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(B) the Secretary of Energy, with respect to Depart
ment of Energy contracts. (Added P.L. 102–484, 8836(a)(1), Oct. 23, 1992, 106 Stat. 2462; 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; P.L. 104–201, § 828, Sept. 23, 1996, 110 Stat. 2611.) § 2537. Improved national defense control of technology di
versions 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 $10,000,000 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.
(D) The Air Force Foreign Aerospace Science and Technology Center. (Added P.L. 102–484, § 838(a), Oct. 23, 1992, 106 Stat. 2465; amended P.L. 103–35, $ 201(d)(5), (h)(2), May 31, 1993, 107 Stat. 99, 100; P.L. 107–314, § 1041(a)(16), Dec. 2, 2002, 116 Stat. 2645.) $ 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 necessary products or materials of the type usually produced or capable of being produced by that person or industry.
(b) COMPLIANCE WITH ORDER REQUIRED.-A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection.
(c) SEIZURE OF MANUFACTURING PLANTS UPON NONCOMPLIANCE.—In time of war or when war is imminent, the President, through the head of any department, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the head of that department is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses
(1) to give precedence to the order as prescribed in subsection (b);
(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or
(3) to furnish them at a reasonable price as determined by the head of such department.
(d) USE OF SEIZED PLANT.--The President, through the head of any department, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c).
(e) COMPENSATION REQUIRED.-Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry whose plant is seized under subsection (c) is entitled to a fair and just rental.
(f) CRIMINAL PENALTY.—Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18. (Added P.L. 103-160, $822(a)(1), Nov. 30, 1993, 107 Stat. 1704; amended P.L. 103–337, 811, Oct. 5, 1994, 108 Stat. 2815.) $ 2539. Industrial mobilization: plants; lists
(a) LIST OF PLANTS EQUIPPED TO MANUFACTURE ARMS OR AMMUNITION.—The Secretary of Defense may maintain a list of all privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are equipped to manufacture for the armed forces arms or ammunition, or parts thereof, and may obtain complete information of the kinds of those products manufactured or capable of being manufactured by each of those plants, and of the equipment and capacity of each of those plants.
(b) LIST OF PLANTS CONVERTIBLE INTO AMMUNITION FACTORIES.—The Secretary of Defense may maintain a list of privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are capable of being readily transformed into factories for the manufacture of ammunition for the armed forces and that have a capacity sufficient to warrant conversion into ammunition plants in time of war or when war is imminent, and may obtain complete information as to the equipment of each of those plants.
(c) CONVERSION PLANS.—The Secretary of Defense may prepare comprehensive plans for converting each plant listed pursuant to subsection (b) into a factory for the manufacture of ammunition or parts thereof. (Added P.L. 103–160, $ 822(a)(1), Nov. 30, 1993, 107 Stat. 1704.) $ 2539a. Industrial mobilization: Board on Mobilization of
Industries Essential for Military Preparedness The President may appoint a nonpartisan Board on Mobilization of Industries Essential for Military Preparedness, and may provide necessary clerical assistance, to organize and coordinate operations under sections 2538 and 2539 of this title. (Added as $2540 P.L. 103–160, $ 822(a)(1), Nov. 30, 1993, 107 Stat. 1704; redesignated 2539a P.L. 103–337, § 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856.) $ 2539b. Availability of samples, drawings, information,
equipment, materials, and certain services (a) AUTHORITY.—The Secretary of Defense and the Secretaries of the military departments, under regulations prescribed by the Secretary of Defense and when determined by the Secretary of Defense or the Secretary concerned to be in the interest of national defense, may each
(1) sell, rent, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity;
(2) sell, rent, or lend government equipment or materials to any person or entity
(A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
(B) for use in demonstrations to a friendly foreign government; and
(3) make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items.
(b) CONFIDENTIALITY OF TEST RESULTS.-The results of tests performed with services made available under subsection (a)(3) are confidential and may not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.
(c) FEES.-Fees for services made available under subsection (a)(3) shall be established in the regulations prescribed pursuant to subsection (a). Such fees may not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.
(d) USE OF FEES.-Fees received for services made available under subsection (a)(3) may be credited to the appropriations or other funds of the activity making such services available. (Added as $ 2541 P.L. 103–160, $ 822(b)(1), Nov. 30, 1993, 107 Stat. 1705; redesignated § 2539b P.L. 103–337, § 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; amended P.L. 103–355, $ 3022, Oct. 13, 1994, 108 Stat. 3333; P.L. 104-106, $ 804, Feb. 10, 1996, 110 Stat. 390; P.L. 106–65, $ 1066(a)(23), Oct. 5, 1999, 113 Stat. 771.)
SUBCHAPTER VI-DEFENSE EXPORT LOAN GUARANTEES
(a) ESTABLISHMENT.-In order to meet the national security objectives in section 2501(a) of this title, the Secretary of Defense shall establish a program under which the Secretary may issue guarantees assuring a lender against losses of principal or interest, or both principal and interest, arising out of the financing of the sale or long-term lease of defense articles, defense services, or design and construction services to a country referred to in subsection (b).
(b) COVERED COUNTRIES.-The authority under subsection (a) applies with respect to the following countries:
(1) A member nation of the North Atlantic Treaty Organization (NATO).
(2) A country designated as of March 31, 1995, as a major non-NATO ally pursuant to section 2350a(i)(3) of this title.
(3) A country in Central Europe that, as determined by the Secretary of State
(A) has changed its form of national government from a nondemocratic form of government to a democratic form of government since October 1, 1989; or
(B) is in the process of changing its form of national government from a nondemocratic form of government to a democratic form of government.
(4) A noncommunist country that was a member nation of the Asia Pacific Economic Cooperation (APEC) as of October 31, 1993.
(c) AUTHORITY SUBJECT TO PROVISIONS OF APPROPRIATIONS.The Secretary may guarantee a loan under this subchapter only to such extent or in such amounts as may be provided in advance in appropriations Acts. (Added P.L. 104-106, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 475.) $ 2540a. Transferability
A guarantee issued under this subchapter shall be fully and freely transferable. (Added P.L. 104-106, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 476.) $ 2540b. Limitations
(a) TERMS AND CONDITIONS OF LOAN GUARANTEES.—In issuing a guarantee under this subchapter for a medium-term or long-term loan, the Secretary may not offer terms and conditions more beneficial than those that would be provided to the recipient by the Export-Import Bank of the United States under similar circumstances in conjunction with the provision of guarantees for nondefense articles and services.
(b) LOSSES ARISING FROM FRAUD OR MISREPRESENTATION.-No payment may be made under a guarantee issued under this subchapter for a loss arising out of fraud or misrepresentation for which the party seeking payment is responsible. (c) No RIGHT OF ACCELERATION.—
The Secretary of Defense may not accelerate any guaranteed loan or increment, and may not pay any amount, in respect of a guarantee issued under this subchapter, other than in accordance with the original payment terms of the loan. (Added P.L. 104-106, § 1321(a)(1), Feb. 10, 1996, 110 Stat. 476.) $ 2540c. Fees charged and collected
(a) EXPOSURE FEES.—The Secretary of Defense shall charge a fee (known as "exposure fee”) for each guarantee issued under this subchapter.
(b) AMOUNT OF EXPOSURE FEE.—To the extent that the cost of the loan guarantees under this subchapter is not otherwise provided for in appropriations Acts, the fee imposed under subsection (a) with respect to a loan guarantee shall be fixed in an amount that is sufficient to meet potential liabilities of the United States under the loan guarantee.
(c) PAYMENT TERMS.—The fee under subsection (a) for each guarantee shall become due as the guarantee is issued. In the case of a guarantee for a loan which is disbursed incrementally, and for which the guarantee is correspondingly issued incrementally as portions of the loan are disbursed, the fee shall be paid incrementally in proportion to the amount of the guarantee that is issued.
(d) ADMINISTRATIVE FEES.—(1) The Secretary of Defense shall charge a fee for each guarantee issued under this subchapter to reflect the additional administrative costs of the Department of Defense that are directly attributable to the administration of the program under this
subchapter. Such fees shall be credited to a special account in the Treasury. Amounts in the special account shall be available, to the extent and in amounts provided in appropriations Acts, for paying the costs of administrative expenses of the Department of Defense that are attributable to the loan guarantee program under this subchapter.
(2)(A) If for any fiscal year amounts in the special account established under paragraph (1) are not available (or are not anticipated to be available) in a sufficient amount for administrative expenses of the Department of Defense for that fiscal year that are directly attributable to the administration of the program under this subchapter, the Secretary may use amounts currently available for operations and maintenance for Defense-wide activities, not to exceed $500,000 in any fiscal year, for those expenses.
(B) The Secretary shall, from funds in the special account established under paragraph (1), replenish operations and maintenance accounts for amounts expended under subparagraph (A) as soon as the Secretary determines practicable. (Added P.L. 104-106, $ 1321(a)(1), Feb. 10, 1996, 110 Stat. 476; P.L. 106–398, $ 1[1081(a)), Oct. 30, 2000, 114 Stat. 1654, 1654A-284.) $ 2540d. Definitions
In this subchapter: