Title 10 — Armed Forces
Part V · Chapter 382 — Policies and Planning
§ 4820. National technology and industrial base plans, policy, and guidance
Statutory text
In General.—
The Secretary of Defense shall prescribe regulations requiring consideration of the national technology and industrial base, in accordance with the strategy required by section 4811 of this title, in the development and implementation of acquisition plans for each major defense acquisition program.
Acquisition Policy and Guidance.—
The Secretary of Defense shall develop and promulgate acquisition policy and guidance to the service acquisition executives, the heads of the appropriate Defense Agencies and Department of Defense Field Activities, and relevant program managers. Such policy and guidance shall be germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to chapters 381 through 385 and chapter 389 of this title and the technologies, companies, laboratories, and factories in specific Department of Defense research and development, international cooperative research, procurement, and sustainment activities.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Defense Conversion, Reinvestment, and Transition Assistance Act of 1992
Pub. L. 102–484 div. D title XLII § 4216(b)(1) · 106 Stat. 2315
Enacted · 10 U.S.C. § 4820
Added Pub. L. 102–484, div. D, title XLII, § 4216(b)(1), Oct. 23, 1992, 106 Stat. 2669, § 2440
Source evidence
Code source credit
Added Pub. L. 102–484, div. D, title XLII, § 4216(b)(1), Oct. 23, 1992, 106 Stat. 2669, § 2440Enacted provision · exact public law section
(1) Chapter 144 of title 10, United States Code, as amended by section 821, is further amended by adding at the end the following new section: “§ 2440. Technology and Industrial Base Plans “The Secretary of Defense shall prescribe regulations requiring Regulations. consideration of the national technology and industrial base in the development and implementation of acquisition plans for each major defense acquisition program.”.John Warner National Defense Authorization Act for Fiscal Year 2007
Pub. L. 109–364 div. A title X § 1071(a)(17) · 120 Stat. 2083
Substituted · 10 U.S.C. § 4820
Pub. L. 109–364 substituted “industrial base plans” for “Industrial Base Plans” in section catchline
Source evidence
Code amendment note
Pub. L. 109–364 substituted “industrial base plans” for “Industrial Base Plans” in section catchline.Enacted provision · exact public law section
(17) The heading for section 2440 is amended so that the first letter of each word after the first is lower case.National Defense Authorization Act for Fiscal Year 2013
Pub. L. 112–239 div. A title XVI § 1603(c) · 126 Stat. 1632
Inserted · 10 U.S.C. § 4820
Pub. L. 112–239 inserted “, in accordance with the strategy required by section 2501 of this title,” after “base”
Source evidence
Code amendment note
Pub. L. 112–239 inserted “, in accordance with the strategy required by section 2501 of this title,” after “base”.Enacted provision · exact public law section
(c) Requirement for Consideration of Strategy in Acquisition Plans.— Section 2440 of such title is amended by inserting after “base” the following: “, in accordance with the strategy required by section 2501 of this title,”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1847(b)(2)(A) · 134 Stat. 3388
Repealed · 10 U.S.C. § 4820
Pub. L. 116–283, § 1847(b)(2)(A), which directed transfer of the text of section 2440 of this title to section 4211(c)(3) of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(s)(1)(A)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1847(b)(2)(A), which directed transfer of the text of section 2440 of this title to section 4211(c)(3) of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(s)(1)(A).Enacted provision · exact public law section
(A) Transfer.— The text of section 2440 of title 10, United States Code, is transferred to section 4211 of such title, as transferred and redesignated by paragraph (1), inserted at the end of subsection (c), designated as paragraph (3), and amended by striking “section 2501” and inserting “section 4811”.Effective date note
Amendment by 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 1847(b)(2)(A) 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 846(b)(1)(B) · 134 Stat. 3388
Amended · 10 U.S.C. § 4820
Pub. L. 116–283, § 846(b)(1)(B), (C), designated existing provisions as subsec. (a)
Inserted · 10 U.S.C. § 4820
Pub. L. 116–283, § 846(b)(1)(B), (C), inserted heading
Added · 10 U.S.C. § 4820
Pub. L. 116–283, § 846(b)(1)(B), (C), added subsec. (b)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 846(b)(1)(B), (C), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).Enacted provision · exact public law section
(B) striking “The Secretary” and inserting the following: “(a) In General.— The Secretary” ; andEffective date note
Amendment by 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 1847(b)(2)(A) 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.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 846(b)(1)(A) · 134 Stat. 3388
Amended · 10 U.S.C. § 4820
Pub. L. 116–283, § 846(b)(1)(A), amended section catchline generally. Prior to amendment, section catchline read as follows: “Technology and industrial base plans”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 846(b)(1)(A), amended section catchline generally. Prior to amendment, section catchline read as follows: “Technology and industrial base plans”.Enacted provision · exact public law section
(A) by amending the section heading to read as follows: “National technology and industrial base plans, policy, and guidance”;Effective date note
Amendment by 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 1847(b)(2)(A) 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.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(s)(2)(A) · 135 Stat. 1541
Changed · 10 U.S.C. § 4820
Pub. L. 117–81, § 1701(s)(2)(A), renumbered section 2440 of this title as this section. See Codification note above
Source evidence
Code amendment note
Pub. L. 117–81, § 1701(s)(2)(A), renumbered section 2440 of this title as this section. See Codification note above.Enacted provision · exact public law section
(A) Section 2440 of title 10, United States Code, as amended by section 846(b) of the FY2021 NDAA, is transferred to chapter 382 of such title, inserted after section 4819, and redesignated as section 4820.Effective date note
Amendment by 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 1847(b)(2)(A) 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.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(s)(2)(C)(i) · 135 Stat. 1541
Substituted · 10 U.S.C. § 4820(a)
Pub. L. 117–81, § 1701(s)(2)(C)(i), substituted “section 4811” for “section 2501”. See Codification note above
Source evidence
Code amendment note
Subsec. (a). Pub. L. 117–81, § 1701(s)(2)(C)(i), substituted “section 4811” for “section 2501”. See Codification note above.Enacted provision · exact public law section
(i) in subsection (a), by striking “section 2501” and inserting “section 4811”; andEffective date note
Amendment by 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 1847(b)(2)(A) 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.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 § 1701(s)(2)(C)(ii) · 135 Stat. 1541
Substituted · 10 U.S.C. § 4820(b)
Pub. L. 117–81, § 1701(s)(2)(C)(ii), substituted “subchapters 381 through 385 and subchapter 389” for “chapter 148”. See Codification note above
Source evidence
Code amendment note
Subsec. (b). Pub. L. 117–81, § 1701(s)(2)(C)(ii), substituted “subchapters 381 through 385 and subchapter 389” for “chapter 148”. See Codification note above.Enacted provision · exact public law section
(ii) in subsection (b), by striking “chapter 148” and inserting “subchapters 381 through 385 and subchapter 389”.Effective date note
Amendment by 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 1847(b)(2)(A) 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.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title XVIII § 1801(a)(36) · 137 Stat. 136
Substituted · 10 U.S.C. § 4820(b)
Pub. L. 118–31 substituted “chapters 381 through 385 and chapter 389 of this title” for “subchapters 381 through 385 and subchapter 389 of this title”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 118–31 substituted “chapters 381 through 385 and chapter 389 of this title” for “subchapters 381 through 385 and subchapter 389 of this title”.Enacted provision · exact public law section
(36) Section 4820(b) is amended— (A) by striking “subchapters” and inserting “chapters”; and (B) by striking “subchapter” and inserting “chapter”.
12 of 12 references resolved to an enrolled provision
Editorial Notes
Codification
Amendments made by section 1701(s)(2)(A), (C) of Pub. L. 117–81 were directed to the Code directly, but probably should have been directed to title XVIII of Pub. L. 116–283 in line with other amendments made by section 1701 of Pub. L. 117–81 that were effective as if included in that title.
Amendments2006–2023 · 4 rounds
2023
Subsec. (b). Pub. L. 118–31 substituted “chapters 381 through 385 and chapter 389 of this title” for “subchapters 381 through 385 and subchapter 389 of this title”.
2021
Pub. L. 117–81, § 1701(s)(2)(A), renumbered section 2440 of this title as this section. See Codification note above.
Pub. L. 116–283, § 1847(b)(2)(A), which directed transfer of the text of section 2440 of this title to section 4211(c)(3) of this title instead of this section, was repealed by Pub. L. 117–81, § 1701(s)(1)(A).
Pub. L. 116–283, § 846(b)(1)(B), (C), designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 116–283, § 846(b)(1)(A), amended section catchline generally. Prior to amendment, section catchline read as follows: “Technology and industrial base plans”.
Subsec. (a). Pub. L. 117–81, § 1701(s)(2)(C)(i), substituted “section 4811” for “section 2501”. See Codification note above.
Subsec. (b). Pub. L. 117–81, § 1701(s)(2)(C)(ii), substituted “subchapters 381 through 385 and subchapter 389” for “chapter 148”. See Codification note above.
2013
Pub. L. 112–239 inserted “, in accordance with the strategy required by section 2501 of this title,” after “base”.
2006
Pub. L. 109–364 substituted “industrial base plans” for “Industrial Base Plans” in section catchline.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 Amendment
Amendment by 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 1847(b)(2)(A) of Pub. L. 116–283 effective , 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.
Credits
1992–2023 · 6 acts
- 1992Added Pub. L. 102–484, div. D, title XLII, § 4216(b)(1), , 106 Stat. 2669, § 2440
- 2006amended Pub. L. 109–364, div. A, title X, § 1071(a)(17), , 120 Stat. 2399
- 2013Pub. L. 112–239, div. A, title XVI, § 1603(c), , 126 Stat. 2063
- 2021Pub. L. 116–283, div. A, title VIII, § 846(b)(1), title XVIII, § 1847(b)(2)(A), , 134 Stat. 3768, 4253
- 2021renumbered § 4820 and amended Pub. L. 117–81, div. A, title XVII, § 1701(s)(1)(A), (2)(A), (C), , 135 Stat. 2149
- 2023Pub. L. 118–31, div. A, title XVIII, § 1801(a)(36), , 137 Stat. 685.
Show as published
(Added Pub. L. 102–484, div. D, title XLII, § 4216(b)(1), , 106 Stat. 2669, § 2440; amended Pub. L. 109–364, div. A, title X, § 1071(a)(17), , 120 Stat. 2399; Pub. L. 112–239, div. A, title XVI, § 1603(c), , 126 Stat. 2063; Pub. L. 116–283, div. A, title VIII, § 846(b)(1), title XVIII, § 1847(b)(2)(A), , 134 Stat. 3768, 4253; renumbered § 4820 and amended Pub. L. 117–81, div. A, title XVII, § 1701(s)(1)(A), (2)(A), (C), , 135 Stat. 2149; Pub. L. 118–31, div. A, title XVIII, § 1801(a)(36), , 137 Stat. 685.)