment’s prepositioning programs, both ground and afloat, align with national defense strate- gies and departmental priorities. Page 1817 TITLE 10—ARMED FORCES § 2229 (2) ELEMENTS.—The strategic policy required under paragraph (1) shall include the following elements: (A) Overarching strategic guidance con- cerning planning and resource priorities that link the Department of Defense’s cur- rent and future needs for prepositioned stocks, such as desired responsiveness, to evolving national defense objectives. (B) A description of the Department’s vi- sion for prepositioning programs and the de- sired end state. (C) Specific interim goals demonstrating how the vision and end state will be achieved. (D) A description of the strategic environ- ment, requirements for, and challenges asso- ciated with, prepositioning. (E) Metrics for how the Department will evaluate the extent to which prepositioned assets are achieving defense objectives. (F) A framework for joint departmental oversight that reviews and synchronizes the military services’ prepositioning strategies to minimize potentially duplicative efforts and maximize efficiencies in prepositioned materiel and equipment across the Depart- ment of Defense. (3) JOINT OVERSIGHT.—The Secretary of De- fense shall establish joint oversight of the military services’ prepositioning efforts to maximize efficiencies across the Department of Defense. (b) LIMITATION OF DIVERSION OF PREPOSITIONED MATERIEL.—The Secretary of a military depart- ment may not divert materiel or equipment from prepositioned stocks except— (1) in accordance with a change made by the Secretary of Defense to the policy maintained under subsection (a); or (2) for the purpose of directly supporting a contingency operation or providing humani- tarian assistance under chapter 20 of this title. (c) CONGRESSIONAL NOTIFICATION.—The Sec- retary of Defense may not implement or change the policy required under subsection (a) until the Secretary submits to the congressional de- fense committees a report describing the policy or change to the policy. (d) ANNUAL CERTIFICATION.—(1) Not later than the date of the submission of the President’s budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a certification in writing that the prepositioned stocks of each of the military departments meet all operations plans, in both fill and readiness, that are in effect as of the date of the submis- sion of the certification. (2) If, for any year, the Secretary cannot cer- tify that any of the prepositioned stocks meet such operations plans, the Secretary shall in- clude with the certification for that year a list of the operations plans affected, a description of any measures that have been taken to mitigate any risk associated with prepositioned stock shortfalls, and an anticipated timeframe for the replenishment of the stocks. (3) A certification under this subsection shall be in an unclassified form but may have a classi- fied annex. (Added Pub. L. 109–364, div. A, title III, § 351(a), Oct. 17, 2006, 120 Stat. 2160; amended Pub. L. 112–81, div. A, title III, § 341(a), Dec. 31, 2011, 125 Stat. 1369; Pub. L. 113–66, div. A, title III, § 321(a), Dec. 26, 2013, 127 Stat. 730; Pub. L. 113–291, div. A, title III, § 322, Dec. 19, 2014, 128 Stat. 3343; Pub. L. 114–92, div. A, title X, § 1081(a)(8), Nov. 25, 2015, 129 Stat. 1001.) Editorial Notes AMENDMENTS 2015—Subsec. (d)(1). Pub. L. 114–92 substituted ‘‘a cer- tification in writing’’ for ‘‘certification in writing’’. 2014—Subsec. (a)(1). Pub. L. 113–291 inserted ‘‘support for crisis response elements,’’ after ‘‘service require- ments,’’. 2013—Subsec. (a). Pub. L. 113–66 amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall maintain a strategic policy on the programs of the Department of Defense for the prepositioning of materiel and equipment. Such policy shall take into account national security threats, strategic mobility, service requirements, and the requirements of the combatant commands.’’ 2011—Subsec. (d). Pub. L. 112–81 added subsec. (d). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions in subsec. (d) of this section requiring submittal of an- nual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title. PLANS REGARDING CONDITION AND MAINTENANCE OF PREPOSITIONED STOCKPILES OF NAVY, MARINE CORPS, AND AIR FORCE Pub. L. 118–159, div. A, title III, § 333, Dec. 23, 2024, 138 Stat. 1855, provided that: ‘‘(a) PLAN REQUIRED.— ‘‘(1) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of the Navy and the Secretary of the Air Force shall each develop a plan to improve the re- quired inspection procedures for the prepositioned stockpiles of the Armed Force concerned, for the pur- pose of identifying deficiencies and conducting main- tenance repairs at levels necessary to ensure such prepositioned stockpiles are mission capable. ‘‘(2) ADDITIONAL REQUIREMENTS FOR NAVY AND MA- RINE CORPS PLAN.