(2) The term "military installation" has the meaning given such term under section 2687(e)(1) of title 10, United States Code. * (3) The term "base closure law" means the following: (A) The Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note). (B) Title II of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note). (C) Section 2687 of title 10, United States Code. (D) Any provision of law authorizing the closure or realignment of a military installation enacted on or after the date of the enactment of this Act [Oct. 23, 1992]. SEC. 375. [10 U.S.C. 7291 note] CONSIDERATION OF VESSEL LOCATION FOR THE AWARD OF LAYBERTH CONTRACTS FOR SEALIFT VESSELS. (a) CONSIDERATION OF VESSEL LOCATION IN THE AWARD OF LAYBERTH CONTRACTS.-As a factor in the evaluation of bids and proposals for the award of contracts to layberth sealift vessels of the Department of the Navy, the Secretary of the Navy shall include the location of the vessels, including whether the vessels should be layberthed at locations where (1) members of the Armed Forces are likely to be loaded onto the vessels; and (2) layberthing the vessels maximizes the ability of the vessels to meet mobility and training needs of the Department of Defense. (b) ESTABLISHMENT OF LOCATION AS A MAJOR CRITERION.-In the evaluation of bids and proposals referred to in subsection (a), the Secretary of the Navy shall give the same level of consideration to the location of the vessels as the Secretary gives to other major factors established by the Secretary. (c) APPLICABILITY.-Subsection (a) shall apply to any solicitation for bids or proposals issued after the end of the 120-day period beginning on the date of the enactment of this Act [Oct. 23, 1992]. TITLE VIII-ACQUISITION POLICY, ACQUISITION SEC. 835. [50 U.S.C. app. 2170a] PROHIBITION ON PURCHASE OF UNITED STATES DEFENSE CONTRACTORS BY ENTITIES CONTROLLED BY FOREIGN GOVERNMENTS. (a) IN GENERAL.-No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that (1) is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or (2) during the previous fiscal year, was awarded (A) Department of Defense prime contracts in an ag gregate amount in excess of $500,000,000; or (B) Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000. (b) INAPPLICABILITY TO CERTAIN CASES.-The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170). (c) DEFINITIONS.-In this section: (1) The term "entity controlled by a foreign government" includes (A) any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and (B) any individual acting on behalf of a foreign government, as determined by the President. (2) The term "proscribed category of information" means a category of information that * (A) with respect to Department of Defense contracts— (i) includes special access information; (ii) is determined by the Secretary of Defense to include information the disclosure of which to an entity controlled by a foreign government is not in the national security interests of the United States; and (iii) is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and (B) with respect to Department of Energy contracts— (i) is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and (ii) is defined in regulations prescribed by the Secretary of Energy for the purposes of this section. TITLE XLIV-PERSONNEL ADJUSTMENT, EDUCATION, AND TRAINING PROGRAMS Subtitle F-Job Training and Employment and Educational Opportunities SEC. 4471. [10 U.S.C. 2501 note] NOTICE TO CONTRACTORS AND EMPLOYEES UPON PROPOSED AND ACTUAL TERMINATION OR SUBSTANTIAL REDUCTION IN MAJOR DEFENSE PROGRAMS. (a) NOTICE REQUIREMENT AFTER ENACTMENT OF APPROPRIATIONS ACT.-Each year, not later than 60 days after the date of the enactment of an Act appropriating funds for the military functions of the Department of Defense, the Secretary of Defense, in accordance with regulations prescribed by the Secretary (1) shall identify each contract (if any) under major defense programs of the Department of Defense that will be terminated or substantially reduced as a result of the funding levels provided in that Act; and (2) shall ensure that notice of the termination of, or substantial reduction in, the funding of the contract is provided(A) directly to the prime contractor under the contract; and (B) directly to the Secretary of Labor. (b) NOTICE TO SUBCONTRACTORS.-Not later than 60 days after the date on which the prime contractor for a contract under a major defense program receives notice under subsection (a), the prime contractor shall (1) provide notice of that termination or substantial reduction to each person that is a first-tier subcontractor under that prime contract for subcontracts in an amount not less than $500,000; and (2) require that each such subcontractor (A) provide such notice to each of its subcontractors for subcontracts in an amount in excess of $100,000; and (B) impose a similar notice and pass through requirement to subcontractors in an amount in excess of $100,000 at all tiers. (c) CONTRACTOR NOTICE TO EMPLOYEES AND STATE DISLOCATED WORKER UNIT.