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50 U.S.C. § 4566

Verified against govinfo.gov as of June 20, 2026View official text on govinfo.gov ↗
  1. (a)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. (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. (2)during the previous fiscal year, was awarded—
      1. (A)Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or
      2. (B)Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000.
  2. (b)The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to section 4565 of this title.
  3. (c)In this section:
    1. (1)The term “entity controlled by a foreign government” includes—as determined by the President.
      1. (A)any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; and
      2. (B)any individual acting on behalf of a foreign government,
    2. (2)The term “proscribed category of information” means a category of information that—
      1. (A)with respect to Department of Defense contracts—
        1. (i)includes special access information;
        2. (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
        3. (iii)is defined in regulations prescribed by the Secretary of Defense for the purposes of this section; and
      2. (B)with respect to Department of Energy contracts—
        1. (i)is determined by the Secretary of Energy to include information described in subparagraph (A)(ii); and
        2. (ii)is defined in regulations prescribed by the Secretary of Energy for the purposes of this section.