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10 U.S.C. § 4882 (ARMED FORCES)
§ 4882. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations
(a) Ordering Authority.—
In time of war or when war is imminent, the President, through the head of any department, may order from any person or organized manufacturing industry necessary products or materials of the type usually produced or capable of being produced by that person or industry.
(b) Compliance With Order Required.—
A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection.
(c) Seizure of Manufacturing Plants Upon Noncompliance.—
In time of war or when war is imminent, the President, through the head of any department, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the head of that department is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses—
(1) to give precedence to the order as prescribed in subsection (b);
(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or
(3) to furnish them at a reasonable price as determined by the head of such department.
(d) Use of Seized Plant.—
The President, through the head of any department, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c).
(e) Compensation Required.—
Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry whose plant is seized under subsection (c) is entitled to a fair and just rental.
(f) Criminal Penalty.—
Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18.
10 U.S.C. § 4883 (ARMED FORCES)
§ 4883. Industrial mobilization: plants; lists
(a) List of Plants Equipped to Manufacture Arms or Ammunition.—
The Secretary of Defense may maintain a list of all privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are equipped to manufacture for the armed forces arms or ammunition, or parts thereof, and may obtain complete information of the kinds of those products manufactured or capable of being manufactured by each of those plants, and of the equipment and capacity of each of those plants.
(b) List of Plants Convertible Into Ammunition Factories.—
The Secretary of Defense may maintain a list of privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are capable of being readily transformed into factories for the manufacture of ammunition for the armed forces and that have a capacity sufficient to warrant conversion into ammunition plants in time of war or when war is imminent, and may obtain complete information as to the equipment of each of those plants.
(c) Conversion Plans.—
The Secretary of Defense may prepare comprehensive plans for converting each plant listed pursuant to subsection (b) into a factory for the manufacture of ammunition or parts thereof.
10 U.S.C. § 4891 (ARMED FORCES)
§ 4891. Improved national defense control of technology diversions overseas
(a) Collection of Information on Foreign-Controlled Contractors.—
The Secretary of Defense and the Secretary of Energy shall each collect and maintain a data base containing a list of, and other pertinent information on, all contractors with the Department of Defense and the Department of Energy, respectively, that are controlled by foreign persons. The data base shall contain information on such contractors for 1988 and thereafter in all cases where they are awarded contracts exceeding $10,000,000 in any single year by the Department of Defense or the Department of Energy.
(b) Technology Risk Assessment Requirement.—
(1) If the Secretary of Defense is acting as a designee of the President under section 721(a) of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) and if the Secretary determines that a proposed or pending merger, acquisition, or takeover may involve a firm engaged in the development of a defense critical technology or is otherwise important to the defense industrial and technology base, then the Secretary shall require the appropriate entity or entities from the list set forth in paragraph (2) to conduct an assessment of the risk of diversion of defense critical technology posed by such proposed or pending action.
(2) The entities referred to in paragraph (1) are the following:
(A) The Defense Intelligence Agency.
(B) The Army Foreign Technology Science Center.
(C) The Naval Maritime Intelligence Center.
(D) The Air Force Foreign Aerospace Science and Technology Center.
10 U.S.C. § 4892 (ARMED FORCES)
§ 4892. Availability of samples, drawings, information, equipment, materials, and certain services
(a) Authority.—
The Secretary of Defense and the Secretaries of the military departments, under regulations prescribed by the Secretary of Defense and when determined by the Secretary of Defense or the Secretary concerned to be in the interest of national defense, may each—
(1) sell, rent, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity;
(2) sell, rent, or lend government equipment or materials to any person or entity—
(A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
(B) for use in demonstrations to a friendly foreign government;
(3) make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items; and
(4) make available to any person or entity, through leases, contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.
(b) Confidentiality of Test Results.—
The results of tests performed with services made available under subsection (a)(3) are confidential and may not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.
(c) Fees.—
Fees made available under subsections (a)(3) and (a)(4) shall be established in the regulations prescribed pursuant to subsection (a). Such fees may not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.
(d) Use of Fees.—
Fees received under subsections (a)(3) and (a)(4) may be credited to the appropriations or other funds of the activity making such services available.
10 U.S.C. § 4901 (ARMED FORCES)
§ 4901. Department of Defense small business strategy
(a) In General.—
The Secretary of Defense shall implement a small business strategy for the Department of Defense that meets the requirements of this section.
