Federal · Title 10 — Armed Forces

10 U.S.C. § 4816: National technology and industrial base: periodic defense capability assessments

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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 . The Secretary of Defense shall prepare such assessments in consultation with the Secretary of Commerce and the Secretary of Energy. describe sectors or capabilities, their underlying infrastructure and processes; analyze present and projected financial performance of industries supporting the sectors or capabilities in the assessment; 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; 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; identify technological and industrial capabilities and processes for which there is potential for the national industrial and technology base not to be able to support the achievement of national security objectives; and consider the effects of the termination of major defense acquisition programs (as the term is defined in section 4201 of this title ) in the previous fiscal year on the sectors and capabilities in the assessment. identify cases that pose an unacceptable risk of foreign dependency, as determined by the Secretary; and present actions being taken or proposed to be taken to remedy the risk posed by the cases identified under paragraph (1), including efforts to develop a domestic source for the item in question. identify the sectors that are subject to such harm; describe the harm resulting from such boycott; and identify actions necessary to minimize the effects of such boycott on the national technology and industrial base. The Secretary of Defense shall ensure that consideration of the technology and industrial base assessments is integrated into the overall budget, acquisition, and logistics support decision processes of the Department of Defense. development, prototyping, and manufacturing production needs to meet military requirements; and development, prototyping, and manufacturing of emerging defense and commercial technologies. [Former] Chapters 137 and 139 and sections 2371, 2371b, and 2373 of title 10, United States Code [now 10 U.S.C. 4021 , 4022, 4023]. [Former] Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ; 10 U.S.C. 2358 note [now 10 U.S.C. 4061 note prec.]). Such other legal authorities as the Secretary considers applicable to carrying out the pilot program. Use of contracts, grants, or other transaction authorities to support development, prototyping, and manufacturing capabilities in small- and medium-sized manufacturers. Purchases of goods or equipment for testing and certification purposes. Incentives, including purchase commitments and cost sharing with nongovernmental sources, for the private sector to develop capabilities in areas of national security interest. Issuing loans or providing loan guarantees to small- and medium-sized companies to support manufacturing and production capabilities in areas of national security interest. Giving awards to third party entities to support investments in small- and medium-sized companies working in areas of national security interest, including debt and equity investments that would benefit missions of the Department of Defense. Such other activities as the Secretary determines necessary. The pilot program shall terminate on December 31, 2026 . No later than January 31, 2027 , the Secretary of Defense shall provide a briefing to the Committees on Armed Services in the Senate and the House of Representatives on the results of the pilot program.”

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