Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "10 U.S.C. § 4851"
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description: "Defense memoranda of understanding and related agreements"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "385"
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chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
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section: "4851"
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citation: "10 U.S.C. § 4851"
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---
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# 10 U.S.C. § 4851 - Defense memoranda of understanding and related agreements
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## Text
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(a) Considerations in Making and Implementing MOUs and Related Agreements.— In the negotiation, renegotiation, and implementation of any existing or proposed memorandum of understanding, or any existing or proposed agreement related to a memorandum of understanding, between the Secretary of Defense, acting on behalf of the United States, and one or more foreign countries (or any instrumentality of a foreign country) relating to research, development, or production of defense equipment, or to the reciprocal procurement of defense items, the Secretary of Defense shall—
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(1) consider the effects of such existing or proposed memorandum of understanding or related agreement on the defense technology and industrial base of the United States; and
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(2) regularly solicit and consider comments and recommendations from the Secretary of Commerce with respect to the commercial implications of such memorandum of understanding or related agreement and the potential effects of such memorandum of understanding or related agreement on the international competitive position of United States industry.
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(b) Inter-Agency Review of Effects on United States Industry.— Whenever the Secretary of Commerce has reason to believe that an existing or proposed memorandum of understanding or related agreement has, or threatens to have, a significant adverse effect on the international competitive position of United States industry, the Secretary may request an inter-agency review of the memorandum of understanding or related agreement. If, as a result of the review, the Secretary determines that the commercial interests of the United States are not being served or would not be served by adhering to the terms of such existing memorandum or related agreement or agreeing to such proposed memorandum or related agreement, as the case may be, the Secretary shall recommend to the President the renegotiation of the existing memorandum or related agreement or any modification to the proposed memorandum of understanding or related agreement that he considers necessary to ensure an appropriate balance of interests.
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(c) Limitation on Entering into MOUs and Related Agreements.— A memorandum of understanding or related agreement referred to in subsection (a) may not be entered into or implemented if the President, taking into consideration the results of the inter-agency review, determines that such memorandum of understanding or related agreement has or is likely to have a significant adverse effect on United States industry that outweighs the benefits of entering into or implementing such memorandum or agreement.
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(Added Pub. L. 100–456, div. A, title VIII, § 824, Sept. 29, 1988, 102 Stat. 2019, § 2504; amended Pub. L. 101–189, div. A, title VIII, § 815(a), Nov. 29, 1989, 103 Stat. 1500; Pub. L. 101–510, div. A, title XIV, § 1453, Nov. 5, 1990, 104 Stat. 1694; renumbered § 2531 and amended Pub. L. 102–484, div. D, title XLII, §§ 4202(a), 4271(c), Oct. 23, 1992, 106 Stat. 2659, 2696; renumbered § 4851, Pub. L. 116–283, div. A, title XVIII, § 1870(b), Jan. 1, 2021, 134 Stat. 4284.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283 renumbered section 2531 of this title as this section. 1992—Pub. L. 102–484, § 4202(a), renumbered section 2504 of this title as section 2531. Subsec. (a)(1). Pub. L. 102–484, § 4271(c), substituted “defense technology and industrial base” for “defense industrial base”. 1990—Subsec. (a). Pub. L. 101–510 inserted “or to the reciprocal procurement of defense items,” after “defense equipment,” in introductory provisions. 1989—Pub. L. 101–189 inserted “and related agreements” after “understanding” in section catchline and amended text generally. Prior to amendment, text read as follows: “In the negotiation and renegotiation of each memorandum of understanding between the Secretary of Defense, acting on behalf of the United States, and one or more foreign countries (or any instrumentality of a foreign country) relating to research, development, or production of defense equipment, the Secretary of Defense shall— “(1) consider the effect of such proposed memorandum of understanding on the defense industrial base of the United States; and “(2) regularly solicit and consider information or recommendations from the Secretary of Commerce with respect to the effect on the United States industrial base of such memorandum of understanding.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Defense Trade ReciprocityPub. L. 108–375, div. A, title VIII, § 831, Oct. 28, 2004, 118 Stat. 2017, provided that: “(a) Policy.—It is the policy of Congress that procurement regulations used in the conduct of trade in defense articles and defense services should be based on the principle of fair trade and reciprocity consistent with United States national security, including the need to ensure comprehensive manufacturing capability in the United States defense industrial base. “(b) Requirement.—The Secretary of Defense shall make every effort to ensure that the policies and practices of the Department of Defense reflect the goal of establishing an equitable trading relationship between the United States and its foreign defense trade partners, including ensuring that United States firms and United States employment in the defense sector are not disadvantaged by unilateral procurement practices by foreign governments, such as the imposition of offset agreements in a manner that undermines the United States defense industrial base. In pursuing this goal, the Secretary shall—“(1) develop a comprehensive defense acquisition trade policy that provides the necessary guidance and incentives for the elimination of any adverse effects of offset agreements in defense trade; and “(2) review and make necessary modifications to existing acquisition policies and strategies, and review and seek to make necessary modifications to existing memoranda of understanding, cooperative project agreements, or related agreements with foreign defense trade partners, to reflect this goal. “(c) Regulations.—The Secretary shall prescribe regulations to implement this section in the Department of Defense supplement to the Federal Acquisition Regulation. “(d) Definitions.—In this section:“(1) The term ‘foreign defense trade partner’ means a foreign country with respect to which there is—“(A) a memorandum of understanding or related agreement described in section 2531(a) of title 10, United States Code [now 10 U.S.C. 4851(a)]; or “(B) a cooperative project agreement described in section 27 of the Arms Export Control Act (22 U.S.C. 2767). “(2) The term ‘offset agreement’ has the meaning provided that term by section 36(e) of the Arms Export Control Act (22 U.S.C. 2776(e)). “(3) The terms ‘defense article’ and ‘defense service’ have the meanings provided those terms by section 47(7) of the Arms Export Control Act (22 U.S.C. 2794(7)).”
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---
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type: "LegalText"
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title: "10 U.S.C. § 4852"
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description: "Offset policy; notification"
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chapter_number: "385"
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chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
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section: "4852"
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citation: "10 U.S.C. § 4852"
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---
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# 10 U.S.C. § 4852 - Offset policy; notification
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## Text
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(a) Establishment of Offset Policy.— The President shall establish, consistent with the requirements of this section, a comprehensive policy with respect to contractual offset arrangements in connection with the purchase of defense equipment or supplies which addresses the following:
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(1) Transfer of technology in connection with offset arrangements.
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(2) Application of offset arrangements, including cases in which United States funds are used to finance the purchase by a foreign government.
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(3) Effects of offset arrangements on specific subsectors of the industrial base of the United States and for preventing or ameliorating any serious adverse effects on such subsectors.
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(b) Technology Transfer.— (1) No official of the United States may enter into a memorandum of understanding or other agreement with a foreign government that would require the transfer of United States defense technology to a foreign country or a foreign firm in connection with a contract that is subject to an offset arrangement if the implementation of such memorandum or agreement would significantly and adversely affect the defense industrial base of the United States and would result in a substantial financial loss to a United States firm.
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(2) Paragraph (1) shall not apply in the case of a memorandum of understanding or agreement described in paragraph (1) if the Secretary of Defense, in consultation with the Secretary of Commerce and the Secretary of State, determines that a transfer of United States defense technology pursuant to such understanding or agreement will result in strengthening the national security of the United States and so certifies to Congress.
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(3) If a United States firm is required under the terms of a memorandum of understanding, or other agreement entered into by the United States with a foreign country, to transfer defense technology to a foreign country, the United States firm may protest the determination to the Secretary of Defense on the grounds that the transfer of such technology would adversely affect the defense industrial base of the United States and would result in substantial financial loss to the protesting firm. The Secretary of Defense, in consultation with the Secretary of Commerce and the Secretary of State, shall make the final determination of the validity of the protesting firm’s claim.
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(c) Notification Regarding Offsets.— If at any time a United States firm enters into a contract for the sale of a weapon system or defense-related item to a foreign country or foreign firm and such contract is subject to an offset arrangement exceeding $50,000,000 in value, such firm shall notify the Secretary of Defense of the proposed sale. Notification shall be made under this subsection in accordance with regulations prescribed by the Secretary of Defense in consultation with the Secretary of Commerce.
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(d) Definitions.— In this section:
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(1) The term “United States firm” means a business entity that performs substantially all of its manufacturing, production, and research and development activities in the United States.
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(2) The term “foreign firm” means a business entity other than a United States firm.
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(Added Pub. L. 100–456, div. A, title VIII, § 825(b), Sept. 29, 1988, 102 Stat. 2020, § 2505; renumbered § 2532, Pub. L. 102–484, div. D, title XLII, § 4202(a), Oct. 23, 1992, 106 Stat. 2659; renumbered § 4852, Pub. L. 116–283, div. A, title XVIII, § 1870(b), Jan. 1, 2021, 134 Stat. 4284.)
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## Notes
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Editorial Notes
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Amendments2021—Pub. L. 116–283 renumbered section 2532 of this title as this section. 1992—Pub. L. 102–484 renumbered section 2505 of this title as section 2532.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Contractual Offset Arrangements; Congressional Statement of FindingsPub. L. 100–456, div. A, title VIII, § 825(a), Sept. 29, 1988, 102 Stat. 2019, provided that: “Congress makes the following findings: “(1) Many contracts entered into by United States firms for the supply of weapon systems or defense-related items to foreign countries and foreign firms are subject to contractual arrangements under which United States firms must agree—“(A) to have a specified percentage of work under, or monetary amount of, the contract performed by one or more foreign firms; “(B) to purchase a specified amount or quantity of unrelated goods or services from domestic sources of such foreign countries; or “(C) to invest a specified amount in domestic businesses of such foreign countries. Such contractual arrangements, known as ‘offsets’, are a component of international trade and could have an impact on United States defense industry opportunities in domestic and foreign markets. “(2) Some United States contractors and subcontractors may be adversely affected by such contractual arrangements. “(3) Many contracts which provide for or are subject to offset arrangements require, in connection with such arrangements, the transfer of United States technology to foreign firms. “(4) The use of such transferred technology by foreign firms in conjunction with foreign trade practices permitted under the trade policies of the countries of such firms can give foreign firms a competitive advantage against United States firms in world markets for products using such technology. “(5) A purchase of defense equipment pursuant to an offset arrangement may increase the cost of the defense equipment to the purchasing country and may reduce the amount of defense equipment that a country may purchase. “(6) The exporting of defense equipment produced in the United States is important to maintain the defense industrial base of the United States, lower the unit cost of such equipment to the Department of Defense, and encourage the standardized utilization of United States equipment by the allies of the United States.”
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Negotiations With Countries Requiring Offset ArrangementsPub. L. 100–456, div. A, title VIII, § 825(c), Sept. 29, 1988, 102 Stat. 2021, as amended by Pub. L. 101–189, div. A, title VIII, § 816, Nov. 29, 1989, 103 Stat. 1501, provided that: “(1) The President shall enter into negotiations with foreign countries that have a policy of requiring an offset arrangement in connection with the purchase of defense equipment or supplies from the United States. The negotiations should be conducted with a view to achieving an agreement with the countries concerned that would limit the adverse effects that such arrangements have on the defense industrial base of each such country. Every effort shall be made to achieve such agreements within two years after September 29, 1988. “(2) In the negotiation or renegotiation of any memorandum of understanding between the United States and one or more foreign countries relating to the reciprocal procurement of defense equipment and supplies or research and development, the President shall make every effort to achieve an agreement with the country or countries concerned that would limit the adverse effects that offset arrangements have on the defense industrial base of the United States.” [For delegation of functions of President under section 825(c) of Pub. L. 100–456 to Secretary of Defense and United States Trade Representative, see section 5–201 of Ex. Ord. No. 12661, 54 F.R. 779, set out as a note under section 2901 of Title 19, Customs Duties.]