—The plan of the Secretary of the Navy required under paragraph (1) shall include— ‘‘(A) an analysis of the readiness of ships of the Navy and Marine Corps that hold or facilitate the off-loading of prepositioned stockpiles; and ‘‘(B) suggestions for improving inspection proce- dures of such ships. ‘‘(b) IMPLEMENTATION.—Not later than 30 days after the date on which the Secretary concerned completes the development of a plan under subsection (a), and not less frequently than twice each year thereafter for the three-year period beginning on the date of the enact- ment of this Act, the Secretary concerned shall inspect the prepositioned stockpiles of the Armed Force con- cerned in accordance with the procedures under such plan. ‘‘(c) BRIEFINGS.— ‘‘(1) BRIEFING ON PLAN.—Not later than 120 days after the date of the enactment of this Act, each Sec- retary concerned shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the plan of the Sec- retary developed under subsection (a). ‘‘(2) BRIEFINGS ON STATUS OF PREPOSITIONED STOCK- PILES.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter Page 1818 TITLE 10—ARMED FORCES § 2229 for the three-year period beginning on the date of the enactment of this Act, each Secretary concerned shall provide to the congressional defense commit- tees a briefing on the status and condition of the prepositioned stockpiles of the Armed Force con- cerned. ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) The term ‘Armed Force concerned’ means— ‘‘(A) the Navy and the Marine Corps, with respect to the Secretary of the Navy; ‘‘(B) the Air Force, with respect to the Secretary of the Air Force. ‘‘(2) The term ‘Secretary concerned’ means— ‘‘(A) the Secretary of the Navy, with respect to matters concerning the Navy and the Marine Corps; and ‘‘(B) the Secretary of the Air Force, with respect to matters concerning the Air Force.’’ PRE-POSITIONED STOCKS OF FINISHED DEFENSE TEXTILE ARTICLES Pub. L. 118–159, div. A, title III, § 336, Dec. 23, 2024, 138 Stat. 1856, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may es- tablish pre-positioned stocks of finished defense textile articles, such as uniforms and protective gear, to sup- port the rapid mobilization and sustainment of mem- bers of the Armed Forces during a contingency oper- ation. ‘‘(b) PLAN TO REDUCE DELAYS.—The Secretary shall develop a plan for phasing in and targeting policy changes relating to defense textile articles to reduce delinquencies and mitigate delays between policy deci- sions that may result in the miscalculation of stock- piling in order to ensure ample finished textiles are available to prevent a scenario in which the demand for certain articles is ramping down by the time the supply chain can ramp up to meet the need.’’ PLAN REGARDING CONDITION AND MAINTENANCE OF PREPOSITIONED STOCKPILES OF THE ARMY Pub. L. 118–31, div. A, title III, § 349, Dec. 22, 2023, 137 Stat. 228, provided that: ‘‘(a) PLAN REQUIRED.—Not later than 90 days after the date of the enactment of this Act [Dec. 22, 2023], the Secretary of the Army shall develop a plan to improve the required inspection procedures for the prepositioned stockpiles of the Army, for the purpose of identifying deficiencies and conducting maintenance repairs at levels necessary to ensure such prepositioned stockpiles are mission-capable. ‘‘(b) IMPLEMENTATION.—Not later than 30 days after the date on which the Secretary completes the develop- ment of the plan under subsection (a), and not less fre- quently than twice each year thereafter for the three- year period beginning on the date of the enactment of this Act, the Secretary shall inspect the prepositioned stockpiles of the Army in accordance with the proce- dures under such plan. ‘‘(c) BRIEFINGS.— ‘‘(1) BRIEFING ON PLAN.—Not later than 120 days after the date of the enactment of this Act, the Sec- retary of the Army shall provide to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a briefing on the plan developed under subsection (a). ‘‘(2) BRIEFINGS ON STATUS OF PREPOSITIONED STOCK- PILES.—Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter for the three-year period beginning on the date of the enactment of this Act, the Secretary of the Army shall provide to the congressional defense commit- tees a briefing on the status and condition of the prepositioned stockpiles of the Army.’’ IMPLEMENTATION PLAN AND REPORT Pub. L. 113–66, div. A, title III, § 321(b), (c), Dec. 26, 2013, 127 Stat. 731, 732, as amended by Pub. L. 113–291, div. A, title III, § 324, Dec. 19, 2014, 128 Stat. 3343, pro- vided that: ‘‘(b) IMPLEMENTATION PLAN.