US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 4891

Improved national defense control of technology diversions overseas

(a)

Collection of Information on Foreign-Controlled Contractors .—

The Secretary of Defense and the Secretary of Energy shall each collect and maintain a data base containing a list of, and other pertinent information on, all contractors with the Department of Defense and the Department of Energy, respectively, that are controlled by foreign persons. The data base shall contain information on such contractors for 1988 and thereafter in all cases where they are awarded contracts exceeding $10,000,000 in any single year by the Department of Defense or the Department of Energy.
(b)

Technology Risk Assessment Requirement .—

(1)
1
1 See References in Text note below.
50 U.S.C. 4565(a) If the Secretary of Defense is acting as a designee of the President under section 721(a)  of the Defense Production Act of 1950 () and if the Secretary determines that a proposed or pending merger, acquisition, or takeover may involve a firm engaged in the development of a defense critical technology or is otherwise important to the defense industrial and technology base, then the Secretary shall require the appropriate entity or entities from the list set forth in paragraph (2) to conduct an assessment of the risk of diversion of defense critical technology posed by such proposed or pending action.
(2)
The entities referred to in paragraph (1) are the following:
(A)
The Defense Intelligence Agency.
(B)
The Army Foreign Technology Science Center.
(C)
The Naval Maritime Intelligence Center.
(D)
The Air Force Foreign Aerospace Science and Technology Center.

Pub. L. 102–484, div. A, title VIII, § 838(a)106 Stat. 2465Pub. L. 103–35, title II, § 201(d)(5)107 Stat. 99Pub. L. 107–314, div. A, title X, § 1041(a)(16)116 Stat. 2645Pub. L. 114–328, div. A, title X, § 1081(b)(4)(B)130 Stat. 2419Pub. L. 115–91, div. A, title X, § 1051(a)(19)131 Stat. 1561Pub. L. 116–283, div. A, title XVIII, § 1870(f)(2)134 Stat. 4287(Added , , , § 2537; amended , (h)(2), , , 100; , , ; , , ; , , ; renumbered § 4891, , , .)

Editorial Notes

References in Text

act Sept. 8, 1950, ch. 932Pub. L. 100–418, title V, § 5021102 Stat. 1425section 4565(a) of Title 50Pub. L. 110–49, § 2121 Stat. 246Section 721(a) of the Defense Production Act of 1950, referred to in subsec. (b), is section 721(a) of , as added by , , , which is classified to , War and National Defense. Section 721(a) of the Act was struck out, and a new section 721(a) was added, by , , . As so added, section 721(a) does not refer to investigations by the President or the President’s designee.

Amendments

Pub. L. 116–283section 2537 of this title2021— renumbered as this section.

Pub. L. 115–912017—Subsecs. (b), (c). redesignated subsec. (c) as (b) and struck out former subsec. (b) which required annual reports to Congress regarding the information collected under subsec. (a).

Pub. L. 114–32850 U.S.C. 4565(a)2016—Subsec. (c). substituted “()” for “(50 U.S.C. App. 2170(a))”.

Pub. L. 107–3142002—Subsec. (a). substituted “$10,000,000” for “$100,000”.

Pub. L. 103–35, § 201(d)(5)1993—Subsec. (a). , substituted “respectively, that” for “respectively, which”.

Pub. L. 103–35, § 201(h)(2)section 2491(8) of this titleSubsec. (d). , struck out subsec. (d) which read as follows: “In this section, the term ‘defense critical technology’ has the meaning provided that term by .”

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .