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Code · STATUTE-COMPILATIONS · National Defense Authorization Act for Fiscal Year 2024 · Sec. 918

Sec. 918. TECHNOLOGY RELEASE AND FOREIGN DISCLOSURE REFORM INITIATIVE

873 words·~4 min read·/statute-compilations/comps-17632/sec-918

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## SEC. 918 TECHNOLOGY RELEASE AND FOREIGN DISCLOSURE REFORM INITIATIVE **[**[10 U.S.C. 301 note](/us/usc/t10/s301)**]** ###
(a)Initiative Required ####
(1)In general The Secretary of Defense shall carry out an initiative to reform and improve the policies, processes, and procedures applicable to technology release and foreign disclosure decisions by the Department of Defense. ####
(2)Objectives The objectives of such initiative shall be— #####
(A)to develop recommendations for the continuous improvement of such policies, processes, and procedures within the Department and across other departments and agencies of the Federal Government involved in technology release and foreign disclosure decisions; #####
(B)to increase efficiency and reduce timelines for the processing of such decisions; #####
(C)to standardize, to the extent practicable, processes and information sharing systems applicable to such decisions; and #####
(D)to provide for the continuous exchange of timely and relevant information among— ######
(i)the principal organizations involved in technology release and foreign disclosure decisions; ######
(ii)the broader acquisition and portfolio acquisition executive communities; and ######
(iii)interagency partners of the Department. ####
(3)Method of implementation For purposes of the initiative required under paragraph (1), the Secretary of Defense may— #####
(A)establish a new initiative; #####
(B)modify an existing initiative of the Department of Defense; or #####
(C)carry out the initiative through a combination of the approaches described in subparagraphs
(A)and (B). ###
(b)Metrics ####
(1)In general In conjunction with the initiative required under subsection (a), the Under Secretary of Defense for Policy shall develop metrics for the management of the technology release and foreign disclosure process to provide objective and subjective measures of performance and improve senior leader decision-making in the Department of Defense. ####
(2)Elements The metrics developed under paragraph
(1)shall include— #####
(A)methods for tracking individual technology release and foreign disclosure decisions made by the Defense Technology Security Administration; #####
(B)objectives and deadlines related to the completion of such decisions; and #####
(C)a method of prioritizing among technology release and foreign disclosure requests that takes into account— ######
(i)the importance of the request to the national security of the United States; and ######
(ii)the risks associated with the release or disclosure. ####
(3)Briefing required Not later than June 1, 2024, the Under Secretary of Defense for Policy shall provide to the congressional defense committees a briefing on the metrics developed under paragraph (1). ###
(c)Designation of Points of Contact Not later than 90 days after the date of the enactment of this Act— ####
(1)the Under Secretary of Defense for Policy shall establish or designate— #####
(A)one position within the Office of the Under Secretary to lead the development and oversee the implementation of technology release and foreign disclosure policies for the Department of Defense; and #####
(B)one position within the Office to coordinate information and outreach to relevant stakeholders on relevant Department of Defense technology release and foreign disclosure policies and to respond to inquiries from representatives of the commercial defense industry and partner countries; and ####
(2)each Secretary of a military department shall establish or designate— #####
(A)one position within the department under the jurisdiction of such Secretary to lead the development and oversee the implementation of technology release and foreign disclosure policies for that department; and #####
(B)one position within such department to coordinate information and outreach to relevant stakeholders on relevant Department of Defense technology release and foreign disclosure policies and to respond to inquiries from representatives of the commercial defense industry and partner countries. ###
(d)Report Required ####
(1)In general Not later than December 31, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that includes the following: #####
(A)An assessment of the staffing levels of the organizations specified in paragraph (2). #####
(B)An assessment of the feasibility and advisability of consolidating the functions and organizations of the Department of Defense involved in technology release and foreign disclosure decisions, including the organizations specified in paragraph (2). #####
(C)A review of any statutes and regulations applicable to technology release and foreign disclosure, together with recommendations for any changes to such statutes and regulations. #####
(D)A survey and description of the data and methodology used to assess operational risk, technology risk, and the effects of technology release and foreign disclosure decisions on the defense industrial base. #####
(E)An assessment of the benefits of developing and implementing anticipatory policies for technology release and foreign disclosure that include standardized capability thresholds for countries and geopolitical regions, especially for emerging capabilities for partners and allies of the United States. #####
(F)An assessment of the extent to which the lessons learned from technology release and foreign disclosure decisions made in support of the Ukraine conflict have been applied to broader processes. ####
(2)Organizations specified The organizations specified in this paragraph are— #####
(A)the Defense Technology Security Administration; #####
(B)the Low Observable/Counter Low Observable Tri-Service Committee; #####
(C)the Executive Agent for Anti-Tamper; #####
(D)the Communications Security Review and Advisory Board; and #####
(E)the organizations responsible for technology release and foreign disclosure in each of the military departments.
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Sec. 918
TECHNOLOGY RELEASE AND FOREIGN DISCLOSURE REFORM INITIATIVE
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