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50 U.S.C. § 4568 — Prohibition on purchase of United States defense contractors by entities controlled by foreign governments
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** 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 4565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4565&num=0&edition=prelim).
**(c) Definitions** 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 th
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Stable record: federal_law:legal_authorities:record_usc_1f89c0edb07aaf52ed18aa85
Source file: Laws/federal/codes/united-states-code/title-50/section-4568-prohibition-on-purchase-of-united-states-defense-contractors-by-entities--19e239c49e.md
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Passage SHA-256: 357f7df14bc59920099caf35a663b20ee432c9657f5a0c6c4f5a78b242b1ad33
Source location: Title 50, Chapter 55, § 4568; chapter-055-defense-production.md
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**(a) In general** 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 4565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4565&num=0&edition=prelim).
**(c) Definitions** 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.
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4565
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) When requested by a committee of Congress having jurisdiction over receipts or appropriations, the President shall provide the committee with assistance and information.
(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.
**(b)** When requested by a committee of Congress, by the Comptroller General, or by the Director of the Congressional Budget Office, the Secretary of the Treasury, the Director of the Office of Management and Budget, and the head of each executive agency shall—
(1) provide information on the location and kind of available fiscal, budget, and program information;
(2) to the extent practicable, prepare summary tables of that fiscal, budget, and program information and related information the committee, the Comptroller General, or the Director of the Congressional Budget Office considers necessary; and
(3) provide a program evaluation carried out or commissioned by an executive agency.
**(c)** In cooperation with the Director of the Congressional Budget Office, the Secretary, and the Director of the Office of Management and Budget, the Comptroller General shall—
(1) establish and maintain a current directory of sources of, and information systems for, fiscal, budget, and program information and a brief description of the contents of each source and system;
(2) when requested, provide assistance to committees of Congress and members of Congress in obtaining information from the sources in the directory; and
(3) when requested, provide assistance to committees and, to the extent practicable, to members of Congress in evaluating the information obtained from the sources in the directory
Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 1113
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The President, or the head of an agency to which the President has delegated authorities under this subchapter, shall submit a report and provide a briefing to the appropriate congressional committees with respect to any action taken pursuant to such authorities—
(1) except as provided by paragraph (2), not later than 30 days after taking the action; and
(2) in the case of an action that involves a business concern in the United Kingdom or Australia, not later than 30 days before taking the action.
**(b) Elements**
(1) **In general** — Each report and briefing required by subsection (a) with respect to an action described in that subsection shall include—
(A) a justification of the necessity of the use of authorities under this subchapter; and
(B) a description of the financial terms of any related financial transaction.
(2) **Additional elements relating to business concerns in the United Kingdom or Australia** — Each report and briefing required by subsection (a) with respect to an action described in paragraph (2) of that subsection shall include, in addition to the elements under paragraph (1)—
(A) a certification that business concerns in the United States or Canada were not available with respect to the action; and
(B) an analysis of why such business concerns were not available.
**(c) Appropriate congressional committees defined** In this section, the term “appropriate congressional committees” means—
(1) the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives; and
(2) in the case of an action described in subsection (a) involving materials critical to national security (as defined in [section 4552(7)(B)(ii)(II)(bb) of this title](https://usco
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4552
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Federal law — U.S. Code and appendices · legal_authorities
Any officer or agency head may—
(1) appoint civilian personnel without regard to [section 5331(b) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5331/b&num=0&edition=prelim) and without regard to the provisions of title 5 governing appointments in the competitive service; and
(2) fix the rate of basic pay for such personnel without regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5 relating to classification and General Schedule pay rates,
except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS–18 of the General Schedule, as the President deems appropriate to carry out this chapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4555
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Federal law — U.S. Code and appendices · legal_authorities
Page 1174
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4568
Subsec. (d)(3). Pub. L. 113–172, § 2(4)(E), amended par.
(3) generally. Prior to amendment, par. (3) read as fol-
lows: ‘‘recommendations for legislation, regulations,
executive orders, or other action by the Federal Gov-
ernment necessary to improve the use of the authority
described in paragraph (1); and’’.
Subsec. (d)(4). Pub. L. 113–172, § 2(4)(F), substituted
‘‘the use of the priorities and allocations authorities in
this chapter;’’ for ‘‘all aspects of the authority de-
scribed in paragraph (1).’’
Subsec. (d)(5), (6). Pub. L. 113–172, § 2(4)(G), added pars.
(5) and (6).
2009—Pub. L. 111–67 amended section generally. Prior
to amendment, section related to defense industrial
base information system with regard to its establish-
ment, sources of information, strategic plan for devel-
oping comprehensive system, capabilities, and required
report on subcontractor and supplier base.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section deemed to have become effective Mar. 1, 1992,
see section 304 of Pub. L. 102–558, set out as an Effective
Date of 1992 Amendment note under section 4502 of this
title.
Executive Documents
DESIGNATING THE CHAIRPERSON OF THE DEFENSE
PRODUCTION ACT COMMITTEE
Memorandum of President of the United States, May
19, 2010, 75 F.R. 32087, provided:
Memorandum for the Secretary of Defense [and] the
Secretary of Homeland Security
Pursuant to the authority vested in me by section
722(b)(2) of the Defense Production Act of 1950, as
amended (section 11 of Public Law 111–67; 50 App. U.S.C.
2171) [now 50 U.S.C. 4567(b)(2)] (the ‘‘Act’’), I hereby des-
ignate the Secretary of Homeland Security and the
Secretary of Defense as rotating Chairpersons of the
Defense Product
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4568
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