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10 U.S.C. § 4871 — Contracts: consideration of national security objectives

Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4871 — Contracts: consideration of national security objectives

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Stable record: federal_law:legal_authorities:record_usc_07d0feedb3edc96a9d4f1283
Source file: Laws/federal/codes/united-states-code/title-10/section-4871-contracts-consideration-of-national-security-objectives--0426d48c8e.md
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Source location: Title 10, Chapter 385, § 4871; chapter-385-other-technology-base-policies-and-programs.md

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**(a) Disclosure of Ownership or Control by a Foreign Government.—** The head of an agency shall require a firm or a subsidiary of a firm that submits a bid or proposal in response to a solicitation issued by the Department of Defense to disclose in that bid or proposal any significant interest in such firm or subsidiary (or, in the case of a subsidiary, in the firm that owns the subsidiary) that is owned or controlled (whether directly or indirectly) by a foreign government or an agent or instrumentality of a foreign government, if such foreign government is the government of a country that the Secretary of State determines under section 6(j)(1)(A) 11 See References in Text note below. of the Export Administration Act of 1979 ([50 U.S.C. 4605(j)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4605/j/1/A&num=0&edition=prelim)) has repeatedly provided support for acts of international terrorism. **(b) Prohibition on Entering Into Contracts Against the Interests of the United States.—** Except as provided in subsection (c), the head of an agency may not enter into a contract with a firm or a subsidiary of a firm if— (1) a foreign government owns or controls (whether directly or indirectly) a significant interest in such firm or subsidiary (or, in the case of a subsidiary, in the firm that owns the subsidiary); and (2) such foreign government is the government of a country that the Secretary of State determines under section 6(j)(1)(A) 1 of the Export Administration Act of 1979 ([50 U.S.C. 4605(j)(1)(A)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4605/j/1/A&num=0&edition=prelim)) has repeatedly provided support for acts of international terrorism. **(c) Waiver.—** (1) (A) If the Secretary of Defense determines under paragraph (2) that entering into a contract with a firm or a subsidiary of a firm described in subsection (b) is not inconsistent with the national security objectives of the United States, the head of an agency may enter into a contract with such firm or subsidiary if in the best interests of the Government. (B) The Secretary shall maintain records of each contract entered into by reason of subparagraph (A). Such records shall include the following: (i) The identity of the foreign government concerned. (ii) The nature of the contract. (iii) The extent of ownership or control of the firm or subsidiary concerned (or, if appropriate in the case of a subsidiary, of the firm that owns the subsidiary) by the foreign government concerned or the agency or instrumentality of such foreign government. (iv) The reasons for entering into the contract. (2) Upon the request of the head of an agency, the Secretary of Defense shall determine whether entering into a contract with a firm or subsidiary described in subsection (b) is inconsistent with the national security objectives of the United States. In making such a determination, the Secretary of Defense shall consider the following: (A) The relationship of the United States with the foreign government concerned. (B) The obligations of the United States under international agreements. (C) The extent of the ownership or control of the firm or subsidiary (or, if appropriate in the case of a subsidiary, of the firm that owns the subsidiary) by the foreign government or an agent or instrumentality of the foreign government. (D) Whether payments made, or information made available, to the firm or subsidiary under the contract could be used for purposes hostile to the interests of the United States. **(d) List of Firms Subject to Prohibition.—** (1) The Secretary of Defense shall develop and maintain a list of all firms and subsidiaries of firms that the Secretary has identified as being subject to the prohibition in subsection (b). (2) (A) A person may request the Secretary to include on the list maintained under paragraph (1) any firm or subsidiary of a firm that the person believes to be owned or controlled by a foreign government described in subsection (b)(2). Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do exist, the Secretary shall include the firm or subsidiary on the list. (B) A firm or subsidiary of a firm included on the list may request the Secretary to remove such firm or subsidiary from the list on the basis that it has been erroneously included on the list or its ownership circumstances have significantly changed. Upon receipt of such a request, the Secretary shall determine whether the conditions in paragraphs (1) and (2) of subsection (b) exist in the case of that firm or subsidiary. If the Secretary determines that such conditions do not exist, the Secretary shall remove the firm or subsidiary from the list. (C) The Secretary shall establish procedures to carry out this paragraph. (3) The head of an agency shall prohibit each firm or subsidiary of a firm awarded a contract by the agency from entering into a subcontract under that contract in an amount in excess of $25,000 with a firm or subsidiary included on the list maintained under paragraph (1) unless there is a compelling reason to do so. In the case of any subcontract requiring consent by the head of an agency, the head of the agency shall not consent to the award of the subcontract to a firm or subsidiary included on such list unless there is a compelling reason for such approval. **(e) Distribution of List.—** The Administrator of General Services shall ensure that the list developed and maintained under subsection (d) is made available to Federal agencies and the public in the same manner and to the same extent as the list of suspended and debarred contractors compiled pursuant to subpart 9.4 of the Federal Acquisition Regulation. **(f) Applicability.—** (1) This section does not apply to a contract for an amount less than $100,000. (2) This section does not apply to the Coast Guard or the National Aeronautics and Space Administration. **(g) Regulations.—** The Secretary of Defense, after consultation with the Secretary of State, shall prescribe regulations to carry out this section. Such regulations shall include a definition of the term “significant interest”.

