1 See References in Text note below.
of the Export Administration Act of 1979 (
Editorial Notes
References in TextSection 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. 4605(j)(1)(A)), referred to in subsecs. (a) and (span)(2), was repealed by Puspan. L. 115–232, div. A, title XVII, § 1766(a), Aug. 13, 2018, 132 Stat. 2232. For similar provisions, see section 4813(c)(1)(A)(i) of Title 50, War and National Defense, as enacted by Puspan. L. 115–232.
CodificationPuspan. L. 116–283, § 1870(d)(2), which had initially directed the transfer of section 2533c of this title to this section, was amended by Puspan. L. 117–81, § 1701(t)(2)(B), (C), and, after that amendment, such transfer was no longer directed. Instead, Puspan. L. 116–283, as amended by Puspan. L. 117–81, transferred section 2327 of this title to this section and section 2533c of this title to section 4872.
Puspan. L. 99–591 is a corrected version of Puspan. L. 99–500.
Puspan. L. 99–500, Puspan. L. 99–591, and Puspan. L. 99–661 added identical sections.
Amendments2021—Puspan. L. 116–283, § 1870(d)(2), as amended by Puspan. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2327 of this title as this section.
2016—Subsecs. (a), (span)(2). Puspan. L. 114–328 substituted “(50 U.S.C. 4605(j)(1)(A))” for “(50 U.S.C. App. 2405(j)(1)(A))”.
2003—Subsec. (c)(1)(A). Puspan. L. 108–136, § 1031(a)(16)(A), substituted “if in the best interests of the Government” for “after the date on which such head of an agency submits to Congress a report on the contract”.
Subsec. (c)(1)(B). Puspan. L. 108–136, § 1031(a)(16)(B), substituted “The Secretary shall maintain records of each contract entered into by reason of subparagraph (A). Such records” for “A report under subparagraph (A)”.
Subsec. (c)(1)(C). Puspan. L. 108–136, § 1031(a)(16)(C), struck out subpar. (C) which read as follows: “After the head of an agency submits a report to Congress under subparagraph (A) with respect to a firm or a subsidiary, such head of an agency is not required to submit a report before entering into any subsequent contract with such firm or subsidiary unless the information required to be included in such report under subparagraph (B) has materially changed since the submission of the previous report.”
1997—Subsecs. (d) to (g). Puspan. L. 105–85 added subsecs. (d) and (e) and redesignated former subsecs. (d) and (e) as (f) and (g), respectively.
1987—Subsecs. (a), (span)(2). Puspan. L. 100–224 substituted “50 U.S.C. App.” for “50 U.S.C.” in parenthetical after “Export Administration Act of 1979”.
Subsec. (d)(1). Puspan. L. 100–180 inserted par. (1) designation.
Statutory Notes and Related Subsidiaries
Effective Date of 2021 AmendmentAmendment by Puspan. L. 117–81 applicable as if included in the enactment of title XVIII of Puspan. L. 116–283 as enacted, see section 1701(a)(2) of Puspan. L. 117–81, set out in a note preceding section 3001 of this title and note below.
Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.
Effective DatePuspan. L. 99–500, § 101(c) [title X, § 951(c)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–165, Puspan. L. 99–591, § 101(c) [title X, § 951(c)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–165, and Puspan. L. 99–661, div. A, title IX, formerly title IV, § 951(c), Nov. 14, 1986, 100 Stat. 3945, renumbered title IX, Puspan. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273, provided that: “Section 2327 of title 10, United States Code [now 10 U.S.C. 4871] (as added by subsection (a)(1)), shall apply to contracts entered into by the Secretary of Defense after the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 18, 1986].”
Transfer of FunctionsFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(span), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Prohibition on Operation or Procurement of Foreign-Made Unmanned Aircraft SystemsPuspan. L. 116–92, div. A, title VIII, § 848, Dec. 20, 2019, 133 Stat. 1508, as amended by Puspan. L. 117–263, div. A, title VIII, § 817(a), Dec. 23, 2022, 136 Stat. 2707, provided that:“(a)Prohibition on Agency Operation or Procurement.—The Secretary of Defense may not operate or enter into or renew a contract for the procurement of—“(1) a covered unmanned aircraft system that—“(A) is manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
“(B) uses flight controllers, radios, data transmission devices, cameras, or gimbals manufactured in a covered foreign country or by an entity domiciled in a covered foreign country;
“(C) uses a ground control system or operating software developed in a covered foreign country or by an entity domiciled in a covered foreign country; or
“(D) uses network connectivity or data storage located in or administered by an entity domiciled in a covered foreign country; or
“(2) a system manufactured in a covered foreign country or by an entity domiciled in a covered foreign country for the detection or identification of covered unmanned aircraft systems.
