Sec. 902. Assistant Secretary of Defense for Industrial Base Policy
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Section 138 of title 10, United States Code, is amended— in subsection (a)(1), by striking 13 and inserting 14 ; and in subsection (b), by adding at the end the following new paragraph: One of the Assistant Secretaries is the Assistant Secretary of Defense for Industrial Base Policy. In addition to any duties and powers prescribed under paragraph (1), the Assistant Secretary of Defense for Industrial Base Policy shall have the duties described in section 139c of this title. .
Chapter 4 of subtitle A of title 10, United States Code, is amended by inserting after section 139b the following new section: The Assistant Secretary of Defense for Industrial Base Policy shall report to the Under Secretary of Defense for Acquisition and Sustainment. The Assistant Secretary of Defense for Industrial Base Policy shall be the head of the Office of Defense Industrial Base Policy and shall serve as the principal advisor to the Under Secretary of Defense for Acquisition and Sustainment in the performance of the Under Secretary’s duties relating to the following:
Providing input to strategy reviews on matters related to— the defense industrial base; and materials critical to national security (as defined in section 187(e)(1) of this title). Establishing policies of the Department of Defense for developing and maintaining the defense industrial base of the United States and ensuring a secure supply of materials critical to national security. Providing recommendations on budget matters pertaining to the defense industrial base, the supply chain, and the development and retention of skills necessary to support the defense industrial base.
Providing recommendations and acquisition policy guidance on defense supply chain management and supply chain vulnerability throughout the entire defense supply chain, from suppliers of raw materials to producers of major end items. Establishing the national security objectives concerning the national technology and industrial base required under section 2501 of this title. Executing the national defense program for analysis of the national technology and industrial base required under section 2503 of this title.
Performing the national technology and industrial base periodic defense capability assessments required under section 2505 of this title. Establishing the technology and industrial base policy guidance required under section 2506 of this title. Providing policy and oversight of matters related to materials critical to national security to ensure a secure supply of such materials to the Department of Defense. Carrying out the activities of the Department of Defense relating to the Defense Production Act Committee established under section 722 of the Defense Production Act of 1950 ( 50 U.S.C.
App. 2171 ). Consistent with section 2(b) of the Defense Production Act of 1950 ( 50 U.S.C. App. 2062(b) ), executing other applicable authorities provided under the Defense Production Act of 1950 ( 50 U.S.C. App. 2061 et seq.), including authorities under titles I and III of such Act. Establishing Department of Defense policies related to international defense technology security and export control issues. Establishing policies related to industrial independent research and development programs under section 2372 of this title.
Coordinating with the Director of Small Business Programs on all matters related to industrial base policy of the Department of Defense. Ensuring reliable sources of materials critical to national security, such as specialty metals, armor plate, and rare earth elements. Establishing policies of the Department of Defense for continued reliable resource availability from secure sources for the defense industrial base of the United States. Establishing policies related to a procurement technical assistance program funded under this chapter 142 of this title.
Such other duties as are assigned by the Under Secretary. Nothing in this section shall be construed to modify the authorities or responsibilities of any officer or employee of the United States under the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq.), including those authorities and responsibilities specified in Department of Defense Directive 4400.01E (or any successor directive). In addition, nothing in subsection (b)(9) shall be construed to limit the authority or modify the policies of the Committee on Foreign Investment in the United States established under section 721(k) of such Act ( 50 U.S.C. 4565(k) ). .
The table of contents for chapter 4 of subtitle A of title 10, United States Code, is amended by inserting after the item relating to section 139b the following new item: 139c. Assistant Secretary of Defense for Industrial Base Policy. . The Deputy Assistant Secretary of Defense for Industrial Policy shall be the individual serving as the Assistant Secretary of Defense for Industrial Base Policy (as established under section 139c(a) of title 10, United States Code, as added by subsection (a)) until the President has appointed an individual to serve as Assistant Secretary of Defense for Industrial Base Policy pursuant to section 138 of title 10, United States Code.
Not later than 180 days after the date of the enactment of this Act, all functions that, immediately before such date of enactment, were functions of the Office of Industrial Policy of the Department of Defense shall be transferred to the Office of Defense Industrial Base Policy. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred under paragraph
(1)shall be available to the Office of Defense Industrial Base Policy at such time or times as the President directs for use in connection with the functions transferred. The Office of Industrial Policy of the Department of Defense shall terminate on the earlier of— the effective date of the transfers under paragraph (1); or 180 days after the date of the enactment of this Act.
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