10 U.S.C. § 4811 (ARMED FORCES)
§ 4811. National security strategy for national technology and industrial base
(a) National Security Strategy for National Technology and Industrial Base.—
The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress not later than 180 days after the date of submission of the national security strategy report required under section 108 of the National Security Act of 1947 (50 U.S.C. 3043). Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives:
(1) Supplying, equipping, and supporting 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. 3043);
(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, logistics, and other activities in support of 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, produce, and support 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.
(5) Providing for the development, manufacture, and supply of items and technologies critical to the production and sustainment of advanced military weapon systems within the national technology and industrial base.
(6) Providing for the generation of services capabilities that are not core functions of the armed forces and that are critical to military operations within the national technology and industrial base.
(7) Providing for the development, production, and integration of information technology within the national technology and industrial base.
(8) Maintaining critical design skills to ensure that the armed forces are provided with systems capable of ensuring technological superiority over potential adversaries.
(9) Ensuring reliable sources of materials that are critical to national security, such as specialty metals, essential minerals, armor plate, and rare earth elements.
(10) Reducing, to the maximum extent practicable, the presence of counterfeit parts in the supply chain and the risk associated with such parts.
(11) Providing for the provision of drugs, biological products, vaccines, and critical medical supplies required to enable combat readiness and protect the health of the armed forces.
(b) Civil-Military Integration Policy.—
The Secretary of Defense shall ensure that the United States attains 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.
(c) Department of Defense Technology and Industrial Base Policy Guidance.—
(1) Departmental Guidance.—
The Secretary of Defense shall prescribe departmental guidance for the attainment of each of the national security objectives set forth in subsection (a).
(2) Purpose of Guidance.—
The guidance prescribed pursuant to paragraph (1) shall provide for technological and industrial capability considerations to be integrated into the strategy, management, budget allocation, acquisition, and logistics support decision processes.
(Added Pub. L. 102–484, div. D, title XLII, § 4211, Oct. 23, 1992, 106 Stat. 2662, § 2501; amended Pub. L. 103–35, title II, § 201(c)(7), May 31, 1993, 107 Stat. 98; Pub. L. 103–160, div. A, title XI, § 1182(a)(10), title XIII, § 1313, Nov. 30, 1993, 107 Stat. 1771, 1786; Pub. L. 104–106, div. A, title X, § 1081(a), Feb. 10, 1996, 110 Stat. 452; Pub. L. 104–201, div. A, title VIII, § 829(a), Sept. 23, 1996, 110 Stat. 2612; Pub. L. 111–23, title III, § 303(a), May 22, 2009, 123 Stat. 1731; Pub. L. 111–383, div. A, title VIII, § 895(b), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 112–239, div. A, title XVI, § 1603(a)(1), Jan. 2, 2013, 126 Stat. 2062; Pub. L. 113–291, div. A, title X, § 1071(c)(2), Dec. 19, 2014, 128 Stat. 3508; Pub. L. 114–328, div. A, title VIII, § 882, Dec. 23, 2016, 130 Stat. 2316; Pub. L. 116–92, div. A, title VIII, § 846(a), Dec. 20, 2019, 133 Stat. 1503; renumbered § 4811 and amended Pub. L. 116–283, div. A, title VII, § 713(a), title XVIII, § 1867(b), (c)(1), Jan. 1, 2021, 134 Stat. 3692, 4281.)
heading: Effective Date of 2021 Amendment
text: Amendment by section 1867(b), (c)(1) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
heading: National Security Innovation Partnerships
text: Pub. L. 116–283, div. A, title II, § 219, Jan. 1, 2021, 134 Stat. 3463, provided that:
“(a) Establishment.—
The Secretary of Defense shall establish an activity—
“(1) to support partnerships between the Department of Defense and academic institutions, private sector firms in defense and commercial sectors, commercial accelerators and incubators, commercial innovation hubs, public sector organizations, and nonprofit entities with missions relating to national security innovation;
“(2) to expand the national security innovation base, including through engagement with academia, defense industry, commercial industry, government organizations, and the venture capital community;
“(3) to accelerate the transition of technologies and services into acquisition programs and operational use;
“(4) to work in coordination with the Under Secretary of Defense for Personnel and Readiness, other organizations within the Office of the Secretary, and the Armed Forces to create new pathways and models of national security service that facilitate employment within the Department;
“(5) to facilitate engagement with entities described in paragraph (1) for the purpose of developing solutions to national security and defense problems articulated by entities within the Department, including through programs such as the Hacking for Defense program;
“(6) to establish physical locations throughout the United States to support partnerships with academic, government, and private sector industry partners; and
“(7) to enhance the capabilities of the Department in market research, industrial and technology base awareness, source selection, partnerships with private sector capital, and access to commercial technologies.
