10 U.S.C. § 4863
Requirement to buy strategic materials critical to national security from American sources; exceptions
United States · Title 10 — ARMED FORCES · Status: effective
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- Citation
- 10 U.S.C. § 4863, Requirement to buy strategic materials critical to national security from American sources; exceptions, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/435011
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Full text
Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:
The authority in subsection (b)(1)—
Subsection (a) does not apply to the following:
Subsection (a)(1) does not preclude the acquisition of a specialty metal if—
the acquisition is necessary—
any specialty metal procured as mill product or incorporated into a component other than an end item pursuant to this subsection shall be melted or produced—
This section does not apply to contracts or subcontracts for the acquisition of commercially available off-the-shelf items, as defined in section 104 of title 41, other than—
contracts or subcontracts for commercially available off-the-shelf fasteners, unless such fasteners are—
Subsection (a) shall not apply to an item acquired under a prime contract if the Secretary of Defense or the Secretary of a military department determines that—
the contractor certifies that the contractor and its subcontractors have entered into a contractual agreement, or agreements, to purchase an amount of domestically melted specialty metal in the required form, for use during the period of contract performance in the production of the commercial derivative military article and the related commercial article, that is not less than the greater of—
A written determination under paragraph (1)—
may be delegated—
If the Secretary determines that the noncompliance was knowing or willful, the Secretary shall—
The Secretary of Defense shall require that, for any system or component for which the provenance of materials must be tracked to comply with safety regulations concerning flight, the supplier of such system or component shall inform the government if any of the materials were known to be manufactured or processed in—
In this section, the term “specialty metal” means any of the following:
Steel—
In this section:
The term “required form” shall not apply to end items or to their components at any tier. The term “required form” means in the form of mill product, such as bar, billet, wire, slab, plate or sheet, and in the grade appropriate for the production of—
Legislative history
The public laws that enacted or amended this section. Tallies are for the whole bill as it passed each chamber — often an omnibus covering far more than this provision — not a vote on this section alone.
- John Warner National Defense Authorization Act for Fiscal Year 2007House: 398–23Senate: no recorded tally
- National Defense Authorization Act for Fiscal Year 2008
- To enact certain laws relating to public contracts as title 41, United States Code, "Public Contracts".House: 385–0Senate: no recorded tally
- Ike Skelton National Defense Authorization Act for Fiscal Year 2011House: 341–48Senate: no recorded tally
- Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015
- John S. McCain National Defense Authorization Act for Fiscal Year 2019
- National Defense Authorization Act for Fiscal Year 2020
- William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
- National Defense Authorization Act for Fiscal Year 2022House: 363–70Senate: no recorded tally
- James M. Inhofe National Defense Authorization Act for Fiscal Year 2023
- National Defense Authorization Act for Fiscal Year 2024
- Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025House: 281–140Senate: no recorded tally