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10 U.S.C. § 2505 — Renumbered § 4816]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2505 was renumbered [section 4852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4852&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2505
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Stable record: federal_law:legal_authorities:record_usc_16592406273e2d556216307d
Source file: Laws/federal/codes/united-states-code/title-10/section-2505-renumbered-4816--b70b4c234c.md
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Source location: Title 10, Chapter [CHAPTER 148, § 2505; chapter-chapter-148-chapter-chapter-148.md
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### Statutory Notes
#### Prior Provisions
A prior section 2505 was renumbered [section 4852 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4852&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Offset Policy.—** The President shall establish, consistent with the requirements of this section, a comprehensive policy with respect to contractual offset arrangements in connection with the purchase of defense equipment or supplies which addresses the following:
(1) Transfer of technology in connection with offset arrangements.
(2) Application of offset arrangements, including cases in which United States funds are used to finance the purchase by a foreign government.
(3) Effects of offset arrangements on specific subsectors of the industrial base of the United States and for preventing or ameliorating any serious adverse effects on such subsectors.
**(b) Technology Transfer.—**
(1) No official of the United States may enter into a memorandum of understanding or other agreement with a foreign government that would require the transfer of United States defense technology to a foreign country or a foreign firm in connection with a contract that is subject to an offset arrangement if the implementation of such memorandum or agreement would significantly and adversely affect the defense industrial base of the United States and would result in a substantial financial loss to a United States firm.
(2) Paragraph (1) shall not apply in the case of a memorandum of understanding or agreement described in paragraph (1) if the Secretary of Defense, in consultation with the Secretary of Commerce and the Secretary of State, determines that a transfer of United States defense technology pursuant to such understanding or agreement will result in strengthening the national security of the United States and so certifies to Congress.
(3) If a United States firm is required under the terms of a memorandum of understanding, or other agreement entered into by
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4852
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary of Defense, in coordination with the National Science Foundation, shall establish a program for the making of grants on a competitive basis to United States institutions of higher education and other United States not-for-profit organizations for the conduct of programs for scientists, engineers, and managers to learn Japanese language and culture.
**(b)** The Secretary of Defense shall prescribe in regulations the criteria for awarding a grant under the program for activities of an institution or organization referred to in subsection (a), including the following:
(1) Whether scientists, engineers, and managers of defense laboratories and Department of Energy laboratories are permitted a level of participation in such activities that is beneficial to the development and application of defense critical technologies by such laboratories.
(2) Whether such activities include the placement of United States scientists, engineers, and managers in Japanese government and industry laboratories—
(A) to improve the knowledge of such scientists, engineers, and managers in (i) Japanese language and culture, and (ii) the research and development and management practices of such laboratories; and
(B) to provide opportunities for the encouragement of technology transfer from Japan to the United States.
(3) Whether an appropriate share of the costs of such activities will be paid out of funds derived from non-Federal Government sources.
**(c)** In this section, the term “defense critical technology” means a technology that is identified under [section 4816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4816&num=0&edition=prelim) as critical for attaining the national security objectives set forth in [section 4
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2198
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Federal law — U.S. Code and appendices · legal_authorities
In this subpart:
(1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada.
(2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications.
(3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications.
(4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities.
(5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency.
(6) The term “critical technology” means a technology that is—
(A) a national critical technology; or
(B) a defense critical technology.
(7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4801
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4816&num=0&edition=prelim);
(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4813
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/a&num=0&edition=prelim). 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 no
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4816
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Annual report on foreign direct investment in United States** Not later than 6 months after November 7, 1990, and not later than the end of each 1-year period occurring thereafter, the Secretary of Commerce shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, and the Committee on Foreign Affairs of the House of Representatives, to the Committee on Commerce, Science, and Transportation of the Senate, and to the Joint Economic Committee of the Congress a report on the role and significance of foreign direct investment in the United States. Such report shall address the history, scope, trends, market concentrations, and effects on the United States economy of such investment. In addition, the Secretary of Commerce shall, if requested by any such committee, appear before that committee to provide testimony with respect to any report under this subsection.
**(b) Sources of data** In preparing each report under subsection (a), the Secretary of Commerce, or the Secretary’s designees, shall consider information collected by—
(1) the Bureau of Economic Analysis under the International Investment and Trade in Services Survey Act ([22 U.S.C. 3101](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3101&num=0&edition=prelim) and following);
(2) the Bureau of the Census on industry, manufacturing, research and development, and trade, under title 13;
(3) the Bureau of Labor Statistics pertaining to information collected under the International Investment and Trade in Services Survey Act, but only to the extent that such information is in a form that cannot be associated with, or otherwise identify, directly or indirectly, a person, including any enterprise or establishment;
(4) the Secretary of Commerce or the Secr
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3142
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Federal law — U.S. Code and appendices · legal_authorities
Page 1981
TITLE 10—ARMED FORCES
[§ 2515
Nov. 29, 1989, 103 Stat. 1514, 1515; Pub. L. 102–25, title
VII, § 701(f)(4), Apr. 6, 1991, 105 Stat. 115; Pub. L. 102–484,
div. A, title X, § 1052(32), Oct. 23, 1992, 106 Stat. 2501, es-
tablished defense industrial base office, prior to repeal
by Pub. L. 102–484, § 4202(a).
[§ 2504. Renumbered § 4814]
Editorial Notes
PRIOR PROVISIONS
A prior section 2504, added Pub. L. 102–484, div. D,
title XLII, § 4214(a), Oct. 23, 1992, 106 Stat. 2666, estab-
lished Center for Study of Defense Economic Adjust-
ment, prior to repeal by Pub. L. 103–160, div. A, title
XIII, § 1312(a)(1), Nov. 30, 1993, 107 Stat. 1786.
Another prior section 2504 was renumbered section
4851 of this title.
[§ 2504a. Renumbered § 4815]
[§ 2505. Renumbered § 4816]
Editorial Notes
PRIOR PROVISIONS
A prior section 2505 was renumbered section 4852 of
this title.
[§ 2506. Repealed. Pub. L. 116–283, div. A, title
XVIII, § 1867(c)(2), Jan. 1, 2021, 134 Stat. 4281]
Section, added Pub. L. 102–484, div. D, title XLII,
§ 4216(a), Oct. 23, 1992, 106 Stat. 2668; amended Pub. L.
104–201, div. A, title VIII, § 829(d), Sept. 23, 1996, 110 Stat.
2613; Pub. L. 111–383, div. A, title VIII, § 895(d), Jan. 7,
2011, 124 Stat. 4314; Pub. L. 115–91, div. A, title X,
§ 1051(a)(18), Dec. 12, 2017, 131 Stat. 1561, related to De-
partment of Defense technology and industrial base
policy guidance. See section 4811(c) of this title.
A prior section 2506 was renumbered section 4861 of
this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective Jan. 1, 2022, with additional provi-
sions 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
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2505
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.