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50 U.S.C. § 4583 — Prohibition on investments
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
**(b) Evasion** Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
**(c) Exemptions**
(1) **National interest exemption** — Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
(2) **Intelligence exemption** — Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
**(d) Congressional notification** The Secretary shall—
(1) notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
(2) include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
**(e) Regulations**
(1) **In general** — The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice an
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4583
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Stable record: federal_law:legal_authorities:record_usc_9481aa3c55527c5ab34e48c4
Source file: Laws/federal/codes/united-states-code/title-50/section-4583-prohibition-on-investments--8c07ee0370.md
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Passage SHA-256: c178fd712ffca386e5c9f87fe24b49e68da71cde5281d56924215fba8fe0c894
Source location: Title 50, Chapter 55, § 4583; chapter-055-defense-production.md
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**(a) In general** The Secretary may prohibit, in accordance with regulations issued under subsection (e), a United States person, including its controlled foreign entities, from knowingly engaging in a covered national security transaction in any prohibited technology.
**(b) Evasion** Any action that evades or avoids, has the purpose of evading or avoiding, causes a violation of, or attempts to violate the prohibition set forth in subsection (a) is prohibited.
**(c) Exemptions**
(1) **National interest exemption** — Subject to subsection (d), the Secretary is authorized to exempt from the prohibition set forth in subsection (a) any activity determined by the President, in consultation with the Secretary, or delegated to the Secretary, in coordination with the Secretary of Commerce, the Secretary of State, and, as appropriate, the heads of other relevant Federal departments and agencies, to be in the national interest of the United States.
(2) **Intelligence exemption** — Regulations issued under subsection (e) shall not apply to any authorized intelligence activities of the United States.
**(d) Congressional notification** The Secretary shall—
(1) notify the appropriate congressional committees not later than five business days after issuing an exemption under subsection (c); and
(2) include in such notification an identification of the national interest justifying the use of the exemption, subject to appropriate confidentiality and classification requirements.
**(e) Regulations**
(1) **In general** — The Secretary, in consultation with the Secretary of Commerce, the Secretary of State and, as appropriate, the heads of other relevant Federal departments and agencies, may issue or update existing regulations to carry out this section subject to public notice and comment in accordance with subchapter II of chapter 5 and chapter 7 of title 5, and not subject to the requirements of [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim). The regulations issued pursuant to this paragraph shall, as necessary, amend, terminate, supersede, revoke, or streamline existing requirements in part 850 of title 31, Code of Federal Regulations (the Outbound Investment Rule) and shall provide a reasonable timeframe for compliance.
(2) **Non-binding feedback**
(A) *In general* — The regulations issued under paragraph (1) shall include a process under which a person can request to receive non-binding feedback on a confidential basis, or as anonymized guidance to the public, as to whether a transaction would constitute a covered national security transaction in a prohibited technology.
(B) *Authority to limit frivolous feedback requests* — In establishing the process required by subparagraph (A), the Secretary may prescribe limitations on requests for feedback identified as frivolous for purposes of this subsection.
(3) **Notice; opportunity to cure**
(A) *In general* — The regulations issued under paragraph (1) shall account for whether a United States person has self-identified and self-disclosed a violation of the prohibition set forth in subsection (a) in determining the legal consequences of that violation.
(B) *Self-disclosure letters* — The regulations issued under paragraph (1) shall dictate the form and content of a letter of self-disclosure, which shall include relevant facts about the violation, why the United States person believes its activity to have violated the prohibition set forth in subsection (a), and a proposal for mitigation of the harm of such action.
(4) **Low-burden regulations** — In issuing regulations under paragraph (1), the Secretary should balance the priority of protecting the national security interest of the United States while, to the extent practicable—
(A) minimizing the cost and complexity of compliance for affected parties, including the duplication of reporting requirements under current regulations;
(B) adopting the least burdensome alternative that achieves regulatory objectives; and
(C) prioritizing transparency and stakeholder involvement in the process of issuing the rules.
(5) **Burden of proof** — In accordance with [section 556(d) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section556/d&num=0&edition=prelim), in an enforcement action for a violation of the prohibition set forth in subsection (a), the burden of proof shall be upon the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
The Congress finds the following:
(1) In 1980, the United States opened trade relations with the People’s Republic of China by entering into a bilateral trade agreement, which was approved by joint resolution enacted pursuant to [section 2435(c) of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2435/c&num=0&edition=prelim).
(2) Since 1980, the President has consistently extended nondiscriminatory treatment to products of the People’s Republic of China, pursuant to his authority under [section 2434 of title 19](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2434&num=0&edition=prelim).
(3) Since 1980, the United States has entered into several additional trade-related agreements with the People’s Republic of China, including a memorandum of understanding on market access in 1992, two agreements on intellectual property rights protection in 1992 and 1995, and an agreement on agricultural cooperation in 1999.
(4) Trade in goods between the People’s Republic of China and the United States totaled almost $95,000,000,000 in 1999, compared with approximately $18,000,000,000 in 1989, representing growth of approximately 428 percent over 10 years.
