10 U.S.C. § 4293: Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States

The Secretary of Defense shall plan and establish an incentive program in accordance with this section for contractors to purchase capital assets manufactured in the United States in part with funds available to the Department of Defense. The Secretary of Defense may use the Defense Industrial Capabilities Fund, established under section 814 of the National Defense Authorization Act for Fiscal Year 2004, for incentive payments under the program established under this section. The incentive program shall apply to contracts for the procurement of a major defense acquisition program. The Secretary of Defense shall provide consideration in source selection in any request for proposals for a major defense acquisition program for offerors with eligible capital assets. The Secretary of Defense shall prescribe regulations as necessary to carry out section 2436 of title 10 , United States Code [now 10 U.S.C. 4293 ], as added by this section. The Secretary may prescribe interim regulations as necessary to carry out such section. For this purpose, the Secretary is excepted from compliance with the notice and comment requirements of section 553 of title 5 , United States Code. All interim rules prescribed under the authority of this paragraph that are not earlier superseded by final rules shall expire no later than 270 days after the effective date of section 2436 of title 10 , United States Code [now 10 U.S.C. 4293 ] [see Effective Date note above], as added by this section.”