# § 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** If the Secretary of Defense is acting as a designee of the President under section 721(a) [^1] of the Defense Production Act of 1950 (50 U.S.C. 4565(a)) 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.
See References in Text note below.
**(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.
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**Source Credit**: (Added Pub. L. 102–484, div. A, title VIII, § 838(a), Oct. 23, 1992, 106 Stat. 2465, § 2537; amended Pub. L. 103–35, title II, § 201(d)(5), (h)(2), May 31, 1993, 107 Stat. 99, 100; Pub. L. 107–314, div. A, title X, § 1041(a)(16), Dec. 2, 2002, 116 Stat. 2645; Pub. L. 114–328, div. A, title X, § 1081(b)(4)(B), Dec. 23, 2016, 130 Stat. 2419; Pub. L. 115–91, div. A, title X, § 1051(a)(19), Dec. 12, 2017, 131 Stat. 1561; renumbered § 4891, Pub. L. 116–283, div. A, title XVIII, § 1870(f)(2), Jan. 1, 2021, 134 Stat. 4287.)
## Editorial Notes
### References in Text
Section 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
2021— renumbered as this section.
2017—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).
2016—Subsec. (c). substituted “()” for “(50 U.S.C. App. 2170(a))”.
2002—Subsec. (a). substituted “$10,000,000” for “$100,000”.
1993—Subsec. (a). , substituted “respectively, that” for “respectively, which”.
Subsec. (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
Amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .