Sec. 143. Promoting domestic production of technologies developed under defense research and development activities
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In this section: The terms beneficial owner and beneficial ownership shall be determined in a manner that is not less stringent than the manner set forth in section 240.13d–3 of title 17, Code of Federal Regulations (as in effect on the date of the enactment of this Act). The term company means any corporation, company, limited liability company, limited partnership, business trust, business association, or other similar entity. The term domestic , with respect to development or production, means development or production by, or with respect to source means the source is, a company incorporated or formed in the United States— that is not under foreign ownership, control, or influence; whose beneficial owners are United States persons; whose management are United States citizens; whose principal place of business is in the United States; and who is not— a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity; or any joint venture if more than 10 percent of the joint venture (by vote or value) is held by a foreign incorporated entity that is an inverted domestic corporation or any subsidiary of such entity.
The terms foreign ownership, control, or influence and FOCI have the meanings given those terms in the National Industrial Security Program Operating Manual (DOD 5220.22–M), or a successor document. The Secretary of Defense shall establish policies to promote the domestic production and for secure supply chains of technologies developed under section 2358 of title 10, United States Code. The policies developed under subsection
(b)shall include the following: Measures to partner domestic developers of technologies under defense research and development activities with domestic manufacturers and sources of financing, as well as to assure secure supply chain management for any non-domestic manufacturers. Measures to prioritize procurement of technologies developed under defense research and development activities from domestic sources. Requirements that all contracts, transactions, and agreements entered into under section 2358(b) of title 10, United States Code, shall include conditions where developers of technologies under defense research and development activity who manufacture such technology outside the United States may be required to refund to the United States an appropriate amount of funding, which shall include the present value of the future value lost by the United States as a result of such technology being manufactured outside the United States, under reasonable conditions and procedures determined by the Secretary in the interest of protecting taxpayers. Requirements that technical data developed under defense research and development activities may be transferred by the Department of Defense for the purpose of domestic manufacturing for procurement activities of the Department of Defense.