Title 10 — Armed Forces
Part V · Chapter 385 — Other Technology Base Policies and Programs
§ 4872. Acquisition of sensitive materials from non-allied foreign nations: prohibition
Statutory text
In General.—
Except as provided in subsections (c) and (e), the Secretary of Defense may not—
procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsections (c) and (e); or
sell any material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to—
any covered nation; or
any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation.
Applicability.—
Subsection (a) shall apply to prime contracts and subcontracts at any tier.
Exceptions.—
Subsection (a)(1) does not apply under the following circumstances:
If the Secretary of Defense or the Secretary of the military department concerned—
identifies a specific end item for which a specific covered material of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price; and
waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.
To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States in support of contingency operations or for use outside of the United States.
To the purchase by the Secretary of an end item containing a covered material that is—
a commercially available off-the-shelf item (as defined in section 104 of title 41), other than—
a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or
a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component;
an electronic device, unless the Secretary of Defense, upon the recommendation of the 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), determines that the domestic availability of a particular electronic device is critical to national security;
a neodymium-iron-boron magnet or samarium-cobalt magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States; or
tantalum, tungsten, or molybdenum produced from recycled material if the contractor demonstrates to the Secretary that the recycled material was produced outside of a covered nation and the melting of the recycled material and any further processing and manufacturing of the recycled material takes place in the United States or in the country of a qualifying foreign government, as defined in section 4863(m)(11) of this title.
Delegation.—
The authorities in subsection (c)—
may be delegated to the head of contracting activity for the relevant component for an exception for a single acquisition program;
may be delegated to the senior acquisition executive of a military department for an exception for multiple programs within such military department; and
may be delegated to the Undersecretary of Defense for Acquisition and Sustainment for an exception for more than one military department.
National Security Waiver.—
In general.—
Notwithstanding subsection (a), the Secretary of Defense or the Secretary of the military department concerned, may accept the delivery of an end item containing covered material manufactured in a covered nation if the Secretary determines in writing that acceptance of such end item is necessary to the national security interests of the United States.
Delegation.—
A written determination under paragraph (1)—
may be delegated—
to the senior acquisition executive of the military department concerned for a waiver for one or more acquisition programs within such military department; and
to the Deputy Secretary of Defense or the Under Secretary of Defense for Acquisition and Sustainment for a waiver applicable to more than one military department;
shall specify the quantity of end items to which the waiver applies and the time period over which the waiver applies; and
shall be provided to the congressional defense committees prior to making such a determination (except that in the case of an urgent national security requirement, such certification may be provided to the defense committees up to 7 days after it is made).
Application of national security waiver for strategic materials.—
If the Secretary of Defense or the authorized delegate has made a determination under subsection (k) of section 4863 of this title for a national security waiver of the restrictions under subsection (a) of that section for a specific end item, the Secretary or authorized delegate may apply that waiver to the restrictions under subsection (a) of this section for the same covered material or end item.
Definitions.—
In this section:
Covered material.—
The term “covered material” means—
samarium-cobalt magnets;
neodymium-iron-boron magnets;
tungsten metal powder;
tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy;
tantalum metals and alloys; and
molybdenum.
Covered nation.—
The term “covered nation” means—
the Democratic People’s Republic of North Korea;
the People’s Republic of China;
the Russian Federation; and
the Islamic Republic of Iran.
End item.—
The term “end item” has the meaning given in section 4863(m) of this title.
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.
