§2506. National technology and industrial base: periodic defense capability plan

(a) In General.-The National Defense Technology and Industrial Base Council shall prepare annually through fiscal year 1997 and biennially thereafter a multiyear plan for ensuring, to the maximum extent practicable, that the policies and programs of the Department of Defense, the Department of Energy, and other departments and agencies of the Federal Government are planned, coordinated, funded, and implemented in a manner designed to attain each of the national security objectives set forth in section 2501(a) of this title. In preparing each plan, the Council shall take into account the most recent national technology and industrial base assessment prepared pursuant to section 2505 of this title.

(b) Program Guidance To Be Included in Plan.-Each plan under subsection (a) shall also provide specific guidance (including goals, milestones, and priorities) for the following:

(1) National defense programs and policies of the Department of Defense and Department of Energy that are necessary to ensure the continued viability of each technology and industrial base sector that is necessary to support the objectives stated in section 2501(a) of this title.

(2) National defense programs and policies of the Department of Defense and Department of Energy that are necessary in each such sector-

(A) to reduce dependence on foreign sources that could create a military vulnerability; and

(B) to provide for alternative sources in the event that the foreign sources become unavailable.

(3) The composition and management of the Defense Industrial Reserve under section 2535 of this title.

(4) National defense programs and policies of the Department of Defense and Department of Energy relating to manufacturing technology.

(5) Development of each defense critical technology.

(6) Ensuring that financial policies of the Department of Defense and Department of Energy (for national security programs) are designed to meet the policies set forth in section 2501 of this title.

(7) Encouragement of the effective use of commercial products and processes by the Department of Defense and the Department of Energy for national security programs.

(8) For each plan through fiscal year 1997, national defense programs and policies of the Department of Defense and Department of Energy relating to the transition from economic dependence on defense expenditures of those technology and industrial base sectors and businesses that are at least partially dependent economically on defense expenditures.

(9) Enhancement of the skills and capabilities of the work force in the national technology and industrial base in support of the national security objectives set forth in section 2501(a) of this title.

(10) Enhancement of the effectiveness of the major defense acquisition program regulations prescribed pursuant to section 2430(b) of this title.

(c) Long-Range Plans.-Each plan through fiscal year 1997 shall include the following:

(1) A long-range plan for technology development and use of model demonstration defense facilities for environmental restoration and waste management.

(2) A long-range plan to develop advanced technology to carry out transportation projects that further the national security objectives set forth in section 2501(a) of this title.

(3) A long-range national security energy technology plan to further the national security objectives of section 2501(a) of this title.

(4) A long-range national defense communications networking plan to further the national security objectives of section 2501(a) of this title.

(d) Acquisition Reform Guidance.-Each plan shall include-

(1) recommendations for legislation that the Council considers appropriate for eliminating any adverse effect of Federal law on the capability of the national technology and industrial base to further the national security objectives set forth in section 2501(a) of this title; and

(2) specific guidance to ensure that maximum use is made of authority to waive regulations or conduct test programs in pursuit of such objectives.

(e) Issuance.-(1) The Secretary of Defense shall provide the plan to the Secretaries of the military departments and the heads of the other elements of the Department of Defense not later than the date on which the Secretary provides those officials with the guidance required by section 113(g)(1) of this title.

(2) The Secretary of Defense shall transmit to Congress, not later than March 31 of each year through 1997 and every odd-numbered year thereafter-

(A) the plan prepared under this section, including any changes necessary to reflect the budget submitted by the President during that year under section 1105 of title 31; and

(B) the national technology and industrial base periodic assessment prepared pursuant to section 2505 of this title that pertains to such plan and budget.

(3) The plan and assessment shall be submitted to Congress in classified and unclassified forms. Proprietary information that may be withheld from disclosure under section 552 of title 5 shall be provided only in the classified version.

(Added Pub. L. 102–484, div. D, title XLII, §4216(a), Oct. 23, 1992, 106 Stat. 2668 .)

Prior Provisions

A prior section 2506 was renumbered section 2533 of this title.

Implementation of Requirements for Assessment, Planning, and Analysis

For provisions relating to first plan required by this section and to periodic national technology and industrial base assessment submitted to Congress pursuant to subsec. (e) of this section, see section 4218 of Pub. L. 102–484, set out as a note under section 2501 of this title.

Implementing Regulations Concerning National Technology and Industrial Base Periodic Plan

Section 4220 of Pub. L. 102–484 provided that:

"(a) Rule of Construction.-Except as otherwise expressly provided, in this section each reference to a section is a reference to a section of title 10, United States Code.

"(b) Initial Regulations.-The Secretary of Defense shall ensure that the initial regulations prescribed to implement section 2506 provide that the national technology and industrial base plan required by such section include the matters set forth in subsections (c) through (f).

