EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF CERTAIN ACQUISITION LAWS APPLICABLE TO THE ARMY AND AIR FORCE.

SEC. 822. EXTENSION TO DEPARTMENT OF DEFENSE GENERALLY OF CERTAIN ACQUISITION LAWS APPLICABLE TO THE ARMY AND AIR FORCE. (a) Industrial Mobilization.—(1) Subchapter V of chapter 148 of title 10, United States Code, is amended by adding at the end the following new sections: “§ 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 Secretary of Defense, 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 Secretary of Defense, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the Secretary of Defense 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); 107 STAT. 1705 “(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the Secretary; or “(3) to furnish them at a reasonable price as determined by the Secretary. “(d) Use of Seized Plant.—The President, through the Secretary of Defense, 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. “§ 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. “§ 2540. 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.”. (2) Sections 4501, 4502, 9501, and 9502 of title 10, United States Code, are repealed. (b) Availability of Samples, Drawings, Information, Equipment, Materials, and Certain Services.—(1) Subchapter V of chapter 148 of title 10, United States Code, is further amended by adding at the end the following: 107 STAT. 1706 “§ 2541. 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, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity; “(2) sell 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 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.”. (2) Section 2314 of title 10, United States Code, is amended by inserting “or sale” after “procurement”. (3) Sections 4506, 4507, 4508, 9506, and 9507 of title 10, United States Code, are repealed. (c) Procurement for Experimental Purposes.—(1) Chapter 139 of title 10, United States Code, is amended by adding at the end the following new section: “§ 2373. Procurement for experimental purposes “(a) Authority.—The Secretary of Defense and the Secretaries of the military departments may each buy ordnance, signal, and chemical activity supplies, including parts and accessories, and designs thereof, that the Secretary of Defense or the Secretary concerned considers necessary for experimental or test purposes in the development of the best supplies that are needed for the national defense. “(b) Procedures.—Purchases under this section may be made inside or outside the United States and by contract or otherwise. Chapter 137 of this title applies when such purchases are made in quantity.”. 107 STAT. 1707 (2) Sections 4504 and 9504 of title 10, United States Code, are repealed. (d) Acceptance of Gratuitous Services of Certain Reserve Officers.—(1) Chapter 11 of title 10, United States Code, is amended by inserting after section 278 the following new section: “§ 279. Authority to accept certain gratuitous services of officers “Notwithstanding section 1342 of title 31, the Secretary of a military department may accept the gratuitous services of an officer of a reserve component under the Secretary’s jurisdiction (other than an officer of the Army National Guard of the United States or the Air National Guard of the United States)— “(1) in the furtherance of the enrollment, organization, and training of that officer’s reserve component or the Reserve Officers’ Training Corps; or “(2) in consultation upon matters relating to the armed forces.”. (2) Sections 4541 and 9541 of title 10, United States Code, are repealed.