Pub. L. 116-283, div. A, tit. XVIII, subtit. I, sec. 1870
OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS.
SEC. 1870. OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS.(a) New Chapter.—Part V of subtitle A of title 10, United States Code, as added by section 801 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), is amended by adding after chapter 384, as added by the preceding section, the following new chapter:“CHAPTER 385—OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS “Subchapter Sec. “I. Defense Trade Reciprocity and Offset Policy 4851 “II. Limitations on Procurement of Certain Items from Foreign Sources 4861 “III. Limitations on Procurement from Certain Foreign Sources 4871 “IV. Defense Industrial Reserve and Industrial Mobilization 4881 “V. Other Matters 4891 “SUBCHAPTER I—DEFENSE TRADE RECIPROCITY AND OFFSET POLICY “Sec. “4851. Defense memoranda of understanding and related agreements. “4852. Offset policy; notification.”. (b) Transfer and Redesignation of Sections 2531 and 2532.—Sections 2531 and 2532 of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection 134 STAT. 4285 (a), inserted after the table of sections at the beginning of subchapter I, and redesignated as sections 4851 and 4852, respectively.(c) Subchapter Ii.—(1) Designation of subchapter ii.—Chapter 385 of title 10, United States Code, is further amended by adding after subchapter I, as amended by subsection (b), the following: “SUBCHAPTER II—LIMITATIONS ON PROCUREMENT OF CERTAIN ITEMS FROM FOREIGN SOURCES “Sec. “4861. Determinations of public interest under chapter 83 of title 41. “4862. Requirement to buy certain articles from American sources; exceptions. “4863. Requirement to buy strategic materials critical to national security from American sources; exceptions. “4864. Miscellaneous limitations on the procurement of goods other than United States goods.”. (2) Transfer and redesignation of sections 2533, 2533a, 2533b, and 2534.—Sections 2533, 2533a, 2533b, and 2534 of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter II, and redesignated as sections 4861, 4862, 4863, and 4864, respectively.(3) Conforming cross-reference amendments.—Section 4864 of such title, as so transferred and redesignated, is amended—(A) in subsection (d)(3), by striking by striking “section 2531” and inserting “section 4851”;(B) in subsection (e)(3), by striking “section 2532(d)(1)” and inserting “section 4852(d)(1)”; and(C) in paragraph (2)(B) of the first subsection (k) (relating to “Limitation on certain procurements application process”), by striking “section 2500(1)” both places it appears and inserting “section 4801(1)”.(4) Additional technical amendments.—Section 4864 of such title, as so transferred and redesignated, is further amended by redesignating the second subsection (k) (added by section 853(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92)) as subsection (l).(5) Conforming amendment.—Section 854(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2533b note) is amended by striking “section 2533a(b)” and inserting “section 4862(b)”.(6) Cross-reference amendments.—(A) Section 2375(e)(2) of title 10, United States Code, is amended by striking “section 2533a” and “section 2533b” and inserting “section 4862” and “section 4863”, respectively.(B) Section 8118 of Public Law 108–287 (10 U.S.C. 2533a note) is amended by striking “section 2533a(f)” and inserting “section 4862(f)”.(C) Section 187(b)(5) of title 10, United States Code, is amended by striking “section 2533b” and inserting “section 4863”.(d) Subchapter Iii.—(1) Designation of subchapter iii.—Chapter 385 of title 10, United States Code, is further amended by adding after subchapter II, as added by subsection (c)(1), the following:134 STAT. 4286 “SUBCHAPTER III—LIMITATIONS ON PROCUREMENT FROM CERTAIN FOREIGN SOURCES “Sec. “4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition. “4872. Award of certain contracts to entities controlled by a foreign government: prohibition.”. (2) Transfer and redesignation of sections 2533c and 2536.—Sections 2533c and 2536 of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter III, and redesignated as sections 4871 and 4872, respectively.(3) Cross-reference and clerical amendments.—(A) Section 4871 of such title, as so transferred and redesignated, is amended by striking “section 2533b(m)” in subsection (d)(3) and inserting “section 4863(m)”.(B) The heading of such section is amended to read as follows: “§ 4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition” .(4) Conforming cross-reference amendment.—Section 2572(e)(2)(A) of title 10, United States Code, is amended by striking “section 2536(c)(1)” and inserting “section 4872(c)(1)”.(e) Subchapter Iv.—(1) Designation of subchapter iv.—Chapter 385 of title 10, United States Code, is further amended by adding after subchapter III, as added by subsection (d), the following: “SUBCHAPTER IV—DEFENSE INDUSTRIAL RESERVE AND INDUSTRIAL MOBILIZATION “Sec. “4881. Defense Industrial Reserve. “4882. Industrial mobilization: orders; priorities; possession of manufacturing plants; violations. “4883. Industrial mobilization: plants; lists. “4884. Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness.”. (2) Transfer and redesignation of sections 2535, 2538, 2539, and 2539a.—(A) In general.—Sections 2535, 2538, 2539, and 2539a of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter IV, and redesignated as sections 4881, 4882, 4883, and 4884, respectively.(B) Cross-reference amendment.—Section 4884 of such title, as so transferred and redesignated, is amended by striking “sections 2538 and 2539” and inserting “sections 4882 and 4883”.(f) Subchapter V.—(1) Designation of subchapter v.—Chapter 385 of title 10, United States Code, is further amended by adding after subchapter IV, as added by subsection (e), the following: “SUBCHAPTER V—OTHER MATTERS “Sec. “4891. Improved national defense control of technology diversions overseas.134 STAT. 4287 “4892. Availability of samples, drawings, information, equipment, materials, and certain services.”. (2) Transfer and redesignation of sections 2537 and 2539b.—Sections 2537 and 2539b of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter V, and redesignated as sections 4891 and 4892, respectively.