-Not later than two weeks after a defense contractor receives notice under subsection (a), the contractor shall provide notice of such termination or substantial reduction to (1)(A) each representative of employees whose work is directly related to the defense contract under such program and who are employed by the defense contractor; or (B) if there is no such representative at that time, each such employee; and (2) the State dislocated worker unit or office described in section 311(b)(2) of the Job Training Partnership Act (29 U.S.C. 1661(b)(2)) and the chief elected official of the unit of general local government within which the adverse effect may occur. (d) CONSTRUCTIVE NOTICE.-The notice of termination of, or substantial reduction in, a defense contract provided under subsection (c)(1) to an employee of a contractor shall have the same effect as a notice of termination to such employee for the purposes of determining whether such employee is eligible for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act (29 U.S.C. 1662d, 1662d1), except where the employer has specified that the termination of, or substantial reduction in, the contract is not likely to result in plant closure or mass layoff. Any employee considered to have received such notice under the preceding sentence shall only be eligible to receive services under section 314(b) of such Act (29 U.S.C. 1661c(b)) and under paragraphs (1) through (14), (16), and (18) of section 314(c) of such Act (29 U.S.C. 1661c(c)). (e) 1 LOSS OF ELIGIBILITY.—An employee who receives a notice of withdrawal or cancellation of the termination of, or substantial reduction in, contract funding shall not be eligible for training, adjustment assistance, and employment services under section 325 or 325A of the Job Training Partnership Act (29 U.S.C. 1662d, 1662d-1) beginning on the date on which the employee receives the notice. (f) DEFINITIONS. For purposes of this section: (1) The term "major defense program" means a program that is carried out to produce or acquire a major system (as defined in section 2302(5) of title 10, United States Code). (2) The terms "substantial reduction" and "substantially reduced", with respect to a defense contract under a major defense program, mean a reduction of 25 percent or more in the total dollar value of the funds obligated by the contract. 1 Margin of subsection (e) so in law. NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEARS 1992 AND 1993 (P.L. 102-190, approved Dec. 5, 1991) TITLE VIII-ACQUISITION POLICY, ACQUISITION PART A-ACQUISITION PROCESS SEC. 806. [10 U.S.C. 2302 note] PAYMENT PROTECTIONS FOR SUBCONTRACTORS AND SUPPLIERS. (a) REGULATIONS.-The Secretary of Defense shall prescribe in regulations the following requirements: (1) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELATING TO PAYMENT.-(A) Subject to section 552(b)(1) of title 5, United States Code, upon the request of a subcontractor or supplier of a contractor performing a Department of Defense contract, the Department of Defense shall promptly make available to such subcontractor or supplier the following information: (i) Whether requests for progress payments or other payments have been submitted by the contractor to the Department of Defense in connection with that contract. (ii) Whether final payment to the contractor has been made by the Department of Defense in connection with that contract. (B) This paragraph shall apply with respect to any Department of Defense contract that is in effect on the date which is 270 days after the date of enactment of this Act [Dec. 5, 1991] or that is awarded after such date. (2) INFORMATION PROVIDED BY DEPARTMENT OF DEFENSE RELATING TO PAYMENT BONDS.—(A) Upon the request of a subcontractor or supplier described in subparagraph (B), the Department of Defense shall promptly make available to such subcontractor or supplier any of the following: (i) The name and address of the surety or sureties on the payment bond. (ii) The penal amount of the payment bond. (iii) A copy of the payment bond. (B) Subparagraph (A) applies to— (i) a subcontractor or supplier having a subcontract, purchase order, or other agreement to furnish labor or material for the performance of a Department of Defense contract with respect to which a payment bond has been furnished to the United States pursuant to the Miller Act; and |