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---
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title: "10 U.S.C. § 4861"
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description: "Determinations of public interest under chapter 83 of title 41"
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chapter_number: "385"
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chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
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section: "4861"
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citation: "10 U.S.C. § 4861"
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---
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# 10 U.S.C. § 4861 - Determinations of public interest under chapter 83 of title 41
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## Text
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(a) In determining under section 8302 of title 41 whether application of chapter 83 of such title is inconsistent with the public interest, the Secretary of Defense shall consider the following:
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(1) The bids or proposals of small business firms in the United States which have offered to furnish American goods.
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(2) The bids or proposals of all other firms in the United States which have offered to furnish American goods.
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(3) The United States balance of payments.
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(4) The cost of shipping goods which are other than American goods.
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(5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.
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(6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology.
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(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base.
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(8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States.
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(9) Any need—
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(A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or
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(B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base.
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(10) The national security interests of the United States.
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(b) In this section, the term “goods which are other than American goods” means—
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(1) an end product that is not mined, produced, or manufactured in the United States; or
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(2) an end product that is manufactured in the United States but which includes components mined, produced, or manufactured outside the United States the aggregate cost of which exceeds the aggregate cost of the components of such end product that are mined, produced, or manufactured in the United States.
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(Added Pub. L. 100–370, § 3(a)(1), July 19, 1988, 102 Stat. 855, § 2501; renumbered § 2506, Pub. L. 100–456, div. A, title VIII, § 821(b)(1)(A), Sept. 29, 1988, 102 Stat. 2014; renumbered § 2533, Pub. L. 102–484, div. D, title XLII, § 4202(a), Oct. 23, 1992, 106 Stat. 2659; amended Pub. L. 103–337, div. A, title VIII, § 812(a), (b)(1), Oct. 5, 1994, 108 Stat. 2815, 2816; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(20), Feb. 10, 1996, 110 Stat. 673; Pub. L. 105–85, div. A, title X, § 1073(a)(54), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 111–350, § 5(b)(37), Jan. 4, 2011, 124 Stat. 3845; Pub. L. 113–291, div. A, title X, § 1071(a)(9), Dec. 19, 2014, 128 Stat. 3505; renumbered § 4861, Pub. L. 116–283, div. A, title XVIII, § 1870(c)(2), Jan. 1, 2021, 134 Stat. 4285.)
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## Notes
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Historical and Revision NotesSection is based on Pub. L. 93–365, title VII, § 707, Aug. 5, 1974, 88 Stat. 406.
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Editorial Notes
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Amendments2021—Pub. L. 116–283 renumbered section 2533 of this title as this section. 2014—Subsec. (a). Pub. L. 113–291 substituted “chapter 83 of such title” for “such Act” in introductory provisions. 2011—Pub. L. 111–350, § 5(b)(37)(A), substituted “chapter 83 of title 41” for “the Buy American Act” in section catchline. Subsec. (a). Pub. L. 111–350, § 5(b)(37)(B), substituted “section 8302 of title 41” for “section 2 of the Buy American Act (41 U.S.C. 10a)” in introductory provisions. 1997—Subsec. (a). Pub. L. 105–85 substituted “(41 U.S.C. 10a)” for “(41 U.S.C. 10a))”. 1996—Subsec. (a). Pub. L. 104–106 substituted “the Buy American Act (41 U.S.C. 10a)) whether application of such Act” for “title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act”. 1994—Pub. L. 103–337, § 812(b)(1), substituted “Determinations of public interest under the Buy American Act” for “Limitation on use of funds: procurement of goods which are other than American goods” as section catchline. Subsec. (a). Pub. L. 103–337, § 812(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Funds appropriated to the Department of Defense may not be obligated under a contract for procurement of goods which are other than American goods (as defined in subsection (c)) unless adequate consideration is given to the following: “(1) The bids or proposals of firms located in labor surplus areas in the United States (as designated by the Department of Labor) which have offered to furnish American goods. “(2) The bids or proposals of small business firms in the United States which have offered to furnish American goods. “(3) The bids or proposals of all other firms in the United States which have offered to furnish American goods. “(4) The United States balance of payments. “(5) The cost of shipping goods which are other than American goods. “(6) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.” Subsecs. (b), (c). Pub. L. 103–337, § 812(a), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Consideration of the matters referred to in paragraphs (1) through (6) of subsection (a) shall be given under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933 (41 U.S.C. 10a, 10b), popularly known as the ‘Buy American Act’.” 1992—Pub. L. 102–484 renumbered section 2506 of this title as section 2533.
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Statutory Notes and Related Subsidiaries
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Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
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Effective Date of 1996 AmendmentFor effective date and applicability of amendment by Pub. L. 104–106, see section 4401 of Pub. L. 104–106, set out as a note under section 2220 of this title.
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---
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||||
type: "LegalText"
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||||
title: "10 U.S.C. § 4862"
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description: "Requirement to buy certain articles from American sources; exceptions"
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jurisdiction: "us"
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corpus: "united_states_code"
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kind: "code_section"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "385"
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chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
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section: "4862"
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citation: "10 U.S.C. § 4862"
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status: "current"
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release_point: "119-100"
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release_date: "2026-06-26"
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source: "official"
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|
||||
source_identifier: "/us/usc/t10/s4862"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "dc344b0672a1710200384663aed6d157b0b06562099989f7e0ef81c92eb37849"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "f1f05911e55883e8de5184595116d939a358be8a9a599ca422a64f2c09e9626a"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4862 - Requirement to buy certain articles from American sources; exceptions
|
||||
|
||||
## Text
|
||||
|
||||
(a) Requirement.— Except as provided in subsections (c) through (h), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States.
|
||||
|
||||
(b) Covered Items.— An item referred to in subsection (a) is any of the following:
|
||||
|
||||
(1) An article or item of—
|
||||
|
||||
(A) food;
|
||||
|
||||
(B) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof);
|
||||
|
||||
(C) tents (and the structural components thereof), tarpaulins, or covers;
|
||||
|
||||
(D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or
|
||||
|
||||
(E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials.
|
||||
|
||||
(2) Hand or measuring tools.
|
||||
|
||||
(3) Stainless steel flatware.
|
||||
|
||||
(4) Dinnerware.
|
||||
|
||||
(5) A flag of the United States.
|
||||
|
||||
(c) Availability Exception.— Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices.
|
||||
|
||||
(d) Exception for Certain Procurements.— Subsection (a) does not apply to the following:
|
||||
|
||||
(1) Procurements outside the United States in support of combat operations or procurements of any item listed in subsection (b)(1)(A) or (b)(2) in support of contingency operations.
|
||||
|
||||
(2) Procurements by, or for, vessels in foreign waters.
|
||||
|
||||
(3) Emergency procurements or procurements of perishable foods by, or for, an establishment located outside the United States for the personnel attached to such establishment.
|
||||
|
||||
(4) Procurements of any item listed in subsection (b)(1)(A) or (b)(2) for which the use of procedures other than competitive procedures has been approved on the basis of section 3204(a)(2) of this title, relating to unusual and compelling urgency of need.
|
||||
|
||||
(e) Exception for Chemical Warfare Protective Clothing.— Subsection (a) does not preclude the procurement of chemical warfare protective clothing produced outside the United States if—
|
||||
|
||||
(1) such procurement is necessary—
|
||||
|
||||
(A) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or
|
||||
|
||||
(B) in furtherance of agreements with foreign governments in which both such governments agree to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; and
|
||||
|
||||
(2) any such agreement with a foreign government complies, where applicable, with the requirements of section 36 of the Arms Export Control Act (22 U.S.C. 2776) and with section 2457 of this title.
|
||||
|
||||
(f) Exceptions for Certain Other Commodities and Items.— Subsection (a) does not preclude the procurement of the following:
|
||||
|
||||
(1) Foods manufactured or processed in the United States.
|
||||
|
||||
(2) Waste and byproducts of cotton and wool fiber for use in the production of propellants and explosives.
|
||||
|
||||
(g) Exception for Commissaries, Exchanges, and Other Nonappropriated Fund Instrumentalities.— (1) Except as provided in paragraph (2), subsection (a) does not apply to items purchased for resale purposes in commissaries, exchanges, or nonappropriated fund instrumentalities operated by the Department of Defense.
|
||||
|
||||
(2) (A) Paragraph (1) shall not apply with respect to the procurement of seafood originating in a covered foreign country, including procurement for use in military dining facilities, galleys aboard United States naval vessels, and procurement for resale in commissary stores, notwithstanding the source of funds used for such procurement.
|
||||
|
||||
(B) The Secretary of Defense may waive the requirements of subparagraph (A) if such procurement would cause undue burden to a naval vessel while at sea or in port at a foreign port, a dining facility in a foreign country, a commissary, an exchange, or a nonappropriated fund instrumentality located on a military installation located outside the United States.
|
||||
|
||||
(C) In this paragraph, the term “covered foreign country” means The People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, or the Democratic People’s Republic of Korea.
|
||||
|
||||
(h) Exception for Small Purchases.— (1) Except with respect to purchases of flags of the United States, subsection (a) does not apply to purchases for amounts not greater than $150,000. A proposed procurement of an item in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
|
||||
|
||||
(2) (A) (i) Except as provided by subparagraph (B), subsection (a) does not apply to purchases of flags of the United States for amounts not greater than $10,000.
|
||||
|
||||
(ii) A proposed procurement in an amount greater than $10,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for the exception under clause (i).
|
||||
|
||||
(B) The Secretary of Defense may waive subsection (a) with respect to a purchase of flags of the United States in an amount greater than $10,000 if the Secretary of Defense determines such waiver appropriate.
|
||||
|
||||
(C) This section is applicable to contracts and subcontracts for the procurement of flags of the United States.
|
||||
|
||||
(3) On October 1 of each year that is evenly divisible by five, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. Any such adjustment shall take effect on the date on which the Secretary publishes notice of such adjustment in the Federal Register.
|
||||
|
||||
(i) Applicability to Contracts and Subcontracts for Procurement of Commercial Products.— This section is applicable to contracts and subcontracts for the procurement of commercial products notwithstanding section 1906 of title 41.
|
||||
|
||||
(j) Geographic Coverage.— In this section, the term “United States” includes the possessions of the United States.
|
||||
|
||||
(k) Notification Required Within 7 Days After Contract Award If Certain Exceptions Applied.— In the case of any contract for the procurement of an item described in subparagraph (B), (C), (D), or (E) of subsection (b)(1), if the Secretary of Defense or of the military department concerned applies an exception set forth in subsection (c) or (e) with respect to that contract, the Secretary shall, not later than 7 days after the award of the contract, post a notification that the exception has been applied on the Internet site maintained by the General Services Administration known as FedBizOpps.gov (or any successor site).
