US Code

Public Law 119-73 (01/23/2026)

10 U.S.C. § 3252

Requirements for information relating to supply chain risk

(a)

Authority .—

Subject to subsection (b), the head of a covered agency may—
(1)
carry out a covered procurement action; and
(2)
limit, notwithstanding any other provision of law, in whole or in part, the disclosure of information relating to the basis for carrying out a covered procurement action.
(b)

Determination and Notification .—

The head of a covered agency may exercise the authority provided in subsection (a) only after—
(1)
consulting with procurement or other relevant officials of the covered agency;
(2)
making a determination in writing, in unclassified or classified form, that—
(A)
use of the authority in subsection (a)(1) is necessary to protect national security by reducing supply chain risk;
(B)
less intrusive measures are not reasonably available to reduce such supply chain risk; and
(C)
in a case where the head of the covered agency plans to limit disclosure of information under subsection (a)(2), the risk to national security due to the disclosure of such information outweighs the risk due to not disclosing such information; and
(3)
providing a classified or unclassified notice of the determination made under paragraph (2) to the appropriate congressional committees, which notice shall include—
(A)
a summary of the risk assessment that serves as the basis for the written determination required by paragraph (2); and
(B)
a summary of the basis for the determination, including a discussion of less intrusive measures that were considered and why they were not reasonably available to reduce supply chain risk.
(c)

Limitation on Disclosure .—

If the head of a covered agency has exercised the authority provided in subsection (a)(2) to limit disclosure of information—
(1)
no action undertaken by the agency head under such authority shall be subject to review in a bid protest before the Government Accountability Office or in any Federal court; and
(2)
the agency head shall—
(A)
notify appropriate parties of a covered procurement action and the basis for such action only to the extent necessary to effectuate the covered procurement action;
(B)
notify other Department of Defense components or other Federal agencies responsible for procurements that may be subject to the same or similar supply chain risk, in a manner and to the extent consistent with the requirements of national security; and
(C)
ensure the confidentiality of any such notifications.
(d)

Definitions .—

In this section:
(1)

Head of a covered agency .—

The term “head of a covered agency” means each of the following:
(A)
The Secretary of Defense.
(B)
The Secretary of the Army.
(C)
The Secretary of the Navy.
(D)
The Secretary of the Air Force.
(2)

Covered procurement action .—

The term “covered procurement action” means any of the following actions, if the action takes place in the course of conducting a covered procurement:
(A)
section 3243 of this title The exclusion of a source that fails to meet qualification standards established in accordance with the requirements of for the purpose of reducing supply chain risk in the acquisition of covered systems.
(B)
The exclusion of a source that fails to achieve an acceptable rating with regard to an evaluation factor providing for the consideration of supply chain risk in the evaluation of proposals for the award of a contract or the issuance of a task or delivery order.
(C)
The decision to withhold consent for a contractor to subcontract with a particular source or to direct a contractor for a covered system to exclude a particular source from consideration for a subcontract under the contract.
(3)

Covered procurement .—

The term “covered procurement” means—
(A)
section 3206(a)(3)(B) of this titlesection 3206(b)(1) of this title a source selection for a covered system or a covered item of supply involving either a performance specification, as provided in , or an evaluation factor, as provided in , relating to supply chain risk;
(B)
section 3406(d)(3) of this title the consideration of proposals for and issuance of a task or delivery order for a covered system or a covered item of supply, as provided in , where the task or delivery order contract concerned includes a contract clause establishing a requirement relating to supply chain risk; or
(C)
any contract action involving a contract for a covered system or a covered item of supply where such contract includes a clause establishing requirements relating to supply chain risk.
(4)

Supply chain risk .—

The term “supply chain risk” means the risk that an adversary may sabotage, maliciously introduce unwanted function, or otherwise subvert the design, integrity, manufacturing, production, distribution, installation, operation, or maintenance of a covered system so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of such system.
(5)

Covered system .—

section 3552(b)(6) of title 44The term “covered system” means a national security system, as that term is defined in .
(6)

