10 U.S.C. § 4845 — Armament retooling and manufacturing

Page 2884 TITLE 10—ARMED FORCES § 4844 date of the enactment of this Act [Dec. 5, 1991], the Sec- retary of Defense, in consultation with the Director of the National Science Foundation, shall award grants under section 2196 of title 10, United States Code [now 10 U.S.C. 4843] (as added by subsection (a)), to institu- tions of higher education throughout the United States.’’ § 4844. Manufacturing experts in the classroom (a) ESTABLISHMENT OF PROGRAM.—The Sec- retary of Defense, in consultation with the Sec- retary of Education and the Secretary of Com- merce, shall conduct a program to support the following activities of one or more manufac- turing experts at institutions of higher edu- cation: (1) Identifying the education and training re- quirements of United States manufacturing firms located in the same geographic region as an institution participating in the program. (2) Assisting in the development of teaching curricula for classroom and in-factory edu- cation and training classes at such an institu- tion. (3) Teaching such classes and overseeing the teaching of such classes by others. (4) Improving the knowledge and expertise of permanent faculty and staff of such an institu- tion. (5) Marketing the programs and facilities of such an institution to firms referred to in paragraph (1). (6) Coordinating the activities described in the other provisions of this subsection with other programs conducted by the Federal Gov- ernment, any State, any local government, or any private, nonprofit organization to mod- ernize United States manufacturing firms, es- pecially the regional centers for the transfer of manufacturing technology and programs re- ceiving financial assistance under section 4843 of this title. (b) MERIT COMPETITION.—Applications for as- sistance under this section shall be evaluated on the basis of merit pursuant to competitive pro- cedures prescribed by the Secretary. (c) SELECTION CRITERIA.—The Secretary shall select institutions for the award of financial as- sistance under this section from among institu- tions submitting applications for such assist- ance that— (1) demonstrate that the proposed activities are of an appropriate scale and a sufficient quality to ensure long term improvement in the applicant’s capability to serve the edu- cation and training needs of United States manufacturing firms in the same region as the applicant; (2) demonstrate a significant level of indus- try involvement and support; (3) demonstrate attention to the needs of any United States industries that supply man- ufactured products to the Department of De- fense or to a contractor of the Department of Defense; and (4) meet such other criteria as the Secretary may prescribe. (d) FEDERAL SUPPORT.—The amount of finan- cial assistance furnished to an institution under this section may not exceed 50 percent of the es- timated cost of carrying out the activities pro- posed to be supported in part with such financial assistance for the period for which the assist- ance is to be provided. In no event may the amount of the financial assistance provided to an institution exceed $250,000 per year. The pe- riod for which financial assistance is provided an institution under this section shall be at least two years unless such assistance is earlier terminated for cause determined by the Sec- retary. (e) MANUFACTURING EXPERT DEFINED.—In this section, the term ‘‘manufacturing expert’’ means manufacturing managers and workers having experience in the organization of produc- tion and education and training needs and other experts in manufacturing. (Added Pub. L. 102–190, div. A, title VIII, § 825(a)(1), Dec. 5, 1991, 105 Stat. 1440, § 2197; amended Pub. L. 102–484, div. D, title XLII, § 4238(a), (b)(1), Oct. 23, 1992, 106 Stat. 2694; re- numbered § 4844 and amended Pub. L. 116–283, div. A, title XVIII, § 1869(d), as added Pub. L. 117–81, div. A, title XVII, § 1701(p)(1), Dec. 27, 2021, 135 Stat. 2148.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1869(d)(1), as added by Pub. L. 117–81, § 1701(p)(1)(A), (B), renumbered section 2197 of this title as this section. Subsec. (a)(6). Pub. L. 116–283, § 1869(d)(2), as added by Pub. L. 117–81, § 1701(p)(1)(C), substituted ‘‘section 4843’’ for ‘‘section 2196’’. 1992—Pub. L. 102–484, § 4238(b)(1), substituted ‘‘ex- perts’’ for ‘‘managers’’ in section catchline. Subsec. (a). Pub. L. 102–484, § 4238(a)(1), struck out ‘‘managers and’’ after ‘‘manufacturing’’ in introduc- tory provisions. Subsec. (e). Pub. L. 102–484, § 4238(a)(2), added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 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. § 4845. Armament retooling and manufacturing The Secretary of the Army is authorized by chapter 764 of this title to carry out programs for the support of armaments retooling and manufacturing in the national defense indus- trial and technology base. (Added Pub. L. 106–398, § 1 [[div. A], title III, § 344(c)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–71, § 2522; amended Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840; re- numbered § 4845, Pub. L. 116–283, div. A, title XVIII, § 1869(d)(1), as added Pub. L. 117–81, div. A, title XVII, § 1701(p)(1)(A), (B), Dec. 27, 2021, 135 Stat. 2148.) Page 2885 TITLE 10—ARMED FORCES § 4851 Editorial Notes AMENDMENTS 2021—Pub. L. 116–283, § 1869(d)(1), as added by Pub. L. 117–81, § 1701(p)(1)(A), (B), renumbered section 2522 of this title as this section. 