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viding such an item to another contractor as Governmentfurnished equipment.
(B) In any case in which a contract for items described in subsection (a)(4) includes the procurement of more than one Federal Supply Class of machine tools or machine tools and accessories, each supply class shall be evaluated separately for purposes of determining whether the limitation in subsection (a) applies.
(C) Subsection (a)(4) and this paragraph shall cease to be effective on October 1, 1996.
(3) BALL BEARINGS AND ROLLER BEARINGS.-Subsection (a)(5) and this paragraph shall cease to be effective on October 1, 1995.
(d) WAIVER AUTHORITY.-The Secretary of Defense may waive the limitation in subsection (a) with respect to the procurement of an item listed in that subsection if the Secretary determines that any of the following apply:
(1) Application of the limitation would cause unreasonable costs or delays to be incurred.
(2) United States producers of the item would not be jeopardized by competition from a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(3) Application of the limitation would impede cooperative programs entered into between the Department of Defense and a foreign country, and that country does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country.
(4) Satisfactory quality items manufactured by an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title) are not available.
(5) Application of the limitation would result in the existence of only one source for the item that is an entity that is part of the national technology and industrial base (as defined in section 2491(1) of this title).
(6) The procurement is for an amount less than the simplified acquisition threshold and simplified purchase procedures are being used.
(7) Application of the limitation is not in the national security interests of the United States.
(8) Application of the limitation would adversely affect a United States company.
(1) LIMITATION.-The Secretary of Defense may not procure a sonobuoy manufactured in a foreign country if United States firms that manufacture sonobuoys are not permitted to compete on an equal basis with foreign manufacturing firms for the sale of sonobuoys in that foreign country.
(2) WAIVER AUTHORITY.-The Secretary may waive the limitation in paragraph (1) with respect to a particular procurement of sonobuoys if the Secretary determines that such pro
curement is in the national security interests of the United States.
(3) DEFINITION.-In this subsection, the term "United States firm" has the meaning given such term in section 2532(d)(1) of this title.
(f) PRINCIPLE OF CONSTRUCTION WITH FUTURE LAWS.-A provision of law may not be construed as modifying or superseding the provisions of this section, or as requiring funds to be limited, or made available, by the Secretary of Defense to a particular domestic source by contract, unless that provision of law
(1) specifically refers to this section;
(2) specifically states that such provision of law modifies or supersedes the provisions of this section; and
(3) specifically identifies the particular domestic source involved and states that the contract to be awarded pursuant to such provision of law is being awarded in contravention of this section.
(g) INAPPLICABILITY TO CONTRACTS UNDER SIMPLIFIED ACQUISITION THRESHOLD.-This section does not apply to a contract or subcontract for an amount that does not exceed the simplified acquisition threshold.
(Added as § 2400 P.L. 97-295, § 1(29)(A), Oct. 12, 1982, 96 Stat. 1294, and amended P.L. 100180, §§ 124(a), (b)(1), 824(a), Dec. 4, 1987, 101 Stat. 1042, 1134; transferred, redesignated § 2502, and amended P.L. 100-370, § 3(b)(1), July 1988, 102 Stat. 855; redesignated § 2507 and amended P.L. 100-456, §§ 821(b)(1)(A), 822, Sept. 29, 1988, 102 Stat. 2014, 2017; amended P.L. 101-510, §§ 835(a), 1421, Nov. 5, 1990, 104 Stat. 1614, 1682; P.L. 102–190, §§ 834, 835, Dec. 5, 1991, 105 Stat. 1447-1448; redesignated $2534 and amended P.L. 102-484, §§ 831, 833(a), 1052(33), 4202(a), 4271(b)(4), Oct. 23, 1992, 106 Stat. 2460, 2461, 2501, 2659, 2696; P.L. 103–160, § 904(d), Nov. 30, 1993, 107 Stat. 1728; P.L. 103-337, §814, Oct. 5, 1994, 108 Stat. 2817; P.L. 103–355, §4102(i), Oct. 13, 1994, 108 Stat. 3341.)
§ 2535. Defense Industrial Reserve
(a) DECLARATION OF PURPOSE AND POLICY.-It is the intent of Congress (1) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the Armed Forces in time of national emergency or in anticipation thereof; (2) that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become excess to such requirements shall be disposed of as expeditiously as possible; (3) that to the maximum extent practicable, reliance will be placed upon private industry for support of defense production; and (4) that machine tools and other industrial manufacturing equipment may be held in plant equipment packages or in a general reserve to maintain a high state of readiness for production of critical items of defense materiel, to provide production capacity not available in private industry for defense materiel, or to assist private industry in time of national disaster.
(b) POWERS AND DUTIES OF THE SECRETARY OF DEFENSE.—(1) To execute the policy set forth in this section, the Secretary is authorized and directed to
(A) determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the defense industrial reserve;
(B) designate what excess industrial property shall be disposed of;
(C) establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property;
(D) direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies;
(E) direct the leasing of any of such property to designated lessees;
(F) authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and
(G) notwithstanding title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.) and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.
