§4814 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense must send a report to the Senate and House Armed Services Committees by March 1 of every odd-numbered year. The report must describe the departmental guidance made under section 4811(c) and the assessments under section 4816 and other analyses used to build the Department’s budget for the next fiscal year. Using the strategy in section 4811 and those assessments, the report must include a map of the industrial base; a prioritized list of gaps or weaknesses (including effects from extreme weather and cyber attacks) with needed fixes, the official or agency responsible, and a timeline for action; any other steps to protect the national technology and industrial base; a list of programs that sustain essential tech and industrial capabilities; and a detailed account of any waivers or exceptions used in the prior 12 months to sourcing rules in chapter 83 of title 41 or chapter 385 of title 10, saying what type was used and why.

Title 10, §4814

Armed Forces — Source: USLM XML via OLRC

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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2023—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 AmendmentAmendment 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.

§4814 National technology and industrial base: biennial report

Summary

Title 10, §4814

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata