References in Text
The Federal Credit Reform Act of 1990, referred to in subsec. (e)(3)(A)(ii)(IX), is title V of [Pub. L. 93–344], as added by [Pub. L. 101–508, title XIII, § 13201(a)], Nov. 5, 1990, [104 Stat. 1388–609], which is classified generally to subchapter III (§ 661 et seq.) of chapter 17A of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 621 of Title 2 and Tables.
Prior Provisions
Provisions similar to those in subsection (e) of this section were contained in [Pub. L. 118–31, div. A, title IX, § 903(b)], Dec. 22, 2023, [137 Stat. 360], which was set out in a note under section 4811 of this title, prior to repeal by [Pub. L. 118–159, div. A, title IX, § 905(b)], Dec. 23, 2024, [138 Stat. 2031].
Amendments
2024—Subsecs. (e), (f). [Pub. L. 118–159, § 905(a)(1)], (2), added subsec. (e) and redesignated former subsec. (e) as (f).
Subsec. (f)(2)(FF), (GG). [Pub. L. 118–159, § 905(a)(3)(A)], added subpars. (FF) and (GG).
Subsec. (f)(5). [Pub. L. 118–159, § 905(a)(3)(B)], added par. (5).
Statutory Notes and Related Subsidiaries
Authority for Temporary Assignment of Employees of the Office of Strategic Capital to Certain Private-Sector Organizations
[Pub. L. 118–159, div. A, title II, § 230], Dec. 23, 2024, [138 Stat. 1836], provided that:“(a)
Authorization.—
Using the authority provided under
section 1599g of title 10, United States Code, the Secretary of Defense, acting through the Director of the Office of Strategic Capital, may carry out a program under which the Director arranges for the temporary assignment of an employee of the Office to a qualifying private-sector organization.
“(b)
Objectives.—
The objectives of the program under subsection (a) shall be—
“(1)
to enable the Office of Strategic Capital to rapidly acquire industry-specific context and technical competence across high priority technology and industrial focus areas through immersion in highly relevant emerging technology and business ecosystems across the United States; and
“(2)
to enhance, among personnel of the Department—
“(A)
understanding of, connectivity with, and access to knowledge about critical and emerging defense industrial base capabilities; and
“(B)
understanding of the strategic role that venture capital and private equity operations have in shaping future sustainment and modernization requirements for the defense industrial base.
“(c)
Matching and Tracking Capabilities.—
In carrying out program under subsection (a), the Director of the Office of Strategic Capital shall—
“(1)
use digital automation and analysis capability to optimize the identification, assessment, and placement of participants within the program, which shall include the ability to match and track private-sector organizations with employees of the Office participating in the program in a manner that aligns the priorities, needs, and expertise of such employees, organizations, and the Office; and
“(2)
establish a database or other digital automation capability that—
“(A)
enables the Office to identify and track current and former participants in the program;
“(B)
documents the nature of the experience such participants had while in the program; and
“(C)
is suitable for potential development and expansion to other organizations of Department of Defense in the event the Secretary of Defense determines such expansion is appropriate.
“(d)
Qualifying Private-sector Organization Defined.—
In this section, the term ‘qualifying private-sector organization’ means a private-sector organization that has functions and expertise relevant to the responsibilities of the Office of Strategic Capital, which may include organization such as a venture capital firm, private equity firm, or other such organizations as determined appropriated by the Director of the Office.”
Establishment of National Security Capital Forum
[Pub. L. 118–159, div. A, title X, § 1092], Dec. 23, 2024, [138 Stat. 2083], provided that:“(a)
In General.—
The Secretary of Defense shall establish a forum to—
“(1)
convene domestic and international institutional financiers, capital providers, investors, entrepreneurs, innovators, business persons, representatives from across the private sector, relevant United States Government offices, and government and private entities of partner nations; and
“(2)
allow the exchange of information between the entities referred to in paragraph (1) and the Department of Defense relating to transactions or potential transactions, in accordance with applicable law, and to integrate efforts to achieve coordinated effects to support the national security interests of the United States.
“(b)
Chair.—
The Chair of the forum established under subsection (a) shall be the Director of the Office of Strategic Capital.
“(c)
Designation of Executive Agent.—
The Secretary may designate the Director as the sole Executive Agent with respect to the authorities and responsibilities of the Secretary of Defense under section 1047 of the National Defense Authorization Act for Fiscal Year 2023 (
[Public Law 117–263];
10 U.S.C. 113 note).
“(d)
Guidance.—
Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Secretary of Defense shall issue guidance on the establishment and operation of the forum established under subsection (a), including regarding the vetting and selection of participants. Such guidance shall include each of the following:
“(1)
A process for due diligence vetting of investment fund participants to exclude funds with significant investments to or from countries of concern.
“(2)
The development of selection criteria for the consideration of a diverse range of investment fund participants, including by fund size, company-size, socio-economic status, and participating investment sectors.
“(3)
Reporting responsibilities for participants to avoid or mitigate potential or perceived conflicts of interest.
“(4)
The development of a process for the recusal or removal of participants.”