2018—Pub. L. 115–232 substituted ‘‘chapter 764’’ for ‘‘chapter 434’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 117–81 applicable as if in- cluded 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 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. EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title. CHAPTER 385—OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS Subchapter Sec. I. Defense Trade Reciprocity and Offset Policy ................................................. 4851 II. Limitations on Procurement of Certain Items from Foreign Sources ............... 4861 III. Limitations on Procurement from Cer- tain Foreign Sources .......................... 4871 IV. Defense Industrial Reserve and Indus- trial Mobilization ............................... 4881 V. Other Matters ........................................ 4891 Editorial Notes PRIOR PROVISIONS A prior chapter 385 ‘‘PROCUREMENT TECHNICAL ASSISTANCE COOPERATIVE AGREEMENT PRO- GRAM’’, consisting of reserved section 4881, was re- pealed by Pub. L. 116–283, div. A, title XVIII, § 1872(a)(1)(A), Jan. 1, 2021, 134 Stat. 4287. SUBCHAPTER I—DEFENSE TRADE RECIPROCITY AND OFFSET POLICY Sec. 4851. Defense memoranda of understanding and re- lated agreements. 4852. Offset policy; notification. § 4851. Defense memoranda of understanding and related agreements (a) CONSIDERATIONS IN MAKING AND IMPLE- MENTING MOUS AND RELATED AGREEMENTS.—In the negotiation, renegotiation, and implementa- tion of any existing or proposed memorandum of understanding, or any existing or proposed agreement related to a memorandum of under- standing, between the Secretary of Defense, act- ing on behalf of the United States, and one or more foreign countries (or any instrumentality of a foreign country) relating to research, devel- opment, or production of defense equipment, or to the reciprocal procurement of defense items, the Secretary of Defense shall— (1) consider the effects of such existing or proposed memorandum of understanding or re- lated agreement on the defense technology and industrial base of the United States; and (2) regularly solicit and consider comments and recommendations from the Secretary of Commerce with respect to the commercial im- plications of such memorandum of under- standing or related agreement and the poten- tial effects of such memorandum of under- standing or related agreement on the inter- national competitive position of United States industry. (b) INTER-AGENCY REVIEW OF EFFECTS ON UNITED STATES INDUSTRY.—Whenever the Sec- retary of Commerce has reason to believe that an existing or proposed memorandum of under- standing or related agreement has, or threatens to have, a significant adverse effect on the inter- national competitive position of United States industry, the Secretary may request an inter- agency review of the memorandum of under- standing or related agreement. If, as a result of the review, the Secretary determines that the commercial interests of the United States are not being served or would not be served by ad- hering to the terms of such existing memo- randum or related agreement or agreeing to such proposed memorandum or related agree- ment, as the case may be, the Secretary shall recommend to the President the renegotiation of the existing memorandum or related agree- ment or any modification to the proposed memorandum of understanding or related agree- ment that he considers necessary to ensure an appropriate balance of interests. (c) LIMITATION ON ENTERING INTO MOUS AND RELATED AGREEMENTS.—A memorandum of un- derstanding or related agreement referred to in subsection (a) may not be entered into or imple- mented if the President, taking into consider- ation the results of the inter-agency review, de- termines that such memorandum of under- standing or related agreement has or is likely to have a significant adverse effect on United States industry that outweighs the benefits of entering into or implementing such memo- randum or agreement. (Added Pub. L. 100–456, div. A, title VIII, § 824, Sept. 29, 1988, 102 Stat. 2019, § 2504; amended Pub. L. 101–189, div. A, title VIII, § 815(a), Nov. 29, 1989, 103 Stat. 1500; Pub. L. 101–510, div. A, title XIV, § 1453, Nov. 5, 1990, 104 Stat. 1694; renumbered § 2531 and amended Pub. L. 102–484, div. D, title XLII, §§ 4202(a), 4271(c), Oct. 23, 1992, 106 Stat. 2659, 2696; renumbered § 4851, Pub. L. 116–283, div. A, title XVIII, § 1870(b), Jan. 1, 2021, 134 Stat. 4284.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 renumbered section 2531 of this title as this section. 1992—Pub. L. 102–484, § 4202(a), renumbered section 2504 of this title as section 2531. Subsec. (a)(1). Pub. L. 102–484, § 4271(c), substituted ‘‘defense technology and industrial base’’ for ‘‘defense industrial base’’. 1990—Subsec. (a). Pub. L. 101–510 inserted ‘‘or to the reciprocal procurement of defense items,’’ after ‘‘de- fense equipment,’’ in introductory provisions.