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§ 2501. Congressional defense policy concerning national technology and industrial base, reinvestment, and conversion

(a) DEFENSE POLICY OBJECTIVES FOR NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.-It is the policy of Congress that the national technology and industrial base be capable of meeting the following national security objectives:

(1) Supplying and equipping the force structure of the armed forces that is necessary to achieve

(A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 (50 U.S.C. 404a);

(B) the policy guidance of the Secretary of Defense provided pursuant to section 113(g) of this title; and

(C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to section 221 of this title.

(2) Sustaining production, maintenance, repair, and logistics for military operations of various durations and intensity. (3) Maintaining advanced research and development activities to provide the armed forces with systems capable of ensuring technological superiority over potential adversaries.

(4) Reconstituting within a reasonable period the capability to develop and produce supplies and equipment, including technologically advanced systems, in sufficient quantities to prepare fully for a war, national emergency, or mobilization of the armed forces before the commencement of that war, national emergency, or mobilization.

2 For related provisions with respect to armament retooling and manufacturing, see the Armament Retooling and Manufacturing Support Act of 1992 (subtitle H of P.L. 102-484; 106 Stat. 2347), as amended by section 1141 of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103-337; 108 Stat. 2879).

For related provisions with respect to the shipbuilding industry, see the National Shipbuilding and Shipyard Conversion Act of 1993 (subtitle D of title XIII of P.L. 103–160; 107 Stat. 1809).

8 Section 4218 of the National Defense Authorization Act for Fiscal Year 1993 (P.L. 102-484; 106 Stat. 2671), as amended by section 1141 of the National Defense Authorization Act for Fiscal Year 1995 (P.L. 103–337; 108 Stat. 2879) provides:

SEC. 4218. IMPLEMENTATION OF REQUIREMENTS FOR ASSESSMENT, PLANNING, AND ANALYSIS.

(a) REGULATIONS.-Not later than 90 days after the date of the enactment of this Act (Oct. 23, 1992), the Secretary of Defense shall prescribe regulations, including milestones for actions, to ensure the timely and thorough collection of information, completion of assessments, and issuance of plans to be accomplished by the Secretary of Defense that are required by the provisions of subchapter II of chapter 148. Such regulations shall be prescribed in consultation with the other heads of departments comprising the National Defense Technology and Industrial Base Council.

(b) [Omitted]

(c) TEXTILES.-The periodic national technology and industrial base assessment submitted to Congress pursuant to section 2506(e) of title 10, United States Code, shall include, through 1995, a specific assessment of the capability of the domestic textile and apparel industrial base of the United States to support national defense mobilization requirements. Each such assessment shall include the following:

(1) An identification of textile and apparel mobilization requirements of the Department of Defense that cannot be satisfied on a timely basis by domestic industries.

(2) An assessment of the effect that any inadequacy in the textile and apparel industrial base would have on a mobilization.

(3) Recommendations for ways to alleviate any such inadequacy that the Secretary consid ers critical to national defense mobilization requirements.

(5) Furthering the missions of the Department of Defense through the support of policy objectives and programs relating to the defense reinvestment, diversification, and conversion objectives specified in subsection (b).

(b) POLICY OBJECTIVES RELATING TO DEFENSE REINVESTMENT, DIVERSIFICATION, AND CONVERSION.-It is the policy of Congress that, during a period of reduction in defense expenditures, the United States further the national security objectives set forth in subsection (a) through programs of reinvestment, diversification, and conversion of defense resources that

(1) promote economic growth in high-wage, high-technology industries and preserve the industrial and technical skill base;

(2) promote economic growth through further reduction of the Federal budget deficit that, by reducing the public sector demand for capital, increases the amount of capital available for private investment and job creation in the civilian sector; (3) bolster the national technology base, including support and exploitation of critical technologies with both military and civilian application;

(4) support retraining of separated military, defense civilian, and defense industrial personnel for jobs in activities important to national economic growth and security;

(5) assist those activities being undertaken at the State and local levels to support defense economic reinvestment, conversion, adjustment, and diversification activities; and

(6) assist small businesses adversely affected by reductions in defense expenditures.

(c) CIVIL-MILITARY INTEGRATION POLICY.-It is the policy of Congress that the United States attain the national technology and industrial base objectives set forth in subsection (a) through acquisition policy reforms that have the following objectives:

(1) Relying, to the maximum extent practicable, upon the commercial national technology and industrial base that is required to meet the national security needs of the United States.

(2) Reducing the reliance of the Department of Defense on technology and industrial base sectors that are economically dependent on Department of Defense business.

(3) Reducing Federal Government barriers to the use of commercial products, processes, and standards.

(Added P.L. 102-484, §4211, Oct. 23, 1992, 106 Stat. 2662, and amended P.L. 103-35, 201(c)(7), May 31, 1993, 107 Stat. 98; P.L. 103–160, §§ 1182(a)(10), 1313, Nov. 30, 1993, 107 Stat. 1771, 1786.)

§ 2502. 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 of Defense, who shall serve as chairman. (2) The Secretary of Energy.

(3) The Secretary of Commerce.
(4) The Secretary of Labor.

(5) Such other officials as may be determined by the President. (c) RESPONSIBILITIES.-The Council shall have the following responsibilities:

(1) To ensure effective cooperation among departments and agencies of the Federal Government, and to provide advice and recommendations to the President, the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor, concerning

(A) the capabilities of the national technology and industrial base to meet the national security objectives set forth in section 2501(a) of this title;

(B) 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

(C) changes in acquisition policy that strengthen the national technology and industrial base.

(2) 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.

(3) To prepare the periodic assessment and the periodic plan required by sections 2505 and 2506 of this title, respectively.

(d) ALTERNATIVE PERFORMANCE OF RESPONSIBILITIES.—Notwithstanding subsection (c), the President may assign the responsibilities of the Council to another interagency organization of the executive branch that includes among its members the officials specified in paragraphs (1) through (4) of subsection (b).

(Added P.L. 102-484, §4212(a), Oct. 23, 1992, 106 Stat. 2664, and amended P.L. 103-160, § 1312(b), Nov. 30, 1993, 107 Stat. 1786; P.L. 103–337, 1070(a)(12), Oct. 5, 1994, 108 Stat. 2856.)

§ 2503. National defense program for analysis of the technology and industrial base

(a) ESTABLISHMENT.-(1) The Secretary of Defense, in consultation with the National Defense Technology and Industrial Base Council, shall establish a program for analysis of the national technology and industrial base.

(2) As determined by the Secretary of Defense, the program shall be administered by one of the following:

(A) An existing federally funded research and development center.

(B) A consortium of existing federally funded research and development centers and other nonprofit entities.

(C) A private sector entity (other than a federally funded research and development center).

(D) The National Defense University.

(3) A contract may be awarded under subparagraph (A), (B), or (C) of paragraph (2) only through the use of competitive procedures.

(4) The Secretary of Defense shall ensure that there is appropriate coordination between the program and the Critical Technologies Institute.

(b) SUPERVISION OF PROGRAM.-The Secretary of Defense shall carry out the program through the Under Secretary of Defense for Acquisition. In carrying out the program, the Under Secretary shall consult with the Secretary of Energy, the Secretary of Commerce, and the Secretary of Labor.

(c) FUNCTIONS.-The functions of the program shall include, with respect to the national technology and industrial base, the following:

(1) The assembly of timely and authoritative information. (2) Initiation of studies and analyses.

(3) Provision of technical support and assistance to

(A) the National Defense Technology and Industrial Base Council in the preparation of the periodic assessments required by section 2505 of this title and the periodic plans required by section 2506 of this title;

(B) the defense acquisition university structure and its elements; and

(C) other departments and agencies of the Federal Government in accordance with guidance established by the Council.

(4) Dissemination, through the National Technical Information Service of the Department of Commerce, of unclassified information and assessments for further dissemination within the Federal Government and to the private sector.

(Added P.L. 102–484, § 4213(a), Oct. 23, 1992, 106 Stat. 2665.)

[§ 2504. Repealed. P.L. 103-160, § 1312(a)(1), Nov. 30, 1993, 107 Stat. 1786]

§ 2505. National technology and industrial base: periodic defense capability assessments 4

(a) COMPREHENSIVE ASSESSMENT.-The National Defense Technology and Industrial Base Council shall, on a regular and periodic basis and not less often than annually through fiscal year 1997 and biennially thereafter, prepare a comprehensive assessment of the capability of the national technology and industrial base to attain each of the national security objectives set forth in section 2501(a) of this title.

(b) TECHNOLOGY AND INDUSTRIAL BASE SECTOR CAPABILITY ANALYSIS.-Each assessment under subsection (a) shall include the following:

(1) An analysis of the role, capability, and continued economic viability of those technology and industrial base sectors that are critical to attaining each of the objectives set forth in section 2501(a) of this title.

(2) An analysis of the present and projected financial condition of each technology and industrial base sector.

(3) An analysis of the impact of the terminations and significant reductions of major research and development pro

For a provision relating to regulations implementing section 2505, see section 4219 of Public Law 102-484, set forth beginning on page 374.

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grams and procurement programs of the Department of Defense on the capability of those technology and industrial base sectors that are critical to attaining each of the national security objectives set forth in section 2501(a) of this title during a period of reduction in defense expenditures.

(4) A critical technology analysis that identifies the product and process technologies that are most critical for attaining the national security objectives set forth in section 2501(a) of this title.

(c) FOREIGN DEPENDENCY CONSIDERATIONS.-In the preparation of the periodic assessment, the Council shall include considerations of foreign dependency.

(d) ISSUANCE.-The Secretary of Defense shall prescribe by regulation a schedule for the completion of the periodic assessment that ensures sufficient time for the consideration of the assessment in the preparation of the periodic national technology and industrial base plan required by section 2506 of this title.

(Added P.L. 102-484, §4215, Oct. 23, 1992, 106 Stat. 2667, and amended P.L. 103-35, §201(g)(7), May 31, 1993, 107 Stat. 100.)

§ 2506. National technology and industrial base: periodic defense capability plan 5

(a) IN GENERAL.-The National Defense Technology and Industrial Base Council shall prepare annually through fiscal year 1997 and biennially thereafter a multiyear plan for ensuring, to the maximum extent practicable, that the policies and programs of the Department of Defense, the Department of Energy, and other departments and agencies of the Federal Government are planned, coordinated, funded, and implemented in a manner designed to attain each of the national security objectives set forth in section 2501(a) of this title. In preparing each plan, the Council shall take into account the most recent national technology and industrial base assessment prepared pursuant to section 2505 of this title.

(b) PROGRAM GUIDANCE TO BE INCLUDED IN PLAN.-Each plan under subsection (a) shall also provide specific guidance (including goals, milestones, and priorities) for the following:

(1) National defense programs and policies of the Department of Defense and Department of Energy that are necessary to ensure the continued viability of each technology and industrial base sector that is necessary to support the objectives stated in section 2501(a) of this title.

(2) National defense programs and policies of the Department of Defense and Department of Energy that are necessary in each such sector

(A) to reduce dependence on foreign sources that could create a military vulnerability; and

(B) to provide for alternative sources in the event that the foreign sources become unavailable.

(3) The composition and management of the Defense Industrial Reserve under section 2535 of this title.

For a provision relating to regulations implementing section 2506, see section 4220 of Public Law 102-484, set forth beginning on page 378.

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