John S. McCain National Defense Authorization Act for Fiscal Year 2019
Pub. L. 115–232 div. A title VIII § 871(a) · 132 Stat. 1636
Enacted · 10 U.S.C. § 4872
Added Pub. L. 115–232, div. A, title VIII, § 871(a), Aug. 13, 2018, 132 Stat. 1904, § 2533c
Source evidence
Code source credit
Added Pub. L. 115–232, div. A, title VIII, § 871(a), Aug. 13, 2018, 132 Stat. 1904, § 2533cEnacted provision · exact public law section
(a) In General.— Subchapter V of chapter 148 of title 10, United States Code, is amended by inserting after section 2533b the following new section: “§ 2533c. Prohibition on acquisition of sensitive materials from non-allied foreign nations “(a) In General.— Except as provided in subsection (c), the Secretary of Defense may not— “(1) procure any covered material melted or produced in any covered nation, or any end item that contains a covered material manufactured in any covered nation, except as provided by subsection (c); or “(2) sell any covered material from the National Defense Stockpile, if the National Defense Stockpile Manager determines that such a sale is not in the national interests of the United States, to— “(A) any covered nation; or “(B) any third party that the Secretary reasonably believes is acting as a broker or agent for a covered nation or an entity in a covered nation. “(b) Applicability.— Subsection (a) shall apply to prime contracts and subcontracts at any tier. “(c) Exceptions.— Subsection (a) does not apply under the following circumstances: “(1) If the Secretary of Defense determines that covered materials of satisfactory quality and quantity, in the required form, cannot be procured as and when needed at a reasonable price. “(2) To the procurement of an end item described in subsection (a)(1) or the sale of any covered material described under subsection (a)(1) by the Secretary outside of the United States for use outside of the United States. “(3) To the purchase by the Secretary of an end item containing a covered material that is— “(A) a commercially available off-the-shelf item (as defined in section 104 of title 41), other than— “(i) a commercially available off-the-shelf item that is 50 percent or more tungsten by weight; or “(ii) a mill product, such as bar, billet, slab, wire, cube, sphere, block, blank, plate, or sheet, that has not been incorporated into an end item, subsystem, assembly, or component; “(B) an electronic device, 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 availability of a particular electronic device is critical to national security; or “(C) a neodymium-iron-boron magnet manufactured from recycled material if the milling of the recycled material and sintering of the final magnet takes place in the United States. “(d) Definitions.— In this section: “(1) Covered material.— The term ‘covered material’ means— “(A) samarium-cobalt magnets; “(B) neodymium-iron-boron magnets; “(C) tungsten metal powder; and “(D) tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy alloy. “(2) Covered nation.— The term ‘covered nation’ means— “(A) the Democratic People’s Republic of North Korea; “(B) the People’s Republic of China; “(C) the Russian Federation; and “(D) the Islamic Republic of Iran. “(3) End item.— The term ‘end item’ has the meaning given in section 2533b(m) of this title.” .National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 849(a) · 133 Stat. 1198
Substituted · 10 U.S.C. § 4872(a)(2)
Pub. L. 116–92, § 849(a), substituted “material” for “covered material” in introductory provisions
Source evidence
Code amendment note
Subsec. (a)(2). Pub. L. 116–92, § 849(a), substituted “material” for “covered material” in introductory provisions.Enacted provision · exact public law section
(a) Expansion of Materials Covered by Prohibition on Sale From National Defense Stockpile.— Subsection (a)(2) of section 2533c of title 10, United States Code, is amended, in the matter preceding subparagraph (A), by striking “covered material” and inserting “material”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 § 849(b) · 133 Stat. 1198
Added · 10 U.S.C. § 4872(d)(1)(E)
Pub. L. 116–92, § 849(b), added subpar. (E)
Source evidence
Code amendment note
Subsec. (d)(1)(E). Pub. L. 116–92, § 849(b), added subpar. (E).Enacted provision · exact public law section
(b) Inclusion of Tantalum in Definition of Covered Materials.— Subsection (d)(1) of such section is amended— (1) in subparagraph (C), by striking “; and” and inserting a semicolon; (2) in subparagraph (D), by striking the period and inserting “; and”; and (3) by adding at the end the following new subparagraph: “(E) tantalum metals and alloys.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1870(d)(3)(B) · 134 Stat. 3388
Amended · 10 U.S.C. § 4872
Pub. L. 116–283, § 1870(d)(3)(B), as amended by Pub. L. 117–81, § 1701(t)(3)
Amended · 10 U.S.C. § 4872
Pub. L. 116–283, § 1870(d)(3)(B), as amended section catchline generally. Prior to amendment, section catchline read as follows: “Prohibition on acquisition of sensitive materials from non-allied foreign nations”
Source evidence
Code amendment note
Pub. L. 116–283, § 1870(d)(3)(B), as amended by Pub. L. 117–81, § 1701(t)(3), amended section catchline generally. Prior to amendment, section catchline read as follows: “Prohibition on acquisition of sensitive materials from non-allied foreign nations”.Enacted provision · exact public law section
(B) The heading of such section is amended to read as follows: “§ 4871. Acquisition of sensitive materials from non-allied foreign nations: prohibition” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1870(d)(2) · 134 Stat. 3388
Amended · 10 U.S.C. § 4872
Pub. L. 116–283, § 1870(d)(2), as amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2533c of this title as this section
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 116–283, § 1870(d)(2), as amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2533c of this title as this section.Enacted provision · exact public law section
(2) Transfer and redesignation of sections 2533c and 2536.— Sections 2533c and 2536 of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter III, and redesignated as sections 4871 and 4872, respectively.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 844(a)(1) · 134 Stat. 3388
Amended · 10 U.S.C. § 4872(a)(3)
Pub. L. 116–283, § 844(a)(1), as amended by Pub. L. 119–60, § 848
Added · 10 U.S.C. § 4872(a)(3)
Pub. L. 116–283, § 844(a)(1), as added par. (3)
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 116–283, § 844(a)(1), as amended by Pub. L. 119–60, § 848, added par. (3).Enacted provision · exact public law section
(1) in subsection (a)(1), by striking “material melted” and inserting “material mined, refined, separated, melted,”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 844(a)(2) · 134 Stat. 3388
Amended · 10 U.S.C. § 4872(c)(3)(A)(i)
Pub. L. 116–283, § 844(a)(2), as amended by Pub. L. 119–60, § 848(1)
Substituted · 10 U.S.C. § 4872(c)(3)(A)(i)
Pub. L. 116–283, § 844(a)(2), as substituted “covered material” for “tungsten”
Source evidence
Code amendment note
Subsec. (c)(3)(A)(i). Pub. L. 116–283, § 844(a)(2), as amended by Pub. L. 119–60, § 848(1), substituted “covered material” for “tungsten”.Enacted provision · exact public law section
(2) in subsection (c)(3)(A)(i), by striking “tungsten” and inserting “covered material”.William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 1870(d)(3)(A) · 134 Stat. 3388
Amended · 10 U.S.C. § 4872(d)(3)
Pub. L. 116–283, § 1870(d)(3)(A), as amended by Pub. L. 117–81, § 1701(t)(3)
Substituted · 10 U.S.C. § 4872(d)(3)
Pub. L. 116–283, § 1870(d)(3)(A), as substituted “section 4863(m)” for “section 2533b(m)”
Source evidence
Code amendment note
Subsec. (d)(3). Pub. L. 116–283, § 1870(d)(3)(A), as amended by Pub. L. 117–81, § 1701(t)(3), substituted “section 4863(m)” for “section 2533b(m)”.Enacted provision · exact public law section
(A) Section 4871 of such title, as so transferred and redesignated, is amended by striking “section 2533b(m)” in subsection (d)(3) and inserting “section 4863(m)”.James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
Pub. L. 117–263 div. A title XIV § 1411(d)(2)(B) · 136 Stat. 2395
Substituted · 10 U.S.C. § 4872(c)(3)(B)
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”
Source evidence
Code amendment note
Subsec. (c)(3)(B). 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”.Enacted provision · exact public law section
