10 U.S.C. § 4841 (ARMED FORCES)
§ 4841. Manufacturing Technology Program
(a) Establishment.—
The Secretary of Defense shall establish a Manufacturing Technology Program to further the national security objectives of section 4811(a) of this title through the development and application of advanced manufacturing technologies and processes that will reduce the acquisition and supportability costs of defense weapon systems and reduce manufacturing and repair cycle times across the life cycles of such systems. The Secretary shall use the joint planning process of the directors of the Department of Defense laboratories in establishing the program. The Under Secretary of Defense for Research and Engineering shall administer the program.
(b) Purpose of Program.—
The Secretary of Defense shall use the program—
(1) to provide centralized guidance and direction (including goals, milestones, and priorities) to the military departments and the Defense Agencies on all matters relating to manufacturing technology;
(2) to direct the development and implementation of Department of Defense plans, programs, projects, activities, and policies that promote the development and application of advanced technologies to manufacturing processes, tools, and equipment;
(3) to improve the manufacturing quality, productivity, technology, and practices of businesses and workers providing goods and services to the Department of Defense;
(4) to focus Department of Defense support for the development and application of advanced manufacturing technologies and processes for use to meet manufacturing requirements that are essential to the national defense, as well as for repair and remanufacturing in support of the operations of systems commands, depots, air logistics centers, and shipyards;
(5) to disseminate information concerning improved manufacturing improvement concepts, including information on such matters as best manufacturing practices, product data exchange specifications, computer-aided acquisition and logistics support, and rapid acquisition of manufactured parts;
(6) to sustain and enhance the skills and capabilities of the manufacturing work force;
(7) to promote high-performance work systems (with development and dissemination of production technologies that build upon the skills and capabilities of the work force), high levels of worker education and training; and
(8) to ensure appropriate coordination between the manufacturing technology programs and industrial preparedness programs of the Department of Defense and similar programs undertaken by other departments and agencies of the Federal Government or by the private sector.
(c) Execution.—
(1) The Secretary may carry out projects under the program through the Secretaries of the military departments and the heads of the Defense Agencies.
(2) In the establishment and review of requirements for an advanced manufacturing technology or process, the Secretary shall ensure the participation of those prospective technology users that are expected to be the users of that technology or process.
(3) The Secretary shall ensure that each project under the program for the development of an advanced manufacturing technology or process includes an implementation plan for the transition of that technology or process to the prospective technology users that will be the users of that technology or process.
(4) In the periodic review of a project under the program, the Secretary shall ensure participation by those prospective technology users that are the expected users for the technology or process being developed under the project.
(5) In order to promote increased dissemination and use of manufacturing technology throughout the national defense technology and industrial base, the Secretary shall seek, to the maximum extent practicable, the participation of manufacturers of manufacturing equipment in the projects under the program.
(6) In this subsection, the term “prospective technology users” means the following officials and elements of the Department of Defense:
(A) Program and project managers for defense weapon systems.
(B) Systems commands.
(C) Depots.
(D) Air logistics centers.
(E) Shipyards.
(d) Competition and Cost Sharing.—
(1) In accordance with the policy stated in section 4008 of this title, competitive procedures shall be used for awarding all grants and entering into all contracts, cooperative agreements, and other transactions under the program.
(2) Under the competitive procedures used, the factors to be considered in the evaluation of each proposed grant, contract, cooperative agreement, or other transaction for a project under the program shall include the extent to which that proposed transaction provides for the proposed recipient to share in the cost of the project. For a project for which the Government receives an offer from only one offeror, the contracting officer shall negotiate the ratio of contract recipient cost to Government cost that represents the best value to the Government.
(e) Five-Year Strategic Plan.—
(1) The Secretary shall develop a plan for the program that includes the following:
(A) The overall manufacturing technology goals, milestones, priorities, and investment strategy for the program.
(B) The objectives of, and funding for, the program for each military department and each Defense Agency that shall participate in the program during the period of the plan.
(2) The Secretary shall include in the plan mechanisms for assessing the effectiveness of the program under the plan.
(3) The Secretary shall update the plan not less frequently than once every four years.
(4) Each plan, and each update to the plan, shall cover a period of five fiscal years.