|
||||
|
||||
(Added Pub. L. 107–107, div. A, title VIII, § 832(a)(1), Dec. 28, 2001, 115 Stat. 1189, § 2533a; amended Pub. L. 108–136, div. A, title VIII, §§ 826, 827, Nov. 24, 2003, 117 Stat. 1548; Pub. L. 109–163, div. A, title VIII, §§ 831, 833, Jan. 6, 2006, 119 Stat. 3388; Pub. L. 109–364, div. A, title VIII, § 842(a)(3), Oct. 17, 2006, 120 Stat. 2337; Pub. L. 111–350, § 5(b)(38), Jan. 4, 2011, 124 Stat. 3845; Pub. L. 111–383, div. A, title VIII, § 847, title X, § 1075(b)(38), Jan. 7, 2011, 124 Stat. 4286, 4371; Pub. L. 112–81, div. A, title VIII, § 821, Dec. 31, 2011, 125 Stat. 1502; Pub. L. 112–239, div. A, title X, § 1076(f)(29), Jan. 2, 2013, 126 Stat. 1953; Pub. L. 115–232, div. A, title VIII, § 837(b), Aug. 13, 2018, 132 Stat. 1875; Pub. L. 116–92, div. A, title VIII, § 854(a)(1), (3), Dec. 20, 2019, 133 Stat. 1512; renumbered § 4862 and amended Pub. L. 116–283, div. A, title VIII, § 817, title XVIII, §§ 1870(c)(2), 1883(b)(2), Jan. 1, 2021, 134 Stat. 3751, 4285, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(d)(17), Dec. 27, 2021, 135 Stat. 2138; Pub. L. 118–31, div. A, title VIII, § 832(a), Dec. 22, 2023, 137 Stat. 336; Pub. L. 118–159, div. A, title VIII, §§ 842(a), (c), 843, Dec. 23, 2024, 138 Stat. 1990, 1991; Pub. L. 119–60, div. A, title VIII, § 831(a), Dec. 18, 2025, 139 Stat. 960.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendment of Subsection (b)Pub. L. 118–159, div. A, title VIII, § 842(c), Dec. 23, 2024, 138 Stat. 1991, provided that, effective Jan. 1, 2029, subsection (b) of this section is amended by repealing paragraphs (3) and (4). See 2024 Amendment note below.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2025—Subsec. (g). Pub. L. 119–60 designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), subsection (a)” for “Subsection (a)”, and added par. (2). 2024—Subsec. (b)(3), (4). Pub. L. 118–159, § 842(c), struck out pars. (3) and (4) which read as follows: “(3) Stainless steel flatware. “(4) Dinnerware.” Pub. L. 118–159, § 842(a), added pars. (3) and (4). Subsec. (d)(2). Pub. L. 118–159, § 843, inserted “, or for,” after “Procurements by”. 2023—Subsec. (b)(5). Pub. L. 118–31, § 832(a)(1), added par. (5). Subsec. (h)(1). Pub. L. 118–31, § 832(a)(2)(A), substituted “Except with respect to purchases of flags of the United States, subsection (a)” for “Subsection (a)”. Subsec. (h)(2), (3). Pub. L. 118–31, § 832(a)(2)(B), (C), added par. (2) and redesignated former par. (2) as (3). 2021—Pub. L. 116–283, § 1870(c)(2), renumbered section 2533a of this title as this section. Subsec. (d)(4). Pub. L. 117–81, which directed substitution of “section 3204(a)(2)” for “section 2304(c)(2)”, could not be executed because of the intervening amendment by Pub. L. 116–283, § 1883(b)(2). See note below. Pub. L. 116–283, § 1883(b)(2), substituted “section 3204(a)(2)” for “section 2304(c)(2)”. Subsec. (h). Pub. L. 116–283, § 817, amended subsec. (h) generally. Prior to amendment, text read as follows: “Subsection (a) does not apply to purchases for amounts not greater than the simplified acquisition threshold referred to in section 2304(g) of this title.” 2019—Subsec. (b)(3), (4). Pub. L. 116–92, § 854(a)(3), struck out pars. (3) and (4) which added stainless steel flatware and dinnerware to the list of covered items. Pub. L. 116–92, § 854(a)(1), added pars. (3) and (4). 2018—Subsec. (i). Pub. L. 115–232 substituted “Products” for “Items” in heading and “commercial products” for “commercial items” in text. 2013—Subsec. (k). Pub. L. 112–239 substituted “FedBizOpps.gov” for “FedBizOps.gov”. 2011—Subsec. (b)(1)(C). Pub. L. 112–81 inserted “(and the structural components thereof)” after “tents”. Subsec. (c). Pub. L. 111–383, § 847, substituted “subsection (b)” for “subsection (b)(1)”. Subsec. (d)(1), (4). Pub. L. 111–383, § 1075(b)(38), substituted “(b)(1)(A) or (b)(2)” for “(b)(1)(A), (b)(2), or (b)(3)”. Subsec. (i). Pub. L. 111–350 substituted “section 1906 of title 41” for “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)”. 2006—Subsec. (b)(1)(B). Pub. L. 109–163, § 833(b), inserted before semicolon “and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof)”. Subsec. (b)(2), (3). Pub. L. 109–364, § 842(a)(3)(A), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “Specialty metals, including stainless steel flatware.” Subsec. (c). Pub. L. 109–364, § 842(a)(3)(B), struck out “or specialty metals (including stainless steel flatware)” after “subsection (b)(1)”. Subsec. (d)(3). Pub. L. 109–163, § 831, inserted “, or for,” after “perishable foods by”. Subsec. (e). Pub. L. 109–364, § 842(a)(3)(C), struck out “Specialty Metals and” after “Exception for” in heading and “specialty metals or” after “procurement of” in introductory provisions. Subsec. (k). Pub. L. 109–163, § 833(a), added subsec. (k). 2003—Subsec. (d). Pub. L. 108–136, § 826(1), struck out “Outside the United States” after “Procurements” in heading. Subsec. (d)(1). Pub. L. 108–136, § 826(2), inserted “or procurements of any item listed in subsection (b)(1)(A), (b)(2), or (b)(3) in support of contingency operations” after “combat operations”. Subsec. (d)(4). Pub. L. 108–136, § 826(3), added par. (4). Subsec. (f). Pub. L. 108–136, § 827, substituted “Exceptions for Certain Other Commodities and Items.—Subsection (a) does not preclude the procurement of the following: “(1) Foods” for “Exception for Certain Foods.—Subsection (a) does not preclude the procurement of foods”, and added par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentPub. L. 119–60, div. A, title VIII, § 831(c), Dec. 18, 2025, 139 Stat. 960, provided that: “This section and the amendments made by this section [amending this section] shall apply with respect to contracts entered into on or after the date of the enactment of this Act [Dec. 18, 2025].”
|
||||
|
||||
Effective and Termination Dates of 2024 AmendmentPub. L. 118–159, div. A, title VIII, § 842(b), Dec. 23, 2024, 138 Stat. 1990, provided that: “Paragraphs (3) and (4) of section 4862(b) of title 10, United States Code, as added by subsection (a), shall take effect on January 1, 2026.” Pub. L. 118–159, div. A, title VIII, § 842(c), Dec. 23, 2024, 138 Stat. 1991, provided that the amendment made by section 842(c) is effective Jan. 1, 2029.
|
||||
|
||||
Effective Date of 2023 AmendmentPub. L. 118–31, div. A, title VIII, § 832(b), Dec. 22, 2023, 137 Stat. 337, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to agreements entered into on or after the date of the enactment of this Act [Dec. 22, 2023].”
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 to take effect immediately after the amendments made by title XVIII of Pub. L. 116–283 have taken effect, see section 1701(a)(3) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by sections 1870(c)(2) and 1883(b)(2) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 2019 AmendmentPub. L. 116–92, div. A, title VIII, § 854(a)(2), Dec. 20, 2019, 133 Stat. 1512, as amended by Pub. L. 116–283, div. A, title XVIII, § 1870(c)(5), Jan. 1, 2021, 134 Stat. 4285, provided that: “Paragraphs (3) and (4) of section 4862(b) of title 10, United States Code, as added by paragraph (1), shall apply with respect to contracts entered into on or after the date occurring 1 year after the date of the enactment of this Act [Dec. 20, 2019].” Pub. L. 116–92, div. A, title VIII, § 854(a)(3), Dec. 20, 2019, 133 Stat. 1512, provided that the amendment made by section 854(a)(3) is effective Sept. 30, 2023.
|
||||
|
||||
Effective Date of 2006 AmendmentPub. L. 109–364, div. A, title VIII, § 842(a)(4)(B), Oct. 17, 2006, 120 Stat. 2337, provided that: “The amendments made by paragraph (3) [amending this section] shall take effect on the date occurring 30 days after the date of the enactment of this Act [Oct. 17, 2006].”
|
||||
|
||||
Short TitleThis section is popularly known as the “Berry Amendment”.
|
||||
|
||||
RulemakingPub. L. 119–60, div. A, title VIII, § 831(b), Dec. 18, 2025, 139 Stat. 960, provided that: “The Secretary of Defense shall issue such rules necessary [sic] to carry out this section and the amendments made by this section [amending this section].”
|
||||
|
||||
Appropriations for United States FlagsPub. L. 119–75, div. A, title VIII, § 8037, Feb. 3, 2026, 140 Stat. 207, provided that: “None of the funds made available in this Act [div. A of Pub. L. 119–75, see Tables for classification], or any subsequent Act making appropriations for the Department of Defense, may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 4862(b) of title 10, United States Code.” Similar provisions were contained in the following appropriation acts: Pub. L. 118–47, div. A, title VIII, § 8037, Mar. 23, 2024, 138 Stat. 491. Pub. L. 117–328, div. C, title VIII, § 8037, Dec. 29, 2022, 136 Stat. 4595. Pub. L. 117–103, div. C, title VIII, § 8038, Dec. 29, 2022, 136 Stat. 183.
|
||||
|
||||
Domestic Nonavailability Determinations ListPub. L. 118–159, div. A, title VIII, § 848, Dec. 23, 2024, 138 Stat. 1993, provided that: “(a) In General.—Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2024], the Under Secretary of Defense for Acquisition and Sustainment shall develop and maintain a list of all domestic nonavailability determinations. “(b) Submission to Congress.—Not later than 30 days after the Under Secretary for Acquisition and Sustainment develops the list required under subsection (a), and annually thereafter, the Under Secretary for Acquisition and Sustainment shall submit to Congress a list of all domestic nonavailability determinations made during the one year period ending on the date on which the Under Secretary for Acquisition and Sustainment submits such list. “(c) Plan for Informing Industry.—Not later than 30 days after the Under Secretary of Defense for Acquisition and Sustainment develops the list required under subsection (a), the Under Secretary for Acquisition and Sustainment shall develop a plan for sharing such list with industry partners. “(d) Domestic Nonavailability Determination Defined.—In this section, the term ‘domestic nonavailability determination’ means a determination made for purposes of providing an availability exception pursuant to section 4862(c) of title 10, United States Code.”
|
||||
|
||||
Periodic Audits of Contracting Compliance by Inspector General of Department of DefensePub. L. 113–66, div. A, title XVI, § 1601, Dec. 26, 2013, 127 Stat. 941, as amended by Pub. L. 117–286, § 4(b)(29), Dec. 27, 2022, 136 Stat. 4346, provided that: “(a) Requirement for Periodic Audits of Contracting Compliance.—The Inspector General of the Department of Defense shall conduct periodic audits of contracting practices and policies related to procurement under section 2533a of title 10, United States Code [now 10 U.S.C. 4862]. “(b) Requirement for Additional Information in Semiannual Reports.—The Inspector General of the Department of Defense shall ensure that findings and other information resulting from audits conducted pursuant to subsection (a) are included in the semiannual report transmitted to congressional committees under section 408(f)(1) of title 5, United States Code.”
