§ 4814. National technology and industrial base: biennial report

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The Secretary of Defense shall transmit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives by March 1 of each odd-numbered year a report which shall include the following information:

(1)A description of the departmental guidance prepared pursuant to section 4811(c) of this title.

(2)A description of the assessments prepared pursuant to section 4816 of this title and other analyses used in developing the budget submission of the Department of Defense for the next fiscal year.

(3)Based on the strategy required by section 4811 of this title and on the assessments prepared pursuant to Executive order or section 4816 of this title—

(A)a map of the industrial base;

(B)a prioritized list of gaps or vulnerabilities in the national technology and industrial base (including vulnerabilities related to the current and projected impacts of extreme weather and to cyber attacks or disruptions), including—

(i)a description of mitigation strategies necessary to address such gaps or vulnerabilities;

(ii)the identification of the Secretary concerned or the head of the Defense Agency responsible for addressing such gaps or vulnerabilities; and

(iii)a proposed timeline for action to address such gaps or vulnerabilities; and

(C)any other steps necessary to foster and safeguard the national technology and industrial base.

(4)Identification of each program designed to sustain specific essential technological and industrial capabilities and processes of the national technology and industrial base.

(5)A detailed description of any use by the Secretary of Defense or a Secretary concerned, as applicable, during the prior 12 months of a waiver or exception to the sourcing requirements or prohibitions established by chapter 83 of title 41 or chapter 385 of this title, including—

(A)the type of waiver or exception used; and

(B)the reasoning for the use of each such waiver or exception.

(Added Pub. L. 104–201, div. A, title VIII, § 829(e), Sept. 23, 1996, 110 Stat. 2614, § 2504; amended Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–239, div. A, title XVI, § 1603(b), Jan. 2, 2013, 126 Stat. 2063; Pub. L. 116–92, div. A, title VIII, § 846(b), Dec. 20, 2019, 133 Stat. 1503; renumbered § 4814 and amended Pub. L. 116–283, div. A, title VIII, § 842(a), (b)(1), title XVIII, § 1867(b), (d)(3), Jan. 1, 2021, 134 Stat. 3764, 3765, 4281; Pub. L. 117–81, div. A, title III, § 333, title XVII, § 1701(b)(22)(A), (d)(15), Dec. 27, 2021, 135 Stat. 1638, 2135, 2137; Pub. L. 118–31, div. A, title X, § 1061(c)(1), Dec. 22, 2023, 137 Stat. 399.)

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