---
kind: "section"
citation: "10 U.S.C. § 4812"
title: "10"
title_heading: "Armed Forces"
number: "4812"
heading: "National Defense Technology and Industrial Base Council"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/4812"
units:
  - "Subtitle A — General Military Law"
  - "Part V — Acquisition"
  - "Subpart I — Defense Industrial Base"
  - "Chapter 382 — Policies and Planning"
---

# §4812. National Defense Technology and Industrial Base Council

- (a) **Establishment.—** There is a National Defense Technology and Industrial Base Council.
- (b) **Composition.—** The Council is composed of the following members:
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense, who shall serve as chairman.
  - (2) The [Secretary](/usc/10/4951.md?p=3) of Energy.
  - (3) The [Secretary](/usc/10/4951.md?p=3) of Commerce.
  - (4) The [Secretary](/usc/10/4951.md?p=3) of Labor.
  - (5) Such other officials as may be determined by the President.
- (c) **Responsibilities.—** The Council shall have the responsibility to ensure effective cooperation among [departments](/usc/10/101.md?p=a-6) and [agencies](/usc/10/3451.md?p=3) of the Federal Government, and to provide advice and recommendations to the President, the [Secretary](/usc/10/4951.md?p=3) of Defense, the [Secretary](/usc/10/4951.md?p=3) of Energy, the [Secretary](/usc/10/4951.md?p=3) of Commerce, and the [Secretary](/usc/10/4951.md?p=3) of Labor, concerning—
  - (1) the capabilities of the national technology and industrial base to meet the [national security](/usc/10/801.md?p=16) objectives set forth in [section 4811(a) of this title](/usc/10/4811.md?p=a);
  - (2) [programs](/usc/10/2101.md?p=1) for achieving such [national security](/usc/10/801.md?p=16) objectives;
  - (3) changes in acquisition policy that strengthen the national technology and industrial base; and
  - (4) collaboration with government officials of member countries of the national technology and industrial base in order to strengthen the national technology and industrial base.
- (d) **Alternative Performance of Responsibilities.—** Notwithstanding [subsection (c)](#c), the President may assign the responsibilities of the Council to another interagency organization of the executive branch that [includes](/usc/10/101.md?p=g-4) among its members the officials specified in paragraphs [(1)](#b-1) through [(4)](#b-4) of subsection (b).

## Source credit

(Added Pub. L. 102–484, div. D, title XLII, § 4212(a), Oct. 23, 1992, 106 Stat. 2664, § 2502; amended Pub. L. 103–160, div. A, title XIII, § 1312(b), Nov. 30, 1993, 107 Stat. 1786; Pub. L. 103–337, div. A, title X, § 1070(a)(12), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title X, § 1081(b), Feb. 10, 1996, 110 Stat. 452; Pub. L. 104–201, div. A, title VIII, § 829(c)(2), formerly § 829(c)(2), (3), Sept. 23, 1996, 110 Stat. 2613, renumbered Pub. L. 105–85, div. A, title X, § 1073(c)(7)(B), Nov. 18, 1997, 111 Stat. 1904; Pub. L. 105–85, div. A, title X, § 1073(c)(7)(A), Nov. 18, 1997, 111 Stat. 1904; renumbered § 4812 and amended Pub. L. 116–283, div. A, title VIII, § 846(c), title XVIII, § 1867(b), (d)(1), Jan. 1, 2021, 134 Stat. 3768, 4281.)

## Notes

### Editorial Notes

### Amendments

2021—Pub. L. 116–283, § 1867(b), renumbered section 2502 of this title as this section.

Subsec. (c)(1). Pub. L. 116–283, § 1867(d)(1), substituted “section 4811(a)” for “section 2501(a)”.

Subsec. (c)(4). Pub. L. 116–283, § 846(c), added par. (4).

1997—Subsec. (c). Pub. L. 105–85, § 1073(c)(7)(A), made technical correction to directory language of Pub. L. 104–201, § 829(c)(2). See 1996 Amendment note below.

1996—Subsec. (c). Pub. L. 104–201, § 829(c)(2), formerly § 829(c)(2), (3), as renumbered and amended by Pub. L. 105–85, substituted “the responsibility to ensure effective cooperation” for “the following responsibilities:”, struck out “(1) To ensure the effective cooperation” before “among departments”, struck out par. (2), redesignated subpars. (A), (B), and (C) as pars. (1), (2), and (3), respectively, and adjusted margins of such pars. Prior to repeal, par. (2) read as follows: “To prepare the periodic assessment and the periodic plan required by sections 2505 and 2506 of this title, respectively.”

Subsec. (c)(1)(B). Pub. L. 104–106, § 1081(b)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “programs for achieving, during a period of reduction in defense expenditures, the defense reinvestment, diversification, and conversion objectives set forth in section 2501(b) of this title; and”.

Subsec. (c)(2), (3). Pub. L. 104–106, § 1081(b)(2), (3), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “To provide overall policy guidance to ensure effective implementation by agencies of the Federal Government of defense reinvestment and conversion activities during a period of reduction in defense expenditures.”

1994—Subsec. (d). Pub. L. 103–337 substituted “executive” for “Executive”.

1993—Subsec. (d). Pub. L. 103–160 added subsec. (d).

### Statutory Notes and Related Subsidiaries

### Effective Date of 2021 Amendment

Amendment by section 1867(b), (d)(1) 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.

### Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title X, § 1073(c), Nov. 18, 1997, 111 Stat. 1904, provided that the amendment made by that section is effective as of Sept. 23, 1996, and as if included in the National Defense Authorization Act for Fiscal Year 1997, Pub. L. 104–201, as enacted.