Page:United States Statutes at Large Volume 106 Part 3.djvu/669

 PUBLIC LAW 102-484—OCT. 23, 1992 106 STAT. 2463 a foreign government if it is necessary for that company to be given access to information in a proscribed category of information in order to perform the contract. "(b) WAIVER AUTHORITY. —The Secretary concerned may waive the application of subsection (a) to a contract award if the Secretary concerned determines that the waiver is essential to the national security interests of the United States. "(c) DEFIMTIONS. — 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 Secretary concerned. "(2) The term 'proscribea 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. "(3) The term 'Secretary concerned means— "(A) the Secretary of Defense, with respect to Department of Defense contracts; and "(B) the Secretary of Energy, with respect to Department of Energy contracts.". (2) The table of sections at the beginning of such subchapter is amended by adding at the end the following new item: "2536. Prohibition on award of certain Department of Defense and Department of Energy contracts to companies owned by an entity controlled by a foreign government.". (b) EFFECTIVE DATE.— Section 2536 of title 10, United States lo use 2536 Code, as added by subsection (a), shall apply with respect to con- "°*®- tracts entered into after the expiration of the 90-day period beginning on the date of the enactment of this Act. SEC. 837. DEFENSE PRODUCTION ACT AMENDMENTS. (a) INVESTIGATIONS OF CERTAIN MERGERS, ACQUISITIONS, AND TAKEOVERS. —Section 721 of the Defense Production Act of 1950 (50 U.S.C. App. 2170) is amended— (1) by redesignating subsections (b) through (h) as subsections (c) through (i), respectively; and (2) by inserting after subsection (a) the following new subsection:

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