About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (January 21, 2020)

handle is hein.crs/goveaty0001 and id is 1 raw text is: 





C  o   g  e  s o   a   R e s  a r c  S enUt   e


S


                                                                                         Updated  January 21, 2020

Defense Primer: The National Technology and Industrial Base


What   is the NT IB?
The National Technology and Industrial Base (NTIB)
consists of the people and organizations engaged in national
security and dual-use research and development (R&D),
production, maintenance, and related activities within the
United States, Canada, the United Kingdom, and Australia.
The NTIB,  as established by 10 U.S.C. §2500, is intended
to support national security objectives of the United States,
including supplying military operations; conducting
advanced R&D   and systems development to ensure
technological superiority of the U.S. Armed Forces;
securing reliable sources of critical materials; and
developing industrial preparedness to support operations in
wartime or during a national emergency.

Establishing the  NTIB
During World  War II, shipments of critical wartime
materials to the United States were disrupted. To ensure a
supply of defense articles in future conflicts, Congress and
the executive branch sought to establish a more robust
domestic defense industrial base. Over the next half-
century, evolving U.S. national security objectives led to
new legislation and regulations addressing the defense
industrial base, dual-use critical technologies, and
manufacturing technology. Defense spending, particularly
significant R&D investment, was critical to the
advancement  of U.S. military and industrial technology.

Following the end of the Cold War, Congress grappled with
the economic implications of predicted significant cuts in
U.S. defense spending. Responding to the perceived
failure of the Department of Defense to undertake serious
technology and industrial base planning-and the need to
maintain a national technology and industrial base capable
of meeting future national security and economic
challenges-Congress  mandated  a more active federal
government role in shaping the U.S. technology and
industrial base through provisions in the FY1993 NDAA.
Theses provisions consolidated existing defense industrial
base policies into a single chapter of the U.S. Code and
enacted additional new policies and requirements, including
the establishment of the NTIB, formalizing in statute what
had been a traditionally close United States-Canadian
defense cooperation relationship.

        DOD   and  the Global  R&D  Landscape
  See CRS Report R45403, The Global Research and Development
  Landscape and Implications for the Department of Defense.


Expanding   the NTIB
While the U.S. military has historically conceptually used
advanced technological capabilities as a strategic
counterbalance to superior force size and geographic
advantages of potential adversaries, recent trends have


exacerbated concerns regarding the ability of the
Department of Defense (DOD)  to maintain this dominance
in the future. The sharp decline in U.S. defense R&D
spending as a share of global R&D spending from 1960 to
2016, together with the rise of the private sector in driving
innovation, signifies continuing challenges to DOD's
reliance on technology for battlefield advantage. Analysts
and DOD  officials increasingly assess that allies and
potential adversaries alike are achieving technological
parity with-and in some instances have already surpassed
certain capabilities of-the U.S. military.

In the FY2017 NDAA   (P.L. 114-328), Congress expanded
the NTIB to include the United Kingdom and Australia.
Congress also directed DOD to create a plan that would
promote closer integration of the technology and industrial
bases of all NTIB member countries. S.Rept. 114-255
describes global R&D as shifting abroad, in part to avoid
U.S. technology transfer and export control rules, raising
concerns that:
    ...innovation may be increasingly conducted overseas
    with technology more readily available to potential
    adversaries than to the U.S. military because of the lack
    of civil-military integration of the [NTIB].

How   Does  the NTIB   Operate?
The National Defense Technology and Industrial Base
Council (10 U.S.C. §2502) is responsible for ensuring
interagency cooperation in promoting the NTIB and
providing advice to the President. The council consists of
the Secretaries of Defense, Energy, Commerce, and Labor,
and other officials appointed by the President. While the
U.S. government has a governing body to coordinate
activities across agencies, no such structure with
representation of all NTIB member countries exists.

The Secretary of Defense is also required to develop a
national security strategy for the NTIB based on a
prioritized assessment of risks and challenges to the defense
supply chain (10 U.S.C. §2501) and to submit an annual
report to Congress addressing NTIB capabilities,
performance, and vulnerabilities (10 U.S.C. §2504). Most
recently, the FY2018 Industrial Capabilities report spent
less than one page discussing the NTIB and did not provide
a clear plan to achieve integration.

Statutory  Benefits of NTIB   Membership
NTIB  countries benefit from certain limited statutory
preferences. Procurement of conventional ammunition can
be restricted to NTIB sources and must be from the NTIB
in a national emergency or when necessary for industrial
mobilization (10 U.S.C. §2304). Fire-resistant rayon fiber
in uniforms may only be procured from a non-NTIB
member  if NTIB sources are not available (10 U.S.C.
§2533a). NTIB  manufacturers are generally exempt from


ittps://crsreports~congress~gov

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most