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10 U.S.C. § 4814 — National technology and industrial base: biennial report

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4814 — National technology and industrial base: biennial report

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: (1) A description of the departmental guidance prepared pursuant to [section 4811(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/c&num=0&edition=prelim). (2) A description of the assessments prepared pursuant to [section 4816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4816&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811&num=0&edition=prelim) and on the assessments prepared pursuant to Executive order or [section 4816 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4816&num=0&edition=prelim)— (A) a map of the industrial base; (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— (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

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Source file: Laws/federal/codes/united-states-code/title-10/section-4814-national-technology-and-industrial-base-biennial-report--7760e7ff87.md
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Source location: Title 10, Chapter 382, § 4814; chapter-382-policies-and-planning.md

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2504 — Renumbered § 4814]

### Statutory Notes #### Prior Provisions A prior section 2504, added Pub. L. 102–484, div. D, title XLII, § 4214(a), Oct. 23, 1992, 106 Stat. 2666, established Center for Study of Defense Economic Adjustment, 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4851&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4814&num=0&edition=prelim). 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3043&num=0&edition=prelim)); (B) the policy guidance of the Secretary of Defense provided pursuant to [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); and (C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim). (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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 111 — Executive department

**(a)** The Department of Defense is an executive department of the United States. **(b)** The Department is composed of the following: (1) The Office of the Secretary of Defense. (2) The Joint Chiefs of Staff. (3) The Joint Staff. (4) The Defense Agencies. (5) Department of Defense Field Activities. (6) The Department of the Army. (7) The Department of the Navy. (8) The Department of the Air Force. (9) The unified and specified combatant commands. (10) Such other offices, agencies, activities, and commands as may be established or designated by law or by the President. (11) All offices, agencies, activities, and commands under the control or supervision of any element named in paragraphs (1) through (10). **(c)** If the President establishes or designates an office, agency, activity, or command in the Department of Defense of a kind other than those described in paragraphs (1) through (9) of subsection (b), the President shall notify Congress not later than 60 days thereafter.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 601 — Definitions

For purposes of this chapter— (1) the term “agency” means an agency as defined in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (2) the term “rule” means any rule for which the agency publishes a general notice of proposed rulemaking pursuant to [section 553(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553/b&num=0&edition=prelim), or any other law, including any rule of general applicability governing Federal grants to State and local governments for which the agency provides an opportunity for notice and public comment, except that the term “rule” does not include a rule of particular applicability relating to rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services, or allowances therefor or to valuations, costs or accounting, or practices relating to such rates, wages, structures, prices, appliances, services, or allowances; (3) the term “small business” has the same meaning as the term “small business concern” under section 3 of the Small Business Act, unless an agency, after consultation with the Office of Advocacy of the Small Business Administration and after opportunity for public comment, establishes one or more definitions of such term which are appropriate to the activities of the agency and publishes such definition(s) in the Federal Register; (4) the term “small organization” means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field, unless an agency establishes, after opportunity for public comment, one or more definitions of such term which are appropriate to the activities of the agency and publishes such

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4814 — National technology and industrial base:

Page 2859 TITLE 10—ARMED FORCES § 4814 that section is effective as of Sept. 23, 1996, and as if in- cluded in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted. § 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 na- tional 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 Sec- retary of Commerce, and the Secretary of Labor. (c) FUNCTIONS.—The functions of the program shall include, with respect to the national tech- nology 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 assist- ance to— (A) the Secretary of Defense for the prepa- ration 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 Depart- ment of Commerce, of unclassified informa- tion and assessments for further dissemina- tion 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), Se

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