10 U.S.C. § 2533c
Section 2533c · Renumbered § 4872]
Current version, with additions and removals from the August 13, 2018 version.
(a) In General.—Except as provided in subsection (c), the Secretary of Defense may not—
(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
(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
(A) any covered nation; or
(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) 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.
(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:
(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.
(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.
(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—
(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—
(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
(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;
(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
(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.
(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:
(d) Definitions.—In this section:
(1) Covered material.—The term "covered material" means—
(1) Covered material.—The term "covered material" means—
(A) samarium-cobalt magnets;
(A) samarium-cobalt magnets;
(B) neodymium-iron-boron magnets;
(B) neodymium-iron-boron magnets;
(E) tantalum metals and alloys.
(2) Covered nation.—The term "covered nation" means—
(2) Covered nation.—The term "covered nation" means—
(A) the Democratic People's Republic of North Korea;
(A) the Democratic People's Republic of North Korea;
(B) the People's Republic of China;
(B) the People's Republic of China;
(C) the Russian Federation; and
(C) the Russian Federation; and
(D) the Islamic Republic of Iran.
(D) the Islamic Republic of Iran.
(3) End item.—The term "end item" has the meaning given in section 2533b(m) of this title.
(3) End item.—The term "end item" has the meaning given in section 2533b(m) of this title.