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10 U.S.C. § 2536 — Renumbered § 4874]
Federal law — U.S. Code and appendices · legal_authorities
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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
**(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 tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4874
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Federal law — U.S. Code and appendices · legal_authorities
Page 1983
TITLE 10—ARMED FORCES
[§ 2546
[SUBCHAPTER V—REPEALED]
[§ 2531. Renumbered § 4851]
[§ 2532. Renumbered § 4852]
[§ 2533. Renumbered § 4861]
[§ 2533a. Renumbered § 4862]
[§ 2533b. Renumbered § 4863]
[§ 2533c. Renumbered § 4872]
[§ 2533d. Renumbered § 4873]
[§ 2533e. Renumbered § 4875]
[§ 2534. Renumbered § 4864]
[§ 2535. Renumbered § 4881]
[§ 2536. Renumbered § 4874]
[§ 2537. Renumbered § 4891]
[§ 2538. Renumbered § 4882]
[§ 2539. Renumbered § 4883]
[§ 2539a. Renumbered § 4884]
[§ 2539b. Renumbered § 4892]
[SUBCHAPTER VI—REPEALED]
[§ 2540. Renumbered § 4971]
Editorial Notes
PRIOR PROVISIONS
A prior section 2540, acts Aug. 10, 1956, ch. 1041, 70A
Stat. 141, § 2511; renumbered § 2521, Nov. 5, 1990, Pub. L.
101–510, div. A, title VIII, § 823(a)(2), 104 Stat. 1600; re-
numbered § 2540, Dec. 5, 1991, Pub. L. 102–190, div. A,
title VIII, § 821(e)(3), 105 Stat. 1432, related to avail-
ability or issuance to reserve components of supplies,
services, and facilities of armed forces, prior to repeal
by Pub. L. 103–337, div. A, title XVI, §§ 1664(c)(2), 1691,
Oct. 5, 1994, 108 Stat. 3012, 3026, effective Dec. 1, 1994.
See section 18502 of this title.
Another prior section 2540 was renumbered section
4884 of this title.
[§ 2540a. Renumbered § 4972]
[§ 2540b. Renumbered § 4973]
[§ 2540c. Renumbered § 4974]
[§ 2540d. Renumbered § 4975]
[SUBCHAPTER VII—REPEALED]
[§ 2541. Renumbered § 4981]
Editorial Notes
PRIOR PROVISIONS
A prior section 2541 was renumbered section 2551 of
this title.
Another prior section 2541 was renumbered section
4892 of this title.
[§ 2541a. Renumbered § 4982]
[§ 2541b. Renumbered § 4983]
[§ 2541c. Renumbered § 4984]
[§ 2541d. Renumbered § 4985]
Editorial Notes
PRIOR PROVISIONS
Prior sections 2542 to 2550 were ren
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2536
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.