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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2018 · Sec. 1071

Sec. 1071. ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF THE DEFENSE INDUSTRIAL BASE

692 words·~3 min read·/statute-compilations/comps-13932/sec-1071

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## SEC. 1071 ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF THE DEFENSE INDUSTRIAL BASE **[**[10 U.S.C. 2501 note](/us/usc/t10/s2501)**]** ###
(a)Process ####
(1)In general Not later than 90 days after the date of enactment of this Act, the Secretary of Defense shall establish a process, or designate an existing process, for enhancing the ability of the Department of Defense to analyze, assess, and monitor the vulnerabilities of, and concentration of purchases in, the defense industrial base. ####
(2)Elements The process required by subsection
(a)shall include the following elements: #####
(A)Designation of a senior official responsible for overseeing the development and implementation of the process. #####
(B)Development or integration of tools to support commercial due diligence and business intelligence or to otherwise analyze and monitor commercial activity to understand business relationships affecting the defense industrial base. #####
(C)Development of risk profiles of products, services, or entities based on business intelligence, commercial due diligence tools and data services. #####
(D)As the Secretary determines necessary, integration with intelligence sources to develop threat profiles of entities attempting transactions with a defense industrial base companies. #####
(E)Other matters as the Secretary deems necessary. ####
(3)Notification Not later than 90 days after establishing or designating the process required by subsection (a), the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice in writing that such process has been established or otherwise designated. Such notification shall include the following: #####
(A)Identification of the official required to be designated under paragraph (2)(A). #####
(B)Identification of the tools described in paragraph (2)(B) that are currently available to Department of Defense and any other tools available commercially or otherwise that might contribute to enhancing the analytic capability of the process. #####
(C)Identification of, or recommendations for, any statutory changes needed to improve the effectiveness of the process. #####
(D)Projected resources necessary to purchase any commercially available tools identified under subparagraph
(B)and to carry out any statutory changes identified under subparagraph (C). ###
(b)Reporting ####
(1)Consolidated report on vulnerabilities of, and concentration of purchases in, the defense industrial base #####
(A)Report required For each of fiscal years 2018 through 2023, the Secretary of Defense shall submit to the appropriate congressional committees a consolidated report that combines all of the reports required to be provided to Congress for that fiscal year on the adequacy of, vulnerabilities of, and concentration of purchases in the defense industrial sector. Such consolidated report shall include each of the following: ######
(i)The report required under section 721(m) of the Defense Production Act of 1950 (50 U.S.C. 4565(m)) (relating to concentrations of purchases of the defense industrial base). ######
(ii)The report required under section 723(a) of the Defense Production Act of 1950 (50 U.S.C. 4568(a)) (relating to offsets in defense production). ######
(iii)The report required under section 2504 of title 10, United States Code (relating to annual industrial capabilities). ######
(iv)Any other reports the Secretary determines appropriate. #####
(B)Deadline A consolidated report under subparagraph
(A)shall be submitted by not later than March 31 of the fiscal year following the fiscal year for which the report is submitted. ####
(2)Review of technology protection policy Not later than 270 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the appropriate congressional committees a report describing any need for reforms of policies governing the export of technology or related intellectual property, along with any proposed legislative changes the Secretary believes are necessary. ####
(3)Form of reports Each report submitted under this subsection shall be in unclassified form, but may contain a classified annex. ####
(4)Appropriate congressional committees The term “appropriate congressional committees” means— #####
(A)the Committee on Armed Services, the Committee on Financial Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives; and #####
(B)the Committee on Armed Services, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate.
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Sec. 1071
ENHANCED ANALYTICAL AND MONITORING CAPABILITY OF THE DEFENSE INDUSTRIAL BASE
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