10 U.S.C. § 814

PRODUCTION CAPABILITIES IMPROVEMENT FOR CERTAIN ESSENTIAL ITEMS USING DEFENSE INDUSTRIAL BASE CAPABILITIES FUND.

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“(a)Establishment of Fund.—There is established in the Treasury of the United States a separate fund to be known as the Defense Industrial Base Capabilities Fund (hereafter in this section referred to as the ‘Fund’).“(b)Moneys in Fund.—There shall be credited to the Fund amounts appropriated to it.“(c)Use of Fund.—The Secretary of Defense is authorized to use all amounts in the Fund, subject to appropriation, for the purposes of enhancing or reconstituting United States industrial capability to produce items on the military system essential item breakout list (as described in section 812(b)) or items subject to section 4864 of title 10, United States Code, in the quantity and of the quality necessary to achieve national security objectives.“(d)Limitation on Use of Fund.—Before the obligation of any amounts in the Fund, the Secretary of Defense shall submit to Congress a report describing the Secretary’s plans for implementing the Fund established in subsection (a), including the priorities for the obligation of amounts in the Fund, the criteria for determining the recipients of such amounts, and the mechanisms through which such amounts may be provided to the recipients.“(e)Availability of Funds.—Amounts in the Fund shall remain available until expended.“(f)Fund Manager.—The Secretary of Defense shall designate a Fund manager. The duties of the Fund manager shall include—“(1) ensuring the visibility and accountability of transactions engaged in through the Fund; and“(2) reporting to Congress each year regarding activities of the Fund during the previous fiscal year.”