Covered item of supply .—

section 11101 of title 40The term “covered item of supply” means an item of information technology (as that term is defined in ) that is purchased for inclusion in a covered system, and the loss of integrity of which could result in a supply chain risk for a covered system.
(7)

Appropriate congressional committees .—

The term “appropriate congressional committees” means—
(A)
in the case of a covered system included in the National Intelligence Program or the Military Intelligence Program, the Select Committee on Intelligence of the Senate, the Permanent Select Committee on Intelligence of the House of Representatives, and the congressional defense committees; and
(B)
in the case of a covered system not otherwise included in subparagraph (A), the congressional defense committees.

Pub. L. 115–232, div. A, title VIII, § 881(a)(1)132 Stat. 1910Pub. L. 116–92, div. A, title XVII, § 1731(a)(43)133 Stat. 1814Pub. L. 116–283, div. A, title X, § 1081(a)(36)134 Stat. 3872Pub. L. 118–159, div. A, title VIII, § 841138 Stat. 1990(Added , , , § 2339a; amended , , ; renumbered § 3252 and amended , title XVIII, § 1813(g), , , 4181; , , .)

Editorial Notes

Prior Provisions

Pub. L. 110–181, div. A, title VI, § 671(a)(1)122 Stat. 181Pub. L. 110–417122 Stat. 4485Pub. L. 111–84, div. A, title VI, § 616(2)123 Stat. 2354Pub. L. 111–383, div. A, title VI, § 616(2)124 Stat. 4238Pub. L. 114–92, div. A, title VI, § 618(a)129 Stat. 840A prior section 3252, added , , ; amended , [div. A], title VI, § 615(b), , ; , , ; , , , related to bonus to encourage Army personnel to refer persons for enlistment in the Army, prior to repeal by , , .

act Aug. 10, 1956, ch. 104170A Stat. 177Pub. L. 90–235, § 2(a)(2)(B)81 Stat. 756Another prior section 3252, , , provided that temporary enlistments could be made only in the Army without specification of component, prior to repeal by , , .

Aug. 10, 1956, ch. 104170A Stat. 177Pub. L. 87–143, § 1(1)75 Stat. 364Pub. L. 90–235, § 2(a)(2)(A)81 Stat. 756Pub. L. 96–513, title V, § 512(3)94 Stat. 2929Pub. L. 109–163, div. A, title V, § 542(b)(1)119 Stat. 3253A prior section 3253, acts , ; , , ; , , ; , , , provided that, in peace time, Army enlistment was available only to citizens and persons lawfully admitted to the United States for permanent residence, prior to repeal by , , .

Pub. L. 90–235, § 2(a)(2)(B)81 Stat. 756Prior sections 3254 to 3256 were repealed by , , .

act Aug. 10, 1956, ch. 104170A Stat. 178Section 3254, , , provided for temporary enlistments in the Army during war or emergency.

act Aug. 10, 1956, ch. 104170A Stat. 178Section 3255, , , provided for recruiting campaigns to obtain enlistments in the Regular Army.

act Aug. 10, 1956, ch. 104170A Stat. 178Section 3256, , , set forth qualifications for and term of enlistments in the Regular Army and the grade in which such enlistments were made.

section 7138 of this titleA prior section 3258 was renumbered .

Pub. L. 103–337, div. A, title XVI108 Stat. 2990Prior sections 3259 to 3261 were repealed by , §§ 1662(b)(3), 1691, , , 3026, effective .

Aug. 10, 1956, ch. 104170A Stat. 179Pub. L. 100–456, div. A, title XII, § 1234(a)(1)102 Stat. 2059section 12105 of this titleSection 3259, acts , ; , , , related to transfers in grade of enlisted members of Army National Guard of United States to Army Reserve. See .

act Aug. 10, 1956, ch. 104170A Stat. 179section 12106 of this titleSection 3260, , , provided that enlisted members of Army National Guard of United States are transferred to Army Reserve upon withdrawal as members of Army National Guard. See .

