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10 U.S.C. § 4851 — Defense memoranda of understanding and related agreements
Federal law — U.S. Code and appendices · legal_authorities
**(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—
(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
(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.
**(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 memorandu
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Source location: Title 10, Chapter 385, § 4851; chapter-385-other-technology-base-policies-and-programs.md
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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—
(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
(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.
**(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.
**(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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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2531
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of President** The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization.
**(b) Definitions** As used in this section—
(1) the term “cooperative project”, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization, means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides—
(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;
(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or defense service from another member country or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization;
(2) the term “cooperative project”, in the case of an agreement entered into under subsection (j), means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to enhance the ongoing multinational effort of the participants to improve the conventional defense capabilities of the participants and which provides—
(A) for one or more of the other participants to share with the United States the costs
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2767
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Federal law — U.S. Code and appendices · legal_authorities
**(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).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2504, added Pub. L. 102–484, div. D, title XLII, § 4214(a), Oct. 23, 1992, 106 Stat. 2666, established Center for Study of Defense Economic Adjustment, prior to repeal by Pub. L. 103–160, div. A, title XIII, § 1312(a)(1), Nov. 30, 1993, 107 Stat. 1786.
Another prior section 2504 was renumbered [section 4851 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4851&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2504
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Federal law — U.S. Code and appendices · legal_authorities
**(a) National Security Strategy for National Technology and Industrial Base.—** The Secretary of Defense shall develop a national security strategy for the national technology and industrial base. The Secretary shall submit such strategy to Congress as an integrated part of the report submitted under [section 4814 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4814&num=0&edition=prelim). Such strategy shall be based on a prioritized assessment of risks and challenges to the defense supply chain and shall ensure that the national technology and industrial base is capable of achieving the following national security objectives:
(1) Supplying, equipping, and supporting the force structure of the armed forces that is necessary to achieve—
(A) the objectives set forth in the national security strategy report submitted to Congress by the President pursuant to section 108 of the National Security Act of 1947 ([50 U.S.C. 3043](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3043&num=0&edition=prelim));
(B) the policy guidance of the Secretary of Defense provided pursuant to [section 113(g) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113/g&num=0&edition=prelim); and
(C) the future-years defense program submitted to Congress by the Secretary of Defense pursuant to [section 221 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section221&num=0&edition=prelim).
(2) Sustaining production, maintenance, repair, logistics, and other activities in support of military operations of various durations and intensity.
(3) Maintaining advanced research and development activities to provide the armed forces with systems capable of
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4811
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Federal law — U.S. Code and appendices · legal_authorities
**(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 follow
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4862
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement.—** Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
(1) The following types of end items, or components thereof, containing a specialty metal not melted or produced in the United States: aircraft, missile and space systems, ships, tank and automotive items, weapon systems, or ammunition.
(2) A specialty metal that is not melted or produced in the United States and that is to be purchased directly by the Department of Defense or a prime contractor of the Department.
**(b) Availability Exception.—**
(1) Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that compliant specialty metal of satisfactory quality and sufficient quantity, and in the required form, cannot be procured as and when needed at a reasonable price. For purposes of the preceding sentence, the term “compliant specialty metal” means specialty metal melted or produced in the United States.
(2) This subsection applies to prime contracts and subcontracts at any tier under such contracts.
(3) The authority in subsection (b)(1)—
(A) may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
(B) may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
(C) may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
**(c) Exception for Certain Acquisitions.—** Subsection (a) does not apply to the following:
(1) Acquisitions outside the United States in support of con
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4863
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on Certain Procurements.—** The Secretary of Defense may procure any of the following items only if the manufacturer of the item satisfies the requirements of subsection (b):
(1) **Buses.—** — Multipassenger motor vehicles (buses).
(2) **Components for naval vessels.—** — The following components of vessels, to the extent they are unique to marine applications:
(A) Gyrocompasses.
(B) Electronic navigation chart systems.
(C) Steering controls.
(D) Propulsion and machinery control systems.
(E) Totally enclosed lifeboats.
(F) Welded shipboard anchor and mooring chain.
(3) **Components for auxiliary ships.—** — Subject to subsection (k), large medium-speed diesel engines.
(4) **Components for t–ao 205 and t–arc class vessels.—** — The following components of T–AO 205 and T–ARC class vessels:
(A) Auxiliary equipment, including pumps, for all shipboard services.
(B) Propulsion system components, including engines, reduction gears, and propellers.
(C) Shipboard cranes.
(D) Spreaders for shipboard cranes.
(5) **Star tracker.—** — A star tracker used in a satellite weighing more than 400 pounds whose principal purpose is to support the national security, defense, or intelligence needs of the United States Government.
**(b) Manufacturer in the National Technology and Industrial Base.—**
(1) Except as provided in paragraph (2), a manufacturer meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
(2) A manufacturer of welded shipboard anchor and mooring chain for naval vessels meets the requirements of this subsection if the manufacturer is part of the national technology and industrial base.
**(c) Applicability to Certain Items.—** Subsection (a) does not apply t
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4864
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Federal law — U.S. Code and appendices · legal_authorities
Page 2885
TITLE 10—ARMED FORCES
§ 4851
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, § 1869(d)(1), as added by Pub. L.
117–81, § 1701(p)(1)(A), (B), renumbered section 2522 of
this title as this section.
2018—Pub. L. 115–232 substituted ‘‘chapter 764’’ for
‘‘chapter 434’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 117–81 applicable as if in-
cluded 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 DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this title.
CHAPTER 385—OTHER TECHNOLOGY BASE
POLICIES AND PROGRAMS
Subchapter
Sec.
I.
Defense Trade Reciprocity and Offset
Policy .................................................
4851
II.
Limitations on Procurement of Certain
Items from Foreign Sources ...............
4861
III.
Limitations on Procurement from Cer-
tain Foreign Sources ..........................
4871
IV.
Defense Industrial Reserve and Indus-
trial Mobilization ...............................
4881
V.
Other Matters ........................................
4891
Editorial Notes
PRIOR PROVISIONS
A prior chapter 385 ‘‘PROCUREMENT TECHNICAL
ASSISTANCE
COOPERATIVE
AGREEMENT
PRO-
GRAM’’, consisting of reserved se
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4851
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