|
||||
|
||||
Fire Resistant Rayon FiberPub. L. 110–181, div. A, title VIII, § 829, Jan. 28, 2008, 122 Stat. 229, as amended by Pub. L. 111–383, div. A, title VIII, § 821(a), Jan. 7, 2011, 124 Stat. 4267; Pub. L. 112–81, div. A, title VIII, § 822, Dec. 31, 2011, 125 Stat. 1502, provided that: “(a) Authority To Procure.—The Secretary of Defense may procure fire resistant rayon fiber for the production of uniforms that is manufactured in a foreign country referred to in subsection (d) if the Secretary determines either of the following:“(1) That fire resistant rayon fiber for the production of uniforms is not available from sources within the national technology and industrial base. “(2) That—“(A) procuring fire resistant rayon fiber manufactured from suppliers within the national technology and industrial base would result in sole-source contracts or subcontracts for the supply of fire resistant rayon fiber; and “(B) such sole-source contracts or subcontracts would not be in the best interests of the Government or consistent with the objectives of section 2304 of title 10, United States Code [see 10 U.S.C. 3201 et seq.]. “(b) Submission to Congress.—Not later than 30 days after making a determination under subsection (a), the Secretary shall submit to Congress a copy of the determination. “(c) Applicability to Subcontracts.—The authority under subsection (a) applies with respect to subcontracts under Department of Defense contracts as well as to such contracts. “(d) Foreign Countries Covered.—The authority under subsection (a) applies with respect to a foreign country that—“(1) is a party to a defense memorandum of understanding entered into under section 2531 of title 10, United States Code [now 10 U.S.C. 4851]; and “(2) does not discriminate against defense items produced in the United States to a greater degree than the United States discriminates against defense items produced in that country. “(e) National Technology and Industrial Base Defined.—In this section, the term ‘national technology and industrial base’ has the meaning given that term in section 2500 of title 10, United States Code [now 10 U.S.C. 4801].”
|
||||
|
||||
Training for Defense Acquisition Workforce on the Requirements of the Berry AmendmentPub. L. 109–163, div. A, title VIII, § 832, Jan. 6, 2006, 119 Stat. 3388, provided that: “(a) Training During Fiscal Year 2006.—The Secretary of Defense shall ensure that each member of the defense acquisition workforce who participates personally and substantially in the acquisition of textiles on a regular basis receives training during fiscal year 2006 on the requirements of section 2533a of title 10, United States Code [now 10 U.S.C. 4862] (commonly referred to as the ‘Berry Amendment’), and the regulations implementing that section. “(b) Inclusion of Information in New Training Programs.—The Secretary shall ensure that any training program developed or implemented after the date of the enactment of this Act [Jan. 6, 2006] for members of the defense acquisition workforce who participate personally and substantially in the acquisition of textiles on a regular basis includes comprehensive information on the requirements described in subsection (a).”
|
||||
|
||||
Application of Exception to Seafood ProductsPub. L. 108–287, title VIII, § 8118, Aug. 5, 2004, 118 Stat. 998, as amended by Pub. L. 113–291, div. A, title X, § 1071(b)(4), Dec. 19, 2014, 128 Stat. 3506; Pub. L. 116–283, div. A, title XVIII, § 1870(c)(6)(B), Jan. 1, 2021, 134 Stat. 4285, provided that: “Notwithstanding any other provision of law, section 4862(f) of title 10, United States Code, shall hereafter not apply to any fish, shellfish, or seafood product. This section applies to contracts and subcontracts for the procurement of commercial items notwithstanding section 1906 of title 41, United States Code.”
|
||||
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4865"
|
||||
description: "Prohibition on acquisition of advanced batteries composed of materials from certain foreign sources"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "385"
|
||||
chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
|
||||
section: "4865"
|
||||
citation: "10 U.S.C. § 4865"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip"
|
||||
source_identifier: "/us/usc/t10/s4865"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
||||
source_hash: "7f79b334817fd4cd3bedce402bd0e455b6356c8594f8d52ec51869878bb6dfad"
|
||||
raw_snapshot_hash: "06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1"
|
||||
text_hash: "4dae2dae4dc9c71137b175c11ff6a3c8e20cefc8b0f9b557ff4e940ee30e386d"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4865 - Prohibition on acquisition of advanced batteries composed of materials from certain foreign sources
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— The Secretary of Defense shall procure advanced batteries and cells whose functional cell components and technology, whether as end items or embedded within warfighting and support systems, are not owned, sourced, refined, or produced from a foreign entity of concern.
|
||||
|
||||
(b) Applicability.— This section applies to all new acquisition programs on January 1, 2028, standard batteries on January 1, 2029, and for existing acquisition programs on January 30, 2031.
|
||||
|
||||
(c) Exceptions.— (1) Sourcing and production compliance.— (A) In general.— Subsection (a) does not apply to an advanced battery or cell of an advanced battery if—
|
||||
|
||||
(i) the final assembly of such advanced battery or cell is carried out by an entity other than a foreign entity of concern;
|
||||
|
||||
(ii) functional cell components comprising more than 95 percent of the costs of the functional cell components of such advanced battery or cell are from sources other than foreign entities of concern; and
|
||||
|
||||
(iii) such advanced battery or cell is produced without technology licensed from a foreign entity of concern.
|
||||
|
||||
(B) Recycled source determination.— For the purposes of subparagraph (A)(ii), any material or component from an entity that has been recycled and reprocessed domestically is considered to originate from that entity regardless of origin.
|
||||
|
||||
(2) Excluded batteries.— Subsection (a) does not apply to a battery or cell of a battery that is—
|
||||
|
||||
(A) acquired for use in a cell phone, laptop, personal electronic device, or medical equipment intended for use in an office, administrative, hospital, or non-combat environment;
|
||||
|
||||
(B) commercially available off-the-shelf item for use only in the maintenance of equipment; or
|
||||
|
||||
(C) acquired for research, development, testing, and evaluation by the Department of Defense.
|
||||
|
||||
(3) Waiver.— (A) In general.— The Secretary of Defense may waive the limitations specified in subsection (a) for a specific system or battery for one year if—
|
||||
|
||||
(i) the Secretary determines that a satisfactory quality and sufficient quantity such advanced battery or cell that are not subject to such prohibition cannot be acquired as and when needed by the Department of Defense at reasonable costs; or
|
||||
|
||||
(ii) in the case of an advanced battery or cell that is a component of a warfighting or support system, sufficient documentation exists to show that such advanced battery or cell is not a functional enabler of operational capability for such system and such advanced battery or cell poses no risk to the security of or sourcing for such system.
|
||||
|
||||
(B) Delegation.— The Secretary of Defense may delegate the authority under subparagraph (A) only to the Under Secretary of Defense for Acquisition and Sustainment.
|
||||
|
||||
(d) Report.— Not later than December 1, 2028, and not less frequently than once every three years thereafter until the date that is twelve years after the date of the enactment of this Act, the Secretary of Defense shall provide to the congressional defense committees a briefing on the status of meeting the requirements under subsection (a).
|
||||
|
||||
(e) Definitions.— In this section:
|
||||
|
||||
(1) The term “new acquisition program” means a defense acquisition program that has not reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has not undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.
|
||||
|
||||
(2) The term “existing acquisition program” means a defense acquisition program that has reached the initiation of the engineering and manufacturing development phase, or an equivalent phase of development, including a defense acquisition program that has undergone a formal Milestone B approval or equivalent decision point, before the date of the enactment of this Act.
|
||||
|
||||
(3) The term “functional cell component” means the cathode materials, anode materials, separators, anode foils, and other functional materials of an advanced battery that contribute to the chemical processes necessary for energy storage, including solvents, additives, electrolyte salts, and internal safety devices.
|
||||
|
||||
(4) The “foreign entity of concern” has the meaning given such term under section 40207(a) of the Infrastructure Investment and Jobs Act (42 U.S.C. 18741(a)), and includes entities specified in section 154 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118–31; 10 U.S.C. 4651 note prec.).
|
||||
|
||||
(5) The term “standard battery” means a battery that used in more than one weapons system and are not managed by one portfolio acquisition executive.
|
||||
|
||||
(Added Pub. L. 119–60, div. A, title VIII, § 842(a), Dec. 18, 2025, 139 Stat. 973.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe date of the enactment of this Act, referred to in subsec. (d), (e)(1), (2), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentPub. L. 119–60, div. A, title VIII, § 842(b), Dec. 18, 2025, 139 Stat. 975, provided that: “Section 4865 of title 10, United States Code, as added by subsection (a), shall apply only with respect to contracts or other agreements entered into after the date of the enactment of this Act [Dec. 18, 2025].”
|
||||
|
||||
ImplementationPub. L. 119–60, div. A, title VIII, § 842(c), Dec. 18, 2025, 139 Stat. 975, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2025], the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to incorporate the requirements of this section 4865 of title 10, United States Code, as added by subsection (a).”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,137 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4872"
|
||||
description: "Acquisition of sensitive materials from non-allied foreign nations: prohibition"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "385"
|
||||
chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
|
||||
section: "4872"
|
||||
citation: "10 U.S.C. § 4872"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
||||
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4872 - Acquisition of sensitive materials from non-allied foreign nations: prohibition
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Except as provided in subsections (c) and (e), the Secretary of Defense may not—
|
||||
|
||||
(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsections (c) and (e); or
|
||||
|
||||
(2) sell any material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
|
||||
|
||||
(A) any covered nation; or
|
||||
|
||||
(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
|
||||
|
||||
(b) Applicability.— Subsection (a) shall apply to prime contracts and subcontracts at any tier.
|
||||
|
||||
(c) Exceptions.— Subsection (a)(1) does not apply under the following circumstances:
|
||||
|
||||
(1) If the Secretary of Defense or the Secretary of the military department concerned—
|
||||
|
||||
(A) identifies a specific end item for which a specific covered material of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price; and
|
||||
|
||||
(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.
|
||||
|
||||
(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States in support of contingency operations or for use outside of the United States.
|
||||
|
||||
(3) To the purchase by the Secretary of an end item containing a covered material that is—
|
||||
|
||||
(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than—
|
||||
|
||||
(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or
|
||||
|
||||
(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
|
||||
|
||||
(B) an electronic device, unless the Secretary of Defense, upon the recommendation of the Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1), determines that the domestic availability of a particular electronic device is critical to national security;
|
||||
|
||||
(C) a neodymium-iron-boron magnet or samarium-cobalt magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States; or
|
||||
|
||||
(D) tantalum, tungsten, or molybdenum produced from recycled material if the contractor demonstrates to the Secretary that the recycled material was produced outside of a covered nation and the melting of the recycled material and any further processing and manufacturing of the recycled material takes place in the United States or in the country of a qualifying foreign government, as defined in section 4863(m)(11) of this title.
|
||||
|
||||
(d) Delegation.— The authorities in subsection (c)—
|
||||
|
||||
(1) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
|
||||
|
||||
(2) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
|
||||
|
||||
(3) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
|
||||
|
||||
(e) National Security Waiver.— (1) In general.— Notwithstanding subsection (a), the Secretary of Defense or the Secretary of the military department concerned, may accept the delivery of an end item containing covered material manufactured in a covered nation if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States.
|
||||
|
||||
(2) Delegation.— A written determination under paragraph (1)—
|
||||
|
||||
(A) may be delegated—
|
||||
|
||||
(i) to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within such military department; and
|
||||
|
||||
(ii) to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department;
|
||||
|
||||
(B) shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and
|
||||
|
||||
(C) shall be provided to the congressional defense committees prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to the defense committees up to 7 days after it is made).
|
||||
|
||||
(3) Application of national security waiver for strategic materials.— If the Secretary of Defense or the authorized delegate has made a determination under subsection (k) of section 4863 of this title for a national security waiver of the restrictions under subsection (a) of that section for a specific end item, the Secretary or authorized delegate may apply that waiver to the restrictions under subsection (a) of this section for the same covered material or end item.
|
||||
|
||||
(f) Definitions.— In this section:
|
||||
|
||||
(1) Covered material.— The term “covered material” means—
|
||||
|
||||
(A) samarium-cobalt magnets;
|
||||
|
||||
(B) neodymium-iron-boron magnets;
|
||||
|
||||
(C) tungsten metal powder;
|
||||
|
||||
(D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy;
|
||||
|
||||
(E) tantalum metals and alloys; and
|
||||
|
||||
(F) molybdenum.
|
||||
|
||||
(2) Covered nation.— The term “covered nation” means—
|
||||
|
||||
(A) the Democratic People’s Republic of North Korea;
|
||||
|
||||
(B) the People’s Republic of China;
|
||||
|
||||
(C) the Russian Federation; and
|
||||
|
||||
(D) the Islamic Republic of Iran.
|
||||
|
||||
(3) End item.— The term “end item” has the meaning given in section 4863(m) of this title.
|
||||
|
||||
(Added Pub. L. 115–232, div. A, title VIII, § 871(a), Aug. 13, 2018, 132 Stat. 1904, § 2533c; amended Pub. L. 116–92, div. A, title VIII, § 849, Dec. 20, 2019, 133 Stat. 1508; renumbered § 4872 and amended Pub. L. 116–283, div. A, title VIII, § 844(a), title XVIII, § 1870(d)(2), (3), Jan. 1, 2021, 134 Stat. 3766, 4286; Pub. L. 117–81, div. A, title XVII, § 1701(t)(2)(B), (C), (3), Dec. 27, 2021, 135 Stat. 2150; Pub. L. 117–263, div. A, title XIV, § 1411(d)(2)(B), Dec. 23, 2022, 136 Stat. 2872; Pub. L. 118–31, div. A, title VIII, § 834, Dec. 22, 2023, 137 Stat. 337; Pub. L. 118–159, div. A, title VIII, § 844(b), Dec. 23, 2024, 138 Stat. 1991; Pub. L. 119–60, div. A, title VIII, §§ 843–844(b)(2), 848, title XVII, § 1701(a)(31), Dec. 18, 2025, 139 Stat. 975, 976, 978, 1209.)
|
||||
|
||||
## Notes
|
||||
|
||||
Amendment of SectionPub. L. 116–283, div. A, title VIII, § 844, Jan. 1, 2021, 134 Stat. 3766, as amended by Pub. L. 119–60, div. A, title VIII, § 848, Dec. 18, 2025, 139 Stat. 978, provided that, effective 6 years after Jan. 1, 2021, this section is amended as follows: (1) in subsection (a), by striking “; or” in paragraph (1) and inserting a semicolon, by striking the period at the end of paragraph (2)(B) and inserting “; or”, and by adding at the end the following new paragraph: “(3) enter into a contract for any covered material mined, refined, or separated in any covered nation.”; and (2) in subsection (c)(3)(A)(i), by striking “tungsten” and inserting “covered material”. See 2021 Amendment notes below. Pub. L. 119–60, div. A, title VIII, § 844(b), Dec. 18, 2025, 139 Stat. 976, provided that, effective two years after Dec. 18, 2025, this section is amended as follows: (1) in subsection (c)(3)(D), by striking “or molybdenum” and inserting “molybdenum, gallium, or germanium”; and (2) in subsection (f)(1), by adding at the end the following new subparagraphs: “(G) germanium; and “(H) gallium.” See 2025 Amendment notes below.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Pub. L. 116–283, § 1870(d)(2), which had initially directed the transfer of section 2536 of this title to this section, was amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), and, after that amendment, such transfer was no longer directed. Instead, Pub. L. 116–283, as amended by Pub. L. 117–81, transferred section 2533c of this title to this section and section 2536 of this title to section 4874.
|
||||
|
||||
Amendments2025—Subsec. (a). Pub. L. 119–60, § 843(1)(A), which directed substitution of “subsections (c) and (e)” for “subsection (c) or subsection (e)” was executed by making the substitution for “subsection (c) or (e)” in introductory provisions, to reflect the probable intent of Congress. Subsec. (a)(1). Pub. L. 119–60, § 843(1)(B), substituted “subsections (c) and (e)” for “subsection (c)”. Subsec. (c)(3)(C). Pub. L. 119–60, § 844(a)(2)(B)(i), inserted “or samarium-cobalt magnet” after “neodymium-iron-boron magnet”. Subsec. (c)(3)(D). Pub. L. 119–60, § 844(b)(2), substituted “molybdenum, gallium, or germanium” for “or molybdenum”. Pub. L. 119–60, § 844(a)(2)(A), (B)(ii), (C), added subpar. (D). Subsec. (e)(1). Pub. L. 119–60, § 1701(a)(31), which directed substitution of “the Secretary of Defense or the Secretary of the military department concerned” for “the Secretary of Defense of the Secretary or the Secretary of the military department concerned”, could not be executed because of the intervening amendment by Pub. L. 119–60, § 843(2)(A). See note below. Pub. L. 119–60, § 843(2)(A), struck out “of the Secretary” after “the Secretary of Defense”. Subsec. (e)(3). Pub. L. 119–60, § 843(2)(B), added par. (3). Subsec. (f)(1)(F). Pub. L. 119–60, § 844(a)(1), added subpar. (F). Subsec. (f)(1)(G), (H). Pub. L. 119–60, § 844(b)(1), added subpars. (G) and (H). 2024—Subsec. (a). Pub. L. 118–159, § 844(b)(1), inserted “or (e)” after “subsection (c)” in introductory provisions. Subsec. (c)(1). Pub. L. 118–159, § 844(b)(2)(A), inserted “or the Secretary of the military department concerned” after “Secretary of Defense” in introductory provisions. Subsec. (c)(2). Pub. L. 118–159, § 844(b)(2)(B), inserted “in support of contingency operations or” before “for use outside”. Subsecs. (d) to (f). Pub. L. 118–159, § 844(b)(3), (4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f). 2023—Subsec. (c). Pub. L. 118–31, § 834(1), substituted “Subsection (a)(1)” for “Subsection (a)” in introductory provisions. Subsec. (c)(1). Pub. L. 118–31, § 834(2), substituted “Defense—” for “Defense determines that covered materials”, inserted subpar. (A) designation and “identifies a specific end item for which a specific covered material” before “of satisfactory quality”, and added subpar. (B). 2022—Subsec. (c)(3)(B). Pub. L. 117–263 substituted “Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1)” for “Strategic Materials Protection Board pursuant to section 187 of this title”. 2021—Pub. L. 116–283, § 1870(d)(3)(B), as amended by Pub. L. 117–81, § 1701(t)(3), amended section catchline generally. Prior to amendment, section catchline read as follows: “Prohibition on acquisition of sensitive materials from non-allied foreign nations”. Pub. L. 116–283, § 1870(d)(2), as amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2533c of this title as this section. Subsec. (a)(3). Pub. L. 116–283, § 844(a)(1), as amended by Pub. L. 119–60, § 848, added par. (3). Subsec. (c)(3)(A)(i). Pub. L. 116–283, § 844(a)(2), as amended by Pub. L. 119–60, § 848(1), substituted “covered material” for “tungsten”. Subsec. (d)(3). Pub. L. 116–283, § 1870(d)(3)(A), as amended by Pub. L. 117–81, § 1701(t)(3), substituted “section 4863(m)” for “section 2533b(m)”. 2019—Subsec. (a)(2). Pub. L. 116–92, § 849(a), substituted “material” for “covered material” in introductory provisions. Subsec. (d)(1)(E). Pub. L. 116–92, § 849(b), added subpar. (E).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2025 AmendmentPub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below for section 1870(d)(2), (3) of Pub. L. 116–283. Pub. L. 116–283, div. A, title VIII, § 844(b), Jan. 1, 2021, 134 Stat. 3766, as amended by Pub. L. 118–31, div. A, title VIII, § 854, Dec. 22, 2023, 137 Stat. 345, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is 6 years after the date of the enactment of this Act [Jan. 1, 2021].” Amendment by section 1870(d)(2), (3) of Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,121 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4873"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "385"
|
||||
chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
|
||||
section: "4873"
|
||||
citation: "10 U.S.C. § 4873"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4873 - Additional requirements pertaining to printed circuit boards
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— (1) Beginning on the date determined under paragraph (3), the Secretary of Defense may not acquire a covered printed circuit board from a covered nation.
|
||||
|
||||
(2) Paragraph (1) shall not apply with respect to any acquisition of supplies or services below the micro-purchase threshold under section 3573 of this title.
|
||||
|
||||
(3) Paragraph (1) shall take effect on January 1, 2027.
|
||||
|
||||
(b) Waiver.— (1) The Secretary may waive the prohibition under subsection (a) if the Secretary determines in writing that—
|
||||
|
||||
(A) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by such waiver;
|
||||
|
||||
(B) the waiver is required to support national security; and
|
||||
|
||||
(C) a covered printed circuit board of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from nations other than a covered nation at reasonable cost, excluding comparisons with non-market economies.
|
||||
|
||||
(2) Not later than 10 days after the Secretary provides a waiver under paragraph (1), the Secretary shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a written notice setting forth the reasoning for the waiver, together with a copy of the waiver itself.
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) Covered nation.— The term “covered nation” means—
|
||||
|
||||
(A) the Democratic People’s Republic of North Korea;
|
||||
|
||||
(B) the People’s Republic of China;
|
||||
|
||||
(C) the Russian Federation; and
|
||||
|
||||
(D) the Islamic Republic of Iran.
|
||||
|
||||
(2) Covered printed circuit board.— The term “covered printed circuit board” means any specified type of partially manufactured or complete bare printed circuit board or fully or partially assembled printed circuit board that—
|
||||
|
||||
(A) performs a mission critical function in any product or service that is not a commercial product or commercial service; or
|
||||
|
||||
(B) is a component of—
|
||||
|
||||
(i) a defense security system; or
|
||||
|
||||
(ii) a system, other than a defense security system, that transmits or stores information and which the Secretary identifies as national security sensitive in the contract under which such printed circuit board is acquired.
|
||||
|
||||
(3) Secretary.— The term “Secretary” means the Secretary of Defense.
|
||||
|
||||
(4) Commercial product; commercial service; commercially available off-the shelf item.— The terms “commercial product”, “commercial service”, and “commercially available off-the-shelf item” have the meanings given such terms in sections 103, 103a, and 104 of title 41, respectively.
|
||||
|
||||
(5) Defense security system.— (A) The term “defense security system” means an information system (including a telecommunications system) used or operated by the Department of Defense, by a contractor of the Department, or by another organization on behalf of the Department, the function, operation, or use of which—
|
||||
|
||||
(i) involves command and control of an armed force;
|
||||
|
||||
(ii) involves equipment that is an integral part of a weapon or weapon system; or
|
||||
|
||||
(iii) subject to subparagraph (B), is critical to the direct fulfillment of military missions.
|
||||
|
||||
(B) Subparagraph (A)(iii) does not include a system that is to be used for routine administrative and business applications (including payroll, finance, logistics, and personnel management applications).
|
||||
|
||||
(6) Specified type.— The term “specified type” means a printed circuit board that is—
|
||||
|
||||
(A) a component of an electronic device that facilitates the routing, connecting, transmitting or securing of data and is commonly connected to a network, and
|
||||
|
||||
(B) any other end item, good, or product specified by the Secretary in accordance with subsection (d)(2).
|
||||
|
||||
(d) Rulemaking.— (1) The Secretary may issue rules providing that subsection (a) may not apply with respect to an acquisition of commercial products, commercial services, and commercially available off-the-shelf items if—
|
||||
|
||||
(A) the contractor is capable of meeting minimum requirements that the Secretary deems necessary to provide for the security of national security networks and weapon systems; including, at a minimum, compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note); and
|
||||
|
||||
(B) either—
|
||||
|
||||
(i) the Government and the contractor have agreed to a contract requiring the contractor to take certain actions to ensure the integrity and security of the item, including protecting the item from unauthorized access, use, disclosure, disruption, modification, or destruction; or
|
||||
|
||||
(ii) the Secretary has determined that the contractor has adopted such procedures, tools, and methods for identifying the sources of components of such item, based on commercial best practices, that meet or exceed the applicable trusted supply chain and operational security standards of the Department of Defense.
|
||||
|
||||
(2) The Secretary may issue rules specifying end items, goods, and products for which a printed circuit board that is a component thereof shall be a specified type if the Secretary has promulgated final regulations, after an opportunity for notice and comment that is not less than 12 months, implementing this section.
|
||||
|
||||
(3) In carrying out this section, the Secretary shall, to the maximum extent practicable, avoid imposing contractual certification requirements with respect to the acquisition of commercial products, commercial services, or commercially available off-the-shelf items.
|
||||
|
||||
(e) Applicability.— This section shall apply only with respect to contracts entered into after the issuance of a final rule implementing this section.
|
||||
|
||||
(f) Rule of Construction.— Nothing in this section shall be construed to prohibit the Department of Defense from entering into a contract with an entity that connects to the facilities of a third party, for the purposes of backhaul, roaming, or interconnection arrangements, on the basis of the noncompliance by the third party with the provisions of this section or use of equipment or services that do not route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title VIII, § 841(a), Jan. 1, 2021, 134 Stat. 3762, § 2533d; amended Pub. L. 117–81, div. A, title VIII, § 851(a), Dec. 27, 2021, 135 Stat. 1844; renumbered § 4873 and amended Pub. L. 117–81, div. A, title XVII, § 1701(e)(2)(A), Dec. 27, 2021, 135 Stat. 2138.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 117–81 renumbered section 2533d of this title as this section. Subsec. (a)(1). Pub. L. 117–81, § 851(a)(1)(A), substituted “the date determined under paragraph (3)” for “January 1, 2023”. Subsec. (a)(2). Pub. L. 117–81 substituted “section 3573” for “section 2338”. Subsec. (a)(3). Pub. L. 117–81, § 851(a)(1)(B), added par. (3). Subsec. (c)(2). Pub. L. 117–81, § 851(a)(2)(A)(i), inserted “specified type of” after “means any” in introductory provisions. Subsec. (c)(2)(A). Pub. L. 117–81, § 851(a)(2)(A)(ii), struck out “(as such terms are defined under sections 103 and 103a of title 41, respectively)” after “commercial service”. Subsec. (c)(2)(B). Pub. L. 117–81, § 851(a)(2)(A)(iii), amended subpar. (b) generally. Prior to amendment, subpar. (B) read as follows: “the Secretary designates as a covered printed circuit board, after reasonable notice, based on a determination that the designation is required to support national security.” Subsec. (c)(4) to (6). Pub. L. 117–81, § 851(a)(2)(B), added pars. (4) to (6). Subsec. (d). Pub. L. 117–81, § 851(a)(3), amended subsec. (d) generally. Prior to amendment, text read as follows: “Not later than May 1, 2022, the Secretary shall promulgate regulations, after an opportunity for notice and comment, implementing this section.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by section 1701(e)(1)(A) of Pub. L. 117–81, renumbering section 2358d of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2358d was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title.
|
||||
|
||||
Trusted SupplyPub. L. 116–283, div. A, title VIII, § 841(c), Jan. 1, 2021, 134 Stat. 3764, provided that: “The Secretary of Defense shall apply the requirements of section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2302 note [now 10 U.S.C. 4501 note prec.]) to the acquisition of covered printed circuit boards (as such term is defined under [former] section 2533d(c) of title 10, United States Code, [now 10 U.S.C. 4873(c)] as added by this section).”
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4874 - Award of certain contracts to entities controlled by a foreign government: prohibition
|
||||
|
||||
## Text
|
||||
|
||||
(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—
|
||||
|
||||
(i) the Secretary concerned determines that the waiver will advance the environmental restoration, remediation, or waste management objectives of the department concerned and will not harm the national security interests of the United States; and
|
||||
|
||||
(ii) the entity to which the contract is awarded is controlled by a foreign government with which the Secretary concerned is authorized to exchange Restricted Data under section 144 c. of the Atomic Energy Act of 1954 (42 U.S.C. 2164(c)).
|
||||
|
||||
(2) The Secretary concerned shall notify Congress of any decision to grant a waiver under paragraph (1)(B) with respect to a contract. The contract may be awarded only after the end of the 45-day period beginning on the date the notification is received by the committees.
|
||||
|
||||
(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,
|
||||
|
||||
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—
|
||||
|
||||
(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.
|
||||
|
||||
(Added Pub. L. 102–484, div. A, title VIII, § 836(a)(1), Oct. 23, 1992, 106 Stat. 2462, § 2536; amended Pub. L. 103–35, title II, § 201(d)(4), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title VIII, § 842(a)–(c)(1), Nov. 30, 1993, 107 Stat. 1719; Pub. L. 104–201, div. A, title VIII, § 828, Sept. 23, 1996, 110 Stat. 2611; renumbered § 4874, Pub. L. 116–283, div. A, title XVIII, § 1870(d)(2), Jan. 1, 2021, 134 Stat. 4286; Pub. L. 117–81, div. A, title XVII, § 1701(t)(2)(B), (C), Dec. 27, 2021, 135 Stat. 2150.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1870(d)(2), as amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2536 of this title as this section. 1996—Subsec. (b). Pub. L. 104–201 amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.” 1993—Pub. L. 103–160, § 842(c)(1), substituted “Award of certain contracts to entities controlled by a foreign government: prohibition” for “Prohibition on award of certain Department of Defense and Department of Energy contracts to companies owned by an entity controlled by a foreign government.” as section catchline. Pub. L. 103–35 struck out period at end of section catchline. Subsec. (a). Pub. L. 103–160, § 842(a), struck out “a company owned by” after “awarded to” and substituted “that entity” for “that company”. Subsec. (c)(1). Pub. L. 103–160, § 842(b), inserted at end “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.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective DatePub. L. 102–484, div. A, title VIII, § 836(b), Oct. 23, 1992, 106 Stat. 2463, provided that: “Section 2536 of title 10, United States Code [now 10 U.S.C. 4874], as added by subsection (a), shall apply with respect to contracts entered into after the expiration of the 90-day period beginning on the date of the enactment of this Act [Oct. 23, 1992].”
|
||||
|
||||
Removal of National Interest Determination Requirements for Certain EntitiesPub. L. 115–232, div. A, title VIII, § 842, Aug. 13, 2018, 132 Stat. 1878, provided that: “(a) In General.—Effective October 1, 2020, a covered NTIB entity operating under a special security agreement pursuant to the National Industrial Security Program shall not be required to obtain a national interest determination as a condition for access to proscribed information. “(b) Acceleration Authorized.—Notwithstanding the effective date of this section, the Secretary of Defense, in consultation with the Director of the Information Security Oversight Office, may waive the requirement to obtain a national interest determination for a covered NTIB entity operating under such a special security agreement that has—“(1) a demonstrated successful record of compliance with the National Industrial Security Program; and “(2) previously been approved for access to proscribed information. “(c) Definitions.—In this section:“(1) Covered ntib entity.—The term ‘covered NTIB entity’ means a person that is a subsidiary located in the United States—“(A) for which the ultimate parent company and any intermediate parent companies of such subsidiary are located in a country that is part of the national technology and industrial base (as defined in section 2500 of title 10, United States Code [now 10 U.S.C. 4801]); and “(B) that is subject to the foreign ownership, control, or influence requirements of the National Industrial Security Program. “(2) Proscribed information.—The term ‘proscribed information’ means information that is—“(A) classified at the level of top secret; “(B) communications security information (excluding controlled cryptographic items when un-keyed or utilized with unclassified keys); “(C) restricted data (as defined in section 11 of the Atomic Energy Act of 1954 (42 U.S.C. 2014)); “(D) special access program information under section 4.3 of Executive Order No. 13526 (75 Fed. Reg. 707; 50 U.S.C. 3161 note) or successor order; or “(E) designated as sensitive compartmented information.”
|
||||
|
||||
Review Regarding Applicability of Foreign Ownership, Control, or Influence Requirements of National Industrial Security Program to National Technology and Industrial Base CompaniesPub. L. 115–91, div. A, title XVII, § 1712, Dec. 12, 2017, 131 Stat. 1811, as amended by Pub. L. 116–283, div. A, title XVIII, § 1866(d)(5), Jan. 1, 2021, 134 Stat. 4280, provided that: “(a) Review.—The Secretary of Defense, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, shall review whether organizations whose ownership or majority control is based in a country that is part of the national technology and industrial base should be exempted from one or more of the foreign ownership, control, or influence requirements of the National Industrial Security Program. “(b) Authority.—The Secretary of Defense may establish a program to exempt organizations described under subsection (a) from one or more of the foreign ownership, control, or influence requirements of the National Industrial Security Program. Any such program shall comply with the requirements of this subsection.“(1) In general.—Under a program established under this subsection, the Secretary, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, shall maintain a list of organizations owned or controlled by a country that is part of the national technology and industrial base that are eligible for exemption from the requirements described under such subsection. “(2) Determinations of eligibility.—Under a program established under this subsection, the Secretary of Defense, with the concurrence of the Secretary of State and after consultation with the Director of the Information Security Oversight Office, may (on a case-by-case basis and for the purpose of supporting specific needs of the Department of Defense) designate an organization whose ownership or majority control is based in a country that is part of the national technology and industrial base as exempt from the requirements described under subsection (a) upon a determination that such exemption—“(A) is beneficial to improving collaboration within countries that are a part of the national technology and industrial base; “(B) is in the national security interest of the United States; and “(C) will not result in a greater risk of the disclosure of classified or sensitive information consistent with the National Industrial Security Program. “(3) Exercise of authority.—The authority under this subsection may be exercised beginning on the date that is the later of—“(A) the date that is 60 days after the Secretary of Defense, in consultation with the Secretary of State and the Director of the Information Security Oversight Office, submits to the appropriate congressional committees a report summarizing the review conducted under subsection (a); and “(B) the date that is 30 days after the Secretary of Defense, in consultation with the Secretary of State and the Director of the Information Security Oversight Office, submits to the appropriate congressional committees a written notification of a determination made under paragraph (2), including a discussion of the issues related to the foreign ownership or control of the organization that were considered as part of the determination. “(c) Definitions.—In this section:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ has the meaning given the term in section 301 of title 10, United States Code. “(2) National technology and industrial base.—the [sic] term ‘national technology and industrial base’ has the meaning given the term in section 4801 of title 10, United States Code.”
|
||||
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|
||||
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|
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||||
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|
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|
||||
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|
||||
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|
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4875 - Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations
|
||||
|
||||
## Text
|
||||
|
||||
(a) In General.— Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
|
||||
|
||||
(b) Applicability.— Subsection (a) shall apply to prime contracts and subcontracts at any tier.
|
||||
|
||||
(c) Exceptions.— (1) In general.— Subsection (a) does not apply under the following circumstances:
|
||||
|
||||
(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.
|
||||
|
||||
(B) The procurement of a covered item for use outside of the United States.
|
||||
|
||||
(C) Purchases for amounts not greater than $150,000.
|
||||
|
||||
(2) Limitation.— A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
|
||||
|
||||
(d) Definitions.— In this section:
|
||||
|
||||
(1) Covered item.— The term “covered item” means an article or item of—
|
||||
|
||||
(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
|
||||
|
||||
(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
|
||||
|
||||
(2) Covered nation.— The term “covered nation” means—
|
||||
|
||||
(A) the Democratic People’s Republic of North Korea;
|
||||
|
||||
(B) the People’s Republic of China;
|
||||
|
||||
(C) the Russian Federation; and
|
||||
|
||||
(D) the Islamic Republic of Iran.