Aug. 10, 1956, ch. 104170A Stat. 179Pub. L. 85–861, § 33(a)(20)72 Stat. 1565Pub. L. 87–378, § 375 Stat. 808section 12107 of this titleSection 3261, acts , ; , , ; , , , related to enlistment in Army National Guard of United States. See .

section 7142 of this titleA prior section 3262 was renumbered .

Aug. 10, 1956, ch. 104170A Stat. 180Pub. L. 85–861, § 1(71)72 Stat. 1464Pub. L. 90–235, § 2(a)(2)(B)81 Stat. 756Another prior section 3262, acts , ; , , , provided for extension of enlistment of members of the Army needing medical care or hospitalization, prior to repeal by , , .

Pub. L. 85–861, § 1(71)(B)72 Stat. 1465Pub. L. 87–649, § 14c(4)76 Stat. 501Pub. L. 90–235, § 2(a)(2)(B)81 Stat. 756A prior section 3263, , , ; , , , provided for voluntary extension of enlistments in the Army, prior to repeal by , , .

Pub. L. 107–107, div. A, title V, § 541(a)(1)115 Stat. 1109Pub. L. 107–314, div. A, title V, § 531(c)116 Stat. 2544A prior section 3264, added , , , related to an 18-month enlistment pilot program to increase participation of prior service persons in Selected Reserve and to provide assistance in building pool of participants in Individual Ready Reserve, prior to repeal by , , .

Prior sections 3281 to 3283 were renumbered sections 7151 to 7153 of this title, respectively.

Pub. L. 96–513, title II, § 20494 Stat. 2880Prior sections 3284 to 3300 were repealed by , title VII, § 701, , , 2955, effective .

act Aug. 10, 1956, ch. 104170A Stat. 181section 531 of this titleSection 3284, , , provided that appointments in commissioned grades in Regular Army be made by President, by and with the advice and consent of Senate. See .

Aug. 10, 1956, ch. 104170A Stat. 181Pub. L. 85–861, § 1(72)72 Stat. 1465section 532 of this titleSection 3285, acts , ; , , , prescribed eligibility requirements for original appointment in a commissioned grade in Regular Army, except in Medical Corps or Dental Corps and except a graduating cadet. See .

Aug. 10, 1956, ch. 104170A Stat. 181Pub. L. 85–861, § 1(73)72 Stat. 1465section 532 of this titleSection 3286, acts , ; , , , prescribed age limitations for original appointment in a commissioned grade in Regular Army, except in Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps. See .

Aug. 10, 1956, ch. 104170A Stat. 182Pub. L. 85–861, § 1(74)72 Stat. 1466section 533 of this titleSection 3287, acts , ; , , , provided service credit, in the discretion of the Secretary of the Army, for a person originally appointed in a commissioned grade in the Regular Army, except the Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps, for the purpose of determining grade, position on a promotion list, seniority in his grade in the Regular Army, and eligibility for promotion, with appointment and service credit restrictions on persons who were cadets at the United States Military, Naval, or Air Force Academies but were not graduated, and a disallowance of service credits under this section for persons who graduated from one of these Academies. See .

Aug. 10, 1956, ch. 104170A Stat. 183Pub. L. 85–155, title I, § 101(7)71 Stat. 376Pub. L. 85–861, § 1(75)72 Stat. 1466section 533 of this titleSection 3288, acts , ; , , ; , , , provided for determination of grade of a person originally appointed as a commissioned officer in Regular Army, except in Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps. See .

act Aug. 10, 1956, ch. 104170A Stat. 183section 532 of this titleSection 3289, , , provided that no person be originally appointed as a first lieutenant in Regular Army in Medical Corps until he passes an examination of his professional fitness before an examining board composed of at least three officers of Medical Corps designated by Secretary of the Army. See .

act Aug. 10, 1956, ch. 104170A Stat. 183section 532 of this titleSection 3290, , , provided that an original appointment in Regular Army in Medical Service Corps be made only in grade of second lieutenant and from members of Regular Army, reserves not in an inactive status, or graduates of an accredited school of pharmacy or optometry, or of a school or college who hold a degree in a science allied to medicine or any other degree approved by Surgeon General. See .

