(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 in

clude

(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 P.L. 102–484, § 4216(a), Oct. 23, 1992, 106 Stat. 2668.)

§ 2507. Data collection authority of President

(a) AUTHORITY.-The President shall be entitled, by regulation, subpoena, or otherwise, to obtain such information from, require such reports and the keeping of such records by, make such inspection of the books, records, and other writings, premises or property of, and take the sworn testimony of, and administer oaths and affirmations to, any person as may be necessary or appropriate, in the President's discretion, to the enforcement or the administration of this chapter and the regulations issued under this chapter.

(b) CONDITION FOR USE OF AUTHORITY.-The President shall issue regulations insuring that the authority of this section will be used only after the scope and purpose of the investigation, inspection, or inquiry to be made have been defined by competent authority and it is assured that no adequate and authoritative data are available from any Federal or other responsible agency.

(c) PENALTY FOR NONCOMPLIANCE.-Any person who willfully performs any act prohibited or willfully fails to perform any act required by the provisions of subsection (a), or any rule, regulation, or order thereunder, shall be fined under title 18 or imprisoned not more than one year, or both.

(d) LIMITATIONS ON DISCLOSURE OF INFORMATION.-Information obtained under section (a) which the President deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information shall not be published or disclosed unless the President determines that the withholding thereof is contrary to the interest of the national defense. Any person who willfully violates this subsection shall be fined under title 18 or imprisoned not more than one year, or both. (e) REGULATIONS.-The President may make such rules, regulations, and orders as he considers necessary or appropriate to carry out the provisions of this section. Any regulation or order under this section may be established in such form and manner, may contain such classification and differentiations, and may provide for such adjustments and reasonable exceptions as in the judgment of the President are necessary or proper to effectuate the purposes of this section, or to prevent circumvention or evasion, or to facilitate enforcement of this section, or any rule, regulation, or order issued under this section.

(f) DEFINITIONS.-In this section:

(1) The term "person" includes an individual, corporation, partnership, association, or any other organized group of persons, or legal successor or representative of the foregoing, and includes the United States or any agency thereof, or any other government, or any of its political subdivisions, or any agency of any of the foregoing, except that no punishment provided by this section shall apply to the United States, or to any such government, political subdivision, or government agency.

(2) The term "national defense" means programs for military and atomic energy production or construction, military assistance to any foreign nation, stockpiling, space, and directly related activity.

(Added P.L. 102-484, §4217, Oct. 23, 1992, 106 Stat. 2670, and amended P.L. 103-160, § 1182(b), Nov. 30, 1993, 107 Stat. 1772.)

SUBCHAPTER III-PROGRAMS FOR DEVELOPMENT, APPLICATION, AND SUPPORT OF DUAL-USE TECHNOLOGIES

Sec.

2511. Defense dual-use critical technology partnerships.

2512.

2513.

2514.

2515.

2516.

2517.

2518.

2519. 2520.

Commercial-military integration partnerships.

Regional technology alliances assistance program.
Encouragement of technology transfer.

Office of Technology Transition.

Military-Civilian Integration and Technology Transfer Advisory Board.
Office for Foreign Defense Critical Technology Monitoring and Assessment.
Overseas foreign critical technology monitoring and assessment financial
assistance program.

Federal Defense Laboratory Diversification Program.
Navy Reinvestment Program.

§ 2511. Defense dual-use critical technology partnerships

(a) ESTABLISHMENT OF PARTNERSHIPS.-The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title, by providing for the establishment of cooperative arrangements (hereinafter in this section referred to as "partnerships") between the Department of Defense and entities referred to in subsection (b) in order to encourage and provide for research, development, and application of dualuse critical technologies. The Secretary may make grants, enter into contracts, or enter into cooperative agreements and other transactions pursuant to section 2371 of this title in order to establish the partnerships.

(b) NON-DEPARTMENT OF DEFENSE PARTICIPANTS.-In the case of each partnership, the entities with which the Secretary enters into the partnership shall include two or more eligible firms or a nonprofit research corporation established by two or more eligible firms and, may also include, as determined appropriate by the Secretary of Defense, a Federal laboratory or laboratories, Government-owned and operated industrial facilities, institutions of higher education, agencies of State governments, and other entities that participate in the partnership by supporting the activities conducted by such firms or corporations under this section.

(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.-(1) The Secretary of Defense shall ensure that the amount of funds provided by the Federal Government to a partner

ship does not exceed 50 percent of the total cost of partnership activities.

