10 U.S.C. § 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)

section 4811(c) of this title A description of the departmental guidance prepared pursuant to .

(2)

section 4816 of this title A description of the assessments prepared pursuant to and other analyses used in developing the budget submission of the Department of Defense for the next fiscal year.

(3)

section 4811 of this title section 4816 of this title Based on the strategy required by and on the assessments prepared pursuant to Executive order or —

(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.

Pub. L. 104–201, div. A, title VIII, § 829(e)Sept. 23, 1996110 Stat. 2614 Pub. L. 106–65, div. A, title X, § 1067(1)Oct. 5, 1999113 Stat. 774 Pub. L. 112–239, div. A, title XVI, § 1603(b)Jan. 2, 2013126 Stat. 2063 Pub. L. 116–92, div. A, title VIII, § 846(b)Dec. 20, 2019133 Stat. 1503 Pub. L. 116–283, div. A, title VIII, § 842(a)Jan. 1, 2021134 Stat. 3764 Pub. L. 117–81, div. A, title III, § 333Dec. 27, 2021135 Stat. 1638 Pub. L. 118–31, div. A, title X, § 1061(c)(1)Dec. 22, 2023137 Stat. 399 (Added , , , § 2504; amended , , ; , , ; , , ; renumbered § 4814 and amended , (b)(1), title XVIII, § 1867(b), (d)(3), , , 3765, 4281; , title XVII, § 1701(b)(22)(A), (d)(15), , , 2135, 2137; , , .)

Editorial Notes

Amendments

Pub. L. 118–312023—, 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.

Pub. L. 116–283, § 1867(b)section 2504 of this title2021—, renumbered 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”.

Pub. L. 116–283, § 842(a)(1)Subsec. (a). , designated existing provisions as subsec. (a) and inserted heading.

Pub. L. 116–283, § 1867(d)(3)(A)Pub. L. 117–81, § 1701(b)(22)(A)Subsec. (a)(1). , as amended by , substituted “section 4811(c)” for “section 2506”.

Pub. L. 116–283, § 1867(d)(3)(B)Pub. L. 117–81, § 1701(b)(22)(A)Subsec. (a)(2). , as amended by , substituted “section 4816” for “section 2505”.

Pub. L. 116–283, § 1867(d)(3)(C)Pub. L. 117–81, § 1701(b)(22)(A)Subsec. (a)(3). , as amended by , substituted “section 4811” for “section 2501” and “section 4816” for “section 2505”.

Pub. L. 117–81, § 333Subsec. (a)(3)(B). , 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.

Pub. L. 117–81, § 1701(d)(15)Subsec. (a)(5). , substituted “chapter 385” for “subchapter V of chapter 148” in introductory provisions.

Pub. L. 116–283, § 842(a)(2), added par. (5).

Pub. L. 116–283, § 842(a)(3)Subsec. (b). , added subsec. (b).

Pub. L. 116–92, § 846(b)(1)2019—Par. (3). , inserted “Executive order or” after “pursuant to”.

Pub. L. 116–92, § 846(b)(2)Par. (3)(A). , 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”.

Pub. L. 116–92, § 846(b)(3)Par. (3)(B), (C). , (4), added subpar. (B) and redesignated former subpar. (B) as (C).

Pub. L. 112–2392013—Pars. (2), (3). 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.”

Pub. L. 106–651999— 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

section 1701(b)(22)(A) of Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(2) of Pub. L. 117–81 section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

section 1701(d)(15) of Pub. L. 117–81 Pub. L. 116–283 section 1701(a)(3) of Pub. L. 117–81 section 3001 of this titleAmendment by to take effect immediately after the amendments made by title XVIII of have taken effect, see , set out in a note preceding and note below.

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283 section 3001 of this titleAmendment by section 1867(b), (d)(3) of effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .