Page:United States Statutes at Large Volume 106 Part 3.djvu/672

 106 STAT. 2466 PUBLIC LAW 102-484—OCT. 23, 1992 "(D) The Air Force Foreign Aerospace Science and Technoloer Center. " (d) DEFINITION.—In this section, the term 'defense critical technology* has the meaning provided that term by section 2491(8) of this title.". (b) CLERICAL AMENDMENT.— The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: "2537. Improved national defense control of technology diversions overseas.". SEC. 839. LIMITATION ON SALE OF ASSETS OF CERTAIN DEFENSE CONTRACTOR (a) REQUIREMENT.— (1) The Secretary of Defense shall require that, in any contract entered into by the Department of Defense with the LTV Aerospace and Defense Company (hereinafter referred to as the 'contractor*), the terms of the contract shall include the requirements set forth in paragraph (2). (2) A contract referred to in paragraph (1) shall prohibit the contractor (including any subsidiaries of the contractor) from selling, after April 1, 1992, all or any part of its operating assets to any other person or entity unless the person or entity agrees to assimie, to the extent required under any collective bargaining agreement entered into by the contractor, all the liabilities of the contractor to all of the employees of the contractor who have retired. For purposes of this paragraph, such liabilities include all retirement health and life insiirance and pension benefits payable (at the time of sale or any time after the sale) to, or for the benefit of, such retired employees, their spouses, and their dependents. (b) APPLICABILITY.—The requirements of subsection (a) shall apply with respect to any contract entered into after April 1, 1992, and any contract in existence as of April 1, 1992, with the LTV Aerospace and Defense Company. Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense shall modify contracts in existence as of April 1, 1992, and contracts entered into between April 1, 1992, and the date of the enactment of this Act, to reflect the requirements of this section. (c) TRANSITION. — (1) If a person or entity (in this subsection referred to as the 'purchaser*) purchases the LTV Aerospace and Defense Company during the period beginning on April 1, 1992, and ending 60 days after the date of the enactment of this Act, the Secretary of Defense shall modify any transferred contracto to require the purchaser to assume all the liabilities of the LTV Aerospace and Defense Company to all of the employees of such company who have retired (including all the liabilities described in subsection (a)(2)). (2) For purposes of paragraph (1), a transferred contract is a contract entered into by the purchaser and the Department of Defense which conteins terms and obligations (A) which are similar to the terms and obligations of a previous contract between the LTV Aerospace and Defense Company and the Department of Defense, and (B) which the piu-chaser agreed to assume as part of the terms of the purchase ofsuch company. SEC. 840. ADVANCE NOTIFICATION OF CONTRACT PERFORMANCE OUTSIDE THE UNITED STATES. (a) NOTIFICATION REQUIRED.— (1) Chapter 141 of title 10, United Stotes Code, as amended by sections 384, 808, 813, and

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