"(c) Manufacturing Technology Guidance.-The initial regulations shall require that the guidance provided for manufacturing technology pursuant to section 2506(b)(4) include guidance with respect to the following:

"(1) The National Defense Manufacturing Technology Program established under section 2521.

"(2) The support of manufacturing extension programs under section 2523.

"(3) Programs to enhance basic research in scientific disciplines relating to manufacturing technology through-

"(A) encouraging research in colleges and universities in the United States and in associated centers of excellence; and

"(B) establishing technology transfer mechanisms, and technology education and training mechanisms, that ensure that the results of such research are readily available to United States industry.

"(4) Programs for encouraging the use of computer-integrated manufacturing to improve manufacturing quality, reduce manufacturing costs, reduce production lead times, and improve maintenance.

"(5) Programs for enhancing Department of Defense use of concurrent engineering practices in the design and development of weapon systems.

"(6) Programs providing incentives for firms in the national technology and industrial base to use advanced manufacturing technology and processes and to invest in improved productivity.

"(7) Programs for encouraging research in colleges and universities and in other technology development and extension programs in the United States for development of systems that build on the skill and experience of workers.

"(8) Programs for assisting in the transition to high performance work systems, including ongoing worker involvement in the evaluation, selection, and installation and operation of production technologies and associated organization or work.

"(d) Critical Technologies Guidance.-The initial regulations shall require that the guidance provided pursuant to section 2506(b)(5) for the development of each critical technology include the following:

"(1) The specific funding requirements of the Department of Defense, the Department of Energy and other departments and agencies of the Federal Government for the development of the technology for the 5 fiscal years following the fiscal year in which the plan is submitted to Congress pursuant to section 2506(e).

"(2) A designation of the lead organization within the Department of Defense or the Department of Energy to be responsible for the development of the technology.

"(3) A summary description of the lead organization's plan for the development of the technology, including the milestone goals.

"(e) Financial Policy Guidance.-The initial regulations shall require that the guidance provided pursuant to section 2506(b)(6) with regard to financial policies of the Department of Defense and the Department of Energy (for national security programs) include guidance with respect to the following:

"(1) Policies relating to progress payments or other financing by the Department of Defense.

"(2) Policies relating to the return on contractor investment.

"(3) Policies relating to the allocation of contract risk between the Department of Defense and a contractor.

"(f) Commercial-Military Integration Guidance.-The initial regulations shall require that the guidance provided pursuant to section 2501(c) regarding integration of commercial products and processes into Federal acquisition practices include guidance with respect to the following:

"(1) Expanding the use of commercial specifications in place of Federal Government specifications.

"(2) Increasing the use of commercial manufacturing processes instead of processes specified by the Federal Government.

"(3) Reducing the extent of unique government regulatory requirements relating to accounting and acquisition.

"(4) Identifying and ensuring the effective application by the Department of Defense and the Department of Energy (for national security programs) of research, technologies, products, information, and practices developed by other departments and agencies of the Federal Government, State and local governments, colleges and universities, nonprofit organizations, and commercial enterprises.

"(5) Identifying effective mechanisms for transferring technology and related information, to the maximum extent practicable, from the Department of Defense and Department of Energy to other departments and agencies of the Federal Government, State and local governments, colleges and universities, nonprofit organizations, and commercial enterprises.

"(6) Ensuring, to the maximum extent practicable, that technology and related information are so transferred.

"(g) Major Program Guidance.-The initial regulations implementing section 2430(b), shall provide that the acquisition plan for each major defense acquisition program include provisions for the following:

"(1) An analysis of the capabilities of the national technology and industrial base to develop, produce, maintain, and support such program, including consideration of the factors set forth in section 4219(h).

"(2) Consideration of requirements for efficient manufacture during the design and production of the systems to be procured under the program.

"(3) The use of advanced manufacturing technology, processes, and systems during the research and development phase and the production phase of the program.

"(4) To the maximum extent practicable, the use of contract solicitations that encourage competing offerors to acquire, for use in the performance of the contract, modern technology, production equipment, and production systems (including hardware and software) that increase the productivity of the offerors and reduce life-cycle costs.

"(5) Encouragement of investment by United States domestic sources in advanced manufacturing technology production equipment and processes through-

"(A) recognition of the contractor's investment in advanced manufacturing technology production equipment, processes, and organization of work systems that build on workers' skill and experience, and work force skill development in the development of the contract objective; and

"(B) increased emphasis in source selections on the efficiency of production.

"(6) Expanded use of commercial manufacturing processes rather than processes specified by the Department of Defense.

"(7) Elimination of barriers to, and facilitation of, the integrated manufacture of commercial items and items being produced under Department of Defense contracts.

"(8) Expanded use of commercial products as set forth in section 2325."

Section Referred to in Other Sections

This section is referred to in sections 2198, 2372, 2491, 2502, 2503, 2505, 2512, 2521 of this title; title 22 section 3142; title 42 section 2123.