(a)
(b)
(c)
(d)
(1) to support the monitoring and assessment of the industrial base required by chapters 381 through 385 and chapter 389;
(2) to address critical issues in the industrial base relating to urgent operational needs;
(3) to support efforts to expand the industrial base; and
(4) to address supply chain vulnerabilities.
(e)
(f)
(1) Direct obligations from the Fund.
(2) Transfers of monies from the Fund to relevant appropriations of the Department of Defense.
(g)
(A) Castings and forgings.
(B) Kinetic capabilities, including sensors, targeting systems, and delivery platforms.
(C) Microelectronics.
(D) Machine tools, including subtractive, additive, convergent, stamping, forging, abrasives, metrology, and other production equipment.
(E) Critical minerals, materials, and chemicals.
(F) The workforce of the defense industrial base.
(G) Advanced manufacturing (as defined in section 4841(f)) capability and capacity of the defense industrial base, including manufacturing at or near the point of need in the area of responsibility of the United States Indo-Pacific Command.
(H) Unmanned vehicles, including subsurface, surface, land, air, single use, and attritable unmanned vehicles and associated launch and recovery platforms.
(I) Manned aircraft.
(J) Ground systems.
(K) Power sources.
(L) Ships or submarines, including technologies and capabilities for the assembly or automation of ships or submarines, new or modernized infrastructure for the construction of new ships or submarines or the maintenance and sustainment or repair of battle damage to ships or submarines.
(M) Other materiel solutions required to support the operational plans of the United States Indo-Pacific Command.
(N) Defense space systems.
(O) Batteries.
(2)
(3)
(A) determines that—
(i) the use of the authority for such other purpose is essential to the defense interests of the United States; and
(ii) without the use of the authority for such other purpose, the defense industrial base cannot reasonably be expected to provide a capability needed by the Department of Defense in a timely manner; and
(B) not less than 30 days prior to the Secretary using such authorities for such other purpose, submits to the congressional defense committees a report on such determination that includes appropriate explanatory material for such use.
(h)
(1) use contracts, grants, or other transaction authorities, including cooperative agreements;
(2) establish incentives for the private sector to develop capabilities in areas of defense interest;
(3) during the five-year period beginning on the date of the enactment of this subsection, make awards to third party entities to support investments in small- and medium-sized entities working in areas of defense interest that would benefit missions of the Department of Defense; and
(4) provide subsidies to offset market manipulation.
(i)
(1)
(A) for the use or resale of an industrial resource or a critical technology item by the Federal Government;
(B) to encourage the exploration, development, and mining of strategic and critical materials;
(C) to support the development of other materials and components;
(D) for the development of production capabilities; and
(E) to increase the use of emerging technologies in defense program applications and the rapid transition of emerging technologies—
(i) from research and development sponsored by the Federal Government to commercial applications; and
(ii) from commercial research and development to national defense applications.
(2)
(A)
(B)
(3)
(A)
(i) under generally fair and equitable ceiling prices, for any raw or nonprocessed material or component, there will result a decrease in supplies from high-cost sources of such material and that the continuation of such supplies from such sources is necessary to carry out the objectives of this section; or
(ii) an increase in cost of transportation of such material is temporary and threatens to impair maximum production or supply in any area at stable prices of such material.
(B)
(i) in the case of a finding described in clause (i) of such subparagraph, supplies from high-cost sources of such material do not decrease; or
(ii) in the case of a finding described in clause (ii) of such subparagraph with respect to one or more areas, that maximum production or supply of such material at stable prices in each such area is maintained, as applicable.
(4)
(A)
(B)
(i) procuring and installing additional equipment, facilities, processes or improvements to plants, factories, and other industrial facilities owned by the Federal Government;
(ii) procuring and installing equipment, including equipment owned by the Federal Government, in privately owned plants, factories, and other industrial facilities;
(iii) providing for the modification, expansion, or construction of new privately owned facilities, including modifications or improvements to production processes, when taking actions under this subsection or subsection (h);
(iv) selling or otherwise transferring equipment owned by the Federal Government and installed under this subsection to the owners of such plants, factories, or other industrial facilities;
(v) constructing facilities for the purposes described in section subsection (g)(1); and
(vi) applying contracts, grants, or other transactions authorities.
(5)
(A)
(B)
(C)
(i) such metal, mineral, material, or component is deemed to have been determined to be strategic and critical under section 3(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b(a)); and
(ii) the Stockpile Manager of the National Defense Stockpile is deemed to have determines there is a shortfall of such materials in the National Defense Stockpile.