“(b) Authorities.—
In addition to the authorities provided under this section, in carrying out this section, the Secretary of Defense may use the following authorities:
“(1) Section 1599g of title 10, United States Code, relating to public-private talent exchanges.
“(2) Section 2368 of title 10, United States Code, relating to Centers for Science, Technology, and Engineering Partnerships.
“(3) Section 2374a of title 10, United States Code, relating to prizes for advanced technology achievements.
“(4) Section 2474 of title 10, United States Code, relating to Centers of Industrial and Technical Excellence.
“(5) Section 2521 of title 10, United States Code, relating to the Manufacturing Technology Program.
“(6) Subchapter VI of chapter 33 of title 5, United States Code, relating to assignments to and from States.
“(7) Chapter 47 of title 5, United States Code, relating to personnel research programs and demonstration projects.
“(8) Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31, United States Code, relating to cooperative research and development agreements.
“(9) Such other authorities as the Secretary considers appropriate.
“(c) Implementation.—
“(1) Support from other department of defense organizations.—
The Secretary of Defense may direct other organizations and elements of the Department of Defense to provide personnel, resources, and other support to the activity established under this section, as the Secretary determines appropriate.
“(2) Implementation plan.—
“(A) In general.—
Not later than one year after the date of the enactment of this Act [Jan. 1, 2021], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a plan for implementing the activity established under this section.
“(B) Elements.—
The plan required under subparagraph (A) shall include the following:
“(i) Plans that describe any support that will be provided for the activity by other organizations and elements of the Department of Defense under paragraph (1).
“(ii) Plans for the implementation of the activity, including plans for—
“(I) future funding and administrative support of the activity;
“(II) integration of the activity into the programming, planning, budgeting, and execution process of the Department of Defense;
“(III) integration of the activity with the other programs and initiatives within the Department that have missions relating to innovation and outreach to the academic and the private sector ; and
“(IV) performance indicators by which the activity will be assessed and evaluated.
“(iii) A description of any additional authorities the Secretary may require to effectively carry out the responsibilities under this section.”
heading: Assessment of Research and Development, Manufacturing, and Production Capabilities
text: Pub. L. 116–283, div. A, title VIII, § 846(a), Jan. 1, 2021, 134 Stat. 3767, provided that:
“(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.”
heading: Recommendations for Additional Members of the National Technology and Industrial Base
text: Pub. L. 116–283, div. A, title VIII, § 846(d), Jan. 1, 2021, 134 Stat. 3768, provided that:
“(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.”
heading: Supply of Strategic and Critical Materials for the Department of Defense
text: Pub. L. 116–283, div. A, title VIII, § 848, Jan. 1, 2021, 134 Stat. 3769, provided that:
“(a) Preference for Sourcing From the National Technology and Industrial Base.—
The Secretary of Defense shall, to the maximum extent practicable, acquire strategic and critical materials required to meet the defense, industrial, and essential civilian needs of the United States in the following order of preference:
“(1) From sources located within the United States.
“(2) From sources located within the national technology and industrial base (as defined in section 2500 of title 10, United States Code).
“(3) From other sources as appropriate.
“(b) Statement of Policy.—
“(1) In general.—
The Secretary of Defense shall pursue the following goals:
“(A) Not later than January 1, 2035, ensuring access to secure sources of supply for strategic and critical materials that will—
“(i) fully meet the demands of the domestic defense industrial base;
“(ii) eliminate the dependence of the United States on potentially vulnerable sources of supply for strategic and critical materials; and
“(iii) ensure that the Department of Defense is not reliant upon potentially vulnerable sources of supply for the processing or manufacturing of any strategic and critical materials deemed essential to national security by the Secretary of Defense.