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 542 — Federal air marshal program

(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security. (2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2327 — Renumbered § 4871]

### Statutory Notes #### Prior Provisions A prior section 2327 was renumbered [section 2347 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2347&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2327

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3001 — Defense acquisition system; element of the defense acquisition system

**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means— (1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense; (2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and (3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense. **(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that— (1) employs members of the acquisition workforce; (2) carries out acquisition functions; and (3) focuses primarily on acquisition. **(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2533c — Renumbered § 4872]

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 113 — Secretary of Defense

**(a)** (1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate. (2) A person may not be appointed as Secretary of Defense— (A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or (B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above. **(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense. **(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with— (1) a report from each military department on the expenditures, work, and accomplishments of that department; (2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and (3) such recommendations as he considers appropriate. **(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 113

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4871 — Contracts: consideration of national secu-

Page 2904 TITLE 10—ARMED FORCES § 4871 1 See References in Text note below. ‘‘(C) void, in whole or in part, a contract, grant, or cooperative agreement. ‘‘(6) COVERED SOLICITATION.—The term ‘covered so- licitation’ means any solicitation by the Department of Defense for work for which the place of perform- ance is outside of the United States. ‘‘(7) HEAD OF CONTRACTING ACTIVITY.—The term ‘head of contracting activity’ has the meaning de- scribed in section 1.601 of the Federal Acquisition Regulation.’’ [Pub. L. 118–31, div. A, title VIII, § 823(a)(2)(B), Dec. 22, 2023, 137 Stat. 327, which directed amendment of ‘‘mat- ter preceding paragraph (1)’’ of section 841(a) of Pub. L. 113–291, set out above, by substituting ‘‘and the Sec- retary of State, establish a program to enable com- manders of combatant commands to identify and man- age risks resulting from covered persons and entities engaging in covered activities. The Secretary of De- fense shall issue guidance establishing such program, including identifying who shall be responsible for car- rying out and overseeing the program, procedures for using information available from intelligence, security, and law enforcement sources to identify such risks, and strategies for managing the risks posed by covered per- sons and entities engaging in covered activities.’’ for ‘‘ ‘and in consultation with the Secretary of State’ and all that follows through the period at the end’’, was ex- ecuted, to reflect the probable intent of Congress, by making the substitution for introductory provisions and pars. (1) and (2) which read as follows: ‘‘and in con- sultation with the Secretary of State, establish in each covered combatant command a program to identify persons and entities within the area of responsibility

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4871

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 4605 — Untitled legal text

Page 1187 TITLE 50—WAR AND NATIONAL DEFENSE §§ 4605 to 4610 of Federal Regulations, as in effect on June 10, 1997; and ‘‘(2) the countries listed in section 740.7(e) of title 15 of the Code of Federal Regulations, as in effect on June 10, 1997. ‘‘SEC. 1213. POST-SHIPMENT VERIFICATION OF EX- PORT OF HIGH PERFORMANCE COMPUTERS. ‘‘(a) REQUIRED POST-SHIPMENT VERIFICATION.—The Secretary of Commerce shall conduct post-shipment verification of each digital computer with a composite theoretical performance of more than 2,000 millions of theoretical operations per second (MTOPS) that is ex- ported from the United States, on or after the date of the enactment of this Act [Nov. 18, 1998], to a country specified in subsection (b). ‘‘(b) COVERED COUNTRIES.—For purposes of subsection (a), the countries specified in this subsection are the countries listed as ‘Computer Tier 3’ eligible countries in section 740.7 of title 15 of the Code of Federal Regula- tions, as in effect on June 10, 1997, subject to modifica- tion by the President under section 1211(e). ‘‘(c) ANNUAL REPORT.—The Secretary of Commerce shall submit to the congressional committees specified in section 1215 an annual report on the results of post- shipment verifications conducted under this section during the preceding year. Each such report shall in- clude a list of all such items exported from the United States to such countries during the previous year and, with respect to each such export, the following: ‘‘(1) The destination country. ‘‘(2) The date of export. ‘‘(3) The intended end use and intended end user. ‘‘(4) The results of the post-shipment verification. ‘‘(d) EXPLANATION WHEN VERIFICATION NOT CON- DUCTED.—If a post-shipment verification has not been conducted in accordance with subs

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4605

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