Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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title: "10 U.S.C. § 4812"
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description: "National Defense Technology and Industrial Base Council"
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chapter_number: "382"
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section: "4812"
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---
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# 10 U.S.C. § 4812 - National Defense Technology and Industrial Base Council
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## Text
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(a) Establishment.— There is a National Defense Technology and Industrial Base Council.
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(b) Composition.— The Council is composed of the following members:
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(1) The Secretary of Defense, who shall serve as chairman.
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(2) The Secretary of Energy.
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(3) The Secretary of Commerce.
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(4) The Secretary of Labor.
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(5) Such other officials as may be determined by the President.
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(c) Responsibilities.— The Council shall have the responsibility to ensure effective cooperation among departments and agencies of the Federal Government, and to provide advice and recommendations to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor, concerning—
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(1) the capabilities of the national technology and industrial base to meet the national security objectives set forth in section 4811(a) of this title;
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(2) programs for achieving such national security objectives;
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(3) changes in acquisition policy that strengthen the national technology and industrial base; and
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(4) collaboration with government officials of member countries of the national technology and industrial base in order to strengthen the national technology and industrial base.
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(d) Alternative Performance of Responsibilities.— Notwithstanding subsection (c), the President may assign the responsibilities of the Council to another interagency organization of the executive branch that includes among its members the officials specified in paragraphs (1) through (4) of subsection (b).
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(Added Pub. L. 102–484, div. D, title XLII, § 4212(a), Oct. 23, 1992, 106 Stat. 2664, § 2502; amended Pub. L. 103–160, div. A, title XIII, § 1312(b), Nov. 30, 1993, 107 Stat. 1786; Pub. L. 103–337, div. A, title X, § 1070(a)(12), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title X, § 1081(b), Feb. 10, 1996, 110 Stat. 452; Pub. L. 104–201, div. A, title VIII, § 829(c)(2), formerly § 829(c)(2), (3), Sept. 23, 1996, 110 Stat. 2613, renumbered Pub. L. 105–85, div. A, title X, § 1073(c)(7)(B), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 105–85, div. A, title X, § 1073(c)(7)(A), Nov. 18, 1997, 111 Stat. 1904; renumbered § 4812 and amended Pub. L. 116–283, div. A, title VIII, § 846(c), title XVIII, § 1867(b), (d)(1), Jan. 1, 2021, 134 Stat. 3768, 4281.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283, § 1867(b), renumbered section 2502 of this title as this section. Subsec. (c)(1). Pub. L. 116–283, § 1867(d)(1), substituted “section 4811(a)” for “section 2501(a)”. Subsec. (c)(4). Pub. L. 116–283, § 846(c), added par. (4). 1997—Subsec. (c). Pub. L. 105–85, § 1073(c)(7)(A), made technical correction to directory language of Pub. L. 104–201, § 829(c)(2). See 1996 Amendment note below. 1996—Subsec. (c). Pub. L. 104–201, § 829(c)(2), formerly § 829(c)(2), (3), as renumbered and amended by Pub. L. 105–85, substituted “the responsibility to ensure effective cooperation” for “the following responsibilities:”, struck out “(1) To ensure the effective cooperation” before “among departments”, struck out par. (2), redesignated subpars. (A), (B), and (C) as pars. (1), (2), and (3), respectively, and adjusted margins of such pars. Prior to repeal, par. (2) read as follows: “To prepare the periodic assessment and the periodic plan required by sections 2505 and 2506 of this title, respectively.” Subsec. (c)(1)(B). Pub. L. 104–106, § 1081(b)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “programs for achieving, during a period of reduction in defense expenditures, the defense reinvestment, diversification, and conversion objectives set forth in section 2501(b) of this title; and”. Subsec. (c)(2), (3). Pub. L. 104–106, § 1081(b)(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “To provide overall policy guidance to ensure effective implementation by agencies of the Federal Government of defense reinvestment and conversion activities during a period of reduction in defense expenditures.” 1994—Subsec. (d). Pub. L. 103–337 substituted “executive” for “Executive”. 1993—Subsec. (d). Pub. L. 103–160 added subsec. (d).
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by section 1867(b), (d)(1) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Effective Date of 1997 AmendmentPub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.
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---
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# 10 U.S.C. § 4813 - National defense program for analysis of the technology and industrial base
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## Text
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(a) Establishment.— The Secretary of Defense shall establish a program for analysis of the national technology and industrial base.
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(b) Supervision of Program.— The Secretary of Defense shall carry out the program through the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment. In carrying out the program, the Under Secretaries shall consult with the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor.
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(c) Functions.— The functions of the program shall include, with respect to the national technology and industrial base, the following:
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(1) The assembly of timely and authoritative information.
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(2) Initiation of studies and analyses.
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(3) Provision of technical support and assistance to—
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(A) the Secretary of Defense for the preparation of the periodic assessments required by section 4816 of this title;
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(B) the defense acquisition university structure and its elements; and
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(C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.
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(4) Dissemination, through the National Technical Information Service of the Department of Commerce, of unclassified information and assessments for further dissemination within the Federal Government and to the private sector.