(B) in section 4872(c)(3)(B), by striking “ Strategic Materials Protection Board pursuant to section 187 of this title” and inserting “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)”.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 834(1) · 137 Stat. 136
Substituted · 10 U.S.C. § 4872(c)
Pub. L. 118–31, § 834(1), substituted “Subsection (a)(1)” for “Subsection (a)” in introductory provisions
Source evidence
Code amendment note
Subsec. (c). Pub. L. 118–31, § 834(1), substituted “Subsection (a)(1)” for “Subsection (a)” in introductory provisions.Enacted provision · exact public law section
(1) in the matter preceding paragraph (1), by striking “Subsection (a)” and inserting “Subsection (a)(1)”; andNational Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 § 834(2) · 137 Stat. 136
Substituted · 10 U.S.C. § 4872(c)(1)
Pub. L. 118–31, § 834(2), substituted “Defense—” for “Defense determines that covered materials”
Inserted · 10 U.S.C. § 4872(c)(1)
Pub. L. 118–31, § 834(2), inserted subpar. (A) designation and “identifies a specific end item for which a specific covered material” before “of satisfactory quality”
Added · 10 U.S.C. § 4872(c)(1)
Pub. L. 118–31, § 834(2), added subpar. (B)
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 118–31, § 834(2), substituted “Defense—” for “Defense determines that covered materials”, inserted subpar. (A) designation and “identifies a specific end item for which a specific covered material” before “of satisfactory quality”, and added subpar. (B).Enacted provision · exact public law section
(2) in paragraph (1)— (A) by striking “Defense determines that covered materials” and inserting the following: “Defense— “(A) identifies a specific end item for which a specific covered material” ; (B) by striking the period at the end and inserting “; and” ; and (C) by adding at the end the following new subparagraph: “(B) waives subsection (a)(1) for such specific end item and such specific covered material for a period not exceeding 36 months.” .Pub. L. 118–159 § 844(b)(1) · 138 Stat. 1991
Inserted · 10 U.S.C. § 4872(a)
Pub. L. 118–159, § 844(b)(1), inserted “or (e)” after “subsection (c)” in introductory provisions
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 118–159, § 844(b)(1), inserted “or (e)” after “subsection (c)” in introductory provisions.Pub. L. 118–159 § 844(b)(2)(A) · 138 Stat. 1991
Inserted · 10 U.S.C. § 4872(c)(1)
Pub. L. 118–159, § 844(b)(2)(A), inserted “or the Secretary of the military department concerned” after “Secretary of Defense” in introductory provisions
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 118–159, § 844(b)(2)(A), inserted “or the Secretary of the military department concerned” after “Secretary of Defense” in introductory provisions.Pub. L. 118–159 § 844(b)(2)(B) · 138 Stat. 1991
Inserted · 10 U.S.C. § 4872(c)(2)
Pub. L. 118–159, § 844(b)(2)(B), inserted “in support of contingency operations or” before “for use outside”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 118–159, § 844(b)(2)(B), inserted “in support of contingency operations or” before “for use outside”.Pub. L. 118–159 § 844(b)(3) · 138 Stat. 1991
Added · 10 U.S.C. § 4872(d)(f)
Pub. L. 118–159, § 844(b)(3), (4), added subsecs. (d) and (e)
Redesignated · 10 U.S.C. § 4872(d)(f)
Pub. L. 118–159, § 844(b)(3), (4), redesignated former subsec. (d) as (f)
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsecs. (d) to (f). Pub. L. 118–159, § 844(b)(3), (4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).Pub. L. 119–60 § 843(1)(A) · 139 Stat. 975
Substituted · 10 U.S.C. § 4872(a)
Pub. L. 119–60, § 843(1)(A), which directed substitution of “subsections (c) and (e)” for “subsection (c) or subsection (e)” was executed by making the substitution for “subsection (c) or (e)” in introductory provisions, to reflect the probable intent of Congress
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a). Pub. L. 119–60, § 843(1)(A), which directed substitution of “subsections (c) and (e)” for “subsection (c) or subsection (e)” was executed by making the substitution for “subsection (c) or (e)” in introductory provisions, to reflect the probable intent of Congress.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 843(1)(B) · 139 Stat. 975
Substituted · 10 U.S.C. § 4872(a)(1)