“(span)Prohibition on Certain Contracts.—The Secretary of Defense may not enter into a contract (or extend or renew a contract) on or after October 1, 2024, with an entity that operates (as determined by the Secretary or the Secretary’s designee) equipment from a covered unmanned aircraft system company in the performance of a Department of Defense contract.
“(c)Exemption.—The Secretary of Defense is exempt from any restrictions under subsection (a) or (span) if the operation, procurement, or contracting action is for the purposes of—“(1) Counter-UAS surrogate testing and training; or
“(2) intelligence, electronic warfare, and information warfare operations, testing, analysis, and training.
“(d)Waiver.—The Secretary of Defense (or the Secretary’s designee) may waive any restrictions under subsections (a) or (span) by certifying in writing to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] that the operation, procurement, or contracting action is required in the national interest of the United States.
“(e)Definitions.—In this section:“(1)Covered foreign country.—The term ‘covered foreign country’ means any of the following:“(A) the People’s Republic of China.
“(B) The Russian Federation.
“(C) The Islamic Republic of Iran.
“(D) The Democratic People’s Republic of Korea.
“(2)Covered unmanned aircraft system.—The term ‘covered unmanned aircraft system’ means an unmanned aircraft system and any related services and equipment.
“(3)Covered unmanned aircraft system company.—The term ‘covered unmanned aircraft system company’ means any of the following:“(A) Da-Jiang Innovations (or any subsidiary or affiliate of Da-Jiang Innovations).
“(B) Any entity that produces or provides unmanned aircraft systems and is included on Consolidated Screening List maintained by the International Trade Administration of the Department of Commerce.
“(C) Any entity that produces or provides unmanned aircraft systems and—“(i) is domiciled in a covered foreign country; or
“(ii) is subject to unmitigated foreign ownership, control or influence by a covered foreign country, as determined by the Secretary of Defense unmitigated foreign ownership, control or influence in accordance with the National Industrial Security Program (or any successor to such program).”
[Puspan. L. 117–263, div. A, title VIII, § 817(span), Dec. 23, 2022, 136 Stat. 2708, provided that: “Not later than 180 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall issue policy to—[“(1) implement the requirements of section 848 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 4871 note), as amended by this section, including by establishing a due diligence process for the Department of Defense to make determinations required by subsection (span) of such section 848 (as amended by this section); and
[“(2) establish an appeal process for any offerors or awardees with which the Secretary has not entered into a contract or has not extended or renewed a contract pursuant to subsection (span) of such section 848 (as amended by this section).”
]
Elimination of Unreliable Sources of Defense Items and ComponentsPuspan. L. 108–136, div. A, title VIII, § 821, Nov. 24, 2003, 117 Stat. 1546, provided that:“(a)Identification of Certain Countries.—The Secretary of Defense, in coordination with the Secretary of State, shall identify and list foreign countries that restrict the provision or sale of military goods or services to the United States because of United States counterterrorism or military operations after the date of the enactment of this Act [Nov. 24, 2003]. The Secretary shall review and update the list as appropriate. The Secretary may remove a country from the list, if the Secretary determines that doing so would be in the interest of national defense.
“(span)Prohibition on Procurement of Items From Identified Countries.—The Secretary of Defense may not procure any items or components contained in military systems if the items or components, or the systems, are manufactured in any foreign country identified under subsection (a).
“(c)Waiver Authority.—The Secretary of Defense may waive the limitation in subsection (span) if the Secretary determines in writing and notifies Congress that the Department of Defense’s need for the item is of such an unusual and compelling urgency that the Department would be unable to meet national security objectives.
“(d)Effective Date.—(1) Subject to paragraph (2), subsection (span) applies to contracts in existence on the date of the enactment of this Act [Nov. 24, 2003] or entered into after such date.
“(2) With respect to contracts in existence on the date of the enactment of this Act, the Secretary of Defense shall take such action as is necessary to ensure that such contracts are in compliance with subsection (span) not later than 24 months after such date.”