Aug. 10, 1956, ch. 104170A Stat. 183Pub. L. 85–155, title I, § 101(8)71 Stat. 376Pub. L. 89–609, § 1(4)80 Stat. 852section 532 of this titleSection 3291, acts , ; , , ; , , , prescribed eligibility requirements for an original appointment in Regular Army in Army Nurse Corps or Army Medical Specialist Corps in grade of second lieutenant, first lieutenant, and captain and provided for determination of years of service creditable for promotion. See .

act Aug. 10, 1956, ch. 104170A Stat. 184section 532 of this titleSection 3292, , , provided that original appointments in commissioned grades in Regular Army in Judge Advocate General’s Corps be made from officers of Regular Army in other branches, reserve commissioned officers assigned to Judge Advocate General’s Corps, or qualified civilian graduates of accredited law schools. See .

act Aug. 10, 1956, ch. 104170A Stat. 184section 532 of this titleSection 3293, , , provided that no person in civil life be originally appointed as a chaplain in Regular Army unless he has passed an examination prescribed by President as to his morale, mental, and physical qualifications. See .

Aug. 10, 1956, ch. 104170A Stat. 184Pub. L. 85–861, § 1(77)72 Stat. 1467section 532 of this titleSection 3294, acts , ; , , , provided that original appointments in Regular Army be made in grades of first lieutenant through colonel in Medical Corps or Dental Corps as the Army requires, from qualified doctors of medicine, osteopathy, or dentistry who are citizens of the United States and have such other qualifications as the Secretary of the Army prescribes, with specific additional eligibility requirements for a doctor of osteopathy, and that officers so appointed receive service credit for determining grade, position on a promotion list, seniority in grade in Regular Army, and eligibility for promotion. See .

Aug. 10, 1956, ch. 104170A Stat. 184Pub. L. 85–861, § 1(78)72 Stat. 1467section 624 of this titleSection 3295, acts , ; , , , provided for determination of the place on a promotion list of name of each person who is originally appointed in a commissioned grade in Regular Army and whose name is to be carried on a promotion list, other than persons appointed in Medical Corps, Dental Corps, Army Nurse Corps, or Army Medical Specialist Corps. See .

Aug. 10, 1956, ch. 104170A Stat. 184Pub. L. 85–155, title I, § 101(10)71 Stat. 377Pub. L. 85–600, § 1(5)72 Stat. 522Pub. L. 90–32982 Stat. 170Pub. L. 95–485, title VIII, § 820(d)(2)92 Stat. 1627Pub. L. 95–551, § 292 Stat. 2069section 624 of this titleSection 3296, acts , ; , , ; , , ; , , ; , , ; , , , provided for promotion lists in Regular Army for all commissioned officers in grades below brigadier general on active list, with exceptions, which officers are known as “promotion-list officers”, a separate list for Chaplains and each of the several branches of Army Medical Department, and determination of place on list upon transfer or promotion. See .

Aug. 10, 1956, ch. 104170A Stat. 185Pub. L. 85–155, title I, § 101(11)71 Stat. 377Pub. L. 86–616, § 1(1)74 Stat. 386Pub. L. 95–485, title VIII, § 820(d)(3)92 Stat. 1627Section 3297, acts , ; , , ; , , ; , , , provided for selection boards to recommend promotion-list officers and brigadier generals of Regular Army for promotion in Regular Army. See section 611 et seq. of this title.

Aug. 10, 1956, ch. 104170A Stat. 185Pub. L. 85–155, title I, § 101(12)71 Stat. 377Pub. L. 90–130, § 1(10)(A)81 Stat. 375section 3814 of this titlesection 630 of this titleSection 3298, acts , ; , , ; , , , provided for promotion from grade of second lieutenant to first lieutenant after 3 years of service, discharge under upon failure of promotion, and filling vacancies for first lieutenants with second lieutenants prior to completion of 3 years of service. See .