Pub. L. 119–60, § 843(1)(B), substituted “subsections (c) and (e)” for “subsection (c)”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 119–60, § 843(1)(B), substituted “subsections (c) and (e)” for “subsection (c)”.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 844(a)(2)(B)(i) · 139 Stat. 975
Inserted · 10 U.S.C. § 4872(c)(3)(C)
Pub. L. 119–60, § 844(a)(2)(B)(i), inserted “or samarium-cobalt magnet” after “neodymium-iron-boron magnet”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(3)(C). Pub. L. 119–60, § 844(a)(2)(B)(i), inserted “or samarium-cobalt magnet” after “neodymium-iron-boron magnet”.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 844(b)(2) · 139 Stat. 975
Substituted · 10 U.S.C. § 4872(c)(3)(D)
Pub. L. 119–60, § 844(b)(2), substituted “molybdenum, gallium, or germanium” for “or molybdenum”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (c)(3)(D). Pub. L. 119–60, § 844(b)(2), substituted “molybdenum, gallium, or germanium” for “or molybdenum”.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 844(a)(2)(A) · 139 Stat. 975
Added · 10 U.S.C. § 4872(c)(3)(D)
Pub. L. 119–60, § 844(a)(2)(A), (B)(ii), (C), added subpar. (D)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 119–60, § 844(a)(2)(A), (B)(ii), (C), added subpar. (D).Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 1701(a)(31) · 139 Stat. 975
Substituted · 10 U.S.C. § 4872(e)(1)
Pub. L. 119–60, § 1701(a)(31), which directed substitution of “the Secretary of Defense or the Secretary of the military department concerned” for “the Secretary of Defense of the Secretary or the Secretary of the military department concerned”, could not be executed because of the intervening amendment by Pub. L. 119–60, § 843(2)(A). See note below
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(1). Pub. L. 119–60, § 1701(a)(31), which directed substitution of “the Secretary of Defense or the Secretary of the military department concerned” for “the Secretary of Defense of the Secretary or the Secretary of the military department concerned”, could not be executed because of the intervening amendment by Pub. L. 119–60, § 843(2)(A). See note below.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 843(2)(A) · 139 Stat. 975
Struck · 10 U.S.C. § 4872(e)(1)
Pub. L. 119–60, § 843(2)(A), struck out “of the Secretary” after “the Secretary of Defense”
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 119–60, § 843(2)(A), struck out “of the Secretary” after “the Secretary of Defense”.Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 843(2)(B) · 139 Stat. 975
Added · 10 U.S.C. § 4872(e)(3)
Pub. L. 119–60, § 843(2)(B), added par. (3)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e)(3). Pub. L. 119–60, § 843(2)(B), added par. (3).Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 844(a)(1) · 139 Stat. 975
Added · 10 U.S.C. § 4872(f)(1)(F)
Pub. L. 119–60, § 844(a)(1), added subpar. (F)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f)(1)(F). Pub. L. 119–60, § 844(a)(1), added subpar. (F).Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”Pub. L. 119–60 § 844(b)(1) · 139 Stat. 975
Added · 10 U.S.C. § 4872(f)(1)(G); 10 U.S.C. § 4872(f)(1)(H)
Pub. L. 119–60, § 844(b)(1), added subpars. (G) and (H)
Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f)(1)(G), (H). Pub. L. 119–60, § 844(b)(1), added subpars. (G) and (H).Effective date note
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), Dec. 18, 2025, 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [Dec. 18, 2025].”
17 of 32 references resolved to an enrolled provision · 15 unresolved
Notes
Amendment of Section
Pub. L. 116–283, div. A, title VIII, § 844, , 134 Stat. 3766, as amended by Pub. L. 119–60, div. A, title VIII, § 848, , 139 Stat. 978, provided that, effective 6 years after , this section is amended as follows:
(1) in subsection (a), by striking “; or” in paragraph (1) and inserting a semicolon, by striking the period at the end of paragraph (2)(B) and inserting “; or”, and by adding at the end the following new paragraph:
“(3) enter into a contract for any covered material mined, refined, or separated in any covered nation.”; and
(2) in subsection (c)(3)(A)(i), by striking “tungsten” and inserting “covered material”.
