10 U.S.C. § 4814

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 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.
(2) A description of the assessments prepared pursuant to section 4816 of this title 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 and on the assessments prepared 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 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 the national technology and industrial base.
(4) Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national 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 requirements or prohibitions established by chapter 83 of title 41 or chapter 385 of this title, including-
(A) the type of waiver or exception used; and
(B) the reasoning for the use of each such waiver or exception.

10 U.S.C. § 4814

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

AMENDMENTS2023-Pub. L. 118-31, in section catchline, substituted "National technology and industrial base: biennial report" for "National technology and industrial base: annual 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 briefings 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 industrial base: annual report and quarterly briefings" for "Annual report to Congress".Subsec. (a). Pub. L. 116-283, §842(a)(1), designated existing 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 impacts of extreme weather and to cyber attacks or disruptions)" 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 introductory 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 "Executive 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), redesignated 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 Department of Defense alone or in cooperation with other Federal agencies, to identify and address concerns regarding 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 National 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 section 1701(a)(3) of Pub. L. 117-81, set out in a note preceding 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 existing law, see section 1801(d) of Pub. L. 116-283, set out as a note preceding section 3001 of this title.

Defense Agency
The term "Defense Agency" means an organizational entity of the Department of Defense-(A) that is established by the Secretary of Defense under section 191 of this title (or under the second sentence of section 125(d) of this title (as in effect before October 1, 1986)) to perform a supply or service activity common to more than one military department (other than such an entity that is designated by the Secretary as a Department of Defense Field Activity); or(B) that is designated by the Secretary of Defense as a Defense Agency.
Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
congressional defense committees
The term "congressional defense committees" means-(A) the Committee on Armed Services and the Committee on Appropriations of the Senate; and(B) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives.
extreme weather
The term "extreme weather" means recurrent flooding, drought, desertification, wildfires, thawing permafrost, sea level fluctuation, changes in mean high tides, or any other weather-related event, or anticipated change in environmental conditions, that present (or are projected to present) a recurring annual threat to the climate security of the United States or of allies and partners of the United States.