10 U.S.C. § 4875 — Prohibition on acquisition of personal protective equipment and certain other items from non-allied foreign nations
submitted 5 years ago by Pub. L. 117-81 to r/title-10-ARMED-FORCES · 295 words · no verdicts yet
This section generally bars Defense from buying specified protective, sanitation, testing, and medical items from North Korea, China, Russia, and Iran. It provides limited exceptions.
(a) Unless (c) applies, Defense may not buy a covered item from a covered nation. (b) The rule applies to prime contracts and subcontracts at every tier. (c) It does not apply when compliant materials cannot be obtained from non-covered nations when needed at a reasonable price, to items for use outside the United States, or to purchases of $150,000 or less. A purchase over $150,000 may not be divided to qualify.
(d) Covered items are disease-prevention protective equipment or clothing and their materials and components, including nitrile or vinyl gloves, surgical or respirator masks and filters, powered air-purifying respirators, face shields, protective eyewear, surgical and isolation gowns, head and foot coverings, but excluding unrelated added sensors or electronics; and sanitizing or disinfecting wipes, testing swabs, gauze, and bandages. Covered nations are North Korea, China, Russia, and Iran.
Except as provided in subsection (c), the Secretary of Defense may not procure any covered item from any covered nation.
Subsection (a) shall apply to prime contracts and subcontracts at any tier.
Subsection (a) does not apply under the following circumstances:
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 from nations other than covered nations to meet requirements at a reasonable price.
The procurement of a covered item for use outside of the United States.
Purchases for amounts not greater than $150,000.
A proposed procurement in an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception.
In this section:
The term “covered item” means an article or item of—
personal protective equipment for use in preventing spread of disease, such as by exposure to infected individuals or contamination or infection by infectious material (including nitrile and vinyl gloves, surgical masks, respirator masks and powered air purifying respirators and required filters, face shields and protective eyewear, surgical and isolation gowns, and head and foot coverings) or clothing, and the materials and components thereof, other than sensors, electronics, or other items added to and not normally associated with such personal protective equipment or clothing; or
sanitizing and disinfecting wipes, testing swabs, gauze, and bandages.
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.
Source credit: (Added Pub. L. 117–81, div. A, title VIII, § 802(a)(1), Dec. 27, 2021, 135 Stat. 1812, § 2533e; renumbered § 4875, Pub. L. 117–81, div. A, title VIII, § 802(b)(1), Dec. 27, 2021, 135 Stat. 1813.)
- 2021Enacted · Pub. L. 117-81 · 135 Stat. 1812
- 2021Amended · Pub. L. 117-81 · 135 Stat. 1813
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-81 on 2021-12-27.
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