See 2021 Amendment notes below.
Pub. L. 119–60, div. A, title VIII, § 844(b), , 139 Stat. 976, provided that, effective two years after , this section is amended as follows:
(1) in subsection (c)(3)(D), by striking “or molybdenum” and inserting “molybdenum, gallium, or germanium”; and
(2) in subsection (f)(1), by adding at the end the following new subparagraphs:
“(G) germanium; and
“(H) gallium.”
See 2025 Amendment notes below.
Editorial Notes
Codification
Pub. L. 116–283, § 1870(d)(2), which had initially directed the transfer of section 2536 of this title to this section, was amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), and, after that amendment, such transfer was no longer directed. Instead, Pub. L. 116–283, as amended by Pub. L. 117–81, transferred section 2533c of this title to this section and section 2536 of this title to section 4874.
Amendments2019–2025 · 6 rounds
2025
Subsec. (a). Pub. L. 119–60, § 843(1)(A), which directed substitution of “subsections (c) and (e)” for “subsection (c) or subsection (e)” was executed by making the substitution for “subsection (c) or (e)” in introductory provisions, to reflect the probable intent of Congress.
Subsec. (a)(1). Pub. L. 119–60, § 843(1)(B), substituted “subsections (c) and (e)” for “subsection (c)”.
Subsec. (c)(3)(C). Pub. L. 119–60, § 844(a)(2)(B)(i), inserted “or samarium-cobalt magnet” after “neodymium-iron-boron magnet”.
Subsec. (c)(3)(D). Pub. L. 119–60, § 844(b)(2), substituted “molybdenum, gallium, or germanium” for “or molybdenum”.
Pub. L. 119–60, § 844(a)(2)(A), (B)(ii), (C), added subpar. (D).
Subsec. (e)(1). Pub. L. 119–60, § 1701(a)(31), which directed substitution of “the Secretary of Defense or the Secretary of the military department concerned” for “the Secretary of Defense of the Secretary or the Secretary of the military department concerned”, could not be executed because of the intervening amendment by Pub. L. 119–60, § 843(2)(A). See note below.
Pub. L. 119–60, § 843(2)(A), struck out “of the Secretary” after “the Secretary of Defense”.
Subsec. (e)(3). Pub. L. 119–60, § 843(2)(B), added par. (3).
Subsec. (f)(1)(F). Pub. L. 119–60, § 844(a)(1), added subpar. (F).
Subsec. (f)(1)(G), (H). Pub. L. 119–60, § 844(b)(1), added subpars. (G) and (H).
2024
Subsec. (a). Pub. L. 118–159, § 844(b)(1), inserted “or (e)” after “subsection (c)” in introductory provisions.
Subsec. (c)(1). Pub. L. 118–159, § 844(b)(2)(A), inserted “or the Secretary of the military department concerned” after “Secretary of Defense” in introductory provisions.
Subsec. (c)(2). Pub. L. 118–159, § 844(b)(2)(B), inserted “in support of contingency operations or” before “for use outside”.
Subsecs. (d) to (f). Pub. L. 118–159, § 844(b)(3), (4), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).
2023
Subsec. (c). Pub. L. 118–31, § 834(1), substituted “Subsection (a)(1)” for “Subsection (a)” in introductory provisions.
Subsec. (c)(1). Pub. L. 118–31, § 834(2), substituted “Defense—” for “Defense determines that covered materials”, inserted subpar. (A) designation and “identifies a specific end item for which a specific covered material” before “of satisfactory quality”, and added subpar. (B).
2022
Subsec. (c)(3)(B). 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”.
2021
Pub. L. 116–283, § 1870(d)(3)(B), as amended by Pub. L. 117–81, § 1701(t)(3), amended section catchline generally. Prior to amendment, section catchline read as follows: “Prohibition on acquisition of sensitive materials from non-allied foreign nations”.