(Added Pub. L. 103–160, div. A, title VIII, § 801(a)(1), Nov. 30, 1993, 107 Stat. 1700, § 2525; amended Pub. L. 103–337, div. A, title II, § 256(a)(1), Oct. 5, 1994, 108 Stat. 2704; Pub. L. 104–106, div. A, title II, § 276(a), title X, § 1081(e), title XV, § 1503(a)(28), Feb. 10, 1996, 110 Stat. 241, 454, 512; Pub. L. 105–85, div. A, title II, § 211(a), (b), Nov. 18, 1997, 111 Stat. 1657; Pub. L. 105–261, div. A, title II, § 213, Oct. 17, 1998, 112 Stat. 1947; Pub. L. 106–65, div. A, title II, § 216, Oct. 5, 1999, 113 Stat. 543; renumbered § 2521, Pub. L. 106–398, § 1 [[div. A], title III, § 344(c)(1)(A)], Oct. 30, 2000, 114 Stat. 1654, 1654A–71; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 107–314, div. A, title II, § 213, Dec. 2, 2002, 116 Stat. 2481; Pub. L. 108–136, div. A, title X, § 1031(a)(24), Nov. 24, 2003, 117 Stat. 1598; Pub. L. 110–181, div. A, title II, § 238(a), Jan. 28, 2008, 122 Stat. 48; Pub. L. 111–84, div. A, title II, § 212, Oct. 28, 2009, 123 Stat. 2225; Pub. L. 112–239, div. A, title X, § 1076(c)(2)(A)(i), Jan. 2, 2013, 126 Stat. 1949; Pub. L. 113–291, div. A, title II, § 212, Dec. 19, 2014, 128 Stat. 3325; Pub. L. 116–92, div. A, title IX, § 902(76), Dec. 20, 2019, 133 Stat. 1552; renumbered § 4841 and amended Pub. L. 116–283, div. A, title XVIII, § 1869(b), (c)(1), Jan. 1, 2021, 134 Stat. 4283.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 4841 was renumbered section 7841 of this title.
heading: Amendments
text: 2021—Pub. L. 116–283, § 1869(b)(1), renumbered section 2521 of this title as this section.
Subsec. (a). Pub. L. 116–283, § 1869(b)(2)(A), substituted “section 4811(a)” for “section 2501(a)”.
Subsec. (d)(1). Pub. L. 116–283, § 1869(b)(2)(B), substituted “section 4008” for “section 2374”.
Subsecs. (e), (f). Pub. L. 116–283, § 1869(c)(1), redesignated subsec. (f) as (e), transferred it to appear after subsec. (d) and transferred subsec. (e), related to Joint Defense Manufacturing Technology Panel, to section 4842 of this title.
2019—Subsec. (a). Pub. L. 116–92, § 902(76)(A), substituted “The Under Secretary of Defense for Research and Engineering” for “The Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (e)(4)(D). Pub. L. 116–92, § 902(76)(B), substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
Subsec. (e)(5). Pub. L. 116–92, § 902(76)(C), substituted “Under Secretary of Defense for Research and Engineering” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2014—Subsec. (e)(5). Pub. L. 113–291, § 212(a), substituted “one or more individuals designated by the Under Secretary of Defense for Acquisition, Technology, and Logistics for purposes of this paragraph” for “the Assistant Secretary of Defense for Research and Engineering”.
Subsec. (f)(3). Pub. L. 113–291, § 212(b), substituted “not less frequently than once every four years” for “on a biennial basis”.
2013—Subsec. (e)(5). Pub. L. 112–239 substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.
2009—Subsecs. (e), (f). Pub. L. 111–84 added subsec. (e) and redesignated former subsec. (e) as (f).
2008—Subsec. (e). Pub. L. 110–181 added subsec. (e).
2003—Subsec. (e). Pub. L. 108–136 struck out heading and text of subsec. (e) which related to preparation and maintenance of a five-year plan for the Manufacturing Technology Program by the Secretary of Defense.
2002—Subsec. (e)(1). Pub. L. 107–314, § 213(a), substituted “prepare and maintain a five-year plan for the program.” for “prepare a five-year plan for the program which establishes—
“(A) the overall manufacturing technology goals, milestones, priorities, and investment strategy for the program; and
“(B) for each of the five fiscal years covered by the plan, the objectives of, and funding for the program by, each military department and each Defense Agency participating in the program.”
Subsec. (e)(2). Pub. L. 107–314, § 213(a), substituted “establish” for “include” in introductory provisions and amended subpars. (A) and (B) generally. Prior to amendment, text read as follows:
“(A) An assessment of the effectiveness of the program, including a description of all completed projects and status of implementation.
“(B) An assessment of the extent to which the costs of projects are being shared by the following:
“(i) Commercial enterprises in the private sector.
“(ii) Department of Defense program offices, including weapon system program offices.
“(iii) Departments and agencies of the Federal Government outside the Department of Defense.
“(iv) Institutions of higher education.
“(v) Other institutions not operated for profit.
“(vi) Other sources.”
Subsec. (e)(3). Pub. L. 107–314, § 213(b), substituted “biennially” for “annually” and “for each even-numbered fiscal year” for “for a fiscal year”.
2001—Subsec. (a). Pub. L. 107–107 substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
2000—Pub. L. 106–398 renumbered section 2525 of this title as section 2521.
1999—Subsec. (a). Pub. L. 106–65, § 216(a), in first sentence, inserted “through the development and application of advanced manufacturing technologies and processes that will reduce the acquisition and supportability costs of defense weapon systems and reduce manufacturing and repair cycle times across the life cycles of such systems” after “title”.