(b) Unified Management Structure.—
As part of the small business strategy described in subsection (a), the Secretary shall ensure that there is a unified management structure within the Department for the functions of the Department relating to—
(1) programs and activities related to small business concerns (as defined in section 3 of the Small Business Act);
(2) manufacturing and industrial base policy; and
(3) any procurement technical assistance program established under chapter 388 of this title.
(c) Purpose of Small Business Programs.—
The Secretary shall ensure that programs and activities of the Department of Defense related to small business concerns are carried out so as to further national defense programs and priorities and the statements of purpose for Department of Defense acquisition set forth in section 801 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1449).
(d) Points of Entry Into Defense Market.—
The Secretary shall ensure—
(1) that opportunities for small business concerns to contract with the Department of Defense are identified clearly; and
(2) that small business concerns are able to have access to program managers, contracting officers, and other persons using the products or services of such concern to the extent necessary to inform such persons of emerging and existing capabilities of such concerns.
(e) Enhanced Outreach Under Procurement Technical Assistance Program Market.—
The Secretary shall enable and promote activities to provide coordinated outreach to small business concerns through any procurement technical assistance program established under chapter 388 of this title to facilitate small business contracting with the Department of Defense.
10 U.S.C. § 4951 (ARMED FORCES)
§ 4951. Purposes; definitions; regulations
(a) Purposes.—
The purposes of the program authorized by this chapter are—
(1) to increase assistance by the Department of Defense to eligible entities furnishing procurement technical assistance to business entities; and
(2) to assist eligible entities in the payment of the costs of establishing and carrying out new procurement technical assistance programs and maintaining existing procurement technical assistance programs.
(b) Definitions.—
In this chapter:
(1) The term “eligible entity” means any of the following:
(A) A State.
(B) A local government.
(C) A private, nonprofit organization.
(D) A tribal organization, as defined in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)), or an economic enterprise, as defined in section 3(e) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(e)), whether or not such economic enterprise is organized for profit purposes or nonprofit purposes.
(2) The term “distressed area” means—
(A) the area of a unit of local government (or such area excluding the area of any defined political jurisdiction within the area of such unit of local government) that—
(i) has a per capita income of 80 percent or less of the State average; or
(ii) has an unemployment rate that is one percent greater than the national average for the most recent 24-month period for which statistics are available; or
(B) a reservation, as defined in section 3(d) of the Indian Financing Act of 1974 (Public Law 93–262; 25 U.S.C. 1452(d)).
(3) The term “Secretary” means the Secretary of Defense acting through the Director of the Defense Logistics Agency.
(4) The terms “State” and “local government” have the meaning given those terms in section 6302 of title 31.
(c) Regulations.—
The Secretary of Defense shall prescribe regulations to carry out this chapter.
10 U.S.C. § 4952 (ARMED FORCES)
§ 4952. Cooperative agreements
(a) Authority.—
The Secretary, in accordance with the provisions of this chapter, may enter into cooperative agreements with eligible entities to carry out the purposes of this chapter.
(b) Agreements.—
Under any such cooperative agreement, the eligible entity shall agree to sponsor programs to furnish procurement technical assistance to business entities and the Secretary shall agree to defray not more than 75 percent of the eligible entity’s cost of furnishing such assistance under such programs, except that—
(1) in the case of a program sponsored by such an entity that provides services solely in a distressed area, the Secretary may agree to furnish more than 75 percent, but not more than 85 percent, of such cost with respect to such program; and
(2) in the case of a program sponsored by such an entity that provides assistance for covered small businesses pursuant to section 4957(b) of this title, the Secretary may agree to furnish the full cost of such assistance.
(c) Distribution of Programs.—
In entering into cooperative agreements under subsection (a), the Secretary shall assure that at least one procurement technical assistance program is carried out in each Department of Defense contract administration services district during each fiscal year.
(d) Weight to Be Given Successful Past Performance.—
In conducting a competition for the award of a cooperative agreement under subsection (a), the Secretary shall give significant weight to successful past performance of eligible entities under a cooperative agreement under this section.
(e) Determination of Level of Funding.—
In determining the level of funding to provide under an agreement under subsection (b), the Secretary shall consider the forecast by the eligible entity of demand for procurement technical assistance, and, in the case of an established program under this chapter, the outlays and receipts of such program during prior years of operation.