Pub. L. 116–283, § 1870(d)(2), as amended by Pub. L. 117–81, § 1701(t)(2)(B), (C), renumbered section 2533c of this title as this section.
Subsec. (a)(3). Pub. L. 116–283, § 844(a)(1), as amended by Pub. L. 119–60, § 848, added par. (3).
Subsec. (c)(3)(A)(i). Pub. L. 116–283, § 844(a)(2), as amended by Pub. L. 119–60, § 848(1), substituted “covered material” for “tungsten”.
Subsec. (d)(3). Pub. L. 116–283, § 1870(d)(3)(A), as amended by Pub. L. 117–81, § 1701(t)(3), substituted “section 4863(m)” for “section 2533b(m)”.
2019
Subsec. (a)(2). Pub. L. 116–92, § 849(a), substituted “material” for “covered material” in introductory provisions.
Subsec. (d)(1)(E). Pub. L. 116–92, § 849(b), added subpar. (E).
Statutory Notes and Related Subsidiaries
Effective Date of 2025 Amendment
Pub. L. 119–60, div. A, title VIII, § 844(b)(3), , 139 Stat. 977, provided that: “The amendments made by paragraphs (1) and (2) [amending this section] shall take effect on the date that is two years after the date of the enactment of this Act [].”
Effective Date of 2021 Amendment
Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below for section 1870(d)(2), (3) of Pub. L. 116–283.
Pub. L. 116–283, div. A, title VIII, § 844(b), , 134 Stat. 3766, as amended by Pub. L. 118–31, div. A, title VIII, § 854, , 137 Stat. 345, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date that is 6 years after the date of the enactment of this Act [].”
Amendment by section 1870(d)(2), (3) of Pub. L. 116–283 effective , 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.
Credits
2018–2025 · 8 acts
- 2018Added Pub. L. 115–232, div. A, title VIII, § 871(a), , 132 Stat. 1904, § 2533c
- 2019amended Pub. L. 116–92, div. A, title VIII, § 849, , 133 Stat. 1508
- 2021renumbered § 4872 and amended Pub. L. 116–283, div. A, title VIII, § 844(a), title XVIII, § 1870(d)(2), (3), , 134 Stat. 3766, 4286
- 2021Pub. L. 117–81, div. A, title XVII, § 1701(t)(2)(B), (C), (3), , 135 Stat. 2150
- 2022Pub. L. 117–263, div. A, title XIV, § 1411(d)(2)(B), , 136 Stat. 2872
- 2023Pub. L. 118–31, div. A, title VIII, § 834, , 137 Stat. 337
- 2024Pub. L. 118–159, div. A, title VIII, § 844(b), , 138 Stat. 1991
- 2025Pub. L. 119–60, div. A, title VIII, §§ 843–844(b)(2), 848, title XVII, § 1701(a)(31), , 139 Stat. 975, 976, 978, 1209.
Show as published
(Added Pub. L. 115–232, div. A, title VIII, § 871(a), , 132 Stat. 1904, § 2533c; amended Pub. L. 116–92, div. A, title VIII, § 849, , 133 Stat. 1508; renumbered § 4872 and amended Pub. L. 116–283, div. A, title VIII, § 844(a), title XVIII, § 1870(d)(2), (3), , 134 Stat. 3766, 4286; Pub. L. 117–81, div. A, title XVII, § 1701(t)(2)(B), (C), (3), , 135 Stat. 2150; Pub. L. 117–263, div. A, title XIV, § 1411(d)(2)(B), , 136 Stat. 2872; Pub. L. 118–31, div. A, title VIII, § 834, , 137 Stat. 337; Pub. L. 118–159, div. A, title VIII, § 844(b), , 138 Stat. 1991; Pub. L. 119–60, div. A, title VIII, §§ 843–844(b)(2), 848, title XVII, § 1701(a)(31), , 139 Stat. 975, 976, 978, 1209.)