10 USC 4816 - National technology and industrial base: periodic defense capability assessments

1 See References in Text note below.

of this title) or major automated information system programs (as defined in section 2445a 

Editorial Notes

References in Text

Section 2430 of this title, referred to in subsec. (span)(6), was transferred to sections 4201, 4202(a), and 4204 of this title by Puspan. L. 116–283, div. A, title XVIII, § 1846(c)(1), (d)(1), (f)(1), Jan. 1, 2021, 134 Stat. 4248–4250. Section 4201 of this title defines “major defense acquisition program”.

Section 2445a of this title, referred to in subsec. (span)(6), was repealed by Puspan. L. 114–328, div. A, title VIII, § 846(1), Dec. 23, 2016, 130 Stat. 2292, effective Sept. 30, 2017.

Amendments

2021—Puspan. L. 116–283, § 1867(span), renumbered section 2505 of this title as this section.

Subsec. (a). Puspan. L. 116–283, § 1867(d)(4), substituted “section 4811(a)” for “section 2501(a)”.

Subsec. (span)(6). Puspan. L. 116–283, § 1883(span)(2), which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Puspan. 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. (span)(3) to (6). Puspan. L. 114–92 added pars. (3) and (4) and redesignated former pars. (3) and (4) as (5) and (6), respectively.

2013—Subsecs. (d), (e). Puspan. L. 112–239 added subsec. (d) and redesignated former subsec. (d) as (e).

2011—Subsec. (span)(4). Puspan. 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. (span)(4). Puspan. L. 111–23 added par. (4).

1996—Puspan. 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—Puspan. L. 103–35 substituted “capability” for “capabilty” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Pilot Program on Strengthening the Defense Industrial and Innovation Base

Puspan. L. 115–91, div. A, title XVII, § 1711, Dec. 12, 2017, 131 Stat. 1811, as amended by Puspan. 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.

“(span)Authorities.—The Secretary shall carry out the pilot program under the following:

“(1) [Former] Chapters 137 and 139 and sections 2371, 2371span, and 2373 of title 10, United States Code [now 10 U.S.C. 4021, 4022, 4023].

“(2) 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.”