(2) The Secretary may prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of calculating the share of the partnership costs that has been or is being undertaken by such participants. In such regulations, the Secretary may authorize a participant that is a small business concern to use funds received under the Small Business Innovation Research Program or the Small Business Technology Transfer Program to help pay the costs of partnership activities. Any such funds so used may be considered in calculating the amount of the financial commitment undertaken by the non-Federal Government participants unless the Secretary determines that the small business concern has not made a significant equity percentage contribution in the partnership from nonFederal sources.

(3) The Secretary shall consider a partnership proposal submitted by a small business concern without regard to the ability of the small business concern to immediately meet its share of the anticipated partnership costs. Upon the selection of a partnership proposal submitted by a small business concern, the small business concern shall have a period of not less than 120 days in which to arrange to meet its financial commitment requirements under the partnership from sources other than a person of a foreign country. If the Secretary determines upon the expiration of that period that the small business concern will be unable to meet its share of the anticipated partnership costs, the Secretary shall revoke the selection of the partnership proposal submitted by the small business

concern.

(d) ASSISTANCE AUTHORIZED.-The Secretary of Defense may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section. In providing such assistance, the Secretary shall make available, as appropriate for the work to be performed by each partnership, equipment and facilities of Department of Defense laboratories (including the scientists and engineers at those laboratories) to a partnership recognized under this section for purposes of any project that is approved by the Secretary.

(e) SELECTION PROCESS.-Competitive procedures shall be used in the establishment of partnerships.

(f) SELECTION CRITERIA.-The criteria for the selection of proposed partnerships for establishment under this section shall include the following:

(1) The extent to which the program proposed to be conducted by the partnership advances and enhances the national security objectives set forth in section 2501(a) of this title.

(2) The technical excellence of the program proposed to be conducted by the partnership.

(3) The qualifications of the personnel proposed to participate in the partnership's research activities.

(4) An assessment of timely private sector investment in activities to achieve the goals and objectives of the proposed partnership other than through the partnership.

(5) The potential effectiveness of the partnership in the further development and application of each technology proposed to be developed by the partnership for the national technology and industrial base.

(6) The extent of the financial commitment of eligible firms to the proposed partnership.

(7) The extent to which the partnership does not unnecessarily duplicate projects undertaken by other agencies. (8) Such other criteria that the Secretary prescribes. (g) REGULATIONS.-The Secretary of Defense shall prescribe regulations for the purposes of this section.

(Added P.L. 102-484, §4221(a), Oct. 23, 1992, 106 Stat. 2677, and amended P.L. 103-160, 1315(a), 1317(c), Nov. 30, 1993, 107 Stat. 1787, 1789; P.L. 103–337, §1115(a), Oct. 5, 1994, 108 Stat. 2868.)

§ 2512. Commercial-military integration partnerships

(a) ESTABLISHMENT OF PARTNERSHIPS.-The Secretary of Defense shall conduct a program to further the national security objectives set forth in section 2501(a) of this title by providing for the establishment of cooperative arrangements (hereinafter in this section referred to as "partnerships") between the Department of Defense and one or more eligible firms and nonprofit research corporations referred to in section 2511(b) of this title. A partnership may also include, as determined appropriate by the Secretary of Defense, a Federal laboratory or laboratories, institutions of higher education, agencies of State governments, and other entities that participate in the partnership by supporting the activities conducted by such firms or corporations under this section.

(b) ASSISTANCE AUTHORIZED. (1) The Secretary may make grants, enter into contracts, and enter into cooperative agreements and other transactions pursuant to section 2371 of this title in order to establish the partnerships.

(2) The Secretary may not enter into a partnership under this section for a period longer than 5 years.

(3) The Secretary may provide a partnership with technical and other assistance to facilitate the achievement of the purposes of this section, subject to the limitations in subsection (c).

(c) FINANCIAL COMMITMENT OF NON-FEDERAL GOVERNMENT PARTICIPANTS.-(1) The Secretary shall ensure that the amount of funds provided by the Secretary under a partnership does not exceed the maximum authorized percentage of the total cost of partnership activities.

(2) The maximum authorized percentage of funding referred to in paragraph (1) for each year of a partnership is as follows: (A) 50 percent in the first year.

(B) 40 percent in the second year.

(C) 30 percent in the each of the third, fourth, and fifth years.

(3)(A) The Secretary shall prescribe regulations to provide for consideration of in-kind contributions by non-Federal Government participants in a partnership for the purpose of determining the share of the partnership costs that has been or is being undertaken by such participants.