|
||||
|
||||
(Added Pub. L. 117–81, div. A, title VIII, § 802(a)(1), Dec. 27, 2021, 135 Stat. 1812, § 2533e; renumbered § 4875, Pub. L. 117–81, div. A, title VIII, § 802(b)(1), Dec. 27, 2021, 135 Stat. 1813.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 117–81 renumbered section 2533e of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 117–81, which renumbered section 2533e of this title as this section, deemed to have taken effect immediately before section 1881 of Pub. L. 116–283, subsec. (a) of which had repealed chapter 148 of this title, where section 2533c was located. See section 881(a) of Pub. L. 117–263, set out as a note under section 4027 of this title. Pub. L. 117–81, div. A, title VIII, § 802(b)(3), Dec. 27, 2021, 135 Stat. 1814, provided that: “The transfer, redesignation, and amendments made by this subsection [renumbering section 2533e of this title as this section] shall take effect immediately after the amendments made by title XVIII of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 [Pub. L. 116–283] take effect [Jan. 1, 2022].” See note above.
|
||||
|
||||
References; Savings Provision; Rule of ConstructionPub. L. 117–81, div. A, title VIII, § 802(b)(4), Dec. 27, 2021, 135 Stat. 1814, provided that: “Sections 1883 through 1885 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Public Law 116–283) [set out as notes preceding section 3001 of this title] shall apply with respect to the transfers, redesignations, and amendments made under this subsection [see Effective Date of 2021 Amendment note above] as if such transfers, redesignations, and amendments were made under title XVIII of such Act.”
|
||||
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|
||||
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4881 - Defense Industrial Reserve
|
||||
|
||||
## Text
|
||||
|
||||
(a) Declaration of Purpose and Policy.— It is the intent of Congress—
|
||||
|
||||
(1) to provide a comprehensive and continuous program for the future safety and for the defense of the United States by providing adequate measures whereby an essential nucleus of Government-owned industrial plants and an industrial reserve of machine tools and other industrial manufacturing equipment may be assured for immediate use to supply the needs of the armed forces in time of national emergency or in anticipation thereof;
|
||||
|
||||
(2) that such Government-owned plants and such reserve shall not exceed in number or kind the minimum requirements for immediate use in time of national emergency, and that any such items which shall become excess to such requirements shall be disposed of as expeditiously as possible;
|
||||
|
||||
(3) that to the maximum extent practicable, reliance will be placed upon private industry for support of defense production; and
|
||||
|
||||
(4) that machine tools and other industrial manufacturing equipment may be held in plant equipment packages or in a general reserve to maintain a high state of readiness for production of critical items of defense materiel, to provide production capacity not available in private industry for defense materiel, or to assist private industry in time of national disaster.
|
||||
|
||||
(b) Powers and Duties of the Secretary of Defense.— (1) To execute the policy set forth in subsection (a), the Secretary of Defense shall—
|
||||
|
||||
(A) determine which industrial plants and installations (including machine tools and other industrial manufacturing equipment) should become a part of the Defense Industrial Reserve;
|
||||
|
||||
(B) designate what excess industrial property shall be disposed of;
|
||||
|
||||
(C) establish general policies and provide for the transportation, handling, care, storage, protection, maintenance, repair, rebuilding, utilization, recording, leasing and security of such property;
|
||||
|
||||
(D) direct the transfer without reimbursement of such property to other Government agencies with the consent of such agencies;
|
||||
|
||||
(E) direct the leasing of any of such property to designated lessees;
|
||||
|
||||
(F) authorize the disposition in accordance with existing law of any of such property when in the opinion of the Secretary such property is no longer needed by the Department of Defense; and
|
||||
|
||||
(G) notwithstanding chapter 5 of title 40 and any other provision of law, authorize the transfer to a nonprofit educational institution or training school, on a nonreimbursable basis, of any such property already in the possession of such institution or school whenever the program proposed by such institution or school for the use of such property is in the public interest.
|
||||
|
||||
(2) (A) The Secretary of a military department to which equipment or other property is transferred from the Defense Industrial Reserve shall reimburse appropriations available for the purposes of the Defense Industrial Reserve for the full cost (including direct and indirect costs) of—
|
||||
|
||||
(i) storage of such property;
|
||||
|
||||
(ii) repair and maintenance of such property; and
|
||||
|
||||
(iii) overhead allocated to such property.
|
||||
|
||||
(B) The Secretary of Defense shall prescribe regulations establishing general policies and fee schedules for reimbursements under subparagraph (A).
|
||||
|
||||
(c) Definitions.— In this section:
|
||||
|
||||
(1) The term “Defense Industrial Reserve” means—
|
||||
|
||||
(A) a general reserve of industrial manufacturing equipment, including machine tools, selected by the Secretary of Defense for retention for national defense or for other emergency use;
|
||||
|
||||
(B) those industrial plants and installations held by and under the control of the Department of Defense in active or inactive status, including Government-owned/Government-operated plants and installations and Government-owned/contractor-operated plants and installations which are retained for use in their entirety, or in part, for production of military weapons systems, munitions, components, or supplies; and
|
||||
|
||||
(C) those industrial plants and installations under the control of the Secretary which are not required for the immediate need of any department or agency of the Government and which should be sold, leased, or otherwise disposed of.
|
||||
|
||||
(2) The term “plant equipment package” means a complement of active and idle machine tools and other industrial manufacturing equipment held by and under the control of the Department of Defense and approved by the Secretary for retention to produce particular defense materiel or defense supporting items at a specific level of output in the event of emergency.
|
||||
|
||||
(Added and amended Pub. L. 102–484, div. D, title XLII, § 4235, Oct. 23, 1992, 106 Stat. 2690, § 2535; Pub. L. 103–35, title II, § 201(c)(8), May 31, 1993, 107 Stat. 98; Pub. L. 103–337, div. A, title III, § 379(a), Oct. 5, 1994, 108 Stat. 2737; Pub. L. 107–107, div. A, title X, § 1048(a)(23), Dec. 28, 2001, 115 Stat. 1224; Pub. L. 107–217, § 3(b)(7), Aug. 21, 2002, 116 Stat. 1295; renumbered § 4881, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification The text of section 451 of Title 50, War and National Defense, which was transferred to this section, designated subsec. (a), and amended by Pub. L. 102–484, § 4235(a)(2), was based on acts July 2, 1948, ch. 811, § 2, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, § 809, 87 Stat. 617. The text of section 453 of Title 50 which was transferred to this section, designated subsec. (b), and amended by Pub. L. 102–484, § 4235(a)(3), was based on acts July 2, 1948, ch. 811, § 4, 62 Stat. 1226; Nov. 16, 1973, Pub. L. 93–155, title VIII, § 809, 87 Stat. 617; Nov. 14, 1986, Pub. L. 99–661, div. A, title XIII, § 1359(a), 100 Stat. 3999. For effective date of 1986 amendment, see section 1359(b) of Pub. L. 99–661. The text of section 452 of Title 50 which was transferred to this section, designated subsec. (c), and amended by Pub. L. 102–484, § 4235(b), was based on acts July 2, 1948, ch. 811, § 3, 62 Stat. 1225; Nov. 16, 1973, Pub. L. 93–155, title VIII, § 809, 87 Stat. 617.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2535 of this title as this section. 2002—Subsec. (b)(1)(G). Pub. L. 107–217 substituted “chapter 5 of title 40” for “title II of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 481 et seq.)”. 2001—Subsec. (a). Pub. L. 107–107, § 1048(a)(23)(A)(i), substituted “intent of Congress—” for “intent of Congress” in introductory provisions. Subsec. (a)(1). Pub. L. 107–107, § 1048(a)(23)(A)(ii), (iii), substituted “armed forces” for “Armed Forces” and realigned margins. Subsec. (a)(2) to (4). Pub. L. 107–107, § 1048(a)(23)(A)(ii), realigned margins. Subsec. (b)(1). Pub. L. 107–107, § 1048(a)(23)(B)(i), substituted “in subsection (a), the Secretary of Defense shall—” for “in this section, the Secretary is authorized and directed to—” in introductory provisions. Subsec. (b)(1)(A). Pub. L. 107–107, § 1048(a)(23)(B)(ii), substituted “Defense Industrial Reserve” for “defense industrial reserve”. Subsec. (c). Pub. L. 107–107, § 1048(a)(23)(C), redesignated par. (2) as (1), substituted “means—” for “means” in introductory provisions, realigned margins of subpars. (A) to (C) of par. (1) and inserted “and” after semicolon in subpar. (B), redesignated par. (3) as (2), and struck out former par. (1) which read as follows: “The term ‘Secretary’ means Secretary of Defense.” 1994—Subsec. (b)(1)(G). Pub. L. 103–337 amended subpar. (G) generally. Prior to amendment, subpar. (G) read as follows: “authorize and regulate the lending of any such property to any nonprofit educational institution or training school whenever (i) the program proposed by such institution or school for the use of such property will contribute materially to national defense, and (ii) such institution or school shall by agreement make such provision as the Secretary shall deem satisfactory for the proper maintenance and care of such property and for its return, without expense to the Government, upon request of the Secretary.” 1993—Subsec. (b)(2)(B). Pub. L. 103–35 substituted “subparagraph (A)” for “paragraph (1)”. 1992—Pub. L. 102–484, § 4235(a), added section number and catchline. Subsec. (a). Pub. L. 102–484, § 4235(a)(2), transferred the text of section 451 of Title 50, War and National Defense, to this section, designated it subsec. (a), inserted heading, and substituted “It” for “In enacting this chapter it” in introductory provisions. See Codification note above. Subsec. (b). Pub. L. 102–484, § 4235(a)(3), transferred the text of section 453 of Title 50, War and National Defense, to the end of this section and designated it subsec. (b), inserted heading, redesignated former subsec. (a) of section 453 as par. (1), substituted “in this section” for “in this chapter” in introductory provisions, redesignated former pars. (1) to (7) as subpars. (A) to (G), respectively, in subpar. (G) redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, redesignated former subsec. (b) of section 453 as par. (2), and in par. (2) redesignated former par. (1) as subpar. (A), former subpars. (A) to (C) as cls. (i) to (iii), and former par. (2) as subpar. (B). See Codification note above. Subsec. (c). Pub. L. 102–484, § 4235(b), transferred the text of section 452 of Title 50, War and National Defense, to the end of this section, designated it subsec. (c), inserted heading, and substituted “In this section:” for “As used in this chapter—” in introductory provisions. See Codification note above.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Treatment of Property Loaned Before December 31, 1993 to Educational Institutions or Training SchoolsPub. L. 103–337, div. A, title III, § 379(b), Oct. 5, 1994, 108 Stat. 2737, provided that: “Except for property determined by the Secretary of Defense to be needed by the Department of Defense, property loaned before December 31, 1993, to an educational institution or training school under section 2535(b) of title 10, United States Code [now 10 U.S.C. 4881(b)], or section 4(a)(7) of the Defense Industrial Reserve Act (as in effect before October 23, 1992 [former section 453(a)(7) of Title 50, War and National Defense, see Codification and 1992 Amendment notes above]) shall be regarded as surplus property. Upon certification by the Secretary to the Administrator of General Services that the property is being used by the borrowing educational institution or training school for a purpose consistent with that for which the property was loaned, the Administrator may authorize the conveyance of all right, title, and interest of the United States in such property to the borrower if the borrower agrees to accept the property. The Administrator may require any additional terms and conditions in connection with a conveyance so authorized that the Administrator considers appropriate to protect the interests of the United States.”
|
||||
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4882 - Industrial mobilization: orders; priorities; possession of manufacturing plants; violations
|
||||
|
||||
## Text
|
||||
|
||||
(a) Ordering Authority.— In time of war or when war is imminent, the President, through the head of any department, may order from any person or organized manufacturing industry necessary products or materials of the type usually produced or capable of being produced by that person or industry.