10 U.S.C. § 4953 (ARMED FORCES)
§ 4953. Funding
(a) In General.—
Except as provided in subsection (c), the value of the assistance furnished by the Secretary to any eligible entity to carry out a procurement technical assistance program under a cooperative agreement under this chapter during any fiscal year may not exceed—
(1) in the case of a program operating on a Statewide basis, other than a program referred to in paragraph (3) or (4), $1,000,000;
(2) in the case of a program operating on less than a Statewide basis, other than a program referred to in paragraph (3) or (4), $750,000;
(3) in the case of a program operated wholly within one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(b)(1)(D) of this title, $450,000; or
(4) in the case of a program operated wholly within more than one service area of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(b)(1)(D) of this title, $1,000,000.
(b) Determinations on Scope of Operations.—
A determination of whether a procurement technical assistance program is operating on a Statewide basis or on less than a Statewide basis or is operated wholly within one or more service areas of the Bureau of Indian Affairs by an eligible entity referred to in section 4951(b)(1)(D) of this title shall be made in accordance with regulations prescribed by the Secretary of Defense.
(c) Exception.—
The value of the assistance provided in accordance with section 4957(b) of this title is not subject to the limitations in subsection (a).
(d) Use of Program Income.—
(1) An eligible entity that earned income in a specified fiscal year from activities carried out pursuant to a procurement technical assistance program funded under this chapter may expend an amount of such income, not to exceed 25 percent of the cost of furnishing procurement technical assistance in such specified fiscal year, during the fiscal year following such specified fiscal year, to carry out a procurement technical assistance program funded under this chapter.
(2) An eligible entity that does not enter into a cooperative agreement with the Secretary for a fiscal year—
(A) shall notify the Secretary of the amount of any income the eligible entity carried over from the previous fiscal year; and
(B) may retain an amount of such income equal to 10 percent of the value of assistance furnished by the Secretary under this section during the previous fiscal year.
(3) In determining the value of assistance furnished by the Secretary under this section for any fiscal year, the Secretary shall account for the amount of any income the eligible entity carried over from the previous fiscal year.
10 U.S.C. § 4954 (ARMED FORCES)
§ 4954. Distribution
The Secretary shall allocate funds available for assistance under this chapter equally to each Department of Defense contract administrative services district. If in any such fiscal year there is an insufficient number of satisfactory proposals in a district for cooperative agreements to allow effective use of the funds allocated to that district, the funds remaining with respect to that district shall be reallocated among the remaining districts.
10 U.S.C. § 4955 (ARMED FORCES)
§ 4955. Subcontractor information
(a) Contractors to Provide Information.—
The Secretary of Defense shall require that any defense contractor in any year shall provide to an eligible entity with which the Secretary has entered into a cooperative agreement under this chapter, on the request of such entity, the information specified in subsection (b).
(b) Information to Be Provided.—
Information to be provided under subsection (a) is a listing of the name of each appropriate employee of the contractor who has responsibilities with respect to entering into contracts on behalf of such contractor that constitute subcontracts of contracts being performed by such contractor, together with the business address and telephone number and area of responsibility of each such employee.
(c) Frequency.—
A defense contractor need not provide information under this section to a particular eligible entity more frequently than once a year.
(d) Definition.—
In this section, the term “defense contractor”, for any year, means a person awarded a contract with the Department of Defense in that year for an amount in excess of $1,000,000.
10 U.S.C. § 4956 (ARMED FORCES)
§ 4956. Authority to provide certain types of technical assistance
(a) Assistance Relating to Certain Non-defense Contracts.—
The procurement technical assistance furnished by eligible entities assisted by the Department of Defense under this chapter may include technical assistance relating to contracts entered into with (1) Federal departments and agencies other than the Department of Defense, and (2) State and local governments.
(b) Information Relating to Assistance and Other Programs Available.—
An eligible entity assisted by the Department of Defense under this chapter also may furnish information relating to assistance and other programs available pursuant to the Defense Conversion, Reinvestment, and Transition Assistance Act of 1992.
