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), 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.) Editorial Notes AMENDMENTS 2021—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), sub- stituted ‘‘section 4816’’ for ‘‘section 2505’’. 2019—Subsec. (b). Pub. L. 116–92 substituted ‘‘the Under Secretary of Defense for Research and Engineer- ing 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 Acquisi- tion’’. 1996—Subsec. (a). Pub. L. 104–201, § 829(b)(1), sub- stituted ‘‘The Secretary of Defense’’ for ‘‘(1) The Sec- retary 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 de- velopment center. ‘‘(B) A consortium of existing federally funded re- search 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), sub- stituted ‘‘the Secretary of Defense for’’ for ‘‘the Na- tional 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’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT 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. § 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-num- bered year a report which shall include the fol- lowing information: (1) A description of the departmental guid- ance 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 sub- mission 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 pre- pared pursuant to Executive order or section 4816 of this title— (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 Agen- cy responsible for addressing such gaps or vulnerabilities; and (iii) a proposed timeline for action to ad- dress such gaps or vulnerabilities; and (C) any other steps necessary to foster and safeguard the national technology and in- dustrial base. (4) Identification of each program designed to sustain specific essential technological and Page 2860 TITLE 10—ARMED FORCES § 4815 industrial capabilities and processes of the na- tional 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 require- ments or prohibitions established by chapter 83 of title 41 or chapter 385 of this title, includ- ing— (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.) Editorial Notes AMENDMENTS 2023—Pub. L. 118–31, in section catchline, substituted ‘‘National technology and industrial base: biennial re- port’’ for ‘‘National technology and industrial base: an- nual 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 brief- ings 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 in- dustrial base: annual report and quarterly briefings’’ for ‘‘Annual report to Congress’’. Subsec. (a). Pub. L. 116–283, § 842(a)(1), designated ex- isting 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 im- pacts of extreme weather and to cyber attacks or dis- ruptions)’’ 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 in- troductory 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 ‘‘Ex- ecutive 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), re- designated 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 Depart- ment of Defense alone or in cooperation with other Federal agencies, to identify and address concerns re- garding 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 Na- tional Security’’ in introductory provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment 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 sec- tion 1701(a)(3) of Pub. L. 117–81, set out in a note pre- ceding 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 exist- ing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. § 4815. Unfunded priorities of the national tech- nology and industrial base: annual report (a) ANNUAL REPORT.—Not later than 10 days after the date on which the budget of the Presi- dent 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 tech- nology and industrial base. (b) ELEMENTS.— (1) IN GENERAL.—Each report under sub- section (a) shall specify, for each unfunded pri- ority covered by such report, the following: (A) A summary description of such pri- ority, including the objectives to be achieved if such priority is funded (whether in whole or in part). (B) The additional amount of funds rec- ommended in connection with the objectives under subparagraph (A). (C) Account information with respect to such priority, including the following (as ap- plicable): (i) Line Item Number (LIN) for applica- ble procurement accounts. (ii) Program Element (PE) number for applicable research, development, test, and evaluation accounts. (iii) Sub-activity group (SAG) for appli- cable operation and maintenance ac- counts. (2) PRIORITIZATION OF PRIORITIES.—Each re- port shall present the unfunded priorities cov- ered by such report in order of urgency of pri- ority.