— ‘‘(1) IN GENERAL.—Not later than 120 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall submit to the congres- sional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementation of the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a). ‘‘(2) ELEMENTS.—The implementation plan required under paragraph (1) shall include the following ele- ments: ‘‘(A) Detailed guidance for how the Department of Defense will achieve the vision, end state, and goals outlined in the strategic policy. ‘‘(B) A comprehensive list of the Department’s prepositioned materiel and equipment programs. ‘‘(C) A detailed description of how the plan will be implemented. ‘‘(D) A schedule with milestones for the imple- mentation of the plan. ‘‘(E) An assignment of roles and responsibilities for the implementation of the plan. ‘‘(F) A description of the resources required to implement the plan. ‘‘(G) A description of how the plan will be re- viewed and assessed to monitor progress. ‘‘(c) COMPTROLLER GENERAL REPORT.— ‘‘(1) INITIAL REPORT.—Not later than 180 days after the date of the enactment of this Act, the Comp- troller General of the United States shall review the implementation plan submitted under subsection (b) and the prepositioning strategic policy required under section 2229(a) of title 10, United States Code, as amended by subsection (a), and submit to the con- gressional defense committees a report describing the findings of such review and including any additional information relating to the propositioning strategic policy and plan that the Comptroller General deter- mines appropriate. ‘‘(2) PROGRESS REPORTS.—Not later than one year after submitting the report required under paragraph (1), and annually thereafter for two years, the Comp- troller General shall submit to the congressional de- fense committees a report assessing the progress of the Department of Defense in implementing its stra- tegic policy and plan for its prepositioned stocks and including any additional information related to the Department’s management of its prepositioned stocks that the Comptroller General determines ap- propriate.’’ DEADLINE FOR ESTABLISHMENT OF POLICY Pub. L. 109–364, div. A, title III, § 351(c), Oct. 17, 2006, 120 Stat. 2160, provided that: ‘‘(1) DEADLINE.—Not later than six months after the date of the enactment of this Act [Oct. 17, 2006], the Secretary of Defense shall establish the strategic pol- icy on the programs of the Department of Defense for the prepositioning of materiel and equipment required under section 2229 of title 10, United States Code, as added by subsection (a). ‘‘(2) LIMITATION ON DIVERSION OF PREPOSITIONED MATE- RIEL.—During the period beginning on the date of the enactment of this Act [Oct. 17, 2006] and ending on the date on which the Secretary of Defense submits the re- port required under section 2229(c) of title 10, United States Code, on the policy referred to in paragraph (1), the Secretary of a military department may not divert materiel or equipment from prepositioned stocks ex- cept for the purpose of directly supporting a contin- gency operation or providing humanitarian assistance under chapter 20 of that title.’’ IMPROVING DEPARTMENT OF DEFENSE SUPPORT FOR CIVIL AUTHORITIES Pub. L. 109–364, div. A, title III, § 359, Oct. 17, 2006, 120 Stat. 2164, provided that: Page 1819 TITLE 10—ARMED FORCES § 2229a ‘‘(a) CONSULTATION.—In the development of concept plans for the Department of Defense for providing sup- port to civil authorities, the Secretary of Defense may consult with the Secretary of Homeland Security and State governments. ‘‘(b) PREPOSITIONING OF DEPARTMENT OF DEFENSE AS- SETS.—The Secretary of Defense may provide for the prepositioning of prepackaged or preidentified basic re- sponse assets, such as medical supplies, food and water, and communications equipment, in order to improve the ability of the Department of Defense to rapidly pro- vide support to civil authorities. The prepositioning of basic response assets shall be carried out in a manner consistent with Department of Defense concept plans for providing support to civil authorities and section 2229 of title 10, United States Code, as added by section 351. ‘‘(c) REIMBURSEMENT.—To the extent required by sec- tion 1535 of title 31, United States Code, or other appli- cable law, the Secretary of Defense shall require that the Department of Defense be reimbursed for costs in- curred by the Department in the prepositioning of basic response assets under subsection (b). ‘‘(d) MILITARY READINESS.—The Secretary of Defense shall ensure that the prepositioning of basic response assets under subsection (b) does not adversely affect the military preparedness of the United States. ‘‘(e) PROCEDURES AND GUIDELINES.