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10 U.S.C. § 4874 — Award of certain contracts to entities controlled by a foreign government: prohibition

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

10 U.S.C. § 4874 — Award of certain contracts to entities controlled by a foreign government: prohibition

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Stable record: federal_law:legal_authorities:record_usc_7e73084a6100596b5473c8f6
Source file: Laws/federal/codes/united-states-code/title-10/section-4874-award-of-certain-contracts-to-entities-controlled-by-a-foreign-governmen--46a527404c.md
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Source location: Title 10, Chapter 385, § 4874; chapter-385-other-technology-base-policies-and-programs.md

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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2164/c&num=0&edition=prelim)). (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.

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

10 U.S.C. § 4801 — Definitions

In this subpart: (1) The term “national technology and industrial base” means the persons and organizations that are engaged in research, development, production, integration, services, or information technology activities conducted within the United States, the United Kingdom of Great Britain and Northern Ireland, Australia, New Zealand, and Canada. (2) The term “dual-use” with respect to products, services, standards, processes, or acquisition practices, means products, services, standards, processes, or acquisition practices, respectively, that are capable of meeting requirements for military and nonmilitary applications. (3) The term “dual-use critical technology” means a critical technology that has military applications and nonmilitary applications. (4) The term “technology and industrial base sector” means a group of public or private persons and organizations that engage in, or are capable of engaging in, similar research, development, production, integration, services, or information technology activities. (5) The terms “Federal laboratory” and “laboratory” have the meaning given the term “laboratory” in section 12(d)(2) of the Stevenson-Wydler Technology Innovation Act of 1980 ([15 U.S.C. 3710a(d)(2)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section3710a/d/2&num=0&edition=prelim)), except that such terms include a federally funded research and development center sponsored by a Federal agency. (6) The term “critical technology” means a technology that is— (A) a national critical technology; or (B) a defense critical technology. (7) The term “national critical technology” means a technology that appears on the list of national critical technologies contained in the most recent biennial report on national critical technolo

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

42 U.S.C. § 2014 — Definitions

The intent of Congress in the definitions as given in this section should be construed from the words or phrases used in the definitions. As used in this chapter: **(a)** The term “agency of the United States” means the executive branch of the United States, or any Government agency, or the legislative branch of the United States, or any agency, committee, commission, office, or other establishment in the legislative branch, or the judicial branch of the United States, or any office, agency, committee, commission, or other establishment in the judicial branch. **(b)** The term “agreement for cooperation” means any agreement with another nation or regional defense organization authorized or permitted by sections 2074, 2077, 2094, 2112, 2121(c), 2133, 2134, or 2164 of this title, and made pursuant to [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim). **(c)** The term “atomic energy” means all forms of energy released in the course of nuclear fission or nuclear transformation. **(d)** The term “atomic weapon” means any device utilizing atomic energy, exclusive of the means for transporting or propelling the device (where such means is a separable and divisible part of the device), the principal purpose of which is for use as, or for development of, a weapon, a weapon prototype, or a weapon test device. **(e)** The term “byproduct material” means— (1) any radioactive material (except special nuclear material) yielded in or made radioactive by exposure to the radiation incident to the process of producing or utilizing special nuclear material; (2) the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source mater

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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. § 2500 — Renumbered § 4801]

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

10 U.S.C. § 2536 — Renumbered § 4874]

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

50 U.S.C. § 3161 — Operational files of the Central Intelligence Agency

**(a) Exemption by Director of Central Intelligence Agency** The Director of the Central Intelligence Agency, with the coordination of the Director of National Intelligence, may exempt operational files of the Central Intelligence Agency from the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim) (Freedom of Information Act) which require publication or disclosure, or search or review in connection therewith. **(b) “Operational files” defined** In this section, the term “operational files” means— (1) files of the National Clandestine Service which document the conduct of foreign intelligence or counterintelligence operations or intelligence or security liaison arrangements or information exchanges with foreign governments or their intelligence or security services; (2) files of the Directorate for Science and Technology which document the means by which foreign intelligence or counterintelligence is collected through scientific and technical systems; and (3) files of the Office of Personnel Security which document investigations conducted to determine the suitability of potential foreign intelligence or counterintelligence sources; except that files which are the sole repository of disseminated intelligence are not operational files. **(c) Search and review for information** Notwithstanding subsection (a) of this section, exempted operational files shall continue to be subject to search and review for information concerning— (1) United States citizens or aliens lawfully admitted for permanent residence who have requested information on themselves pursuant to the provisions of [section 552 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section55

