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 aggregate 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 App. U.S.C. 2170).
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.
Section was enacted as part of the National Defense Authorization Act for Fiscal Year 1993, and not as part of the Defense Production Act of 1950 which comprises sections
2172 of this Appendix.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, April 16, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.