2012 US Code
Title 50 - War and National Defense
Appendix (§§ 1 - 2420)
DEFENSE PRODUCTION ACT OF 1950 (§§ 2061 - 2172)
ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798 (§§ 2061 - 2172)
Title VII - GENERAL PROVISIONS (§§ 2151 - 2172)
Section 2170a - Prohibition on purchase of United States defense contractors by entities controlled by foreign governments
Publication Title | United States Code, 2012 Edition, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE TITLE 50 - APPENDIX-WAR AND NATIONAL DEFENSE DEFENSE PRODUCTION ACT OF 1950 ACT SEPT. 8, 1950, CH. 932, 64 STAT. 798 TITLE VII - GENERAL PROVISIONS Sec. 2170a - Prohibition on purchase of United States defense contractors by entities controlled by foreign governments |
Contains | section 2170a |
Date | 2012 |
Laws in Effect as of Date | January 15, 2013 |
Positive Law | No |
Disposition | standard |
Source Credit | Pub. L. 102-484, div. A, title VIII, §835, Oct. 23, 1992, 106 Stat. 2461. |
Statutes at Large References | 64 Stat. 798 106 Stat. 2461 |
Public Law Reference | Public Law 102-484 |
Download PDF
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 casesThe 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) DefinitionsIn 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.
(Pub. L. 102–484, div. A, title VIII, §835, Oct. 23, 1992, 106 Stat. 2461.)
CodificationSection 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 2061 to 2170, 2171, and 2172 of this Appendix.
Disclaimer: These codes may not be the most recent version. The United States Government Printing Office may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the US site. Please check official sources.