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10 U.S.C. § 4664 — Requirements relating to long-term concessions agreements with certain retailers
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Contracting With Certain Retailers.—** Except as provided by subsections (b) and (c), the Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation.
**(b) Waiver.—**
(1) The Secretary may waive the requirements of subsection (a) with respect to a long-term concessions agreement with a retailer if the Secretary determines that—
(A) the goods or services to be provided by the retailer under such long-term concessions agreement are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist; and
(B) the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer.
(2) Not later than 30 days after each use of the waiver authority under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a justification for such waiver and a description of any risk mitigation strategies described in paragraph (1)(B).
**(c) Exceptions.—** Subsection (a) does not apply with respect to a long-term concessions agreement with a retailer if—
(1) such retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the “Committee”) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 ([50 U.S.C. 4565](https://uscode.house.gov/view.xhtml?req=granuleid:US
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Source file: Laws/federal/codes/united-states-code/title-10/section-4664-requirements-relating-to-long-term-concessions-agreements-with-certain-r--4204373634.md
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Source location: Title 10, Chapter 363, § 4664; chapter-363-prohibition-and-penalties.md
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**(a) Prohibition on Contracting With Certain Retailers.—** Except as provided by subsections (b) and (c), the Secretary of Defense may not renew, extend, or enter into a long-term concessions agreement with a retailer that is controlled by a covered nation to permit such retailer to operate or conduct business through a physical location on a covered military installation.
**(b) Waiver.—**
(1) The Secretary may waive the requirements of subsection (a) with respect to a long-term concessions agreement with a retailer if the Secretary determines that—
(A) the goods or services to be provided by the retailer under such long-term concessions agreement are vital for the welfare and morale of members of the Armed Forces and no reasonable alternatives exist; and
(B) the Secretary has implemented adequate measures to mitigate any potential national security risks of the retailer.
(2) Not later than 30 days after each use of the waiver authority under paragraph (1), the Secretary shall provide to the Committees on Armed Services of the House of Representatives and Senate a justification for such waiver and a description of any risk mitigation strategies described in paragraph (1)(B).
**(c) Exceptions.—** Subsection (a) does not apply with respect to a long-term concessions agreement with a retailer if—
(1) such retailer has received a determination from the Committee on Foreign Investment in the United States (in this section referred to as the “Committee”) that there are no unresolved national security concerns with respect to the retailer in connection to a matter submitted to the Committee and which the Committee concluded all action pursuant to section 721 of the Defense Production Act of 1950 ([50 U.S.C. 4565](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4565&num=0&edition=prelim)); or
(2) such retailer is organized under the laws of the United States or any jurisdiction of the United States and is operated by citizens of the United States and the products offered for sale by such retailer on the covered military installation under such long-term concessions agreement are not produced in a covered nation.
**(d) Definitions.—** In this section:
(1) The term “controlled by a covered nation” means, with respect to a retailer—
(A) that the retailer is organized under the laws of a covered nation or any jurisdiction within a covered nation;
(B) that the government of a covered nation—
(i) owns 50 percent or more of the shares of the retailer; or
(ii) otherwise owns the controlling interest in such retailer; or
(C) that the retailer is subject to the direct control of the government of a covered nation.
(2) The term “covered military installation” means a military installation (as defined in [section 2801 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2801&num=0&edition=prelim)) located in the United States.
(3) The term “covered nation” has the meaning given in [section 4872 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4872&num=0&edition=prelim).
(4) The term “long-term concessions agreement” means a contract, subcontract, or other agreement, including a lease agreement or licensing agreement, to operate a business through a physical location on a covered military installation entered into by—
(A) the Secretary of Defense or a Secretary of a military department and a person; or
(B) a person and a nonappropriated fund instrumentality.
(5) The term “retailer” means a person that operates or seeks to operate a business providing goods or services on a covered military installation under a contract, subcontract, or other agreement, including a lease agreement or licensing agreement, with—
(A) a nonappropriated fund instrumentality;
(B) the Secretary of Defense; or
(C) a Secretary of a military department.
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Federal law — U.S. Code and appendices · legal_authorities
If any provision of this chapter or the application of such provision to any person or circumstances shall be held invalid, the remainder of the chapter, and the application of such provision to persons or circumstances other than those as to which it is held invalid, shall not be affected thereby.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4565
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “military construction” as used in this chapter or any other provision of law includes any construction, development, conversion, or extension of any kind carried out with respect to a military installation, whether to satisfy temporary or permanent requirements, or any acquisition of land or construction of a defense access road (as described in [section 210 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section210&num=0&edition=prelim)).
**(b)** A military construction project includes all military construction work, or any contribution authorized by this chapter, necessary to produce a complete and usable facility or a complete and usable improvement to an existing facility (or to produce such portion of a complete and usable facility or improvement as is specifically authorized by law).
**(c)** In this chapter and chapter 173 of this title:
(1) The term “appropriate committees of Congress” means the congressional defense committees and, with respect to any project to be carried out by, or for the use of, an intelligence component of the Department of Defense, the Permanent Select Committee on Intelligence of the House of Representatives and the Select Committee on Intelligence of the Senate.
(2) The term “facility” means a building, structure, or other improvement to real property.
(3) The term “life-cycle cost-effective”, with respect to a project, product, or measure, means that the sum of the present values of investment costs, capital costs, installation costs, energy costs, operating costs, maintenance costs, and replacement costs, as estimated for the lifetime of the project, product, or measure, does not exceed the base case (current or standard) for the practice, product, or measure.
(4) The term “mil
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2801
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4872
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Federal law — U.S. Code and appendices · legal_authorities
Page 1146
TITLE 50—WAR AND NATIONAL DEFENSE
§ 4565
this chapter, including actions deemed necessary to
avoid undue hardship to borrowers in reconverting to
normal civilian production; and all of the authority
granted to the President, guaranteeing agencies, and
fiscal agents, under section 4531 of this title shall be ap-
plicable to actions taken pursuant to the authority
contained in this subsection’’.
Act June 30, 1953, ch. 170, added second par.
1952—Subsec. (a). Act June 30, 1952, § 121(b), extended
termination dates from Apr. 30, 1952, to Apr. 30, 1953,
and from June 30, 1952, to June 30, 1953.
Subsec. (d). Act June 30, 1952, § 120, added subsec. (d).
1951—Subsec. (a). Acts July 31, 1951, § 111, and June 30,
1951. Act July 31, 1951, struck out subsec. (a) relating to
termination of certain titles of act Sept. 8, 1950, and
substituted present subsec. (a). Act June 30, 1951, ex-
tended termination date from June 30, 1951, to July 31,
1951.
Subsec. (b). Act July 31, 1951, redesignated subsec. (c)
as (b) and struck out former subsec. (b) which related
to termination date of certain titles of act Sept. 8, 1950.
Former subsec. (b) was amended by act June 30, 1951, to
extend termination date from June 30, 1951, to July 31,
1951.
Subsecs. (c), (d). Act July 31, 1951, § 111, redesignated
subsec. (d) as (c). Former subsec. (c) redesignated (b).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102–558 deemed to have be-
come effective Mar. 1, 1992, see section 304 of Pub. L.
102–558, set out as a note under section 4502 of this title.
EFFECTIVE DATE OF 1991 AMENDMENTS
Pub. L. 102–193, § 2, Dec. 6, 1991, 105 Stat. 1593, provided
that: ‘‘This Act [amending this section] shall take ef-
fect on September 3
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 4565
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