((a)) ** In general** No entity controlled by a foreign government may merge with, acquire, or take over a company engaged in interstate commerce in the United States that—

((1)) is performing a Department of Defense contract, or a Department of Energy contract under a national security program, that cannot be performed satisfactorily unless that company is given access to information in a proscribed category of information; or

((2)) during the previous fiscal year, was awarded—

((A)) Department of Defense prime contracts in an aggregate amount in excess of $500,000,000; or

((B)) Department of Energy prime contracts under national security programs in an aggregate amount in excess of $500,000,000.

((b)) ** Inapplicability to certain cases** The limitation in subsection (a) shall not apply if a merger, acquisition, or takeover is not suspended or prohibited pursuant to .section 4565 of this title

((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

((B)) any individual acting on behalf of a foreign government,

((2)) The term “proscribed 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.