US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 4293

Major defense acquisition programs: incentive program for contractors to purchase capital assets manufactured in United States

(a)

Establishment of Incentive Program .—

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.
(b)

Defense Industrial Capabilities Fund May Be Used .—

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.
(c)

Applicability to Major Defense Acquisition Program Contracts .—

The incentive program shall apply to contracts for the procurement of a major defense acquisition program.
(d)

Consideration .—

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.

Pub. L. 108–136, div. A, title VIII, § 822(a)(1)117 Stat. 1546 Pub. L. 116–283, div. A, title XVIII, § 1847(f)(2)134 Stat. 4258 (Added , , , § 2436; renumbered § 4293, , , .)

Editorial Notes

References in Text

section 814 of Pub. L. 108–136section 4811 of this titleSection 814 of the National Defense Authorization Act for Fiscal Year 2004, referred to in subsec. (b), is , which is set out in a note under .

Prior Provisions

Prior sections 4301 to 4303 and 4306 were renumbered sections 7401 to 7403 and 7406 of this title, respectively.

Pub. L. 104–106, div. A, title XVI, § 1624(a)(1)110 Stat. 522 Prior sections 4307 and 4308 were repealed by , (c) , , effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of former Title 36, Patriotic Societies and Observances, or .

act Aug. 10, 1956, ch. 1041 70A Stat. 235 Section 4307, , , permitted President to detail commissioned officer of the Army or of the Marine Corps as director of civilian marksmanship.

Aug. 10, 1956, ch. 1041 70A Stat. 236 Pub. L. 99–661, div. A, title III, § 318(a)100 Stat. 3855 Pub. L. 101–510, div. A, title III, § 328(b)104 Stat. 1533 Pub. L. 102–484, div. A, title III, § 380(a)(1)106 Stat. 2389 Pub. L. 103–160, div. A, title III, § 372107 Stat. 1635 Section 4308, acts , ; , , ; , –(d), (g)(1), , 1534; , , ; , , , related to authority of Secretary of the Army to promote civilian marksmanship. See section 40701 et seq. of Title 36, Patriotic and National Observances, Ceremonies, and Organizations.

section 7409 of this titleA prior section 4309 was renumbered .

Pub. L. 104–106, div. A, title XVI, § 1624(a)(1)110 Stat. 522 Prior sections 4310 and 4311 were repealed by , (c), , , effective on the earlier of the date on which the Secretary of the Army submits a certification in accordance with section 5523 of former Title 36, Patriotic Societies and Observances, or .

act Aug. 10, 1956, ch. 1041 70A Stat. 236 Section 4310, , , permitted President and Secretary of the Army to detail members of Army as rifle instructors for civilians.

Aug. 10, 1956, ch. 1041 70A Stat. 237 Pub. L. 101–510, div. A, title III, § 328(f)104 Stat. 1534 Section 4311, acts , ; , , , permitted Secretary of the Army to provide for issue of military rifles and sale of ammunition for use in rifle instruction for civilians.

Pub. L. 105–225, § 6(b)112 Stat. 1499 Prior sections 4312 and 4313 were repealed by , , .

act Aug. 10, 1956, ch. 1041 70A Stat. 237 Section 4312, , , related to National rifle and pistol matches and small-arms firing school.

act Aug. 10, 1956, ch. 1041 70A Stat. 237 Pub. L. 99–145, title XIII, § 1301(b)(3)(B)99 Stat. 735 Pub. L. 99–661, div. A, title III, § 318(b)100 Stat. 3855 Pub. L. 101–510, div. A, title III, § 328(a)104 Stat. 1533 Pub. L. 102–484, div. A, title III, § 380(c)(1)106 Stat. 2391 Pub. L. 103–35, title II, § 201(g)(10)(A)107 Stat. 100 Pub. L. 104–106, div. A, title XVI, § 1624(b)(1)110 Stat. 522 Section 4313, , ; , , ; , , ; , , ; , , ; , , ; , , , related to expenses of National Matches and small-arms school.

Prior sections 4314 and 4315 were renumbered sections 7414 and 7415 of this title, respectively.

Pub. L. 102–484, div. A, title III, § 380(d)(1)106 Stat. 2391 Pub. L. 104–106, div. A, title XVI, § 1624(b)(2)110 Stat. 522 Pub. L. 115–91, div. A, title X, § 1051(a)(27)(A)131 Stat. 1562 A prior section 4316, added , , ; amended , , , related to reporting requirements of the Secretary of the Army, prior to repeal by , , .

Prior sections 4317 to 4320 were renumbered sections 7417 to 7420 of this title, respectively.

Amendments

Pub. L. 116–283section 2436 of this title2021— renumbered as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date

Pub. L. 108–136, div. A, title VIII, § 822(c)117 Stat. 1547

Section 2436 of title 1010 U.S.C. 4293“, United States Code [now ], as added by subsection (a), shall apply with respect to contracts entered into after the expiration of the 18-month period beginning on the date of the enactment of this Act [].”
, , , provided that:

Regulations

Pub. L. 108–136, div. A, title VIII, § 822(b)117 Stat. 1547

“(1)
section 2436 of title 1010 U.S.C. 4293 The Secretary of Defense shall prescribe regulations as necessary to carry out , United States Code [now ], as added by this section.
“(2)
section 553 of title 5section 2436 of title 1010 U.S.C. 4293 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 , 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 , United States Code [now ] [see Effective Date note above], as added by this section.”
, , , provided that: