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(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 In

dustrial 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.

(4) National defense programs and policies of the Department of Defense and Department of Energy relating to manufacturing technology.

(5) Development of each defense critical technology.

(6) Ensuring that financial policies of the Department of Defense and Department of Energy (for national security programs) are designed to meet the policies set forth in section 2501 of this title.

(7) Encouragement of the effective use of commercial products and processes by the Department of Defense and the Department of Energy for national security programs.

(8) For each plan through fiscal year 1997, national defense programs and policies of the Department of Defense and Department of Energy relating to the transition from economic dependence on defense expenditures of those technology and industrial base sectors and businesses that are at least partially dependent economically on defense expenditures.

(9) Enhancement of the skills and capabilities of the work force in the national technology and industrial base in support of the national security objectives set forth in section 2501(a) of this title.

(10) Enhancement of the effectiveness of the major defense acquisition program regulations prescribed pursuant to section 2430(b) of this title.

(c) LONG-RANGE PLANS.-Each plan through fiscal year 1997 shall include the following:

(1) A long-range plan for technology development and use of model demonstration defense facilities for environmental restoration and waste management.

(2) A long-range plan to develop advanced technology to carry out transportation projects that further the national security objectives set forth in section 2501(a) of this title.

(3) A long-range national security energy technology plan to further the national security objectives of section 2501(a) of this title.

(4) A long-range national defense communications networking plan to further the national security objectives of section 2501(a) of this title.

(d) ACQUISITION REFORM GUIDANCE.-Each plan shall include

(1) recommendations for legislation that the Council considers appropriate for eliminating any adverse effect of Federal law on the capability of the national technology and industrial base to further the national security objectives set forth in section 2501(a) of this title; and

(2) specific guidance to ensure that maximum use is made of authority to waive regulations or conduct test programs in pursuit of such objectives.

(e) ISSUANCE.-(1) The Secretary of Defense shall provide the plan to the Secretaries of the military departments and the heads of the other elements of the Department of Defense not later than the date on which the Secretary provides those officials with the guidance required by section 113(g)(1) of this title.

(2) The Secretary of Defense shall transmit to Congress, not later than March 31 of each year through 1997 and every odd-numbered year thereafter

(A) the plan prepared under this section, including any changes necessary to reflect the budget submitted by the President during that year under section 1105 of title 31; and

(B) the national technology and industrial base periodic assessment prepared pursuant to section 2505 of this title that pertains to such plan and budget.

(3) The plan and assessment shall be submitted to Congress in classified and unclassified forms. Proprietary information that may be withheld from disclosure under section 552 of title 5 shall be provided only in the classified version.

(Added P.L. 102-484, § 4216(a), Oct. 23, 1992, 106 Stat. 2668.)

§ 2507. Data collection authority of President

(a) AUTHORITY.-The President shall be entitled, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in the President's discretion, to the enforcement or the administration of this chapter and the regulations issued under this chapter.

(b) CONDITION FOR USE OF AUTHORITY.-The President shall issue regulations insuring that the authority of this section will be used only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency.

(c) PENALTY FOR NONCOMPLIANCE.-Any person who willfully performs any act prohibited or willfully fails to perform any act required by the provisions of subsection (a), or any rule, regulation, or order thereunder, shall be fined under title 18 or imprisoned not more than one year, or both.

(d) LIMITATIONS ON DISCLOSURE OF INFORMATION.-Information obtained under section (a) which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense. Any person who willfully violates this subsection shall be fined under title 18 or imprisoned not more than one year, or both.

(e) REGULATIONS.-The President may make such rules, regulations, and orders as he considers necessary or appropriate to carry out the provisions of this section. Any regulation or order under this section may be established in such form and manner, may contain such classification and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this section, or to prevent circumvention or evasion, or to facilitate enforcement of this section, or any rule, regulation, or order issued under this section.

(f) DEFINITIONS.-In this section:

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