10 U.S.C. § 4816 — National technology and industrial base: periodic defense capability assessments
submitted 34 years ago by Pub. L. 102-484 to r/title-10-ARMED-FORCES · 571 words · no verdicts yet
A translation hasn’t been published for this section yet. The official text below is complete and authoritative.
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.
The Secretary of Defense shall ensure that technology and industrial capability assessments—
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.
Each assessment under subsection (a) shall include a separate discussion and presentation regarding the extent to which the national technology and industrial base is dependent on items for which the source of supply, manufacture, or technology is outside of the United States and Canada and for which there is no immediately available source in the United States or Canada. The discussion and presentation regarding foreign dependency shall—
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.
Each assessment under subsection (a) shall include an examination of the extent to which the national technology and industrial base is affected by foreign boycotts. If it is determined that a foreign boycott (other than a boycott addressed in a previous assessment) is subjecting the national technology and industrial base to significant harm, the assessment shall include a separate discussion and presentation regarding that foreign boycott that shall, at a minimum—
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.
Source credit: (Added Pub. L. 102–484, div. D, title XLII, § 4215, Oct. 23, 1992, 106 Stat. 2667, § 2505; amended Pub. L. 103–35, title II, § 201(g)(7), May 31, 1993, 107 Stat. 100; Pub. L. 104–201, div. A, title VIII, § 829(c)(1), Sept. 23, 1996, 110 Stat. 2612; Pub. L. 111–23, title III, § 303(b), May 22, 2009, 123 Stat. 1731; Pub. L. 111–383, div. A, title VIII, § 895(c), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 112–239, div. A, title XVI, § 1602, Jan. 2, 2013, 126 Stat. 2062; Pub. L. 114–92, div. A, title VIII, § 876, Nov. 25, 2015, 129 Stat. 941; renumbered § 4816 and amended Pub. L. 116–283, div. A, title XVIII, §§ 1867(b), (d)(4), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4281, 4282, 4294; Pub. L. 118–159, div. A, title XVII, § 1701(a)(41), Dec. 23, 2024, 138 Stat. 2206; Pub. L. 119–60, div. A, title XVII, § 1701(a)(30), Dec. 18, 2025, 139 Stat. 1209.)
- 1992Enacted · Pub. L. 102-484 · 106 Stat. 2667
- 1993Amended · Pub. L. 103-35 · 107 Stat. 100
- 1996Amended · Pub. L. 104-201 · 110 Stat. 2612
- 2009Amended · Pub. L. 111-23 · 123 Stat. 1731
- 2011Amended · Pub. L. 111-383 · 124 Stat. 4314
- 2013Amended · Pub. L. 112-239 · 126 Stat. 2062
- 2015Amended · Pub. L. 114-92 · 129 Stat. 941
- 2021Amended · Pub. L. 116-283 · 134 Stat. 4281, 4282, 4294
- 2024Amended · Pub. L. 118-159 · 138 Stat. 2206
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1209
A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-484 on 1992-10-23.
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