2020 US Code
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
10 U.S.C. § 2537 (2020) |
§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 $10,000,000 in any single year by the Department of Defense or the Department of Energy. (b) Technology Risk Assessment Requirement.—(1) If the Secretary of Defense is acting as a designee of the President under section 721(a) 1 of the Defense Production Act of 1950 (50 U.S.C. 4565(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, §838(a), Oct. 23, 1992, 106 Stat. 2465; amended Pub. L. 103–35, title II, §201(d)(5), (h)(2), May 31, 1993, 107 Stat. 99, 100; Pub. L. 107–314, div. A, title X, §1041(a)(16), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 114–328, div. A, title X, §1081(b)(4)(B), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, §1051(a)(19), Dec. 12, 2017, 131 Stat. 1561.) |
Renumbering of Section
Pub. L. 116–283, div. A, title XVIII, §§1801(d), 1870(f)(2), Jan. 1, 2021, 134 Stat. 4151, 4287, provided that, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, this section is transferred to chapter 385 of this title, as added by section 1870(a) of Pub. L. 116–283, inserted after the table of sections at the beginning of subchapter V, and redesignated as section 4891 of this title. See Effective Date of 2021 Amendment note below. REFERENCES IN TEXTSection 721(a) of the Defense Production Act of 1950, referred to in subsec. (b), is section 721(a) of act Sept. 8, 1950, ch. 932, as added by Pub. L. 100–418, title V, §5021, Aug. 23, 1988, 102 Stat. 1425, which is classified to section 4565(a) of Title 50, War and National Defense. Section 721(a) of the Act was struck out, and a new section 721(a) was added, by Pub. L. 110–49, §2, July 26, 2007, 121 Stat. 246. As so added, section 721(a) does not refer to investigations by the President or the President's designee. AMENDMENTS2017—Subsecs. (b), (c). Pub. L. 115–91 redesignated subsec. (c) as (b) and struck out former subsec. (b) which required annual reports to Congress regarding the information collected under subsec. (a). 2016—Subsec. (c). Pub. L. 114–328 substituted "(50 U.S.C. 4565(a))" for "(50 U.S.C. App. 2170(a))". 2002—Subsec. (a). Pub. L. 107–314 substituted "$10,000,000" for "$100,000". 1993—Subsec. (a). Pub. L. 103–35, §201(d)(5), substituted "respectively, that" for "respectively, which". Subsec. (d). Pub. L. 103–35, §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." EFFECTIVE DATE OF 2021 AMENDMENTAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. |
1 See References in Text note below. |
United States Code, 2018 Edition, Supplement 2, Title 10 - ARMED FORCES |
Bills and Statutes |
United States Code |
Y 1.2/5: |
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 |
section 2537 |
2020 |
January 13, 2021 |
Yes |
standard |
102 Stat. 1425 106 Stat. 2465 107 Stat. 99 116 Stat. 2645 121 Stat. 246 130 Stat. 2419 131 Stat. 1561 134 Stat. 4151 |
Public Law 100-418, Public Law 102-484, Public Law 103-35, Public Law 107-314, Public Law 110-49, Public Law 114-328, Public Law 115-91, Public Law 116-283 |