Title 50War and National DefenseRelease 119-73

§4566 Prohibition on purchase of United States defense contractors by entities controlled by foreign governments

Title 50 › Chapter CHAPTER 55— - DEFENSE PRODUCTION › Subchapter SUBCHAPTER III— - GENERAL PROVISIONS › § 4566

Last updated Apr 6, 2026|Official source

Summary

Blocks a company controlled by a foreign government from merging with, buying, or taking over a U.S. business that does interstate commerce if that U.S. business is working on a Department of Defense contract or a Department of Energy national‑security contract that needs access to specially protected information, or if in the previous fiscal year it won more than $500,000,000 in DoD prime contracts or more than $500,000,000 in DoE national‑security prime contracts. This rule does not apply if the deal is not suspended or prohibited under section 4565. An "entity controlled by a foreign government" means any organization, inside or outside the U.S., that is effectively owned or run by a foreign government, and any person acting for that government. A "proscribed category of information" means types of information the Secretaries of Defense or Energy decide would threaten U.S. national security if shared with such an entity; the Secretaries set the exact list in their regulations.

Full Legal Text

Title 50, §4566

War and National Defense — Source: USLM XML via OLRC

(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)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)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.
(c)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,
(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.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 2170a of the former Appendix to this title prior to editorial reclassification and renumbering as 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 this chapter.

Reference

Citations & Metadata

Citation

50 U.S.C. § 4566

Title 50War and National Defense

Last Updated

Apr 6, 2026

Release point: 119-73