§ 2536. Award of certain contracts to entities controlled by a foreign government: prohibition
(a)
In General.—
A Department of Defense contract or Department of Energy contract under a national security program may not be awarded to an entity controlled by a foreign government if it is necessary for that entity to be given access to information in a proscribed category of information in order to perform the contract.
(b)
Waiver Authority.—
(1)
The Secretary concerned may waive the application of subsection (a) to a contract award if—
(A)
the Secretary concerned determines that the waiver is essential to the national security interests of the United States; or
(B)
in the case of a contract awarded for environmental restoration, remediation, or waste management at a Department of Defense or Department of Energy facility—
(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
as determined by the Secretary concerned. Such term does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(2)
The term “proscribed category of information” means a category of information that—