
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[CITE: 10USC2521]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
                 SUBCHAPTER IV--MANUFACTURING TECHNOLOGY
 
Sec. 2521. Manufacturing Technology Program

    (a) Establishment.--The Secretary of Defense shall establish a 
Manufacturing Technology Program to further the national security 
objectives of section 2501(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 
Acquisition, Technology, and Logistics 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 2374 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 Plan.--(1) The Secretary of Defense shall 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.

    (2) The plan shall include the following:
        (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.

        (C) Plans for the implementation of the advanced manufacturing 
    technologies and processes being developed under the program.

    (3) The plan shall be updated annually and shall be included in the 
budget justification documents submitted in support of the budget of the 
Department of Defense for a fiscal year (as included in the budget of 
the President submitted to Congress under section 1105 of title 31).

(Added Pub. L. 103-160, div. A, title VIII, Sec. 801(a)(1), Nov. 30, 
1993, 107 Stat. 1700, Sec. 2525; amended Pub. L. 103-337, div. A, title 
II, Sec. 256(a)(1), Oct. 5, 1994, 108 Stat. 2704; Pub. L. 104-106, div. 
A, title II, Sec. 276(a), title X, Sec. 1081(e), title XV, 
Sec. 1503(a)(28), Feb. 10, 1996, 110 Stat. 241, 454, 512; Pub. L. 105-
85, div. A, title II, Sec. 211(a), (b), Nov. 18, 1997, 111 Stat. 1657; 
Pub. L. 105-261, div. A, title II, Sec. 213, Oct. 17, 1998, 112 Stat. 
1947; Pub. L. 106-65, div. A, title II, Sec. 216, title IX, 
Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 543, 717; renumbered Sec. 2521, 
Pub. L. 106-398, Sec. 1 [[div. A], title III, Sec. 344(c)(1)(A)], Oct. 
30, 2000, 114 Stat. 1654, 1654A-71.)


                            Prior Provisions

    A prior section 2521, added Pub. L. 102-484, div. D, title XLII, 
Sec. 4231(a), Oct. 23, 1992, 106 Stat. 2686, related to National Defense 
Manufacturing Technology Program, prior to repeal by Pub. L. 104-106, 
div. A, title X, Sec. 1081(f), Feb. 10, 1996, 110 Stat. 454.
    Another prior section 2521, added Pub. L. 102-190, div. A, title 
VIII, Sec. 821(a), Dec. 5, 1991, 105 Stat. 1426, defined terms for 
purposes of former chapter 150 of this title, prior to repeal and 
restatement in section 2491 [now 2500] of this title by Pub. L. 102-484, 
Secs. 4202(a), 4203(a).
    Another prior section 2521 was renumbered section 2540 of this title 
and subsequently repealed.


                               Amendments

    2000--Pub. L. 106-398 renumbered section 2525 of this title as this 
section.
    1999--Subsec. (a). Pub. L. 106-65, Sec. 911(a)(1), substituted 
``Under Secretary of Defense for Acquisition, Technology, and 
Logistics'' for ``Under Secretary of Defense for Acquisition and 
Technology''.
    Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 216(c), added pars. (2) 
to (4), redesignated former par. (2) as (5), and added par. (6).
    Subsec. (d). Pub. L. 106-65, Sec. 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, Sec. 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, Sec. 216(e)(2), added subpar. 
(C).
    1998--Subsec. (d)(1). Pub. L. 105-261, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 211(b), added subsec. (e).
    1996--Pub. L. 104-106, Sec. 276(a)(1), amended section catchline, as 
amended by Pub. L. 104-106, Secs. 1503(a)(28), 1506, by striking out 
``Science and'' after ``Manufacturing''.
    Pub. L. 104-106, Sec. 1503(a)(28), substituted ``Science and 
Technology Program'' for ``science and technology program'' in section 
catchline.
    Subsec. (a). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 276(a)(3), designated existing 
provisions as par. (1) and added par. (2).
    Subsec. (d)(2)(C). Pub. L. 104-106, Sec. 276(a)(4)(A), added subpar. 
(C).
    Subsec. (d)(3), (4). Pub. L. 104-106, Sec. 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.''