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3161

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

10 U.S.C. § 301 — Definitions

In this chapter: (1) The terms “appropriate congressional committees” and “appropriate committees of Congress” mean— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives. (2) The term “defense article” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)). (3) The term “defense service” has the meaning given that term in section 644 of the Foreign Assistance Act of 1961 ([22 U.S.C. 2403](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2403&num=0&edition=prelim)). (4) The term “developing country” has the meaning prescribed by the Secretary of Defense for purposes of this chapter in accordance with section 1241(n) of the National Defense Authorization Act for Fiscal Year 2017. (5) The term “incremental expenses”, with respect to a foreign country— (A) means the reasonable and proper costs of rations, fuel, training ammunition, transportation, and other goods and services consumed by the country as a direct result of the country’s participation in activities authorized by this chapter; and (B) does not include— (i) any form of lethal assistance (excluding training ammunition); or (ii) pay, allowances, and other normal costs of the personnel of the country. (6) The term “national security forces”, in the case of a foreign country, means the following: (A) National military and national-level security forces of the foreign country that have the functional

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

10 U.S.C. § 4874 — Award of certain contracts to entities con-

Page 2911 TITLE 10—ARMED FORCES § 4874 shall apply the requirements of section 224 of the Na- tional 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).’’ § 4874. Award of certain contracts to entities con- trolled by a foreign government: prohibition (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 con- cerned 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 en- vironmental restoration, remediation, or waste management at a Department of De- fense or Department of Energy facility— (i) the Secretary concerned determines that the waiver will advance the environ- mental restoration, remediation, or waste management objectives of the department concerned and will not harm the national se- curity interests of the United States; and (ii) the entity to which the contract is awarded is controlled by a foreign govern- ment 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 conce

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4874

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

42 U.S.C. § 2164 — International cooperation

**(a) By Commission** The President may authorize the Commission to cooperate with another nation and to communicate to that nation Restricted Data on— Provided, however, That no such cooperation shall involve the communication of Restricted Data relating to the design or fabrication of atomic weapons: And provided further, That the cooperation is undertaken pursuant to an agreement for cooperation entered into in accordance with [section 2153 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2153&num=0&edition=prelim), or is undertaken pursuant to an agreement existing on August 30, 1954. (1) refining, purification, and subsequent treatment of source material; (2) civilian reactor development; (3) production of special nuclear material; (4) health and safety; (5) industrial and other applications of atomic energy for peaceful purposes; and (6) research and development relating to the foregoing: **(b) By Department of Defense** The President may authorize the Department of Defense, with the assistance of the Commission, to cooperate with another nation or with a regional defense organization to which the United States is a party, and to communicate to that nation or organization such Restricted Data (including design information) as is necessary to— (1) the development of defense plans; (2) the training of personnel in the employment of and defense against atomic weapons and other military applications of atomic energy; (3) the evaluation of the capabilities of potential enemies in the employment of atomic weapons and other military applications of atomic energy; and (4) the development of compatible delivery systems for atomic weapons; whenever the President determines that the proposed cooperation and the proposed co

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

42 U.S.C. § 2164 — International cooperation

Page 5471 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 2164 cordance with the terms and conditions of the agree- ment for cooperation involved: Provided, that no such communication shall be made by the Department of State until the proposed communication has been au- thorized either in accordance with procedures adopted by the Atomic Energy Commission and the Department of Defense and applicable to conduct of programs for cooperation by those agencies, or in accordance with procedures approved by the Atomic Energy Commis- sion and the Department of Defense and applicable to conduct of programs for cooperation by the Depart- ment of State. JOHN F. KENNEDY. MODIFICATION OF EXECUTIVE ORDER NO. 11057 Ex. Ord. No. 11057, Oct. 18, 1962, 27 F.R. 10289, set out above, when referring to functions of the Atomic En- ergy Commission is modified to provide that all such functions shall be exercised by the Secretary of Energy and the Nuclear Regulatory Commission, see section 4(a)(1) of Ex. Ord. No. 12038, Feb. 3, 1978, 43 F.R. 4957, set out as a note under section 7151 of this title. § 2163. Access to Restricted Data The Commission may authorize any of its em- ployees, or employees of any contractor, pro- spective contractor, licensee or prospective li- censee of the Commission or any other person authorized access to Restricted Data by the Commission under section 2165(b) and (c) of this title to permit any employee of an agency of the Department of Defense or of its contractors, or any member of the Armed Forces to have access to Restricted Data required in the performance of his duties and so certified by the head of the appropriate agency of the Department of De- fense or his designee: Provided, however, That the head of the appropriate agency of the De- par

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2164

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