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10 U.S.C. § 4651 — Expenditure of appropriations: limitation
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—
(1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and
(2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.
The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.
**(b)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)).
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Stable record: federal_law:legal_authorities:record_usc_d99d87423c7340c2e995acaa
Source file: Laws/federal/codes/united-states-code/title-10/section-4651-expenditure-of-appropriations-limitation--6a476b014e.md
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Source location: Title 10, Chapter 363, § 4651; chapter-363-prohibition-and-penalties.md
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**(a)** Money appropriated to the Department of Defense may not be spent under a contract other than a contract for personal services unless that contract provides that—
(1) the United States may, by written notice to the contractor, terminate the right of the contractor to proceed under the contract if the Secretary concerned or his designee finds, after notice and hearing, that the contractor, or his agent or other representative, offered or gave any gratuity, such as entertainment or a gift, to an officer, official, or employee of the United States to obtain a contract or favorable treatment in the awarding, amending, or making of determinations concerning the performance, of a contract; and
(2) if a contract is terminated under clause (1), the United States has the same remedies against the contractor that it would have had if the contractor had breached the contract and, in addition to other damages, is entitled to exemplary damages in an amount at least three, but not more than 10, as determined by the Secretary or his designee, times the cost incurred by the contractor in giving gratuities to the officer, official, or employee concerned.
The existence of facts upon which the Secretary makes findings under clause (1) may be reviewed by any competent court.
**(b)** This section does not apply to a contract that is for an amount not greater than the simplified acquisition threshold (as defined in [section 134 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section134&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
In division B, the term “simplified acquisition threshold” means $250,000.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 134
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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
**(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
**(a) Applicability of Government-wide Statutes.—**
(1) No contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1906(b) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906/b&num=0&edition=prelim).
(2) No subcontract under a contract for the procurement of a commercial product or commercial service entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1906(c) of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1906/c&num=0&edition=prelim).
(3) No contract for the procurement of a commercially available off-the-shelf item entered into by the head of an agency shall be subject to any law properly listed in the Federal Acquisition Regulation pursuant to [section 1907 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim).
**(b) Applicability of Defense-unique Statutes to Contracts for Commercial Products and Commercial Services.—** The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of defense-unique contract clause requirements based on laws, executive orders, or acquisition policies that may be applied to contracts for the procurement of commercial products and commercial services entered into by the Department of Defense.
**(c) Applicability of Defense-unique Statutes to Subcontracts for Commercial Products and Commercial Services.—**
(1) The Department of Defense Supplement to the Federal Acquisition Regulation shall include a list of def
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The Secretary of Defense shall procure advanced batteries and cells whose functional cell components and technology, whether as end items or embedded within warfighting and support systems, are not owned, sourced, refined, or produced from a foreign entity of concern.
**(b) Applicability.—** This section applies to all new acquisition programs on January 1, 2028, standard batteries on January 1, 2029, and for existing acquisition programs on January 30, 2031.
**(c) Exceptions.—**
(1) **Sourcing and production compliance.—**
(A) *In general.—* — Subsection (a) does not apply to an advanced battery or cell of an advanced battery if—
(i) the final assembly of such advanced battery or cell is carried out by an entity other than a foreign entity of concern;
(ii) functional cell components comprising more than 95 percent of the costs of the functional cell components of such advanced battery or cell are from sources other than foreign entities of concern; and
(iii) such advanced battery or cell is produced without technology licensed from a foreign entity of concern.
(B) *Recycled source determination.—* — For the purposes of subparagraph (A)(ii), any material or component from an entity that has been recycled and reprocessed domestically is considered to originate from that entity regardless of origin.
(2) **Excluded batteries.—** — Subsection (a) does not apply to a battery or cell of a battery that is—
(A) acquired for use in a cell phone, laptop, personal electronic device, or medical equipment intended for use in an office, administrative, hospital, or non-combat environment;
(B) commercially available off-the-shelf item for use only in the maintenance of equipment; or
(C) acquired for research, development, testing,
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4865
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Federal law — U.S. Code and appendices · legal_authorities
Page 2814
TITLE 10—ARMED FORCES
§ 4651
‘‘(e) EFFECTIVE DATE.—This section shall take effect
on July 1, 2022.’’
PROHIBITION ON PROCUREMENTS FROM CHINESE
MILITARY COMPANIES
Pub. L. 109–163, div. A, title XII, § 1211, Jan. 6, 2006, 119
Stat. 3461, as amended by Pub. L. 112–81, div. A, title
XII, § 1243(a), (b), Dec. 31, 2011, 125 Stat. 1645; Pub. L.
114–328, div. A, title XII, § 1296, Dec. 23, 2016, 130 Stat.
2562; Pub. L. 117–263, div. A, title VIII, § 857(b), Dec. 23,
2022, 136 Stat. 2729, provided that:
‘‘(a) PROHIBITION.—The Secretary of Defense may not
procure goods or services described in subsection (b),
through a contract or any subcontract (at any tier)
under a contract, from any Communist Chinese mili-
tary company, any Chinese military company, any
Non-SDN Chinese military-industrial complex com-
pany, or any other covered company.
‘‘(b) GOODS AND SERVICES COVERED.—
‘‘(1) IN GENERAL.—For purposes of subsection (a),
and except as provided in paragraph (2), the goods and
services described in this subsection are goods and
services—
‘‘(A) on the munitions list of the International
Traffic in Arms Regulations; or
‘‘(B) on the Commerce Control List that—
‘‘(i) are classified in the 600 series; or
‘‘(ii) contain strategic and critical materials,
rare earth elements, or energetic materials used
to manufacture missiles or munitions.
‘‘(2) EXCEPTIONS.—Goods and services described in
this subsection do not include goods or services pro-
cured—
‘‘(A) in connection with a visit by a vessel or an
aircraft of the United States Armed Forces to the
People’s Republic of China;
‘‘(B) for testing purposes; or
‘‘(C) for purposes of gathering intelligence.
‘‘(c) WAIVER AUTHORIZED.—The Secretary of Defense
may waive the prohibition in subsection (a) if t
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4651
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