10 U.S. Code § 2504 - National technology and industrial base: annual report and quarterly briefings

(a) Annual Report.—The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives by March 1 of each year a report which shall include the following information:
(1)
A description of the departmental guidance prepared pursuant to section 2506 of this title.
(2)
A description of the assessments prepared pursuant to section 2505 of this title and other analyses used in developing the budget submission of the Department of Defense for the next fiscal year.
(3) Based on the strategy required by section 2501 of this title and on the assessments prepared pursuant to Executive order or section 2505 of this title
(A)
a map of the industrial base;
(B) a prioritized list of gaps or vulnerabilities in the national technology and industrial base, including—
(i)
a description of mitigation strategies necessary to address such gaps or vulnerabilities;
(ii)
the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and
(iii)
a proposed timeline for action to address such gaps or vulnerabilities; and
(C)
any other steps necessary to foster and safeguard the national technology and industrial base.
(4)
Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.
(5) A detailed description of any use by the Secretary of Defense or a Secretary concerned, as applicable, during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or subchapter V of chapter 148 of this title, including—
(A)
the type of waiver or exception used; and
(B)
the reasoning for the use of each such waiver or exception.
(b) Quarterly Briefings.—
(1)
The Secretary of Defense shall ensure that the congressional defense committees receive quarterly briefings on the industrial base supporting the Department of Defense, describing challenges, gaps, and vulnerabilities in the defense industrial base and commercial sector relevant to execution of defense missions, and describing initiatives to address such challenges.
(2) Each briefing under paragraph (1) shall include an update on the progress of addressing such gaps or vulnerabilities by the Secretary, the Secretary of the military department concerned, or the appropriate head of a Defense Agency, including an update on—
(A)
actions taken to address such gaps or vulnerabilities;
(B)
policy changes necessary to address such gaps or vulnerabilities; and
(C)
the proposed timeline for action and resources required to address such gaps or vulnerabilities.
Renumbering of Section

Pub. L. 116–283, div. A, title XVIII, §§ 1801(d), 1867(b), Jan. 1, 2021, 134 Stat. 4151, 4281, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is renumbered section 4814 of this title. See Effective Date of 2021 Amendment note below.

Prior Provisions

A prior section 2504, added Pub. L. 102–484, div. D, title XLII, § 4214(a), Oct. 23, 1992, 106 Stat. 2666, established Center for Study of Defense Economic Adjustment, prior to repeal by Pub. L. 103–160, div. A, title XIII, § 1312(a)(1), Nov. 30, 1993, 107 Stat. 1786.

Another prior section 2504 was renumbered section 2531 of this title.

Amendments

2021—Pub. L. 116–283, § 842(b)(1), amended section catchline generally, substituting “National technology and industrial base: annual report and quarterly briefings” for “Annual report to Congress”.

Subsec. (a). Pub. L. 116–283, § 842(a)(1), designated existing provisions as subsec. (a) and inserted heading.

Subsec. (a)(5). Pub. L. 116–283, § 842(a)(2), added par. (5).

Subsec. (b). Pub. L. 116–283, § 842(a)(3), added subsec. (b).

2019—Par. (3). Pub. L. 116–92, § 846(b)(1), inserted “Executive order or” after “pursuant to”.

Par. (3)(A). Pub. L. 116–92, § 846(b)(2), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “a description of any mitigation strategies necessary to address any gaps or vulnerabilities in the national technology and industrial base; and”.

Par. (3)(B), (C). Pub. L. 116–92, § 846(b)(3), (4), added subpar. (B) and redesignated former subpar. (B) as (C).

2013—Pars. (2), (3). Pub. L. 112–239 added par. (3), redesignated former par. (3) as (2) and struck out former par. (2) which read as follows: “A description of the methods and analyses being undertaken by the Department of Defense alone or in cooperation with other Federal agencies, to identify and address concerns regarding technological and industrial capabilities of the national technology and industrial base.

1999—Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security” in introductory provisions.

Effective Date of 2021 Amendment

Amendment by section 1867(b) 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.

Termination of Reporting Requirements

For termination, effective Dec. 31, 2021, of provisions of this section requiring submittal of annual report to Congress, see section 1061 of Pub. L. 114–328, set out as a note under section 111 of this title.

Strategy For Securing the Defense Supply Chain and Industrial Base

Pub. L. 112–81, div. A, title VIII, § 852, Dec. 31, 2011, 125 Stat. 1517, as amended by Pub. L. 112–239, div. A, title XVI, § 1603(d), Jan. 2, 2013, 126 Stat. 2063, which required a report on the sector-by-sector, tier-by-tier assessment of the industrial base undertaken by the Department of Defense, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(55), Aug. 13, 2018, 132 Stat. 1850.