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10 U.S.C. § 4663 — Prohibition on contracting with covered entities that contract with lobbyists for Chinese military companies
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Entering Into Contracts With Covered Entities.—** Except as provided in subsection (c), the Secretary of Defense may not enter into a contract with an entity, a parent company of such entity, or a subsidiary of such entity if such entity is a party to a contract with a covered lobbyist.
**(b) Exception.—** The prohibition in subsection (a) shall not apply with respect to an entity that made reasonable inquires regarding the lobbying activities of another entity and determined such entity was not a covered lobbyist.
**(c) Waiver.—** Upon notification to Congress, the Secretary of Defense may waive the requirements of this section.
**(d) Definitions.—** In this section:
(1) The term “covered lobbyist” means an entity that engages in lobbying activities for any entity determined to be a Chinese military company listed in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ([10 U.S.C. 113](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim) note).
(2) The term “lobbying activities” has the meaning given in section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018 ([10 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section971&num=0&edition=prelim) note prec.).
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Source location: Title 10, Chapter 363, § 4663; chapter-363-prohibition-and-penalties.md
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**(a) Prohibition on Entering Into Contracts With Covered Entities.—** Except as provided in subsection (c), the Secretary of Defense may not enter into a contract with an entity, a parent company of such entity, or a subsidiary of such entity if such entity is a party to a contract with a covered lobbyist.
**(b) Exception.—** The prohibition in subsection (a) shall not apply with respect to an entity that made reasonable inquires regarding the lobbying activities of another entity and determined such entity was not a covered lobbyist.
**(c) Waiver.—** Upon notification to Congress, the Secretary of Defense may waive the requirements of this section.
**(d) Definitions.—** In this section:
(1) The term “covered lobbyist” means an entity that engages in lobbying activities for any entity determined to be a Chinese military company listed in accordance with section 1260H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ([10 U.S.C. 113](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim) note).
(2) The term “lobbying activities” has the meaning given in section 1045(c) of the National Defense Authorization Act for Fiscal Year 2018 ([10 U.S.C. 971](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section971&num=0&edition=prelim) note prec.).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition on Counting Enlisted Service Performed While at Service Academy or in Navy Reserve.—** The period of service under an enlistment or period of obligated service while also performing service as a cadet or midshipman or serving as a midshipman in the Navy Reserve may not be counted in computing, for any purpose, the length of service of an officer of an armed force or an officer in the Commissioned Corps of the Public Health Service.
**(b) Prohibition on Counting Service as a Cadet or Midshipman.—** In computing length of service for any purpose, service as a cadet or midshipman may not be credited to any of the following officers:
(1) An officer of the Navy or Marine Corps.
(2) A commissioned officer of the Army, Air Force, or Space Force.
(3) An officer of the Coast Guard.
(4) An officer in the Commissioned Corps of the Public Health Service.
**(c) Service as a Cadet or Midshipman Defined.—** In this section, the term “service as a cadet or midshipman” means—
(1) service as a cadet at the United States Military Academy, United States Air Force Academy, or United States Coast Guard Academy; or
(2) service as a midshipman at the United States Naval Academy.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 971
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) There is a Secretary of Defense, who is the head of the Department of Defense, appointed from civilian life by the President, by and with the advice and consent of the Senate.
(2) A person may not be appointed as Secretary of Defense—
(A) within seven years after relief from active duty as a commissioned officer of a regular component of an armed force in a grade below O–7; or
(B) within 10 years after relief from active duty as a commissioned officer of a regular component of an armed force in the grade of O–7 or above.
**(b)** The Secretary is the principal assistant to the President in all matters relating to the Department of Defense. Subject to the direction of the President and to this title and section 2 of the National Security Act of 1947 ([50 U.S.C. 3002](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3002&num=0&edition=prelim)) he has authority, direction, and control over the Department of Defense.
**(c)** The Secretary shall report annually in writing to the President and the Congress on the expenditures, work, and accomplishments of the Department of Defense during the period covered by the report, together with—
(1) a report from each military department on the expenditures, work, and accomplishments of that department;
(2) itemized statements showing the savings of public funds, and the eliminations of unnecessary duplications, made under sections 125 and 191 of this title; and
(3) such recommendations as he considers appropriate.
**(d)** Unless specifically prohibited by law, the Secretary may, without being relieved of his responsibility, perform any of his functions or duties, or exercise any of his powers through, or with the aid of, such persons in, or organizations of, the Department of Defense
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Federal law — U.S. Code and appendices · legal_authorities
Page 47
TITLE 10—ARMED FORCES
§ 113
(b) The offices of Chairman of the Munitions Board,
Chairman of the Research and Development Board, Di-
rector of the Defense Supply Management Agency, Dep-
uty Director of the Defense Supply Management Agen-
cy, and Director of Installations are hereby abolished.
(c) The Secretary of Defense shall provide for winding
up any outstanding affairs of the said abolished agency,
boards, and offices, not otherwise provided for in this
reorganization plan.
(d) The function of guidance to the Munitions Board
in connection with strategic and logistic plans as re-
quired by section 213(c) of the National Security Act of
1947, as amended [section 171h(c) of former Title 5], is
hereby abolished.