(c) Education on Requirements Applicable to Small Businesses Under Certain Regulations.—
An eligible entity assisted by the Department of Defense under this chapter also may furnish education on the requirements applicable to small businesses under the regulations issued—
(1) under section 38 of the Arms Export Control Act (22 U.S.C. 2778), and on compliance with those requirements; and
(2) under section 9 of the Small Business Act (15 U.S.C. 638), and on compliance with those requirements.
10 U.S.C. § 4957 (ARMED FORCES)
§ 4957. Advancing small business growth
(a) Contract Clause Required.—
(1) The Under Secretary of Defense for Acquisition and Sustainment shall require the clause described in paragraph (2) to be included in each covered contract awarded by the Department of Defense.
(2) The clause described in this paragraph is a clause that—
(A) requires the contractor to acknowledge that acceptance of the contract may cause the business to exceed the applicable small business size standards (established pursuant to section 3(a) of the Small Business Act) for the industry concerned and that the contractor may no longer qualify as a small business concern for that industry; and
(B) encourages the contractor to develop capabilities and characteristics typically desired in contractors that are competitive as an other-than-small business in that industry.
(b) Availability of Assistance.—
Covered small businesses may be provided assistance as part of any procurement technical assistance furnished pursuant to this chapter.
(c) Definitions.—
In this section:
(1) The term “covered contract” means a contract—
(A) awarded to a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act; and
(B) with an estimated annual value—
(i) that will exceed the applicable receipt-based small business size standard; or
(ii) if the contract is in an industry with an employee-based size standard, that will exceed $70,000,000.
(2) The term “covered small business” means a qualified small business concern as defined pursuant to section 3(a) of the Small Business Act that has entered into a contract with the Department of Defense that includes a contract clause described in subsection (a)(2).
10 U.S.C. § 4959 (ARMED FORCES)
§ 4959. Administrative and other costs
The Director of the Defense Logistics Agency may use, out of the amount appropriated for a fiscal year for operation and maintenance for the procurement technical assistance program authorized by this chapter—
(1) an amount not exceeding three percent of such amount to defray the expenses of administering the provisions of this chapter during such fiscal year; and
(2) an amount determined appropriate by the Director to assist eligible entities in payment of costs of eligible entities—
(A) for meetings to discuss best practices for the improvement of the operations of procurement technical assistance centers; and
(B) for membership dues for any association of such centers created by eligible entities, training fees and associated travel for training to carry out the purposes of this chapter, and voluntary participation on any committees or board of such an association.
10 U.S.C. § 4971 (ARMED FORCES)
§ 4971. Establishment of loan guarantee program
(a) Establishment.—
In order to meet the national security objectives in section 4811(a) 1 of this title, the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring a lender against losses of principal or interest, or both principal and interest, arising out of the financing of the sale or long-term lease of defense articles, defense services, or design and construction services to a country referred to in subsection (b).
(b) Covered Countries.—
The authority under subsection (a) applies with respect to the following countries:
(1) A member nation of the North Atlantic Treaty Organization (NATO).
(2) A country designated as of March 31, 1995, as a major non-NATO ally pursuant to section 2350a(i)(3) of this title, as in effect on that date.
(3) A country in Central Europe that, as determined by the Secretary of State—
(A) has changed its form of national government from a nondemocratic form of government to a democratic form of government since October 1, 1989; or
(B) is in the process of changing its form of national government from a nondemocratic form of government to a democratic form of government.
(4) A noncommunist country that was a member nation of the Asia Pacific Economic Cooperation (APEC) as of October 31, 1993.
(c) Authority Subject to Provisions of Appropriations.—
The Secretary may guarantee a loan under this subchapter only to such extent or in such amounts as may be provided in advance in appropriations Acts.
10 U.S.C. § 4973 (ARMED FORCES)
§ 4973. Limitations
(a) Terms and Conditions of Loan Guarantees.—
In issuing a guarantee under this subchapter for a medium-term or long-term loan, the Secretary may not offer terms and conditions more beneficial than those that would be provided to the recipient by the Export-Import Bank of the United States under similar circumstances in conjunction with the provision of guarantees for nondefense articles and services.
(b) Losses Arising From Fraud or Misrepresentation.—
No payment may be made under a guarantee issued under this subchapter for a loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(c) No Right of Acceleration.—
The Secretary of Defense may not accelerate any guaranteed loan or increment, and may not pay any amount, in respect of a guarantee issued under this subchapter, other than in accordance with the original payment terms of the loan.