Baker & Hostetler LLP

01/24/2025 | Press release | Distributed by Public on 01/24/2025 07:03

The Next Secretary of Defense and National Security Priorities: What Companies Need to Know

01/24/2025|3 minute read
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Key Takeaways

  • Pete Hegseth, expected to be the next Secretary of Defense, testified last week at his confirmation hearings about policy priorities with significant potential to affect private industry.
  • National security concerns are likely to continue driving the focus of criminal and civil enforcement for the U.S. government.
  • Hegseth's priorities as stated in his hearing testimony may create both new opportunities and increased regulatory scrutiny for businesses.

Pete Hegseth, during his Secretary of Defense (SECDEF) confirmation hearings, articulated several priorities that could have a significant impact on private industry in the United States. These priorities focused primarily on national security, military readiness, and ensuring that the defense sector aligns with technological advancements and strategic imperatives. The effects of his confirmation on private industry can be analyzed along several key themes:

1. Increased Collaboration with the Private Sector for Defense Innovation

Hegseth has expressed a desire to enhance the U.S. military's capabilities through innovation and cutting-edge technologies. This could lead to increased collaboration between the Department of Defense (DoD) and private companies in sectors such as cybersecurity, artificial intelligence, space technology and autonomous systems. For private industry, this would likely result in:

  • More defense contracts: Companies involved in advanced technology, like SpaceX, Palantir and other tech firms, could see an increase in funding and contracts from the DoD.
  • Public-private partnerships: There may be more opportunities for startups and established companies to engage in defense-related projects, potentially expanding into new markets.

2. Emphasis on Economic and National Security Synergies

Hegseth highlighted the importance of integrating national security with economic interests. He has indicated that the U.S. military's strength should complement and bolster the overall economy. He also announced his intent for the Pentagon to undergo a successful financial audit. For private industry, particularly in sectors like energy, manufacturing and critical infrastructure, this could lead to:

  • Government support for strategic industries: Firms that contribute to energy independence, critical infrastructure or military readiness could benefit from targeted government support, in terms of both funding and regulatory support.
  • Increased scrutiny and regulation in strategic sectors: Companies in sectors deemed critical for national security may face more oversight or pressure to align with government priorities. During any Pentagon audit, companies will encounter increased government scrutiny of DoD contracts, which could lead to civil or criminal enforcement actions where mismanagement or wrongdoing is uncovered. Companies may be well advised to conduct internal investigations and take advantage of voluntary disclosure programs where warranted.

3. Focus on Supply Chain Resilience

Another significant priority articulated by Hegseth was ensuring the resilience of the U.S. defense supply chain, especially in the context of global competition, notably with China. This could have the following impacts on private industry:

  • Revitalization of domestic manufacturing: Hegseth's focus on securing the defense supply chain may push for more domestic production of defense-related materials and technologies, potentially benefiting U.S. manufacturers and contractors.
  • Supply chain diversification and risk mitigation: Private firms might need to invest in diversifying their own supply chains and ensuring they meet national security standards, especially for companies involved in electronics, rare earth metals, and critical materials.

4. National Defense and Workforce Development

Hegseth has also emphasized the importance of developing a strong workforce for national defense. This priority could influence private industry in the following ways:

  • Increased demand for STEM professionals: Companies in technology and defense sectors may see increased demand for highly skilled workers in fields like cybersecurity, data science and engineering.
  • Private sector involvement in training programs: Firms may partner with the government on workforce development initiatives, especially in technical and defense-related fields.

5. Impact on Defense Contractors and Industry Consolidation

Hegseth's priorities also hint at a potentially increasing reliance on large defense contractors, though there may also be a push for greater competition and innovation within the defense industry. This could lead to:

  • Mergers and acquisitions in defense tech: Larger defense companies might continue to acquire smaller startups with cutting-edge technologies, possibly leading to industry consolidation.
  • Potential regulatory changes: As Hegseth looks to align the defense sector with evolving national security needs, changes in regulations might impact how private companies approach defense contracting, compliance and reporting.
  • Civil or Criminal Enforcement Actions: During any Pentagon audit, defense companies will encounter increased scrutiny of government contracts. This could lead to civil or criminal enforcement actions where mismanagement or wrongdoing is uncovered. Companies may be well advised to conduct internal investigations and take advantage of voluntary disclosure programs where warranted.

Conclusion

In summary, Pete Hegseth's confirmation as the Secretary of Defense would likely result in increased collaboration between the U.S. government and private industry, particularly in the areas of technology, manufacturing and national security. Companies in sectors like defense contracting, cybersecurity and advanced technology would likely see more opportunities for government contracts, but they would also face higher expectations for innovation, supply chain security, budgetary management, and alignment with national security objectives. For industries connected to critical infrastructure, energy and manufacturing, Hegseth's priorities are likely to drive both new opportunities and increased regulatory scrutiny.

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