SEC. 3. ASSISTANT SECRETARIES OF DEFENSE
[Repealed. Pub. L. 85–599, § 10(b), Aug. 6, 1958, 72 Stat.
521, eff. six months after Aug. 6, 1958. Section author-
ized appointment of six additional Assistant Secre-
taries and prescribed their duties and compensation.]
SEC. 4. GENERAL COUNSEL
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized appointment of a Gen-
eral Counsel for the Department of Defense. See section
140 of this title.]
SEC. 5. PERFORMANCE OF FUNCTIONS
[Repealed. Pub. L. 87–651, title III, § 307C, Sept. 7, 1962,
76 Stat. 526. Section authorized the Secretary of De-
fense from time to time to make such provisions as he
deemed appropriate authorizing the performance by
any other officer, or by any agency or employee, of the
Department of any function of the Secretary. See sec-
tion 113 of this title.]
SEC. 6. MISCELLANEOUS PROVISIONS
(a) The Secretary of Defense may from time to time
effect such transfers within the Department of Defense
of any of the records, property, and per
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 113
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 113. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 2823
TITLE 10—ARMED FORCES
§ 4663
1 So in original.
(3) an identification of the purpose of the
sale, licensing, or transfer of covered individ-
ually identifiable Department employee data
that is the subject of the waiver request.
(d) DEFINITIONS.—In this section:
(1) The term ‘‘covered individually identifi-
able Department employee data’’ means indi-
vidually identifiable Department employee
data obtained by a contractor or subcon-
tractor described in subsection (a).
(2) The term ‘‘individually identifiable De-
partment employee data’’ means information
related to an employee of the Department of
Defense, including a member of the Armed
Forces, that—
(A) identifies such employee; or
(B) which may be used to infer, by either
direct or indirect means, the identity of
such an employee to whom the information
applies.
(Added Pub. L. 118–31, div. A, title VIII, § 803,
Dec. 22, 2023, 137 Stat. 312; amended Pub. L.
118–159, div. A, title VIII, § 836, Dec. 23, 2024, 138
Stat. 1987.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsec. (a), is the date of enactment of Pub. L. 118–31,
which was approved Dec. 22, 2023.
AMENDMENTS
2024—Subsec. (a). Pub. L. 118–159, § 836(1), struck out
‘‘and that would be permissible pursuant to statute or
guidance from the Director of the Office of Manage-
ment and Budget’’ after ‘‘or a subcontract under such
contract’’ and inserted at end ‘‘This provision does not
apply in circumstances where the transfer of such data
would otherwise be authorized by law.’’
Subsec. (b). Pub. L. 118–159, § 836(2), amended subsec.
(b) generally. Prior to amendment, text read as follows:
‘‘The Secretary of Defense may waive the requirements
of subsection (a) with respect to a sal
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4663
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Federal law — U.S. Code and appendices · legal_authorities
Page 882
TITLE 10—ARMED FORCES
§ 971
Pub. L. 96–342, title X, § 1002(b), Sept. 8, 1980, 94 Stat.
1119, added item 977.
1979—Pub. L. 96–107, title VIII, § 821(b), Nov. 9, 1979, 93
Stat. 820, redesignated item 975 relating to membership
in military unions as 976.
1978—Pub. L. 95–610, § 2(b), Nov. 8, 1978, 92 Stat. 3088,
added item 975 relating to military unions.
Pub. L. 95–485, title VIII, § 815(b), Oct. 20, 1978, 92 Stat.
1626, added item 975 relating to sale of certain defense
articles.
1968—Pub. L. 90–235, §§ 4(a)(5)(B), 6(a)(6)(B), Jan. 2,
1968, 81 Stat. 759, 762, added items 973 and 974.
1958—Pub. L. 85–861, § 1(20), Sept. 2, 1958, 72 Stat. 1442,
added items 971 and 972.
Statutory Notes and Related Subsidiaries
ENHANCEMENT
OF
RECUSAL
FOR
CONFLICTS
OF
PER-
SONAL INTEREST REQUIREMENTS FOR DEPARTMENT OF
DEFENSE OFFICERS AND EMPLOYEES
Pub. L. 117–81, div. A, title XI, § 1117, Dec. 27, 2021, 135
Stat. 1955, provided that:
‘‘(a) IN GENERAL.—Except as provided in subsection
(b), in addition to the prohibition set forth in section
208 of title 18, United States Code, an officer or em-
ployee of the Department of Defense may not know-
ingly participate personally and substantially in any
particular matter involving specific parties where any
of the following organizations is a party or represents
a party to the matter:
‘‘(1) Any organization, including a trade organiza-
tion, for which the officer or employee has served as
an employee, officer, director, trustee, or general
partner in the past 2 years.
‘‘(2) Any organization with which the officer or em-
ployee is seeking employment.
‘‘(b) AUTHORIZATION.—An agency designee may au-
thorize the officer or employee to participate in a mat-
ter described in paragraph (a) based on a determina-
tion, ma
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 971
Stored review status: historical_2024_not_currentness_verified. The source passage cites 10 U.S.C. § 971. This identifies an authority to review, not proof of applicability.