Page:United States Statutes at Large Volume 106 Part 3.djvu/671

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2465 of the Committee on Foreign Investment in the United States (established by Executive Order No. 11858)— (1) the Director of the OflRce of Science and Technology Policy; and (2) the Assistant to the President for National Security, (e) TECHNOLOGY RISK ASSESSMENTS.— Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is further amended by adding at the end the following new subsection: "(j) TECHNOLOGY RISK ASSESSMENTS. —In any case in which an assessment of the risk of diversion of defense critical technology is performed by a designee of the President, a copy of such assessment shall be provided to any other designee of the President responsible for reviewing or investigating a merger, acquisition, or takeover under this section.". SEC. 838. mPROVED NATIONAL DEFENSE CONTROL OF TECHNOLOGY DIVERSIONS OVERSEAS. (a) IN GENERAL. — Subchapter V of chapter 148 of title 10, United States Code, as added by section 4202(b) and amended by section 837, is further amended by adding at the end the following new section: ''§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, which are controlled by foreign persons. The data case 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 simmiary 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. 217(Ka)) 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.

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