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(Added Pub. L. 102–484, div. D, title XLII, § 4213(a), Oct. 23, 1992, 106 Stat. 2665, § 2503; amended Pub. L. 104–201, div. A, title VIII, § 829(b), Sept. 23, 1996, 110 Stat. 2612; Pub. L. 107–107, div. A, title X, § 1048(b)(4), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(74), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4813 and amended Pub. L. 116–283, div. A, title XVIII, § 1867(b), (d)(2), Jan. 1, 2021, 134 Stat. 4281.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283, § 1867(b), renumbered section 2503 of this title as this section. Subsec. (c)(3)(A). Pub. L. 116–283, § 1867(d)(2), substituted “section 4816” for “section 2505”. 2019—Subsec. (b). Pub. L. 116–92 substituted “the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Acquisition and Sustainment” for “the Under Secretary of Defense for Acquisition, Technology, and Logistics” and “the Under Secretaries shall” for “the Under Secretary shall”. 2001—Subsec. (b). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition”. 1996—Subsec. (a). Pub. L. 104–201, § 829(b)(1), substituted “The Secretary of Defense” for “(1) The Secretary of Defense, in consultation with the National Defense Technology and Industrial Base Council,” and struck out pars. (2) to (4) which read as follows: “(2) As determined by the Secretary of Defense, the program shall be administered by one of the following: “(A) An existing federally funded research and development center. “(B) A consortium of existing federally funded research and development centers and other nonprofit entities. “(C) A private sector entity (other than a federally funded research and development center). “(D) The National Defense University. “(3) A contract may be awarded under subparagraph (A), (B), or (C) of paragraph (2) only through the use of competitive procedures. “(4) The Secretary of Defense shall ensure that there is appropriate coordination between the program and the Critical Technologies Institute.” Subsec. (c)(3)(A). Pub. L. 104–201, § 829(b)(2), substituted “the Secretary of Defense for” for “the National Defense Technology and Industrial Base Council in” and struck out “and the periodic plans required by section 2506 of this title” after “section 2505 of this title”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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---
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type: "LegalText"
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title: "10 U.S.C. § 4814"
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description: "National technology and industrial base: biennial report"
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---
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# 10 U.S.C. § 4814 - National technology and industrial base: biennial report
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## Text
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The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives by March 1 of each odd-numbered year a report which shall include the following information:
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(1) A description of the departmental guidance prepared pursuant to section 4811(c) of this title.
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(2) A description of the assessments prepared pursuant to section 4816 of this title and other analyses used in developing the budget submission of the Department of Defense for the next fiscal year.
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(3) Based on the strategy required by section 4811 of this title and on the assessments prepared pursuant to Executive order or section 4816 of this title—
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(A) a map of the industrial base;
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(B) a prioritized list of gaps or vulnerabilities in the national technology and industrial base (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions), including—
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(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
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(ii) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
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(iii) a proposed timeline for action to address such gaps or vulnerabilities; and
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(C) any other steps necessary to foster and safeguard the national technology and industrial base.
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(4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
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(5) A detailed description of any use by the Secretary of Defense or a Secretary concerned, as applicable, during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or chapter 385 of this title, including—
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(A) the type of waiver or exception used; and
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(B) the reasoning for the use of each such waiver or exception.
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(Added Pub. L. 104–201, div. A, title VIII, § 829(e), Sept. 23, 1996, 110 Stat. 2614, § 2504; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–239, div. A, title XVI, § 1603(b), Jan. 2, 2013, 126 Stat. 2063; Pub. L. 116–92, div. A, title VIII, § 846(b), Dec. 20, 2019, 133 Stat. 1503; renumbered § 4814 and amended Pub. L. 116–283, div. A, title VIII, § 842(a), (b)(1), title XVIII, § 1867(b), (d)(3), Jan. 1, 2021, 134 Stat. 3764, 3765, 4281; Pub. L. 117–81, div. A, title III, § 333, title XVII, § 1701(b)(22)(A), (d)(15), Dec. 27, 2021, 135 Stat. 1638, 2135, 2137; Pub. L. 118–31, div. A, title X, § 1061(c)(1), Dec. 22, 2023, 137 Stat. 399.)
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## Notes
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Editorial Notes
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Amendments2023—Pub. L. 118–31, in section catchline, substituted “National technology and industrial base: biennial report” for “National technology and industrial base: annual report and quarterly briefings”; in subsec. (a), struck out designation and heading “Annual Report” before “The Secretary of Defense shall transmit” and substituted “March 1 of each odd-numbered year” for “March 1 of each year” in introductory provisions; and struck out subsec. (b) which required quarterly briefings from the Secretary of Defense to the congressional defense committees. 2021—Pub. L. 116–283, § 1867(b), renumbered section 2504 of this title as this section. Pub. L. 116–283, § 842(b)(1), amended section catchline generally, substituting “National technology and industrial base: annual report and quarterly briefings” for “Annual report to Congress”. Subsec. (a). Pub. L. 116–283, § 842(a)(1), designated existing provisions as subsec. (a) and inserted heading. Subsec. (a)(1). Pub. L. 116–283, § 1867(d)(3)(A), as amended by Pub. L. 117–81, § 1701(b)(22)(A), substituted “section 4811(c)” for “section 2506”. Subsec. (a)(2). Pub. L. 116–283, § 1867(d)(3)(B), as amended by Pub. L. 117–81, § 1701(b)(22)(A), substituted “section 4816” for “section 2505”. Subsec. (a)(3). Pub. L. 116–283, § 1867(d)(3)(C), as amended by Pub. L. 117–81, § 1701(b)(22)(A), substituted “section 4811” for “section 2501” and “section 4816” for “section 2505”. Subsec. (a)(3)(B). Pub. L. 117–81, § 333, which directed the amendment of par. (3)(B) by inserting “(including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions)” after “industrial base”, was executed by making the insertion in subsec. (a)(3)(B) to reflect the probable intent of Congress. Subsec. (a)(5). Pub. L. 117–81, § 1701(d)(15), substituted “chapter 385” for “subchapter V of chapter 148” in introductory provisions. Pub. L. 116–283, § 842(a)(2), added par. (5). Subsec. (b). Pub. L. 116–283, § 842(a)(3), added subsec. (b). 2019—Par. (3). Pub. L. 116–92, § 846(b)(1), inserted “Executive order or” after “pursuant to”. Par. (3)(A). Pub. L. 116–92, § 846(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a description of any mitigation strategies necessary to address any gaps or vulnerabilities in the national technology and industrial base; and”. Par. (3)(B), (C). Pub. L. 116–92, § 846(b)(3), (4), added subpar. (B) and redesignated former subpar. (B) as (C). 2013—Pars. (2), (3). Pub. L. 112–239 added par. (3), redesignated former par. (3) as (2) and struck out former par. (2) which read as follows: “A description of the methods and analyses being undertaken by the Department of Defense alone or in cooperation with other Federal agencies, to identify and address concerns regarding technological and industrial capabilities of the national technology and industrial base.” 1999—Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by section 1701(b)(22)(A) of Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1701(d)(15) of Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1867(b), (d)(3) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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---
|
||||
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# 10 U.S.C. § 4815 - Unfunded priorities of the national technology and industrial base: annual report
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## Text
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||||
(a) Annual Report.— Not later than 10 days after the date on which the budget of the President for a fiscal year is submitted to Congress pursuant to section 1105 of title 31, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense, the Chairman of the Joint Chiefs of Staff, and the congressional defense committees a report on the unfunded priorities to address gaps or vulnerabilities in the national technology and industrial base.
