Sec. 849. ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY
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## SEC. 849 ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY **[**[10 U.S.C. 4811 note](/us/usc/t10/s4811)**]** ###
(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 With respect to items listed in paragraphs
(1)through
(13)of subsection (c), not later than January 15, 2022, and with respect to items listed in paragraphs
(14)through
(19)of such subsection, not later than January 15, 2023, the Secretary of Defense shall submit to the congressional defense committees— #####
(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 With respect to items listed in paragraphs
(1)through
(13)of subsection (c), during the 2022 calendar year, and with respect to items listed in paragraphs
(14)through
(19)of such subsection, during the 2023 calendar year 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: #####
(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. ####
(14)Beef products. ####
(15)Molybdenum and molybdenum alloys. ####
(16)Optical transmission equipment, including optical fiber and cable equipment. ####
(17)Armor on tactical ground vehicles. ####
(18)Graphite processing. ####
(19)Advanced AC–DC power converters.
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Sec. 849
ANALYSES OF CERTAIN ACTIVITIES FOR ACTION TO ADDRESS SOURCING AND INDUSTRIAL CAPACITY
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