|
||||
|
||||
(b) Compliance With Order Required.— A person or industry with whom an order is placed under subsection (a), or the responsible head thereof, shall comply with that order and give it precedence over all orders not placed under that subsection.
|
||||
|
||||
(c) Seizure of Manufacturing Plants Upon Noncompliance.— In time of war or when war is imminent, the President, through the head of any department, may take immediate possession of any plant that is equipped to manufacture, or that in the opinion of the head of that department is capable of being readily transformed into a plant for manufacturing, arms or ammunition, parts thereof, or necessary supplies for the armed forces if the person or industry owning or operating the plant, or the responsible head thereof, refuses—
|
||||
|
||||
(1) to give precedence to the order as prescribed in subsection (b);
|
||||
|
||||
(2) to manufacture the kind, quantity, or quality of arms or ammunition, parts thereof, or necessary supplies, as ordered by the head of such department; or
|
||||
|
||||
(3) to furnish them at a reasonable price as determined by the head of such department.
|
||||
|
||||
(d) Use of Seized Plant.— The President, through the head of any department, may manufacture products that are needed in time of war or when war is imminent, in any plant that is seized under subsection (c).
|
||||
|
||||
(e) Compensation Required.— Each person or industry from whom products or materials are ordered under subsection (a) is entitled to fair and just compensation. Each person or industry whose plant is seized under subsection (c) is entitled to a fair and just rental.
|
||||
|
||||
(f) Criminal Penalty.— Whoever fails to comply with this section shall be imprisoned for not more than three years and fined under title 18.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1704, § 2538; amended Pub. L. 103–337, div. A, title VIII, § 811, Oct. 5, 1994, 108 Stat. 2815; renumbered § 4882, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in sections 4501 and 9501 of this title, prior to repeal by Pub. L. 103–160, § 822(a)(2).
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2538 of this title as this section. 1994—Subsec. (a). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”. Subsec. (c). Pub. L. 103–337, § 811, substituted “through the head of any department” for “through the Secretary of Defense” and “opinion of the head of that department” for “opinion of the Secretary of Defense” in introductory provisions and “head of such department” for “Secretary” in pars. (2) and (3). Subsec. (d). Pub. L. 103–337, § 811(1), substituted “head of any department” for “Secretary of Defense”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
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|
||||
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|
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||||
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---
|
||||
|
||||
# 10 U.S.C. § 4883 - Industrial mobilization: plants; lists
|
||||
|
||||
## Text
|
||||
|
||||
(a) List of Plants Equipped to Manufacture Arms or Ammunition.— The Secretary of Defense may maintain a list of all privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are equipped to manufacture for the armed forces arms or ammunition, or parts thereof, and may obtain complete information of the kinds of those products manufactured or capable of being manufactured by each of those plants, and of the equipment and capacity of each of those plants.
|
||||
|
||||
(b) List of Plants Convertible Into Ammunition Factories.— The Secretary of Defense may maintain a list of privately owned plants in the United States, and the territories, Commonwealths, and possessions of the United States, that are capable of being readily transformed into factories for the manufacture of ammunition for the armed forces and that have a capacity sufficient to warrant conversion into ammunition plants in time of war or when war is imminent, and may obtain complete information as to the equipment of each of those plants.
|
||||
|
||||
(c) Conversion Plans.— The Secretary of Defense may prepare comprehensive plans for converting each plant listed pursuant to subsection (b) into a factory for the manufacture of ammunition or parts thereof.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1705, § 2539; renumbered § 4883, Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2)(A), Jan. 1, 2021, 134 Stat. 4286.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in sections 4502(a)–(c) and 9502(a)–(c) of this title, prior to repeal by Pub. L. 103–160, § 822(a)(2).
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2539 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
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|
||||
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|
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||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4884 - Industrial mobilization: Board on Mobilization of Industries Essential for Military Preparedness
|
||||
|
||||
## Text
|
||||
|
||||
The President may appoint a nonpartisan Board on Mobilization of Industries Essential for Military Preparedness, and may provide necessary clerical assistance, to organize and coordinate operations under sections 4882 and 4883 of this title.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title VIII, § 822(a)(1), Nov. 30, 1993, 107 Stat. 1705, § 2540; renumbered § 2539a, Pub. L. 103–337, div. A, title X, § 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; renumbered § 4884 and amended Pub. L. 116–283, div. A, title XVIII, § 1870(e)(2), Jan. 1, 2021, 134 Stat. 4286.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsProvisions similar to those in this section were contained in sections 4502(d) and 9502(d) of this title, prior to repeal by Pub. L. 103–160, § 822(a)(2).
|
||||
|
||||
Amendments2021—Pub. L. 116–283, § 1870(e)(2)(B), substituted “sections 4882 and 4883” for “sections 2538 and 2539”. Pub. L. 116–283, § 1870(e)(2)(A), renumbered section 2539a of this title as this section. 1994—Pub. L. 103–337 renumbered section 2540 of this title as section 2539a.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4891"
|
||||
description: "Improved national defense control of technology diversions overseas"
|
||||
jurisdiction: "us"
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corpus: "united_states_code"
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||||
kind: "code_section"
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title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "385"
|
||||
chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
|
||||
section: "4891"
|
||||
citation: "10 U.S.C. § 4891"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
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||||
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text_hash: "2e36473a1b86a0c354d5bc1c26d2af0a2130676c57c01a476799367572d44030"
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4891 - Improved national defense control of technology diversions overseas
|
||||
|
||||
## Text
|
||||
|
||||
(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) 11 See References in Text note below. 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.
|
||||
|
||||
(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.
|
||||
|
||||
(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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 721(a) of the Defense Production Act of 1950, referred to in subsec. (b), is section 721(a) of act Sept. 8, 1950, ch. 932, as added by Pub. L. 100–418, title V, § 5021, Aug. 23, 1988, 102 Stat. 1425, which is classified to section 4565(a) of Title 50, War and National Defense. Section 721(a) of the Act was struck out, and a new section 721(a) was added, by Pub. L. 110–49, § 2, July 26, 2007, 121 Stat. 246. As so added, section 721(a) does not refer to investigations by the President or the President’s designee.
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2537 of this title as this section. 2017—Subsecs. (b), (c). Pub. L. 115–91 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). Pub. L. 114–328 substituted “(50 U.S.C. 4565(a))” for “(50 U.S.C. App. 2170(a))”. 2002—Subsec. (a). Pub. L. 107–314 substituted “$10,000,000” for “$100,000”. 1993—Subsec. (a). Pub. L. 103–35, § 201(d)(5), substituted “respectively, that” for “respectively, which”. Subsec. (d). Pub. L. 103–35, § 201(h)(2), struck out subsec. (d) which read as follows: “In this section, the term ‘defense critical technology’ has the meaning provided that term by section 2491(8) of this title.”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 4892"
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||||
description: "Availability of samples, drawings, information, equipment, materials, and certain services"
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|
||||
chapter_number: "385"
|
||||
chapter_name: "OTHER TECHNOLOGY BASE POLICIES AND PROGRAMS"
|
||||
section: "4892"
|
||||
citation: "10 U.S.C. § 4892"
|
||||
status: "current"
|
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release_point: "119-100"
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||||
release_date: "2026-06-26"
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source: "official"
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confidence: "official"
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||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 10 U.S.C. § 4892 - Availability of samples, drawings, information, equipment, materials, and certain services
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— The Secretary of Defense and the Secretaries of the military departments, under regulations prescribed by the Secretary of Defense and when determined by the Secretary of Defense or the Secretary concerned to be in the interest of national defense, may each—
|
||||
|
||||
(1) sell, rent, lend, or give samples, drawings, and manufacturing or other information (subject to the rights of third parties) to any person or entity;
|
||||
|
||||
(2) sell, rent, or lend government equipment or materials to any person or entity—
|
||||
|
||||
(A) for use in independent research and development programs, subject to the condition that the equipment or material be used exclusively for such research and development; or
|
||||
|
||||
(B) for use in demonstrations to a friendly foreign government;
|
||||
|
||||
(3) make available to any person or entity, at an appropriate fee, the services of any government laboratory, center, range, or other testing facility for the testing of materials, equipment, models, computer software, and other items; and
|
||||
|
||||
(4) make available to any person or entity, through leases, contracts, or other appropriate arrangements, facilities, services, and equipment of any government laboratory, research center, or range, if the facilities, services, and equipment provided will not be in direct competition with the domestic private sector.
|
||||
|
||||
(b) Confidentiality of Test Results.— The results of tests performed with services made available under subsection (a)(3) are confidential and may not be disclosed outside the Federal Government without the consent of the persons for whom the tests are performed.
|
||||
|
||||
(c) Fees.— Fees made available under subsections (a)(3) and (a)(4) shall be established in the regulations prescribed pursuant to subsection (a). Such fees may not exceed the amount necessary to recoup the direct and indirect costs involved, such as direct costs of utilities, contractor support, and salaries of personnel that are incurred by the United States to provide for the testing.
|
||||
|
||||
(d) Use of Fees.— Fees received under subsections (a)(3) and (a)(4) may be credited to the appropriations or other funds of the activity making such services available.
|
||||
|
||||
(Added Pub. L. 103–160, div. A, title VIII, § 822(b)(1), Nov. 30, 1993, 107 Stat. 1705, § 2541; renumbered § 2539b, Pub. L. 103–337, div. A, title X, § 1070(a)(13)(A), Oct. 5, 1994, 108 Stat. 2856; amended Pub. L. 103–355, title III, § 3022, Oct. 13, 1994, 108 Stat. 3333; Pub. L. 104–106, div. A, title VIII, § 804, div. D, title XLIII, § 4321(a)(8), Feb. 10, 1996, 110 Stat. 390, 671; Pub. L. 106–65, div. A, title X, § 1066(a)(23), Oct. 5, 1999, 113 Stat. 771; Pub. L. 110–181, div. A, title II, § 232, Jan. 28, 2008, 122 Stat. 46; renumbered § 4892, Pub. L. 116–283, div. A, title XVIII, § 1870(f)(2), Jan. 1, 2021, 134 Stat. 4287.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2021—Pub. L. 116–283 renumbered section 2539b of this title as this section. 2008—Subsec. (a)(4). Pub. L. 110–181, § 232(1), added par. (4). Subsec. (c). Pub. L. 110–181, § 232(2), struck out “for services” before “made available” and substituted “subsections (a)(3) and (a)(4)” for “subsection (a)(3)”. Subsec. (d). Pub. L. 110–181, § 232(3), struck out “for services made available” after “Fees received” and substituted “subsections (a)(3) and (a)(4)” for “subsection (a)(3)”. 1999—Subsec. (a). Pub. L. 106–65 substituted “Secretaries of the military departments” for “secretaries of the military departments”. 1996—Subsec. (a). Pub. L. 104–106, § 4321(a)(8), made technical correction to Pub. L. 103–355, § 3022. See 1994 Amendment note below. Subsec. (c). Pub. L. 104–106, § 804, inserted “and indirect” after “recoup the direct”. 1994—Pub. L. 103–337 renumbered section 2541 of this title as section 2539b. Subsec. (a). Pub. L. 103–355, § 3022, as amended by Pub. L. 104–106, § 4321(a)(8), inserted “rent,” after “sell,” in par. (1) and “, rent,” after “sell” in par. (2).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2021 AmendmentAmendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.
|
||||
|
||||
Effective Date of 1996 AmendmentPub. L. 104–106, div. D, title XLIII, § 4321(a), Feb. 10, 1996, 110 Stat. 671, provided that the amendment made by that section is effective as of Oct. 13, 1994, and as if included in Pub. L. 103–355 as enacted.
|
||||
Reference in New Issue
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