Subsec. (b)(4). Pub. L. 106–65, § 216(b), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “to promote dual-use manufacturing processes;”.
Subsec. (c)(2) to (6). Pub. L. 106–65, § 216(c), added pars. (2) to (4), redesignated former par. (2) as (5), and added par. (6).
Subsec. (d). Pub. L. 106–65, § 216(d), struck out “(A)” before “In accordance with” in par. (1), redesignated par. (1)(B) as par. (2), substituted “Under the competitive procedures used, the factors to be considered in the evaluation of each proposed grant, contract, cooperative agreement, or other transaction for a project under the program shall include the extent to which that proposed transaction provides for the proposed recipient to share in the cost of the project.” for “For each grant awarded and each contract, cooperative agreement, or other transaction entered into on a cost-share basis under the program, the ratio of contract recipient cost to Government cost shall be determined by competitive procedures.”, and struck out former pars. (2) and (3) which required grants, contracts, cooperative agreements, and other transactions to be awarded or entered into on a cost-sharing basis unless the Secretary of Defense made certain determinations and specified as a goal that at least 25 percent of the funds available for the program for each fiscal year be used for grants, contracts, cooperative agreements, and other transactions on a cost-share basis under which the ratio of recipient cost to Government cost was two to one.
Subsec. (e)(2)(A). Pub. L. 106–65, § 216(e)(1), inserted “, including a description of all completed projects and status of implementation” before period at end.
Subsec. (e)(2)(C). Pub. L. 106–65, § 216(e)(2), added subpar. (C).
1998—Subsec. (d)(1). Pub. L. 105–261, § 213(a), designated existing provisions as subpar. (A), substituted “In accordance with the policy stated in section 2374 of this title, competitive” for “Competitive”, and added subpar. (B).
Subsec. (d)(2). Pub. L. 105–261, § 213(b), designated existing provisions as subpar. (A), redesignated former subpars. (A) to (C) as cls. (i) to (iii), respectively, and added subpars. (B) and (C).
Subsec. (d)(3). Pub. L. 105–261, § 213(c)(2), substituted “As a goal, at least” for “At least” and “should” for “shall” and inserted at end “The Secretary of Defense, in coordination with the Secretaries of the military departments and upon recommendation of the Under Secretary of Defense for Acquisition and Technology, shall establish annual objectives to meet such goal.”
Subsec. (d)(4). Pub. L. 105–261, § 213(c)(1), struck out par. (4) which read as follows: “If the requirement of paragraph (3) cannot be met by July 15 of a fiscal year, the Under Secretary of Defense for Acquisition and Technology may waive the requirement and obligate the balance of the funds available for the program for that fiscal year on a cost-share basis under which the ratio of recipient cost to Government cost is less than two to one. Before implementing any such waiver, the Under Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives the reasons for the waiver.”
Subsec. (e)(2). Pub. L. 105–261, § 213(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The plan shall include an assessment of the effectiveness of the program.”
1997—Subsec. (c)(2). Pub. L. 105–85, § 211(a), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary shall seek, to the extent practicable, the participation of manufacturers of manufacturing equipment in the projects under the program.”
Subsec. (e). Pub. L. 105–85, § 211(b), added subsec. (e).
1996—Pub. L. 104–106, § 276(a)(1), amended section catchline, as amended by Pub. L. 104–106, §§ 1503(a)(28), 1506, by striking out “Science and” after “Manufacturing”.
Pub. L. 104–106, § 1503(a)(28), substituted “Science and Technology Program” for “science and technology program” in section catchline.
Subsec. (a). Pub. L. 104–106, § 276(a)(2), struck out “Science and” after “Manufacturing” and inserted after first sentence “The Secretary shall use the joint planning process of the directors of the Department of Defense laboratories in establishing the program.”
Subsec. (b). Pub. L. 104–106, § 1081(e), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “Purpose.—The purpose of the program is to enhance the capability of industry to meet the manufacturing needs of the Department of Defense.”
Subsec. (c). Pub. L. 104–106, § 276(a)(3), designated existing provisions as par. (1) and added par. (2).
Subsec. (d)(2)(C). Pub. L. 104–106, § 276(a)(4)(A), added subpar. (C).
Subsec. (d)(3), (4). Pub. L. 104–106, § 276(a)(4)(B), added pars. (3) and (4).
1994—Pub. L. 103–337 substituted “Manufacturing science and technology program” for “Industrial Preparedness Manufacturing Technology Program” as section catchline and amended text generally. Prior to amendment, text read as follows: “The Secretary of Defense shall establish an Industrial Preparedness Manufacturing Technology program to enhance the capability of industry to meet the manufacturing needs of the Department of Defense.”
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2021 Amendment
text: Amendment by 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.