§ 4603. Advance notification of contract performance outside the United States

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1992

   National Defense Authorization Act for Fiscal Year 1993

   Pub. L. 102–484 div. A title VIII § 840(a)(1) · 106 Stat. 2315

   Enacted · 10 U.S.C. § 4603

   Added Pub. L. 102–484, div. A, title VIII, § 840(a)(1), Oct. 23, 1992, 106 Stat. 2466, § 2410g

   Source evidence

   Code source credit
   Added Pub. L. 102–484, div. A, title VIII, § 840(a)(1), Oct. 23, 1992, 106 Stat. 2466, § 2410g

   Enacted provision · exact public law section
   (1) Chapter 141 of title 10, United States Code, as amended by sections 384, 808, 813, and 834, is further amended by adding at the end the following new section: “§ 2410g. Advance notification of contract performance outside the United States “(a) Notification.— (1) A firm that is performing a Department of Defense contract for an amount exceeding $10,000,000, or is submitting a bid or proposal for such a contract, shall notify the Department of Defense in advance of any intention of the firm or any first-tier subcontractor of the firm to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada. “(2) If a firm submitting a bid or proposal for a Department of Defense contract is required to submit a notification under this subsection, and the firm is aware, at the time it submits its bid or proposal, that the firm intends to perform outside the United States and Canada any part of the contract that exceeds $500,000 in value and could be performed inside the United States or Canada, the firm shall include the notification in its bid or proposal. “(3) The notification by a firm under paragraph (1) with respect to a first-tier subcontractor shall be made, to the maximum extent practicable, at least 30 days before award of the subcontract. “(b) Recipient of Notification.— The firm shall transmit the notification— “(1) in the case of a contract of a military department, to such officer or employee of that military department as the Secretary of the military department may direct; and “(2) in the case of any other Department of Defense contract, to such officer or employee of the Department of Defense as the Secretary of Defense may direct. “(c) Availability of Notifications.— The Secretary of Defense shall ensure that the notifications (or copies) are maintained in compiled form for a period of 5 years after the date of submission and are available for use in the preparation of the national defense technology and industrial base assessment carried out under section 2505 of this title. “(d) Inapplicability to Certain Contracts.— This section shall not apply to contracts for any of the following: “(1) Commercial items. “(2) Military construction. “(3) Ores. “(4) Natural gas. “(5) Utilities. “(6) Petroleum products and crudes. “(7) Timber. “(8) Subsistence.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. D title XLIII § 4321(b)(16) · 110 Stat. 186

   Inserted · 10 U.S.C. § 4603(d)(1)

   Pub. L. 104–106 inserted “(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” before period at end

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 104–106 inserted “(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” before period at end.

   Enacted provision · exact public law section
   (16) Section 2410g(d)(1) is amended by inserting before the period at the end the following: “(as defined in section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”.

3. 2011

   Pub. L. 111–350 § 5(b)(30) · 124 Stat. 3677

   Substituted · 10 U.S.C. § 4603(d)(1)

   Pub. L. 111–350 substituted “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 111–350 substituted “section 103 of title 41)” for “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))”.

   Enacted provision · exact public law section
   (30) In section 2410g(d)(1), strike “section 4(12) of the Office of Federal Procurement Policy Act (41 U.S.C. 403(12)))” and substitute “section 103 of title 41)”.

4. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 836(e)(7) · 132 Stat. 1636

   Substituted · 10 U.S.C. § 4603(d)(1)

   Pub. L. 115–232 substituted “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “Commercial items (as defined in section 103 of title 41)”

   Source evidence

   Code amendment note
   Subsec. (d)(1). Pub. L. 115–232 substituted “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)” for “Commercial items (as defined in section 103 of title 41)”.

   Enacted provision · exact public law section
   (7) Section 2410g(d)(1) is amended by striking “Commercial items (as defined in section 103 of title 41)” and inserting “Commercial products or commercial services (as defined in sections 103 and 103a, respectively, of title 41)”.

5. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1861(b) · 134 Stat. 3388

   Changed · 10 U.S.C. § 4603

   Pub. L. 116–283, § 1861(b), renumbered section 2410g of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1861(b), renumbered section 2410g of this title as this section.

   Enacted provision · exact public law section
   (b) Transfer of Title 10 Sections.— Sections 2227, 2226, and 2410g of title 10, United States Code, are transferred to chapter 361 of such title, as amended by subsection (a), inserted (in that order) after the table of sections at the beginning of such chapter, and redesignated as section 4601, 4602, and 4603, respectively.

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

   Substituted · 10 U.S.C. § 4603(c)

   Pub. L. 116–283, § 1883(b)(2), substituted “section 4816” for “section 2505”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 116–283, § 1883(b)(2), substituted “section 4816” for “section 2505”.

   Enacted provision · exact public law section
   * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

   Effective date note
   Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6 of 6 references resolved to an enrolled provision