123STA T . 2 0 21 PUBLIC LA W 111 –67— S E PT. 30 , 200 9UnitedS t a te sTr ade R e p resentati v ein co nnection w it h the preparation o f s u ch report
and ‘ ‘ (C) function as the P resident ’ s Ex ecutive Ag ent for carr y ing out this section . ‘‘( b ) INTERAG EN CY ST UDI E S AND RE L ATED D ATA. — ‘‘( 1 ) PUR PO SEO F REPORT.—Each report re q uired under sub - section (a) sha l l identify the cu m ulative effects of offset agree- ments on— ‘‘(A) the full range of domestic defense productive capa- bility (with special attention paid to the firms serving as lower-tier subcontractors or suppliers); and ‘‘( B ) the domestic defense technology base as a con- sequence of the technology transfers associated with such offset agreements. ‘‘( 2 ) USE OF DATA.—Data developed or compiled by any agency while conducting any interagency study or other inde- pendent study or analysis shall be made available to the Sec- retary to facilitate the execution of the Secretary’s responsibil- ities with respect to trade offset and countertrade policy development. ‘‘(c) N OTICE OF O FFSET AGREE M ENTS.— ‘‘(1) IN GENERAL.—If a United States firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is sub j ect to an offset agreement exceeding $5,0 00,000 in value, such firm shall furnish to the official designated in the regula- tions promulgated pursuant to paragraph (2) information con- cerning such sale. ‘‘(2) REGULATIONS.—The information to be furnished under paragraph (1) shall be prescribed in regulations promulgated by the Secretary. Such regulations shall provide protection from public disclosure for such information, unless public disclo- sure is subsequently specifically authori z ed by the firm fur- nishing the information. ‘‘(d) CONTENTS OF REPORT.— ‘‘(1) IN GENERAL.—Each report under subsection (a) shall include— ‘‘(A) a net assessment of the elements of the industrial base and technology base covered by the report; ‘‘(B) recommendations for appropriate remedial action under the authority of this Act, or other law or regulations; ‘‘(C) a summary of the findings and recommendations of any interagency studies conducted during the reporting period under subsection (b); ‘‘(D) a summary of offset arrangements concluded during the reporting period for which information has been furnished pursuant to subsection (c); and ‘‘(E) a summary and analysis of any bilateral and multilateral negotiations relating to the use of offsets com- pleted during the reporting period. ‘‘(2) ALTERNATI V E FINDINGS OR RECOMMENDATIONS.—Each report required under this section shall include any alternative findings or recommendations offered by any departmental Sec- retary, agency head, or the United States Trade Representative to the Secretary. ‘‘(e) UTILI Z ATION OF ANNUAL REPORT IN NEGOTIATIONS.—The findings and recommendations of the reports required by subsection