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(b) Elements.— (1) In general.— Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
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(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
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(B) The additional amount of funds recommended in connection with the objectives under subparagraph (A).
|
||||
|
||||
(C) Account information with respect to such priority, including the following (as applicable):
|
||||
|
||||
(i) Line Item Number (LIN) for applicable procurement accounts.
|
||||
|
||||
(ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts.
|
||||
|
||||
(iii) Sub-activity group (SAG) for applicable operation and maintenance accounts.
|
||||
|
||||
(2) Prioritization of priorities.— Each report shall present the unfunded priorities covered by such report in order of urgency of priority.
|
||||
|
||||
(c) Unfunded Priority Defined.— In this section, the term “unfunded priority”, in the case of a fiscal year, means a program, activity, or mission requirement of the national technology and industrial base that—
|
||||
|
||||
(1) is not funded in the budget of the President for the fiscal year as submitted to Congress pursuant to section 1105 of title 31;
|
||||
|
||||
(2) is necessary to address gaps or vulnerabilities in the national technology and industrial base; and
|
||||
|
||||
(3) would have been recommended for funding through the budget referred to in paragraph (1) if—
|
||||
|
||||
(A) additional resources had been available for the budget to fund the program, activity, or mission requirement; or
|
||||
|
||||
(B) the program, activity, or mission requirement had emerged before the budget was formulated.
|
||||
|
||||
(Added Pub. L. 116–92, div. A, title VIII, § 846(c)(1), Dec. 20, 2019, 133 Stat. 1504, § 2504a; renumbered § 4815, Pub. L. 116–283, div. A, title XVIII, § 1867(b), Jan. 1, 2021, 134 Stat. 4281.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2504a of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,77 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4816"
|
||||
description: "National technology and industrial base: periodic defense capability assessments"
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 4816"
|
||||
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|
||||
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|
||||
release_date: "2026-06-26"
|
||||
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|
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|
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4816 - National technology and industrial base: periodic defense capability assessments
|
||||
|
||||
## Text
|
||||
|
||||
(a) Periodic Assessment.— Each fiscal year, the Secretary of Defense shall prepare selected assessments of the capability of the national technology and industrial base to attain the national security objectives set forth in section 4811(a) of this title. The Secretary of Defense shall prepare such assessments in consultation with the Secretary of Commerce and the Secretary of Energy.
|
||||
|
||||
(b) Assessment Process.— The Secretary of Defense shall ensure that technology and industrial capability assessments—
|
||||
|
||||
(1) describe sectors or capabilities, their underlying infrastructure and processes;
|
||||
|
||||
(2) analyze present and projected financial performance of industries supporting the sectors or capabilities in the assessment;
|
||||
|
||||
(3) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries supporting the sectors or capabilities in the assessment, evaluate the reasons for any variance from applicable preceding determinations, and identify the extent to which those industries are comprised of only one potential source in the national technology and industrial base or have multiple potential sources;
|
||||
|
||||
(4) determine the extent to which the requirements associated with defense acquisition programs can be satisfied by the present and projected performance capacities of industries that do not actively support Department of Defense acquisition programs and identify the barriers to the participation of those industries;
|
||||
|
||||
(5) identify technological and industrial capabilities and processes for which there is potential for the national industrial and technology base not to be able to support the achievement of national security objectives; and
|
||||
|
||||
(6) consider the effects of the termination of major defense acquisition programs (as the term is defined in section 4201 of this title) in the previous fiscal year on the sectors and capabilities in the assessment.
|
||||
|
||||
(c) Assessment of Extent of Dependency on Foreign Source Items.— Each assessment under subsection (a) shall include a separate discussion and presentation regarding the extent to which the national technology and industrial base is dependent on items for which the source of supply, manufacture, or technology is outside of the United States and Canada and for which there is no immediately available source in the United States or Canada. The discussion and presentation regarding foreign dependency shall—
|
||||
|
||||
(1) identify cases that pose an unacceptable risk of foreign dependency, as determined by the Secretary; and
|
||||
|
||||
(2) present actions being taken or proposed to be taken to remedy the risk posed by the cases identified under paragraph (1), including efforts to develop a domestic source for the item in question.
|
||||
|
||||
(d) Assessment of Extent of Effects of Foreign Boycotts.— Each assessment under subsection (a) shall include an examination of the extent to which the national technology and industrial base is affected by foreign boycotts. If it is determined that a foreign boycott (other than a boycott addressed in a previous assessment) is subjecting the national technology and industrial base to significant harm, the assessment shall include a separate discussion and presentation regarding that foreign boycott that shall, at a minimum—
|
||||
|
||||
(1) identify the sectors that are subject to such harm;
|
||||
|
||||
(2) describe the harm resulting from such boycott; and
|
||||
|
||||
(3) identify actions necessary to minimize the effects of such boycott on the national technology and industrial base.
|
||||
|
||||
(e) Integrated Process.— The Secretary of Defense shall ensure that consideration of the technology and industrial base assessments is integrated into the overall budget, acquisition, and logistics support decision processes of the Department of Defense.
|
||||
|
||||
(Added Pub. L. 102–484, div. D, title XLII, § 4215, Oct. 23, 1992, 106 Stat. 2667, § 2505; amended Pub. L. 103–35, title II, § 201(g)(7), May 31, 1993, 107 Stat. 100; Pub. L. 104–201, div. A, title VIII, § 829(c)(1), Sept. 23, 1996, 110 Stat. 2612; Pub. L. 111–23, title III, § 303(b), May 22, 2009, 123 Stat. 1731; Pub. L. 111–383, div. A, title VIII, § 895(c), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 112–239, div. A, title XVI, § 1602, Jan. 2, 2013, 126 Stat. 2062; Pub. L. 114–92, div. A, title VIII, § 876, Nov. 25, 2015, 129 Stat. 941; renumbered § 4816 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1867(b), (d)(4), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4281, 4282, 4294; Pub. L. 118–159, div. A, title XVII, § 1701(a)(41), Dec. 23, 2024, 138 Stat. 2206; Pub. L. 119–60, div. A, title XVII, § 1701(a)(30), Dec. 18, 2025, 139 Stat. 1209.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (b)(6). Pub. L. 119–60 inserted closing parenthesis after “this title”. 2024—Subsec. (b)(6). Pub. L. 118–159, which directed substitution of “section 4201 of this title” for “section 2430 of this title) or major automated information systems (as defined in section 2445a of this title)”, was executed by making the substitution for “section 2430 of this title) or major automated information system programs (as defined in section 2445a of this title)” to reflect the probable intent of Congress. 2021—Pub. L. 116–283, § 1867(b), renumbered section 2505 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1867(d)(4), substituted “section 4811(a)” for “section 2501(a)”. Subsec. (b)(6). Pub. L. 116–283, § 1883(b)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Pub. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed with respect to “section 2430”, which was redesignated as multiple sections. 2015—Subsec. (b)(3) to (6). Pub. L. 114–92 added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively. 2013—Subsecs. (d), (e). Pub. L. 112–239 added subsec. (d) and redesignated former subsec. (d) as (e). 2011—Subsec. (b)(4). Pub. L. 111–383 inserted “or major automated information system programs (as defined in section 2445a of this title)” after “section 2430 of this title)”. 2009—Subsec. (b)(4). Pub. L. 111–23 added par. (4). 1996—Pub. L. 104–201 reenacted section catchline without change and amended text generally. Prior to amendment, text consisted of subsecs. (a) to (d) providing for National Defense Technology and Industrial Base Council to prepare, at least annually through fiscal year 1997 and biennially thereafter, a comprehensive assessment of capability of the national technology and industrial base to attain national security objectives. 1993—Pub. L. 103–35 substituted “capability” for “capabilty” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Pilot Program on Strengthening the Defense Industrial and Innovation BasePub. L. 115–91, div. A, title XVII, § 1711, Dec. 12, 2017, 131 Stat. 1811, as amended by Pub. L. 116–283, div. A, title II, § 213(c), Jan. 1, 2021, 134 Stat. 3457, provided that: “(a) Pilot Program Required.—The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of increasing the capability of the defense industrial base and the defense innovation base to support—“(1) development, prototyping, and manufacturing production needs to meet military requirements; and “(2) development, prototyping, and manufacturing of emerging defense and commercial technologies. “(b) Authorities.—The Secretary shall carry out the pilot program under the following:“(1) [Former] Chapters 137 and 139 and sections 2371, 2371b, and 2373 of title 10, United States Code [now 10 U.S.C. 4021, 4022, 4023]. “(2) [Former] Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note [now 10 U.S.C. 4061 note prec.]). “(3) Such other legal authorities as the Secretary considers applicable to carrying out the pilot program. “(c) Activities.—Activities under the pilot program may include the following:“(1) Use of contracts, grants, or other transaction authorities to support development, prototyping, and manufacturing capabilities in small- and medium-sized manufacturers. “(2) Purchases of goods or equipment for testing and certification purposes. “(3) Incentives, including purchase commitments and cost sharing with nongovernmental sources, for the private sector to develop capabilities in areas of national security interest. “(4) Issuing loans or providing loan guarantees to small- and medium-sized companies to support manufacturing and production capabilities in areas of national security interest. “(5) Giving awards to third party entities to support investments in small- and medium-sized companies working in areas of national security interest, including debt and equity investments that would benefit missions of the Department of Defense. “(6) Such other activities as the Secretary determines necessary. “(d) Termination.—The pilot program shall terminate on December 31, 2026. “(e) Briefing Required.—No later than January 31, 2027, the Secretary of Defense shall provide a briefing to the Committees on Armed Services in the Senate and the House of Representatives on the results of the pilot program.”
|
||||
@@ -0,0 +1,251 @@
|
||||
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|
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|
||||
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|
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4817 - Industrial Base Fund
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— The Secretary of Defense shall establish an Industrial Base Fund (in this section referred to as the “Fund”).
|
||||
|
||||
(b) Control of Fund.— The Fund shall be under the control of the Under Secretary of Defense for Acquisition and Sustainment, acting through the Deputy Assistant Secretary of Defense for Manufacturing and Industrial Base Policy.
|
||||
|
||||
(c) Amounts in Fund.— The Fund shall consist of amounts appropriated or otherwise made available to the Fund.
|
||||
|
||||
(d) Use of Fund.— Subject to subsection (e), the Fund shall be used—
|
||||
|
||||
(1) to support the monitoring and assessment of the industrial base required by chapters 381 through 385 and chapter 389;
|
||||
|
||||
(2) to address critical issues in the industrial base relating to urgent operational needs;
|
||||
|
||||
(3) to support efforts to expand the industrial base; and
|
||||
|
||||
(4) to address supply chain vulnerabilities.
|
||||
|
||||
(e) Use of Fund Subject to Appropriations.— The authority of the Secretary of Defense to use the Fund under this section in any fiscal year is subject to the availability of appropriations for that purpose.
|
||||
|
||||
(f) Expenditures.— The Secretary shall establish procedures for expending monies in the Fund in support of the uses identified in subsection (d), including the following:
|
||||
|
||||
(1) Direct obligations from the Fund.
|
||||
|
||||
(2) Transfers of monies from the Fund to relevant appropriations of the Department of Defense.
|
||||
|
||||
(g) Eligible Uses of Authorities.— (1) In General.— The Secretary of Defense may use the authorities provided by this section with respect to defense supply chains, including for material, material production, components, subassemblies, and finished products, testing and qualification, infrastructure, facility construction and improvement, and equipment needed directly for the following:
|
||||
|
||||
(A) Castings and forgings.
|
||||
|
||||
(B) Kinetic capabilities, including sensors, targeting systems, and delivery platforms.
|
||||
|
||||
(C) Microelectronics.
|
||||
|
||||
(D) Machine tools, including subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment.
|
||||
|
||||
(E) Critical minerals, materials, and chemicals.
|
||||
|
||||
(F) The workforce of the defense industrial base.
|
||||
|
||||
(G) Advanced manufacturing (as defined in section 4841(f)) capability and capacity of the defense industrial base, including manufacturing at or near the point of need in the area of responsibility of the United States Indo-Pacific Command.
|
||||
|
||||
(H) Unmanned vehicles, including subsurface, surface, land, air, single use, and attritable unmanned vehicles and associated launch and recovery platforms.
|
||||
|
||||
(I) Manned aircraft.
|
||||
|
||||
(J) Ground systems.
|
||||
|
||||
(K) Power sources.
|
||||
|
||||
(L) Ships or submarines, including technologies and capabilities for the assembly or automation of ships or submarines, new or modernized infrastructure for the construction of new ships or submarines or the maintenance and sustainment or repair of battle damage to ships or submarines.
|
||||
|
||||
(M) Other materiel solutions required to support the operational plans of the United States Indo-Pacific Command.
|
||||
|
||||
(N) Defense space systems.
|
||||
|
||||
(O) Batteries.
|
||||
|
||||
(2) Prohibition on Use in Covered Countries.— The Secretary may not use the authorities provided by this section for any activity in a covered country.
|
||||
|
||||
(3) Use of Authorities for Other Purposes.— The Secretary may not use the authorities provided by subsections (h) through (j) for a purpose other than a purpose described in paragraph (1) unless the Secretary—
|
||||
|
||||
(A) determines that—
|
||||
|
||||
(i) the use of the authority for such other purpose is essential to the defense interests of the United States; and
|
||||
|
||||
(ii) without the use of the authority for such other purpose, the defense industrial base cannot reasonably be expected to provide a capability needed by the Department of Defense in a timely manner; and
|
||||
|
||||
(B) not less than 30 days prior to the Secretary using such authorities for such other purpose, submits to the congressional defense committees a report on such determination that includes appropriate explanatory material for such use.
|
||||
|
||||
(h) Grants and Other Incentives for Domestic Industrial Base Capabilities.— For the purposes of creating, maintaining, protecting, expanding, or restoring the capabilities of the domestic industrial base that are essential for the defense interests of the United States, the Secretary may—
|
||||
|
||||
(1) use contracts, grants, or other transaction authorities, including cooperative agreements;
|
||||
|
||||
(2) establish incentives for the private sector to develop capabilities in areas of defense interest;
|
||||
|
||||
(3) during the five-year period beginning on the date of the enactment of this subsection, make awards to third party entities to support investments in small- and medium-sized entities working in areas of defense interest that would benefit missions of the Department of Defense; and
|
||||
|
||||
(4) provide subsidies to offset market manipulation.
|
||||
|
||||
(i) Defense Industrial Base Purchase Commitment Program.— (1) In general.— For the purposes of creating, maintaining, protecting, expanding, or restoring capabilities of the industrial base that are essential for the defense interests of the United States, the Secretary may make purchase commitments—
|
||||
|
||||
(A) for the use or resale of an industrial resource or a critical technology item by the Federal Government;
|
||||
|
||||
(B) to encourage the exploration, development, and mining of strategic and critical materials;
|
||||
|
||||
(C) to support the development of other materials and components;
|
||||
|
||||
(D) for the development of production capabilities; and
|
||||
|
||||
(E) to increase the use of emerging technologies in defense program applications and the rapid transition of emerging technologies—
|
||||
|
||||
(i) from research and development sponsored by the Federal Government to commercial applications; and
|
||||
|
||||
(ii) from commercial research and development to national defense applications.
|
||||
|
||||
(2) Exemption for certain limitations.— (A) Purchases.— Except as provided by subparagraph (B), purchase commitments under paragraph (1) may be made for such quantities, and on such terms and conditions, including advance payments, and for such periods, but not extending beyond a date that is not more than 10 years from the date on which such purchase was initially made, as the Secretary deems necessary.
|
||||
|
||||
(B) Limitation.— Purchase commitments under paragraph (1) involving higher than established ceiling prices (or if no such established ceiling prices exist, currently prevailing market prices) or that result in an anticipated loss on resale shall not be made, unless it is determined that supply of the materials to be purchased under such purchase commitments could not be effectively increased or provisioned at lower prices or on terms more favorable to the Federal Government, or that such purchases are necessary to assure the availability to the United States of overseas supplies.
|
||||
|
||||
(3) Findings of secretary.— (A) In general.— The Secretary may take the actions described in subparagraph (B), if the Secretary finds with respect to a specific material that—
|
||||
|
||||
(i) under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies from such sources is necessary to carry out the objectives of this section; or
|
||||
|
||||
(ii) an increase in cost of transportation of such material is temporary and threatens to impair maximum production or supply in any area at stable prices of such material.
|
||||
|
||||
(B) Subsidy payments authorized.— Upon a finding under subparagraph (A) with respect to a material, the Secretary may, for the purposes described in paragraph (1), make provision for subsidy payments for such material from sources other than sources that are or that are in covered countries, in such amounts and in such manner, including purchase commitments of such material or component thereof and the resale of such material or component thereof at a loss, and on such terms and conditions, as the Secretary determines necessary to ensure that—
|
||||
|
||||
(i) in the case of a finding described in clause (i) of such subparagraph, supplies from high-cost sources of such material do not decrease; or
|
||||
|
||||
(ii) in the case of a finding described in clause (ii) of such subparagraph with respect to one or more areas, that maximum production or supply of such material at stable prices in each such area is maintained, as applicable.
|
||||
|
||||
(4) Installation of equipment in industrial facilities.— (A) In general.— The Secretary is authorized to take an action described in subparagraph (B) if the Secretary determines that such action will aid the defense interests of the United States.
|
||||
|
||||
(B) Actions described.— The actions described in this section are—
|
||||
|
||||
(i) procuring and installing additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
|
||||
|
||||
(ii) procuring and installing equipment, including equipment owned by the Federal Government, in privately owned plants, factories, and other industrial facilities;
|
||||
|
||||
(iii) providing for the modification, expansion, or construction of new privately owned facilities, including modifications or improvements to production processes, when taking actions under this subsection or subsection (h);
|
||||
|
||||
(iv) selling or otherwise transferring equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities;
|
||||
|
||||
(v) constructing facilities for the purposes described in section subsection (g)(1); and
|
||||
|
||||
(vi) applying contracts, grants, or other transactions authorities.
|
||||
|
||||
(5) Excess metals, minerals, materials, and components.— (A) In general.— Metals, minerals, materials, and components acquired pursuant to this subsection which are excess to the needs of programs under this section, as determined by the Secretary, shall be transferred to the National Defense Stockpile established by the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, if the Secretary deems such transfer to be in the public interest.
|
||||
|
||||
(B) Transfers at no charge.— Transfers made pursuant to this paragraph shall be made without charge against or reimbursement from funds appropriated for the purposes of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98 et seq.), or other national reserves if available, except that costs incident to such transfer, other than acquisition costs, shall be paid or reimbursed from such funds.
|
||||
|
||||
(C) Treatment of materials.— For the purposes of section 5(a)(3) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(a)(3)), with respect to amounts paid under subparagraph (B) for any metal, mineral, material, or component transferred pursuant to this paragraph—
|
||||
|
||||
(i) such metal, mineral, material, or component is deemed to have been determined to be strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)); and
|
||||
|
||||
(ii) the Stockpile Manager of the National Defense Stockpile is deemed to have determines there is a shortfall of such materials in the National Defense Stockpile.
|
||||
|
||||
(6) Substitutes.— The Secretary may make provision for the development and qualification of substitutes for strategic and critical materials, components, critical technology items, and other industrial resources if and to the extent the Secretary determines that such development and qualification is in the interest of national security.
|
||||
|
||||
(j) Strengthening Domestic Productive Capacity.— (1) In general.— The Secretary may provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of sources for strategic and critical materials, components, critical technology items, and industrial resources essential for the execution of the national security strategy of the United States.
|
||||
|
||||
(2) Strategic and critical materials, components, and critical technology items.— (A) Maintenance of reliable sources of supply.— The Secretary shall take appropriate actions to ensure that strategic and critical materials, components, critical technology items, and industrial resources are available from reliable sources when and as needed to meet the requirements of the Department of Defense during peacetime, mobilization, and national emergency (as defined in section 12 of the Strategic and Critical Materials Act (50 USC 98h-3)).
|
||||
|
||||
(B) Appropriate action.— For purposes of this paragraph, appropriate actions include—
|
||||
|
||||
(i) restricting contract solicitations to reliable sources;
|
||||
|
||||
(ii) stockpiling or placing into reserve strategic and critical materials, components, and critical technology items;
|
||||
|
||||
(iii) planning for necessary long lead times for acquiring such materials, components, and items; and
|
||||
|
||||
(iv) developing and qualifying substitutes for such materials, components, and items.
|
||||
|
||||
(k) Annual Report.— (1) In general.— Not later than October 15, 2026, and annually thereafter, the Secretary shall submit to the congressional defense committee a report evaluating investments made and any other activities carried out using amounts in the Fund during the previous fiscal year.
|
||||
|
||||
(2) Elements.— Each report required by paragraph (1) shall include—
|
||||
|
||||
(A) measures of the effectiveness of the investments and activities described in such paragraph in meeting the needs of the Department of Defense and the defense industrial base;
|
||||
|
||||
(B) an evaluation of the return on investment of all ongoing investments from the Fund; and
|
||||
|
||||
(C) a description of efforts to coordinate activities carried out using amounts in the Fund with activities to support the defense industrial base carried out under other authorities.
|
||||
|
||||
(3) Advice.— In preparing a report required by paragraph (1), the Secretary shall take into account the advice of the defense industry and such other individuals as the Secretary considers relevant.
|
||||
|
||||
(l) Coordination With Other Defense Industrial Base Activities.— Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the congressional defense committees, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report detailing how activities carried out under this section will be coordinated with—
|
||||
|
||||
(1) activities carried out using amounts in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C.4534);
|
||||
|
||||
(2) activities of the Office of Strategic Capital; and
|
||||
|
||||
(3) any other efforts designed to enhance the defense industrial base.
|
||||
|
||||
(m) Definitions.— In this section:
|
||||
|
||||
(1) The term “covered country” means—
|
||||
|
||||
(A) the Russian Federation;
|
||||
|
||||
(B) the Republic of Cuba;
|
||||
|
||||
(C) the Bolivarian Republic of Venezuela;
|
||||
|
||||
(D) the Democratic People’s Republic of Korea;
|
||||
|
||||
(E) the Islamic Republic of Iran; and
|
||||
|
||||
(F) the People’s Republic of China.
|
||||
|
||||
(2) The term “reliable source” means a citizen of, or business entity organized under the laws of—
|
||||
|
||||
(A) the United States or any territory or possession of the United States;
|
||||
|
||||
(B) a country of the national technology and industrial base, as defined in section 4801; or
|
||||
|
||||
(C) a qualifying country, as defined in section 225.003 of the Department of Defense Supplement to the Federal Acquisition Regulation or any successor regulation.
|
||||
|
||||
(3) The term “Secretary” means the Secretary of Defense.
|
||||
|
||||
(4) The term “strategic and critical materials” has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)).
|
||||
|
||||
(Added Pub. L. 111–383, div. A, title VIII, § 896(b)(1), Jan. 7, 2011, 124 Stat. 4315, § 2508; amended Pub. L. 115–91, div. A, title X, § 1081(g)(1), Dec. 12, 2017, 131 Stat. 1601; Pub. L. 116–92, div. A, title IX, § 902(75), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4817, Pub. L. 116–283, div. A, title XVIII, § 1867(b), Jan. 1, 2021, 134 Stat. 4281; Pub. L. 116–283, div. A, title XVIII, § 1867(d)(7), as added Pub. L. 117–81, div. A, title XVII, § 1701(b)(22)(C), Dec. 27, 2021, 135 Stat. 2135; Pub. L. 119–60, div. A, title VIII, § 867(a), (d)(1), Dec. 18, 2025, 139 Stat. 996, 1002.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendment of SectionPub. L. 119–60, div. A, title VIII, § 867(d)(1), Dec. 18, 2025, 139 Stat. 996, 1002, provided that effective Dec. 31, 2035, subsections (g) to (m) of this section, as added by section 867(a) of Pub. L. 119–60, are repealed. See 2025 Amendment notes below.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this subsection, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025. The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (i)(5), is act June 7, 1939, ch. 190, as added Pub. L. 96–41, §2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§ 98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables. The date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, referred to in subsec. (l), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.
|
||||
|
||||
Amendments2025—Subsecs. (g) to (m). Pub. L. 119–60, § 867(d)(1), struck out subsecs. (g) to (m), which related to eligible uses of authorities, grants and other incentives for domestic industrial base capabilities, Defense Industrial Base Purchase Commitment Program, strengthening domestic productive capacity, annual report, coordination with other defense industrial base activities, and definitions, respectively. See Termination Date of 2025 Amendment note below. Pub. L. 119–60, § 867(a), added subsecs. (g) to (m). 2021—Pub. L. 116–283 renumbered section 2508 of this title as this section. Subsec. (d)(1). Pub. L. 116–283, § 1867(d)(7), as added by Pub. L. 117–81, § 1701(b)(22)(C), substituted “chapters 381 through 385 and chapter 389” for “this chapter”. 2019—Subsec. (b). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”. 2017—Pub. L. 115–91, § 1081(g)(1), made technical amendment to directory language of Pub. L. 111–383, § 896(b)(1), which added this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination Date of 2025 AmendmentPub. L. 119–60, div. A, title VIII, § 867(d)(1), Dec. 18, 2025, 139 Stat. 1002, provided that effective Dec. 31, 2035, section 4817 of this title is amended by striking out subsecs. (g) to (m).
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2017 AmendmentPub. L. 115–91, div. A, title X, § 1081(g), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(g)(1) is effective as of Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.
|
||||
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|
||||
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|
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||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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confidence: "official"
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||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4818 - Data collection authority of President
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The President shall be entitled, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in the President’s discretion, to the enforcement or the administration of chapters 381 through 385 and chapter 389 and the regulations issued under such chapters.
|
||||
|
||||
(b) Condition for Use of Authority.— The President shall issue regulations insuring that the authority of this section will be used only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency.
|
||||
|
||||
(c) Penalty for Noncompliance.— Any person who willfully performs any act prohibited or willfully fails to perform any act required by the provisions of subsection (a), or any rule, regulation, or order thereunder, shall be fined under title 18 or imprisoned not more than one year, or both.
|
||||
|
||||
(d) Limitations on Disclosure of Information.— Information obtained under subsection (a) which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense. Any person who willfully violates this subsection shall be fined under title 18 or imprisoned not more than one year, or both.
|
||||
|
||||
(e) Regulations.— The President may make such rules, regulations, and orders as he considers necessary or appropriate to carry out the provisions of this section. Any regulation or order under this section may be established in such form and manner, may contain such classification and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this section, or to prevent circumvention or evasion, or to facilitate enforcement of this section, or any rule, regulation, or order issued under this section.
|
||||
|
||||
(f) Definitions.— In this section:
|
||||
|
||||
(1) The term “person” includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency.
|
||||
|
||||
(2) The term “national defense” means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.
|
||||
|
||||
(Added Pub. L. 102–484, div. D, title XLII, § 4217, Oct. 23, 1992, 106 Stat. 2670, § 2507; amended Pub. L. 103–160, div. A, title XI, § 1182(b)(1), Nov. 30, 1993, 107 Stat. 1772; Pub. L. 109–163, div. A, title X, § 1056(c)(5), Jan. 6, 2006, 119 Stat. 3439; renumbered § 4818 and amended Pub. L. 116–283, div. A, title XVIII, § 1867(b), (d)(5), Jan. 1, 2021, 134 Stat. 4281, 4282; Pub. L. 117–81, div. A, title XVII, § 1701(b)(22)(B), Dec. 27, 2021, 135 Stat. 2135.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1867(b), renumbered section 2507 of this title as this section. Subsec. (a). Pub. L. 116–283, § 1867(d)(5), as amended by Pub. L. 117–81, § 1701(b)(22)(B), substituted “of chapters 381 through 385 and chapter 389” for “of this chapter” and “under such chapters” for “under this chapter”. 2006—Subsec. (d). Pub. L. 109–163 substituted “subsection (a)” for “section (a)”. 1993—Pub. L. 103–160 inserted headings in subsecs. (a) to (f).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
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---
|
||||
|
||||
# 10 U.S.C. § 4820 - National technology and industrial base plans, policy, and guidance
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall prescribe regulations requiring consideration of the national technology and industrial base, in accordance with the strategy required by section 4811 of this title, in the development and implementation of acquisition plans for each major defense acquisition program.
|
||||
|
||||
(b) Acquisition Policy and Guidance.— The Secretary of Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives, the heads of the appropriate Defense Agencies and Department of Defense Field Activities, and relevant program managers. Such policy and guidance shall be germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to chapters 381 through 385 and chapter 389 of this title and the technologies, companies, laboratories, and factories in specific Department of Defense research and development, international cooperative research, procurement, and sustainment activities.
|
||||
|
||||
(Added Pub. L. 102–484, div. D, title XLII, § 4216(b)(1), Oct. 23, 1992, 106 Stat. 2669, § 2440; amended Pub. L. 109–364, div. A, title X, § 1071(a)(17), Oct. 17, 2006, 120 Stat. 2399; Pub. L. 112–239, div. A, title XVI, § 1603(c), Jan. 2, 2013, 126 Stat. 2063; Pub. L. 116–283, div. A, title VIII, § 846(b)(1), title XVIII, § 1847(b)(2)(A), Jan. 1, 2021, 134 Stat. 3768, 4253; renumbered § 4820 and amended Pub. L. 117–81, div. A, title XVII, § 1701(s)(1)(A), (2)(A), (C), Dec. 27, 2021, 135 Stat. 2149; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(36), Dec. 22, 2023, 137 Stat. 685.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Amendments made by section 1701(s)(2)(A), (C) of Pub. L. 117–81 were directed to the Code directly, but probably should have been directed to title XVIII of Pub. L. 116–283 in line with other amendments made by section 1701 of Pub. L. 117–81 that were effective as if included in that title.
|
||||
|
||||
Amendments2023—Subsec. (b). Pub. L. 118–31 substituted “chapters 381 through 385 and chapter 389 of this title” for “subchapters 381 through 385 and subchapter 389 of this title”. 2021—Pub. L. 117–81, § 1701(s)(2)(A), renumbered section 2440 of this title as this section. See Codification note above. Pub. L. 116–283, § 1847(b)(2)(A), which directed transfer of the text of section 2440 of this title to section 4211(c)(3) of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(s)(1)(A). Pub. L. 116–283, § 846(b)(1)(B), (C), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b). Pub. L. 116–283, § 846(b)(1)(A), amended section catchline generally. Prior to amendment, section catchline read as follows: “Technology and industrial base plans”. Subsec. (a). Pub. L. 117–81, § 1701(s)(2)(C)(i), substituted “section 4811” for “section 2501”. See Codification note above. Subsec. (b). Pub. L. 117–81, § 1701(s)(2)(C)(ii), substituted “subchapters 381 through 385 and subchapter 389” for “chapter 148”. See Codification note above. 2013—Pub. L. 112–239 inserted “, in accordance with the strategy required by section 2501 of this title,” after “base”. 2006—Pub. L. 109–364 substituted “industrial base plans” for “Industrial Base Plans” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by section 1847(b)(2)(A) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
Reference in New Issue
Block a user