10 U.S.C. § 2534 (ARMED FORCES)
[§ 2534. Renumbered § 4864]
heading: Statutory Notes and Related Subsidiaries
heading: Review of Select Components
text: Pub. L. 116–283, div. A, title VIII, § 845(b), Jan. 1, 2021, 134 Stat. 3767, provided that:
“The Secretary of the Defense shall expedite the review period under paragraph (3)(B) of section 2534(j) of title 10, United States Code [now 10 U.S.C. 4864(j)], as redesignated by subsection (a), to not more than 60 days for applications submitted pursuant to such section 2534(j) [4864(j)] for the following components for auxiliary ships:
“(1) Auxiliary equipment, including pumps, for all shipboard services.
“(2) Propulsion system components, including engines, reduction gears, and propellers.
“(3) Shipboard cranes.
“(4) Spreaders for shipboard cranes.”
heading: Certain Exemption
text: Pub. L. 116–283, div. A, title XVI, § 1603(b), Jan. 1, 2021, 134 Stat. 4043, provided that: “Paragraph (5) of section 2534(a) of title 10, United States Code [now 10 U.S.C. 4864(a)(5)], as added by subsection (a) of this section, shall not apply with respect to programs that have received Milestone A approval (as defined in section 2431a of such title [now 10 U.S.C. 4211]) before October 1, 2021.”
heading: Clarification of Delegation Authority
text: Pub. L. 116–283, div. A, title XVI, § 1603(c), Jan. 1, 2021, 134 Stat. 4043, provided that: “Subject to subsection (i) of section 2534 of title 10, United States Code [now 10 U.S.C. 4864(i)], the Secretary of Defense may delegate to a service acquisition executive the authority to make a waiver under subsection (d) of such section with respect to the limitation under subsection (a)(5) of such section, as added by subsection (a) of this section.”
heading: Procurement of Photovoltaic Devices
text: Pub. L. 113–291, div. A, title VIII, § 858, Dec. 19, 2014, 128 Stat. 3460, which required certain contracts to include a provision relating to the manufacturing of photovoltaic devices in the United States, was repealed by Pub. L. 115–91, div. A, title VIII, § 813(b), Dec. 12, 2017, 131 Stat. 1461, effective Oct. 1, 2018.
Pub. L. 111–383, div. A, title VIII, § 846, Jan. 7, 2011, 124 Stat. 4285, as amended by Pub. L. 113–291, div. A, title X, § 1071(b)(1)(A), Dec. 19, 2014, 128 Stat. 3505, provided that:
“(a) Contract Requirement.—
The Secretary of Defense shall ensure that each contract described in subsection (b) awarded by the Department of Defense includes a provision requiring the photovoltaic devices provided under the contract to comply with chapter 83 of title 41, United States Code, subject to the exceptions to that chapter provided in the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) or otherwise provided by law.
“(b) Contracts Described.—
The contracts described in this subsection include energy savings performance contracts, utility service contracts, land leases, and private housing contracts, to the extent that such contracts result in ownership of photovoltaic devices by the Department of Defense. For the purposes of this section, the Department of Defense is deemed to own a photovoltaic device if the device is—
“(1) installed on Department of Defense property or in a facility owned by the Department of Defense; and
“(2) reserved for the exclusive use of the Department of Defense for the full economic life of the device.
“(c) Definition of Photovoltaic Devices.—
In this section, the term ‘photovoltaic devices’ means devices that convert light directly into electricity through a solid-state, semiconductor process.”
heading: Elimination of Unreliable Sources of Defense Items and Components
text: Pub. 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.
“(b) 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 (b) 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 (b) 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 (b) not later than 24 months after such date.”