(2)(A) The Secretary of a military department to which equipment or other property is transferred from the Defense Industrial Reserve shall reimburse appropriations available for the purposes of the Defense Industrial Reserve for the full cost (including direct and indirect costs) of
(i) storage of such property;
(ii) repair and maintenance of such property; and
(iii) overhead allocated to such property.
(B) The Secretary of Defense shall prescribe regulations establishing general policies and fee schedules for reimbursements under subparagraph (A).
(c) DEFINITIONS.-In this section:
(1) The term "Secretary" means Secretary of Defense.
(2) The term "Defense Industrial Reserve" means (A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use; (B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; (C) those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or
agency of the Government and which should be sold, leased, or otherwise disposed of.
(3) The term "plant equipment package" means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency.
(Added P.L. 102-484, §4235, Oct. 23, 1992, 106 Stat. 2690 [transferred from sections 2, 3, and 4 of Defense Industrial Reserve Act (50 U.S.C. 452 et seq.), and amended P.L. 103-35, 201(c)(8), May 31, 1993, 107 Stat. 98; P.L. 103-337, §379(a), Oct. 5, 1994, 108 Stat. 2737.) § 2536. Award of certain contracts to entities controlled by a foreign government: prohibition
(a) IN GENERAL.-A Department of Defense contract or Department of Energy contract under a national security program may not be awarded to an entity controlled by a foreign government if it is necessary for that entity to be given access to information in a proscribed category of information in order to perform the contract.
(b) WAIVER AUTHORITY.-The Secretary concerned may waive the application of subsection (a) to a contract award if the Secretary concerned determines that the waiver is essential to the national security interests of the United States.
(c) DEFINITIONS.-In this section:
(1) The term "entity controlled by a foreign government" includes
(A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
(B) any individual acting on behalf of a foreign government,
as determined by the Secretary concerned. Such term does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992. (2) The term "proscribed category of information" means a category of information that—
(A) with respect to Department of Defense contracts(i) includes special access information;
(ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and
(iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and (B) with respect to Department of Energy contracts(i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
(ii) is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.
(3) The term "Secretary concerned" means
(A) the Secretary of Defense, with respect to Department of Defense contracts; and
(B) the Secretary of Energy, with respect to Department of Energy contracts.
(Added P.L. 102-484, §836(a)(1), Oct. 23, 1992, 106 Stat. 2462, and amended P.L. 103-35, §201(d)(4), May 31, 1993, 107 Stat. 99; P.L. 103–160, § 842, Nov. 30, 1993, 107 Stat. 1719.)
§ 2537. Improved national defense control of technology diversions overseas
(a) COLLECTION OF INFORMATION ON FOREIGN-CONTROLLED CONTRACTORS.-The Secretary of Defense and the Secretary of Energy shall each collect and maintain a data base containing a list of, and other pertinent information on, all contractors with the Department of Defense and the Department of Energy, respectively, that are controlled by foreign persons. The data base shall contain information on such contractors for 1988 and thereafter in all cases where they are awarded contracts exceeding $100,000 in any single year by the Department of Defense or the Department of Energy.
(b) ANNUAL REPORT TO CONGRESS.-The Secretary of Defense, the Secretary of Energy, and the Secretary of Commerce shall submit to the Congress, by March 31 of each year, beginning in 1994, a report containing a summary and analysis of the information collected under subsection (a) for the year covered by the report. The report shall include an analysis of accumulated foreign ownership of United States firms engaged in the development of defense critical technologies.
(c) TECHNOLOGY RISK ASSESSMENT REQUIREMENT.-(1) If the Secretary of Defense is acting as a designee of the President under section 721(a) of the Defense Production Act of 1950 (50 U.S.C. App. 2170(a)) and if the Secretary determines that a proposed or pending merger, acquisition, or takeover may involve a firm engaged in the development of a defense critical technology or is otherwise important to the defense industrial and technology base, then the Secretary shall require the appropriate entity or entities from the list set forth in paragraph (2) to conduct an assessment of the risk of diversion of defense critical technology posed by such proposed or pending action.
(2) The entities referred to in paragraph (1) are the following: (A) The Defense Intelligence Agency.
(B) The Army Foreign Technology Science Center.
(C) The Naval Maritime Intelligence Center.
(D) The Air Force Foreign Aerospace Science and Technology Center.
(Added P.L. 102-484, §838(a), Oct. 23, 1992, 106 Stat. 2465, and amended P.L. 103-35, 201(d)(5), (h)(2), May 31, 1993, 107 Stat. 99, 100.)
§ 2538. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations
(a) ORDERING AUTHORITY.—In time of war or when war is imminent, the President, through the head of any department, may order from any person or organized manufacturing industry nec