The law › Title 10, Armed Forces › Chapter 385
10 U.S.C. 4863: Requirement to buy strategic materials critical to national security from American sources; exceptions
Created in 2006 by the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). Changed by 11 later laws. 1 bill in this Congress would change it.
- past change
- enacted this Congress
- proposed
This Congress
- H.R. 8800 National Defense Authorization Act for Fiscal Year 2027 · passed house · would change (o)
How it got here
2024
- Pub. L. 118–159, §844(a)(1)(A), inserted "at a reasonable price" after "when needed". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
- Pub. L. 118–159, §844(a)(1)(B), added par. (3). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (b)
- Pub. L. 118–159, §844(a)(2), struck out "in support of combat operations or" after "United States" and inserted "or for use outside of the United States" after "contingency operations". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (c)
- Pub. L. 118–159, §845(1), inserted "qualifying" before "foreign". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (d)
- Pub. L. 118–159, §844(a)(3)(A), inserted "or the Secretary of the military department concerned" after "Secretary of Defense". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (k)
- Pub. L. 118–159, §844(a)(3)(B), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "may not be delegated below the level of the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment;". (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (k)
- Pub. L. 118–159, §845(2), added par. (11). (Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025) Law text · (m)
2023
- Pub. L. 118–31, §833(a)(1), added par. (3). (National Defense Authorization Act for Fiscal Year 2024) Law text · (d)
- Pub. L. 118–31, §833(a)(2), (3), added subsec. (l) and redesignated former subsecs. (l) and (m) as (m) and (n), respectively. (National Defense Authorization Act for Fiscal Year 2024) Law text · (l), (m), (n)
2022
- Pub. L. 117–263 substituted "Strategic and Critical Materials Board of Directors pursuant to section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h–1)" for "Strategic Materials Protection Board pursuant to section 187 of this title". (James M. Inhofe National Defense Authorization Act for Fiscal Year 2023) Law text · (g)
2021
- Pub. L. 116–283, §1870(c)(2), renumbered section 2533b of this title as this section. (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text
- Pub. L. 117–81, §1701(d)(18)(A), which directed the substitution of "section 3204(a)(2)" for "section 2304(c)(2)", could not be executed because of the intervening amendment by Pub. L. 116–283, §1883(b)(2). See note below. (National Defense Authorization Act for Fiscal Year 2022) Law text · (c)
- Pub. L. 116–283, §1883(b)(2), substituted "section 3204(a)(2)" for "section 2304(c)(2)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (c)
- Pub. L. 117–81, §1701(d)(18)(B), which directed the substitution of "section 3205" for "section 2304(g)", could not be executed because of the intervening amendment by Pub. L. 116–283, §1883(b)(2). See note below. (National Defense Authorization Act for Fiscal Year 2022) Law text · (f)
- Pub. L. 116–283, §1883(b)(2), substituted "section 3205" for "section 2304(g)". (William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021) Law text · (f)
2019
- Pub. L. 116–92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics". (National Defense Authorization Act for Fiscal Year 2020) Law text · (k)
2018
- Pub. L. 115–232, §837(c)(1), substituted "Products" for "Items" in heading. (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (h)
- Pub. L. 115–232, §837(c)(2), substituted "commercial products" for "commercial items". (John S. McCain National Defense Authorization Act for Fiscal Year 2019) Law text · (h), (3)
2014
- Pub. L. 113–291, §1071(a)(10)(A)(i), substituted "sections 1906 and 1907 of title 41" for "sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (h)
- Pub. L. 113–291, §1071(a)(10)(A)(ii), substituted "section 104 of title 41" for "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))" in introductory provisions. (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (h)
- Pub. L. 113–291, §1071(a)(10)(B)(i), substituted "section 105 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (m)
- Pub. L. 113–291, §1071(a)(10)(B)(ii), substituted "section 131 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (m)
- Pub. L. 113–291, §1071(a)(10)(B)(iii), substituted "section 104 of title 41" for "section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))". (Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act for Fiscal Year 2015) Law text · (m)
2011
- Pub. L. 111–383, §1075(f)(2)(A), made technical amendment to directory language of Pub. L. 110–181, §804(a)(3). See 2008 Amendment note below. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (a)
- Pub. L. 111–350, §5(b)(39)(A), which directed substitution of "section 1906 of title 41" for "section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)", could not be executed because the words "section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)… Law text · (h)
- Pub. L. 111–350, §5(b)(39)(B), which directed substitution of "section 105 of title 41" for "section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)" in subsec. (j), could not be executed because the words "section 4 of the Office of Federal Procurement Policy Act (41… Law text · (j)
- Pub. L. 111–383, §1075(f)(2)(B), made technical amendment to directory language of Pub. L. 110–181, §804(e). See 2008 Amendment note below. (Ike Skelton National Defense Authorization Act for Fiscal Year 2011) Law text · (m)
2008
- Pub. L. 110–181, §804(a)(1), substituted "Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:" for "Except as provided in subsections (b) through (j), funds appropriated or otherwise available to the Depa… (National Defense Authorization Act for Fiscal Year 2008) Law text · (a)
- Pub. L. 110–181, §804(a)(2), substituted "The following" for "the following" and substituted period for "; or" at end. (National Defense Authorization Act for Fiscal Year 2008) Law text · (a)
- Pub. L. 110–181, §804(a)(3), as amended by Pub. L. 111–383, §1075(f)(2)(A), substituted "A specialty" for "a specialty". (National Defense Authorization Act for Fiscal Year 2008) Law text · (a)
- Pub. L. 110–181, §804(f)(1), substituted "Acquisitions" for "Procurements" in heading and pars. (1) and (2). (National Defense Authorization Act for Fiscal Year 2008) Law text · (c)
- Pub. L. 110–181, §804(f)(2), substituted "acquisition" for "procurement" in introductory provisions and par. (1). (National Defense Authorization Act for Fiscal Year 2008) Law text · (d)
- Pub. L. 110–181, §804(f)(3), substituted "acquisitions" for "procurements". (National Defense Authorization Act for Fiscal Year 2008) Law text · (f)
- Pub. L. 110–181, §804(c), (f)(3), substituted "acquisitions" for "procurements" and "electronic components, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availabil… (National Defense Authorization Act for Fiscal Year 2008) Law text · (g)
- Pub. L. 110–181, §804(b), amended heading and text generally. Prior to amendment, text read as follows: "This section applies to procurements of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)." (National Defense Authorization Act for Fiscal Year 2008) Law text · (h)
- Pub. L. 110–181, §804(d), added subsecs. (i) to (k) and redesignated former subsecs. (i) and (j) as (l) and (m), respectively. (National Defense Authorization Act for Fiscal Year 2008) Law text · (i), (j), (k), (l), (m)
- Pub. L. 110–181, §804(e), as amended by Pub. L. 111—383, §1075(f)(2)(B), added pars. (3) to (10). (National Defense Authorization Act for Fiscal Year 2008) Law text · (m)
Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.