
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2537]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
    SUBCHAPTER V--MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
 
Sec. 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 Pub. L. 102-484, div. A, title VIII, Sec. 838(a), Oct. 23, 1992, 
106 Stat. 2465; amended Pub. L. 103-35, title II, Sec. 201(d)(5), 
(h)(2), May 31, 1993, 107 Stat. 99, 100.)


                               Amendments

    1993--Subsec. (a). Pub. L. 103-35, Sec. 201(d)(5), substituted 
``respectively, that'' for ``respectively, which''.
    Subsec. (d). Pub. L. 103-35, Sec. 201(h)(2), struck out subsec. (d) 
which read as follows: ``In this section, the term `defense critical 
technology' has the meaning provided that term by section 2491(8) of 
this title.''
