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10 U.S.C. § 4875 — Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations
Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
**(b) Applicability.—** Subsection (a) shall apply to prime contracts and subcontracts at any tier.
**(c) Exceptions.—**
(1) **In general.—** — Subsection (a) does not apply under the following circumstances:
(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.
(B) The procurement of a covered item for use outside of the United States.
(C) Purchases for amounts not greater than $150,000.
(2) **Limitation.—** — A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
**(d) Definitions.—** In this section:
(1) **Covered item.—** — The term “covered item” means an article or item of—
(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
(2) **Covered nation.—** — The term “covered nation” means—
(A) th
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Source location: Title 10, Chapter 385, § 4875; chapter-385-other-technology-base-policies-and-programs.md
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**(a) In General.—** Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
**(b) Applicability.—** Subsection (a) shall apply to prime contracts and subcontracts at any tier.
**(c) Exceptions.—**
(1) **In general.—** — Subsection (a) does not apply under the following circumstances:
(A) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed from nations other than covered nations to meet requirements at a reasonable price.
(B) The procurement of a covered item for use outside of the United States.
(C) Purchases for amounts not greater than $150,000.
(2) **Limitation.—** — A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
**(d) Definitions.—** In this section:
(1) **Covered item.—** — The term “covered item” means an article or item of—
(A) personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
(B) sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
(2) **Covered nation.—** — The term “covered nation” means—
(A) the Democratic People’s Republic of North Korea;
(B) the People’s Republic of China;
(C) the Russian Federation; and
(D) the Islamic Republic of Iran.
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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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** Except as provided in subsections (b) and (c), an individual or entity (including a State or local government) that uses funds received from the Department of Defense to carry out research or development activities shall include, in any public document pertaining to such activities, a clear statement indicating the dollar amount of the funds received from the Department for such activities.
**(b) Exception.—** The disclosure requirement under subsection (a) shall not apply to a public document consisting of fewer than 280 characters.
**(c) Waiver.—** The Secretary of Defense may waive the disclosure requirement under subsection (a) on a case-by-case basis.
**(d) Public Document Defined.—** In this section, the term “public document” means any document or other written statement made available for public reference or use, regardless of whether such document or statement is made available in hard copy or electronic format.
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
Page 2912
TITLE 10—ARMED FORCES
§ 4875
United States Code [now 10 U.S.C. 4874], as added by
subsection (a), shall apply with respect to contracts en-
tered into after the expiration of the 90-day period be-
ginning on the date of the enactment of this Act [Oct.
23, 1992].’’
REMOVAL OF NATIONAL INTEREST DETERMINATION
REQUIREMENTS FOR CERTAIN ENTITIES
Pub. L. 115–232, div. A, title VIII, § 842, Aug. 13, 2018,
132 Stat. 1878, provided that:
‘‘(a) IN GENERAL.—Effective October 1, 2020, a covered
NTIB entity operating under a special security agree-
ment pursuant to the National Industrial Security Pro-
gram shall not be required to obtain a national interest
determination as a condition for access to proscribed
information.
‘‘(b)
ACCELERATION
AUTHORIZED.—Notwithstanding
the effective date of this section, the Secretary of De-
fense, in consultation with the Director of the Informa-
tion Security Oversight Office, may waive the require-
ment to obtain a national interest determination for a
covered NTIB entity operating under such a special se-
curity agreement that has—
‘‘(1) a demonstrated successful record of compliance
with the National Industrial Security Program; and
‘‘(2) previously been approved for access to pro-
scribed information.
‘‘(c) DEFINITIONS.—In this section:
‘‘(1) COVERED NTIB ENTITY.—The term ‘covered NTIB
entity’ means a person that is a subsidiary located in
the United States—
‘‘(A) for which the ultimate parent company and
any intermediate parent companies of such sub-
sidiary are located in a country that is part of the
national technology and industrial base (as defined
in section 2500 of title 10, United States Code [now
10 U.S.C. 4801]); and
‘‘(B) that is subject to the foreign ownership, con-
trol, or influence requirement
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