Aug. 10, 1956, ch. 104170A Stat. 186Pub. L. 85–155, title I, § 101(13)71 Stat. 377Pub. L. 85–861, § 33(a)(21)72 Stat. 1565Pub. L. 90–130, § 1(10)(B)81 Stat. 375section 3303 of this titleSection 3299, acts , ; , , ; , , ; , , , provided that promotion-list officers be promoted to regular grades of captain, major, and lieutenant colonel, after specified length of service or without regard to length of service in view of actual or anticipated vacancies if Secretary of the Army so directs, or be eliminated from active list under and a promotion-list officer who has twice been considered and not recommended for promotion to any one regular grade not be again considered for promotion under this section. See sections 631 and 632 of this title.

Aug. 10, 1956, ch. 104170A Stat. 186Pub. L. 86–616, § 1(2)74 Stat. 386section 3299 of this titleSection 3300, acts , ; , , , provided for selection board procedure when promotion-list officers in regular grade of first lieutenant, captain, or major are to be considered for promotion under . See section 611 et seq. of this title.

Amendments

Pub. L. 118–159, § 841(1)(A)2024—Subsec. (b)(1). , amended par. (1) generally. Prior to amendment, par. (1) read as follows: “obtaining a joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, on the basis of a risk assessment by the Under Secretary of Defense for Intelligence and Security, that there is a significant supply chain risk to a covered system;”.

Pub. L. 118–159, § 841(1)(B)Subsec. (b)(2). , struck out “with the concurrence of the Under Secretary of Defense for Acquisition and Sustainment,” after “in unclassified or classified form,” in introductory provisions.

Pub. L. 118–159, § 841(1)(C)(i)section 3204(e)(2) of this titleSubsec. (b)(3)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “the information required by ;”.

Pub. L. 118–159, § 841(1)(C)(ii)Subsec. (b)(3)(B) to (D). , (iii), redesignated subpar. (D) as (B) and struck out former subpars. (B) and (C) which read as follows:

“(B) the joint recommendation by the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense as specified in paragraph (1);

“(C) a summary of the risk assessment by the Under Secretary of Defense for Intelligence that serves as the basis for the joint recommendation specified in paragraph (1); and”.

Pub. L. 118–159, § 841(2)Subsecs. (c) to (e). , (3), redesignated subsecs. (d) and (e) as (c) and (d), respectively, and struck out former subsec. (c). Prior to amendment, text of subsec. (c) read as follows: “The head of a covered agency may not delegate the authority provided in subsection (a) or the responsibility to make a determination under subsection (b) to an official below the level of the service acquisition executive for the agency concerned.”

Pub. L. 116–283, § 1813(g)section 2339a of this title2021—, renumbered as this section.

Pub. L. 116–283, § 1081(a)(36)Subsec. (b)(1). , inserted “and Security” after “for Intelligence”.

Pub. L. 116–283, § 1813(g)(1)Subsec. (b)(3)(A). , substituted “section 3204(e)(2)” for “section 2304(f)(3)”.

Pub. L. 116–283, § 1813(g)(2)Subsec. (e)(2)(A). , substituted “section 3243” for “section 2319”.

Pub. L. 116–283, § 1813(g)(3)(A)Subsec. (e)(3)(A). , substituted “section 3206(a)(3)(B)” for “section 2305(a)(1)(C)(ii)” and “section 3206(b)(1)” for “section 2305(a)(2)(A)”.

Pub. L. 116–283, § 1813(g)(3)(B)Subsec. (e)(3)(B). , substituted “section 3406(d)(3)” for “section 2304c(d)(3)”.

Pub. L. 116–922019—Subsec. (e)(5). substituted “section 3552(b)(6)” for “section 3542(b)”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

section 1813(g) of Pub. L. 116–283section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .