1. U.S. Code
  2. title 10
  3. subtitle A
  4. part V
  5. subpart I
  6. chapter 382
  7. § 4820

Collapse to view only § 4820. National technology and industrial base plans, policy, and guidance

§ 4811. National security strategy for national technology and industrial base
(a)National Security Strategy for National Technology and Industrial Base.—The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under section 4814 of this title. Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives:
(1) Supplying, equipping, and supporting the force structure of the armed forces that is necessary to achieve—
(A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 3043);
(B) the policy guidance of the Secretary of Defense provided pursuant to section 113(g) of this title; and
(C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to section 221 of this title.
(2) Sustaining production, maintenance, repair, logistics, and other activities in support of military operations of various durations and intensity.
(3) Maintaining advanced research and development activities to provide the armed forces with systems capable of ensuring technological superiority over potential adversaries.
(4) Reconstituting within a reasonable period the capability to develop, produce, and support supplies and equipment, including technologically advanced systems, in sufficient quantities to prepare fully for a war, national emergency, or mobilization of the armed forces before the commencement of that war, national emergency, or mobilization.
(5) Providing for the development, manufacture, and supply of items and technologies critical to the production and sustainment of advanced military weapon systems within the national technology and industrial base.
(6) Providing for the generation of services capabilities that are not core functions of the armed forces and that are critical to military operations within the national technology and industrial base.
(7) Providing for the development, production, and integration of information technology within the national technology and industrial base.
(8) Maintaining critical design skills to ensure that the armed forces are provided with systems capable of ensuring technological superiority over potential adversaries.
(9) Ensuring reliable sources of services, supplies, and materials that are critical to national security, such as specialty metals, essential minerals, armor plate, and rare earth elements, including by reducing reliance on potential adversaries for such services, supplies, and materials to the maximum extent practicable.
(10) Reducing, to the maximum extent practicable, the presence of counterfeit parts in the supply chain and the risk associated with such parts.
(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies required to enable combat readiness and protect the health of the armed forces.
(b)Civil-Military Integration Policy.—The Secretary of Defense shall ensure that the United States attains the national technology and industrial base objectives set forth in subsection (a) through acquisition policy reforms that have the following objectives:
(1) Relying, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs of the United States.
(2) Reducing the reliance of the Department of Defense on technology and industrial base sectors that are economically dependent on Department of Defense business.
(3) Reducing Federal Government barriers to the use of commercial products, processes, and standards.
(c)Department of Defense Technology and Industrial Base Policy Guidance.—
(1)Departmental Guidance.—The Secretary of Defense shall prescribe departmental guidance for the attainment of each of the national security objectives set forth in subsection (a).
(2)Purpose of Guidance.—The guidance prescribed pursuant to paragraph (1) shall provide for technological and industrial capability considerations to be integrated into the strategy, management, budget allocation, acquisition, and logistics support decision processes.
(Added Pub. L. 102–484, div. D, title XLII, § 4211, Oct. 23, 1992, 106 Stat. 2662, § 2501; amended Pub. L. 103–35, title II, § 201(c)(7), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title XI, § 1182(a)(10), title XIII, § 1313, Nov. 30, 1993, 107 Stat. 1771, 1786; Pub. L. 104–106, div. A, title X, § 1081(a), Feb. 10, 1996, 110 Stat. 452; Pub. L. 104–201, div. A, title VIII, § 829(a), Sept. 23, 1996, 110 Stat. 2612; Pub. L. 111–23, title III, § 303(a), May 22, 2009, 123 Stat. 1731; Pub. L. 111–383, div. A, title VIII, § 895(b), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 112–239, div. A, title XVI, § 1603(a)(1), Jan. 2, 2013, 126 Stat. 2062; Pub. L. 113–291, div. A, title X, § 1071(c)(2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–328, div. A, title VIII, § 882, Dec. 23, 2016, 130 Stat. 2316; Pub. L. 116–92, div. A, title VIII, § 846(a), Dec. 20, 2019, 133 Stat. 1503; renumbered § 4811 and amended Pub. L. 116–283, div. A, title VII, § 713(a), title XVIII, § 1867(b), (c)(1), Jan. 1, 2021, 134 Stat. 3692, 4281; Pub. L. 118–31, div. A, title VIII, § 851, title X, § 1061(b), Dec. 22, 2023, 137 Stat. 343, 398.)

CITE AS: 10 USC 4811

§ 4812. National Defense Technology and Industrial Base Council
(a)Establishment.—There is a National Defense Technology and Industrial Base Council.
(b)Composition.—The Council is composed of the following members:
(1) The Secretary of Defense, who shall serve as chairman.
(2) The Secretary of Energy.
(3) The Secretary of Commerce.
(4) The Secretary of Labor.
(5) Such other officials as may be determined by the President.
(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—
(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;
(2) programs for achieving such national security objectives;
(3) changes in acquisition policy that strengthen the national technology and industrial base; and
(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.
(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).
(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.)

CITE AS: 10 USC 4812

§ 4813. National defense program for analysis of the technology and industrial base
(a)Establishment.—The Secretary of Defense shall establish a program for analysis of the national technology and industrial base.
(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.
(c)Functions.—The functions of the program shall include, with respect to the national technology and industrial base, the following:
(1) The assembly of timely and authoritative information.
(2) Initiation of studies and analyses.
(3) Provision of technical support and assistance to—
(A) the Secretary of Defense for the preparation of the periodic assessments required by section 4816 of this title;
(B) the defense acquisition university structure and its elements; and
(C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.
(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.
(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.)

CITE AS: 10 USC 4813

§ 4814. National technology and industrial base: biennial reportThe 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:
(1) A description of the departmental guidance prepared pursuant to section 4811(c) of this title.
(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.
(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—
(A) a map of the industrial base;
(B)
(i) a description of mitigation strategies necessary to address such gaps or vulnerabilities;
(ii) the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
(iii) a proposed timeline for action to address such gaps or vulnerabilities; and
(C) any other steps necessary to foster and safeguard the national technology and industrial base.
(4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
(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—
(A) the type of waiver or exception used; and
(B) the reasoning for the use of each such waiver or exception.
(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.)

CITE AS: 10 USC 4814

§ 4815. Unfunded priorities of the national technology and industrial base: annual report
(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.
(b)Elements.—
(1)In general.—Each report under subsection (a) shall specify, for each unfunded priority covered by such report, the following:
(A) A summary description of such priority, including the objectives to be achieved if such priority is funded (whether in whole or in part).
(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.)

CITE AS: 10 USC 4815

§ 4816. National technology and industrial base: periodic defense capability assessments
(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 2430 1
1 See References in Text note below.
of this title) or major automated information system programs (as defined in section 2445a 1 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.)

CITE AS: 10 USC 4816

§ 4817. Industrial Base Fund
(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.
(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.)

CITE AS: 10 USC 4817

§ 4818. Data collection authority of President
(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.)

CITE AS: 10 USC 4818

§ 4819. Modernization of acquisition processes to ensure integrity of industrial base
(a)Digitization and Modernization.—The Secretary of Defense shall streamline and digitize the Department of Defense approach for identifying and mitigating risks to the defense industrial base.
(b)Objective.—The objective of subsection (a) shall be to employ digital tools, technologies, and approaches to ensure the accessibility of relevant defense industrial base data to key decision-makers in the Department.
(c)Analytical Framework.—
(1) The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Director of the Defense Counterintelligence and Security Agency and the heads of other elements of the Department of Defense as appropriate, shall develop an analytical framework for risk mitigation across the acquisition process in implementing subsections (a) and (b).
(2) The analytical framework required under paragraph (1) shall include the following elements:
(A) Characterization and monitoring of supply chain risks, such as those identified through the supply chain risk management process of the Department and by the Federal Acquisition Security Council, and including—
(i) material sources and fragility, including the extent to which sources, items, materials, and articles are mined, produced, or manufactured within or outside the United States;
(ii) telecommunications services or equipment;
(iii) counterfeit parts;
(iv) cybersecurity of contractors;
(v) video surveillance services or equipment;
(vi) vendor vetting in contingency or operational environments;
(vii) other electronic or information technology products and services; and
(viii) other risk areas as determined appropriate by the Secretary of Defense.
(B) Characterization and monitoring of risks posed by contractor behavior that constitutes or may constitute violations of laws or regulations, including those relating to—
(i) fraud;
(ii) ownership structures;
(iii) trafficking in persons;
(iv) workers’ health and safety;
(v) affiliation with the enemy;
(vi) foreign influence; and
(vii) other risk areas as deemed appropriate by the Secretary of Defense.
(C) Characterization and assessment of the acquisition processes and procedures of the Department of Defense, including—
(i) market research;
(ii) responsibility determinations, including consideration of the need for special standards of responsibility to address the risks described in subparagraphs (A) and (B);
(iii) facilities clearances;
(iv) the development of contract requirements;
(v) the technical evaluation of offers and contract awards;
(vi) contractor mobilization, including hiring, training, and establishing facilities;
(vii) contract administration, contract management, and oversight;
(viii) contract audit for closeout;
(ix) suspension and debarment activities and administrative appeals activities;
(x) contractor business system reviews;
(xi) processes and procedures related to supply chain risk management and processes and procedures implemented pursuant to section 3252 of this title; and
(xii) other relevant processes and procedures.
(D) Characterization and monitoring of the health and activities of the defense industrial base, including those relating to—
(i) balance sheets, revenues, profitability, and debt;
(ii) investment, innovation, and technological and manufacturing sophistication;
(iii) finances, access to capital markets, and cost of raising capital within those markets;
(iv) corporate governance, leadership, and culture of performance; and
(v) history of performance on past Department of Defense and government contracts.
(E) Characterization and assessment of industrial base support policies, programs, and procedures, including—
(i) limitations and acquisition guidance relevant to the national technology and industrial base;
(ii) limitations and acquisition guidance relevant to section 4862 of this title;
(iii) the Industrial Base Analysis and Sustainment program of the Department, including direct support and common design activities;
(iv) the Small Business Innovation Research Program (as defined in section 9(e) of the Small Business Act (15 U.S.C. 638(e));
(v) the Manufacturing Technology Program established under sections 4841 and 4842 of this title;
(vi) programs relating to the Defense Production Act of 1950 (50 U.S.C. 4511 1
1 See References in Text note below.
et seq.); and
(vii) programs operating in each military department.
(d)Roles and Responsibilities.—The Secretary of Defense shall designate the roles and responsibilities of organizations and individuals to execute activities under this section, including—
(1) the Under Secretary of Defense for Acquisition and Sustainment, including the Office of Defense Pricing and Contracting and the Office of Industrial Policy;
(2) service acquisition executives;
(3) program offices and procuring contracting officers;
(4) administrative contracting officers within the Defense Contract Management Agency and the Supervisor of Shipbuilding;
(5) the Defense Counterintelligence and Security Agency;
(6) the Defense Contract Audit Agency;
(7) each element of the Department of Defense which own or operate systems containing data relevant to contractors of the Department;
(8) the Under Secretary of Defense for Research and Engineering;
(9) the suspension and debarment official of the Department;
(10) the Chief Information Officer; and
(11) other relevant organizations and individuals as deemed appropriate by the Secretary.
(e)Enabling Data, Tools, and Systems.—
(1)
(A) The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Chief Data Officer of the Department of Defense and the Director of the Defense Counterintelligence and Security Agency, shall assess the extent to which existing systems of record relevant to risk assessments and contracting are producing, exposing, and maintaining valid and reliable data for the purposes of the Department’s continuous assessment and mitigation of risks in the defense industrial base.
(B) The assessment required under subparagraph (A) shall include the following elements:
(i) Identification of the necessary source data, to include data from contractors, intelligence and security activities, program offices, and commercial research entities.
(ii) A description of modern data infrastructure, tools, and applications and an assessment of the extent to which new capabilities would improve the effectiveness and efficiency of mitigating the risks described in subsection (c)(2).
(iii) An assessment of the following systems owned or operated outside of the Department of Defense that the Department depends upon or to which it provides data, including the following:(I) The Federal Awardee Performance and Integrity Information System (FAPIIS).(II) The System for Award Management (SAM).(III) The Federal Procurement Data System–Next Generation (FPDS–NG).(IV) The Electronic Data Management Information System.(V) Other systems the Secretary of Defense determines appropriate.
(iv) An assessment of systems owned or operated by the Department of Defense, including the Defense Counterintelligence and Security Agency and other defense agencies and field activities used to capture and analyze the status and performance (including past performance) of vendors and contractors.
(2)
(A) Based on the findings pursuant to paragraph (1), the Secretary of Defense shall develop a unified set of activities to modernize the systems of record, data sources and collection methods, and data exposure mechanisms. The unified set of activities should include—
(i) the ability to continuously collect data on, assess, and mitigate risks;
(ii) data analytics and business intelligence tools and methods; and
(iii) continuous development and continuous delivery of secure software to implement the activities.
(B) In connection with the assessments described in this section, the Secretary shall develop capabilities to map supply chains and to assess risks to the supply chain for major end items by business sector, vendor, program, part, and other metrics as determined by the Secretary.
(f)Rule of Construction.—Nothing in this section shall be construed to limit or modify any other procurement policy, procedure, requirement, or restriction provided by law.
(Added Pub. L. 116–92, div. A, title VIII, § 845(a), Dec. 20, 2019, 133 Stat. 1500, § 2509; renumbered § 4819 and amended Pub. L. 116–283, div. A, title VIII, § 843(a), title XVIII, §§ 1867(b), (d)(6), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3765, 4281, 4282, 4294; Pub. L. 117–81, div. A, title VIII, § 841, title XVII, § 1701(d)(16), Dec. 27, 2021, 135 Stat. 1839, 2137.)

CITE AS: 10 USC 4819

§ 4820. National technology and industrial base plans, policy, and guidance
(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.)

CITE AS: 10 USC 4820