(5) The United States merchandise trade deficit with the People’s Republic of China has grown from approximately $6,000,000,000 in 1989 to over $68,000,000,000 in 1999, a growth of over 1,000 percent.
(6) The People’s Republic of China currently restricts imports through relatively high tariffs and nontariff barriers, including import licensing, technology transfer, and local content requirements.
(7) United States businesses attempting to sell goods to markets in the People’s Republic of China have complained of uneven application of tariffs, customs procedures,
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 6901
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat.
**(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
No person shall be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with a rule, regulation, or order issued pursuant to this chapter, notwithstanding that any such rule, regulation, or order shall thereafter be declared by judicial or other competent authority to be invalid. No person shall discriminate against orders or contracts to which priority is assigned or for which materials or facilities are allocated under subchapter I of this chapter or under any rule, regulation, or order issued thereunder, by charging higher prices or by imposing different terms and conditions for such orders or contracts than for other generally comparable orders or contracts, or in any other manner.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4559
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of covered communications equipment or services list** Not later than 1 year after March 12, 2020, the Commission shall publish on its website a list of covered communications equipment or services.
**(b) Publication by Commission** The Commission shall place on the list published under subsection (a) any communications equipment or service, if and only if such equipment or service—
(1) is produced or provided by any entity, if, based exclusively on the determinations described in paragraphs (1) through (4) of subsection (c), such equipment or service produced or provided by such entity poses an unacceptable risk to the national security of the United States or the security and safety of United States persons; and
(2) is capable of—
(A) routing or redirecting user data traffic or permitting visibility into any user data or packets that such equipment or service transmits or otherwise handles;
(B) causing the network of a provider of advanced communications service to be disrupted remotely; or
(C) otherwise posing an unacceptable risk to the national security of the United States or the security and safety of United States persons.
**(c) Reliance on certain determinations** In taking action under subsection (b)(1), the Commission shall place on the list any communications equipment or service that poses an unacceptable risk to the national security of the United States or the security and safety of United States persons based solely on one or more of the following determinations:
(1) A specific determination made by any executive branch interagency body with appropriate national security expertise, including the Federal Acquisition Security Council established under [section 1322(a) of title 41](https://uscode.house.gov/view.xhtml?req=gran
Source: Supplied U.S. Code snapshot — release unconfirmed · 47 U.S.C. § 1601
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) At the times and to the extent specified in [section 1701 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1701&num=0&edition=prelim), the President may, under such regulations as he may prescribe, by means of instructions, licenses, or otherwise—
(A) investigate, regulate, or prohibit—
(i) any transactions in foreign exchange,
(ii) transfers of credit or payments between, by, through, or to any banking institution, to the extent that such transfers or payments involve any interest of any foreign country or a national thereof,
(iii) the importing or exporting of currency or securities,
by any person, or with respect to any property, subject to the jurisdiction of the United States;
(B) investigate, block during the pendency of an investigation, regulate, direct and compel, nullify, void, prevent or prohibit, any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation or exportation of, or dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which any foreign country or a national thereof has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States; and.11 So in original. The period probably should not appear.
(C) when the United States is engaged in armed hostilities or has been attacked by a foreign country or foreign nationals, confiscate any property, subject to the jurisdiction of the United States, of any foreign person, foreign organization, or foreign country that he determines has planned, authorized, aided, or engaged in such hostilities or attacks against the United States; and all right, title, and interest in any prop
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1702
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Unlawful acts** It shall be unlawful for a person to violate, attempt to violate, conspire to violate, or cause a violation of any license, order, regulation, or prohibition issued under this chapter.
**(b) Civil penalty** A civil penalty may be imposed on any person who commits an unlawful act described in subsection (a) in an amount not to exceed the greater of—
(1) $250,000; or
(2) an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.
**(c) Criminal penalty** A person who willfully commits, willfully attempts to commit, or willfully conspires to commit, or aids or abets in the commission of, an unlawful act described in subsection (a) shall, upon conviction, be fined not more than $1,000,000, or if a natural person, may be imprisoned for not more than 20 years, or both.
**(d) Statute of limitations**
(1) **Time for commencing proceedings**
(A) *In general* — An action, suit, or proceeding for the enforcement of any civil fine, penalty, or forfeiture, pecuniary or otherwise, under this section shall not be entertained unless commenced within 10 years after the latest date of the violation upon which the civil fine, penalty, or forfeiture is based.
(B) *Commencement* — For purposes of this paragraph, the commencement of an action, suit, or proceeding includes the issuance of a pre-penalty notice or finding of violation.
(2) **Time for indictment** — No person shall be prosecuted, tried, or punished for any offense under subsection (c) unless the indictment is found or the information is instituted within 10 years after the latest date of the violation upon which the indictment or information is based.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1705
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113
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Federal law — U.S. Code and appendices · legal_authorities
There are authorized to be appropriated such sums as may be necessary and appropriate to carry out the provisions and purposes of this chapter (other than the provisions and purposes of sections 3023, 3025, 3035, 3038 of this title and subchapters III, IV, and V).
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3091
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