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Code · BILL · 116th Congress · H.R. 6395 (EAS) — 116 HR 6395 EAS: National Defense Authorization Act for Fiscal Year 2021 · Sec. 806

Sec. 806. Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity

369 words·~2 min read·/bill/116/hr/6395/eas/section-806

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The Secretary of Defense, acting through the Undersecretary for Acquisition and Sustainment and other appropriate officials, shall review the materials, processes, and technology sectors 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, including— restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to— suppliers in the United States; suppliers in the national technology and industrial base (as defined in section 2500(1) of title 10, United States Code); suppliers in other allied nations; or other suppliers; increasing investment to expand capacity or diversifying sources of supply or alternative approaches to addressing military requirements, through use of research and development or procurement activities and acquisition authorities; taking a combination of actions described under subparagraphs
(A)and (B); or taking no actions, restrictions, or additional investment. 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. The analyses conducted pursuant to subsection
(a)shall be used to inform policy, agreements, guidance and reporting requirements under chapter 148 of title 10, United States Code, including— the annual report to Congress required under section 2504 of such title; the annual report on unfunded priorities of the national technology and industrial base required under section 2504a of such title; Department of Defense technology and industrial base policy guidance prescribed under section 2506 of such title; activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 2509 of such title; defense memoranda of understanding and related agreements considered in accordance with section 2531 of such title; other requirements as appropriate. The Secretary of Defense shall prioritize undertaking analyses and making recommendations under this section for the following goods and services: Goods and services covered under existing restrictions, where a domestic non-availability determination has been made. Critical technologies identified in the National Defense Strategy. Technologies and sectors identified in reports required regarding the defense industrial base. Microelectronics. Printed circuit boards and other electronics components. Pharmaceuticals. Medical devices. Personal protective equipment. Rare earth materials. Synthetic graphite. Coal-based rayon carbon fibers. Aluminum.
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