“(B) Provide incentives for the defense industrial base to develop robust processing and manufacturing capabilities in the United States to refine strategic and critical materials for Department of Defense purposes.
“(C) Maintain secure sources of supply for strategic and critical materials required to maintain current military requirements in the event that international supply chains are disrupted.
“(2) Methods.—
The Secretary of Defense shall achieve the goals described in paragraph (1) through—
“(A) the development of guidance in consultation with appropriate officials of the Department of State, the Joint Staff, and the Secretaries of the military departments;
“(B) the continued and expanded use of existing programs, such as the National Defense Stockpile;
“(C) the continued use of authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.); and
“(D) other methods, as the Secretary of Defense deems appropriate.”
heading: Analyses of Certain Activities for Action to Address Sourcing and Industrial Capacity
text: Pub. L. 116–283, div. A, title VIII, § 849, Jan. 1, 2021, 134 Stat. 3770, provided that:
“(a) Analysis Required.—
“(1) In general.—
The Secretary of Defense, acting through the Undersecretary of Defense for Acquisition and Sustainment and other appropriate officials, shall review the items under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under chapter 148 of title 10, United States Code, chapter 83 of title 41, United States Code, and the Defense Production Act of 1950 (50 U.S.C. 4501 et seq.), including—
“(A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to—
“(i) suppliers in the United States;
“(ii) suppliers in the national technology and industrial base (as defined in section 2500 of title 10, United States Code);
“(iii) suppliers in other allied nations; or
“(iv) other suppliers;
“(B) increasing investment through use of research and development or procurement activities and acquisition authorities to—
“(i) expand production capacity;
“(ii) diversify sources of supply; or
“(iii) promote alternative approaches for addressing military requirements;
“(C) prohibiting procurement from selected sources or nations;
“(D) taking a combination of actions described under subparagraphs (A),(B), and (C); or
“(E) taking no action.
“(2) Considerations.—
The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services.
“(b) Reporting on Analyses, Recommendations, and Actions.—
“(1) Interim brief.—
Not later than January 15, 2022, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives]—
“(A) a summary of the findings of the analyses undertaken for each item pursuant to subsection (a);
“(B) relevant recommendations resulting from the analyses; and
“(C) descriptions of specific activities undertaken as a result of the analyses, including schedule and resources allocated for any planned actions.
“(2) Reporting.—
The Secretary of Defense shall include the analyses conducted under subsection (a), and any relevant recommendations and descriptions of activities resulting from such analyses, as appropriate, in each of the following submitted during the 2022 calendar year:
“(A) The annual report to Congress required under section 2504 of title 10, United States Code.
“(B) The annual report on unfunded priorities of the national technology and industrial base required under section 2504a of such title.
“(C) Department of Defense technology and industrial base policy guidance prescribed under section 2506 of such title.
“(D) Activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 2509 of such title.
“(E) Defense memoranda of understanding and related agreements considered in accordance with section 2531 of such title.
“(F) Industrial base or acquisition policy changes.
“(G) Legislative proposals for changes to relevant statutes which the Department shall consider, develop, and submit to the Committees on Armed Services of the Senate and House of Representatives not less frequently than once per fiscal year.
“(H) Quarterly briefings on the national technology and industrial base required under section 2504 of such title, as amended by section 842 of this Act.
“(I) Other actions as the Secretary of Defense determines appropriate.
“(c) List of High Priority Goods and Services for Analyses, Recommendations, and Actions.—
The items described in this subsection are the following:
“(1) Goods and services covered under existing restrictions, where a waiver, exception, or domestic non-availability determination has been applied.
“(2) Printed circuit boards and other electronics components, consistent with the requirements of other provisions of this Act.
“(3) Pharmaceuticals, including active pharmaceutical ingredients.
“(4) Medical devices.
“(5) Therapeutics.
“(6) Vaccines.
“(7) Diagnostic medical equipment and consumables, including reagents and swabs.
“(8) Ventilators and related products.
“(9) Personal protective equipment.
“(10) Strategic and critical materials, including rare earth materials.
“(11) Natural or synthetic graphite.
“(12) Coal-based rayon carbon fibers.
“(13) Aluminum and aluminum alloys.”