—The Secretary may develop procedures and guidelines applicable to the prepositioning of basic response assets under sub- section (b).’’ § 2229a. Annual report on prepositioned materiel and equipment (a) ANNUAL REPORT REQUIRED.—Not later than the date of the submission of the President’s budget request for a fiscal year under section 1105 of title 31, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the materiel in the prepositioned stocks as of the end of the fiscal year preceding the fiscal year during which the report is submitted. Each report shall be unclas- sified and may contain a classified annex. Each report shall include the following information: (1) The level of fill for major end items of equipment and spare parts in each prepositioned set as of the end of the fiscal year covered by the report. (2) The material condition of equipment in the prepositioned stocks as of the end of such fiscal year, grouped by category or major end item. (3) A list of major end items of equipment drawn from the prepositioned stocks during such fiscal year and a description of how that equipment was used and whether it was re- turned to the stocks after being used. (4) A timeline for completely reconstituting any shortfall in the prepositioned stocks. (5) An estimate of the amount of funds re- quired to completely reconstitute any short- fall in the prepositioned stocks and a descrip- tion of the Secretary’s plan for carrying out such complete reconstitution. (6) A list of any operations plan affected by any shortfall in the prepositioned stocks and a description of any action taken to mitigate any risk that such a shortfall may create. (7) A list of any non-standard items slated for inclusion in the prepositioned stocks and a plan for funding the inclusion and sustainment of such items. (8) A list of any equipment used in support of contingency operations slated for retrograde and subsequent inclusion in the prepositioned stocks. (9) An efficiency strategy for limited shelf- life medical stock replacement. (10) The status of efforts to develop a joint strategy, integrate service requirements, and eliminate redundancies. (11) The operational planning assumptions used in the formulation of prepositioned stock levels and composition. (12) A list of any strategic plans affected by changes to the levels, composition, or loca- tions of the prepositioned stocks and a de- scription of any action taken to mitigate any risk that such changes may create. (b) COMPTROLLER GENERAL REVIEW.—(1) The Comptroller General shall review each report submitted under subsection (a) and, as the Comptroller General determines appropriate, submit to the congressional defense committees any additional information that the Comptroller General determines will further inform such committees on issues relating to the status of the materiel in the prepositioned stocks. (2) The Secretary of Defense shall ensure the full cooperation of the Department of Defense with the Comptroller General for purposes of the conduct of the review required by this sub- section, both before and after each report is sub- mitted under subsection (a). The Secretary shall conduct periodic briefings for the Comptroller General on the information covered by each re- port required under subsection (a) and provide to the Comptroller General access to the data and preliminary results to be used by the Sec- retary in preparing each such report before the Secretary submits the report to enable the Comptroller General to conduct each review re- quired under paragraph (1) in a timely manner. (3) The requirement to conduct a review under this subsection shall terminate on September 30, 2015. (Added Pub. L. 110–181, div. A, title III, § 352(a), Jan. 28, 2008, 122 Stat. 71; amended Pub. L. 112–81, div. A, title III, § 341(b), Dec. 31, 2011, 125 Stat. 1369; Pub. L. 112–239, div. A, title III, § 343, Jan. 2, 2013, 126 Stat. 1700; Pub. L. 114–92, div. A, title III, § 331, Nov. 25, 2015, 129 Stat. 791.) Editorial Notes AMENDMENTS 2015—Subsec. (a)(8). Pub. L. 114–92 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘A list of any equipment used in support of Operation Iraqi Freedom, Operation New Dawn, or Operation En- during Freedom slated for retrograde and subsequent inclusion in the prepositioned stocks.’’ 2013—Subsec. (b)(1). Pub. L. 112–239 substituted ‘‘The’’ for ‘‘By not later than 120 days after the date on which a report is submitted under subsection (a), the’’ and ‘‘each report submitted under subsection (a)’’ for ‘‘the report’’. 2011—Subsec. (a)(7) to (12). Pub. L. 112–81 added pars. (7) to (12). Statutory Notes and Related Subsidiaries TERMINATION OF REPORTING REQUIREMENTS For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.