(6)
(j)
(1)
(2)
(A)
(B)
(i) restricting contract solicitations to reliable sources;
(ii) stockpiling or placing into reserve strategic and critical materials, components, and critical technology items;
(iii) planning for necessary long lead times for acquiring such materials, components, and items; and
(iv) developing and qualifying substitutes for such materials, components, and items.
(k)
(1)
(2)
(A) measures of the effectiveness of the investments and activities described in such paragraph in meeting the needs of the Department of Defense and the defense industrial base;
(B) an evaluation of the return on investment of all ongoing investments from the Fund; and
(C) a description of efforts to coordinate activities carried out using amounts in the Fund with activities to support the defense industrial base carried out under other authorities.
(3)
(l) Coordination With Other Defense Industrial Base Activities.—Not later than 90 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, the Secretary shall submit to the congressional defense committees, the Committee on Banking, Housing, and Urban Affairs of the Senate, and the Committee on Financial Services of the House of Representatives a report detailing how activities carried out under this section will be coordinated with—
(1) activities carried out using amounts in the Defense Production Act Fund under section 304 of the Defense Production Act of 1950 (50 U.S.C.4534);
(2) activities of the Office of Strategic Capital; and
(3) any other efforts designed to enhance the defense industrial base.
(m)
(1) The term "covered country" means—
(A) the Russian Federation;
(B) the Republic of Cuba;
(C) the Bolivarian Republic of Venezuela;
(D) the Democratic People's Republic of Korea;
(E) the Islamic Republic of Iran; and
(F) the People's Republic of China.
(2) The term "reliable source" means a citizen of, or business entity organized under the laws of—
(A) the United States or any territory or possession of the United States;
(B) a country of the national technology and industrial base, as defined in section 4801; or
(C) a qualifying country, as defined in section 225.003 of the Department of Defense Supplement to the Federal Acquisition Regulation or any successor regulation.
(3) The term "Secretary" means the Secretary of Defense.
(4) The term "strategic and critical materials" has the meaning given that term in section 12(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–3(1)).
Amendment of Section
Pub. L. 119–60, div. A, title VIII, §867(d)(1), Dec. 18, 2025, 139 Stat. 996, 1002, provided that effective Dec. 31, 2035, subsections (g) to (m) of this section, as added by section 867(a) of Pub. L. 119–60, are repealed. See 2025 Amendment notes below.
Editorial Notes
References in Text
The date of the enactment of this subsection, referred to in subsec. (h)(3), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.
The Strategic and Critical Materials Stock Piling Act, referred to in subsec. (i)(5), is act June 7, 1939, ch. 190, as added Pub. L. 96–41, §2, July 30, 1979, 93 Stat. 319, which is classified generally to subchapter III (§98 et seq.) of chapter 5 of Title 50, War and National Defense. For complete classification of this Act to the Code, see section 98 of Title 50 and Tables.
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2026, referred to in subsec. (l), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.
Amendments
2025—Subsecs. (g) to (m). Pub. L. 119–60, §867(d)(1), struck out subsecs. (g) to (m), which related to eligible uses of authorities, grants and other incentives for domestic industrial base capabilities, Defense Industrial Base Purchase Commitment Program, strengthening domestic productive capacity, annual report, coordination with other defense industrial base activities, and definitions, respectively. See Termination Date of 2025 Amendment note below.
Pub. L. 119–60, §867(a), added subsecs. (g) to (m).
2021—Pub. L. 116–283 renumbered section 2508 of this title as this section.
Subsec. (d)(1). Pub. L. 116–283, §1867(d)(7), as added by Pub. L. 117–81, §1701(b)(22)(C), substituted "chapters 381 through 385 and chapter 389" for "this chapter".
2019—Subsec. (b). Pub. L. 116–92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics".
2017—Pub. L. 115–91, §1081(g)(1), made technical amendment to directory language of Pub. L. 111–383, §896(b)(1), which added this section.
Statutory Notes and Related Subsidiaries
Termination Date of 2025 Amendment
Pub. L. 119–60, div. A, title VIII, §867(d)(1), Dec. 18, 2025, 139 Stat. 1002, provided that effective Dec. 31, 2035, section 4817 of this title is amended by striking out subsecs. (g) to (m).
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 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.
Effective Date of 2017 Amendment
Pub. L. 115–91, div. A, title X, §1081(g), Dec. 12, 2017, 131 Stat. 1601, provided that the amendment made by section 1081(g)(1) is effective as of Jan. 7, 2011, and as if included in Pub. L. 111–383 as enacted.
