SEC. 846. IMPROVING IMPLEMENTATION OF
POLICY PERTAINING TO THE NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
(a) Assessment of Research and Development, Manufacturing, and
Production Capabilities.--
(1) In general.--In developing the strategy
required by section 2501 of title 10, United States Code,
carrying out the program for analysis of the national
technology and industrial base required by section 2503 of
such title, and performing the assessments required under
section 2505 of such title, the Secretary of Defense, in
consultation with the Under Secretary of Defense for
Acquisition and Sustainment and the Under Secretary of
Research and Engineering, shall assess the research and
development, manufacturing, and production capabilities of the
national technology and industrial base (as defined in section
2500 of such title) and other allies and partner countries.
(2) Identification of specific
technologies, companies, laboratories, and factories.--The map
of the industrial base described in section 2504 of title 10,
United States Code, shall highlight specific technologies,
companies, laboratories, and factories of, or located in, the
national technology and industrial base of potential value to
current and future Department of Defense plans and programs.
(b) Policy and Guidance.--
(1) In general.--Section 2440 of title 10,
United States Code is amended--
(A) by amending the section heading to read
as follows: ``National technology and industrial base plans,
policy, and guidance'';
(B) striking ``The Secretary'' and
inserting the following:
``(a) In General.--The Secretary''; and
(C) by adding at the end the following new
subsection:
``(b) Acquisition Policy and Guidance.--The
Secretary of Defense shall develop and promulgate
acquisition policy and guidance to the service acquisition
executives, the heads of the appropriate Defense Agencies
and Department of Defense Field Activities, and relevant
program managers. Such policy and guidance shall be germane
to the use of the research and development, manufacturing,
and production capabilities identified pursuant to chapter
148 of this title and the technologies, companies,
laboratories, and factories in specific Department of
Defense research and development, international cooperative
research, procurement, and sustainment activities.''.
(2) Clerical amendments.--The table of
sections at the beginning of chapter 144 of title 10, United
States Code, is amended by striking the item relating to
section 2440 and inserting the following new item:
``2440. National technology and industrial
base plans, policy, and guidance.''.
(c) Responsibilities of the National
Defense Technology and Industrial Base Council.--Section 2502(c)
of title 10, United States Code, is amended--
(1) in paragraph (2), by striking ``and''
at the end;
(2) in paragraph (3), by striking the
period at the end and inserting ``; and''; and
(3) by adding at the end the following new
paragraph:
``(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) Recommendations for Additional Members
of the National Technology and Industrial Base.--
(1) In general.--The Secretary of Defense,
in consultation with the heads of any relevant Federal
agencies, shall establish a process to consider the inclusion
of additional member countries in the national technology and
industrial base.
(2) Elements.--The process developed under
paragraph (1) shall include an analysis of--
(A) the national security and foreign
policy impacts, costs, and benefits to the United States and
allied countries of the inclusion of any such additional
member countries in the national technology and industrial
base;
(B) the economic impacts, costs, and
benefits to entities within the United States and allied
countries of the inclusion of any such additional member
countries into the national technology and industrial base,
including an assessment of--
(i) specific shortfalls in the
technological and industrial capacities of current member
countries of the national technology and industrial base
that would be addressed by inclusion of such additional
member countries;
(ii) specific areas in the industrial bases
of current member countries of the national technology and
industrial base that would likely be impacted by
additional competition if such additional member countries
were included in the national technology and industrial
base; and
(iii) costs to reconstitute capability
should such capability be lost to competition; and
(C) other factors as determined relevant by
the Secretary.
(3) Concurrence.--For the purposes of the
process developed under paragraph (1), the Secretary of
Defense may recommend the inclusion of an additional member
country in the national technology and industrial base only
with the concurrence of the Secretary of State.
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Improving implementation of policy
pertaining to the national technology and industrial base (sec.
846) The Senate amendment
contained a provision (sec. 803, as amended by sec. 5803) that
would: (1) Require the Secretary of Defense to assess the
research and development, manufacturing, and production
capabilities of national technology and industrial base (NTIB)
members and other friendly nations; (2) Modify section 2350a of
title 10, United States Code, to allow for cooperative research
and development agreements among the NTIB member countries; (3)
Modify section 2502 of title 10, United States Code, to
establish a NTIB regulatory council; and (4) Direct the
Secretary of Defense to establish a process for considering the
inclusion of additional members in the NTIB.
The House bill contained no similar
provision.
The House recedes with an amendment that
would eliminate the sections pertaining to the cooperative
research and development agreements and the regulatory council,
and would
modify the process for considering new NTIB members pertaining
to roles and responsibilities, legislative proposals, and
reporting.
The conferees are concerned that the
National Technology and Industrial Base Council is not convening
regularly, particularly at the level of principals, and strongly
encourage persistent periodic meetings in light of the
significant challenges identified in the Report by the
Interagency Task Force in fulfillment of Executive Order 13806
and the significant additional obstacles as a result of the
COVID-19 pandemic. The conferees therefore direct the Secretary
of Defense to report on the frequency and level at which the
Council convenes, as part of the quarterly briefings required
elsewhere in this Act. The conferees reiterate the direction to
the Secretary of Defense in section 881 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328),
pertaining to reducing the barriers to the seamless integration
among the NTIB, and especially those barriers related to
identification of changes in export control rules, procedures,
and laws that would enhance the civil-military integration
policy objectives set forth in section 2501(b) of title 10,
United States Code.
Senate Committee Report 116-236 to Accompanying S. 4049
Improving implementation of policy
pertaining to the national technology and industrial base (sec.
803)
The committee recommends a provision that would require the
Secretary of Defense, in executing the activities required under
sections 2501, 2502, and 2505 of title 10, United States Code,
to also identify critical National Technology and Industrial
Base (NTIB) member country development and manufacturing
activities and capabilities. The provision would also: modify
section 2502 of title 10, United States Code, to require the
establishment of a regulatory council comprised of the member
countries; modify section 2350a of title 10, United States Code,
to allow for the consummation of cooperative research and
development agreements among the NTIB member countries; and
require the Secretary of Defense to establish a process for
considering additional NTIB member countries, conduct an
assessment on certain countries, and report on that assessment
within 540 days of the date of the enactment of this Act. |
