US Code

Public Law 119-83 (04/13/2026)

10 U.S.C. § 3902

Credit for Indian contracting in meeting certain subcontracting goals for small disadvantaged businesses

(a)

Regulations .—

15 U.S.C. 637(d)Subject to subsections (b) and (c), in any case in which a subcontracting goal is specified in a Department of Defense contract in the implementation of section 8(d) of the Small Business Act (), credit toward meeting that subcontracting goal shall be given for—
(1)
work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if such work is performed on any Indian lands and meets the requirements of paragraph (1) of subsection (b); or
(2)
work performed in connection with that Department of Defense contract, and work performed in connection with any subcontract awarded under that Department of Defense contract, if the performance of such contract or subcontract is undertaken as a joint venture that meets the requirements of paragraph (2) of that subsection.
(b)

Eligible Work .—

(1)
Work performed on Indian lands meets the requirements of this paragraph if—
(A)
not less than 40 percent of the workers directly engaged in the performance of the work are Indians; or
(B)
the contractor or subcontractor has an agreement with the tribal government having jurisdiction over such Indian lands that provides goals for training and development of the Indian workforce and Indian management.
(2)
A joint venture undertaking to perform a contract or subcontract meets the requirements of this paragraph if—
(A)
an Indian tribe or tribally owned corporation owns at least 50 percent of the joint venture;
(B)
the activities of the joint venture under the contract or subcontract provide employment opportunities for Indians either directly or through the purchase of products or services for the performance of such contract or subcontract; and
(C)
the Indian tribe or tribally owned corporation manages the performance of such contract or subcontract.
(c)

Extent of Credit .—

The amount of the credit given toward the attainment of any subcontracting goal under subsection (a) shall be—
(1)
in the case of work performed as described in subsection (a)(1), the value of the work performed; and
(2)
in the case of a contract or subcontract undertaken to be performed by a joint venture as described in subsection (a)(2), an amount equal to the amount of the contract or subcontract multiplied by the percentage of the tribe’s or tribally owned corporation’s ownership interest in the joint venture.
(d)

Regulations .—

The Secretary of Defense shall prescribe regulations for the implementation of this section.
(e)

Definitions .—

In this section:
(1)
25 U.S.C. 2703(4) The term “Indian lands” has the meaning given that term by section 4(4) of the Indian Gaming Regulatory Act ().
(2)
25 U.S.C. 5304(d) The term “Indian” has the meaning given that term by section 4(d) of the Indian Self-Determination and Education Assistance Act ().
(3)
25 U.S.C. 5304(e) The term “Indian tribe” has the meaning given that term by section 4(e) of the Indian Self-Determination and Education Assistance Act ().
(4)
The term “tribally owned corporation” means a corporation owned entirely by an Indian tribe.

Pub. L. 102–484, div. A, title VIII, § 801(g)(1)106 Stat. 2445 Pub. L. 104–201, div. A, title X, § 1074(a)(13)110 Stat. 2659 Pub. L. 115–232, div. A, title VIII, § 812(a)(2)(C)(vii)132 Stat. 1847 Pub. L. 116–92, div. A, title XVII, § 1731(a)(39)(B)133 Stat. 1814 Pub. L. 116–283, div. A, title XVIII, § 1838(b)134 Stat. 4242 Pub. L. 117–81, div. A, title XVII, § 1701(v)(2)(A)135 Stat. 2154 (Added , , , § 2323a; amended , , ; , , ; , , ; renumbered § 3902, , , ; , , .)

Editorial Notes

Codification

Pub. L. 102–484Pub. L. 101–189, div. A, title VIII, § 832103 Stat. 1508 Pub. L. 102–484section 2323 of this title10 U.S.C. 2301Section 832 of Pub. L. 101–189section 2301 of this titlePub. L. 102–484, div. A, title VIII, § 801(h)(5)106 Stat. 2445 Section, as added by , consists of text of , , , revised by by substituting “” for “section 1207 of the National Defense Authorization Act for Fiscal Year 1987 ( note)” in subsec. (a). , which was formerly set out as a note under , was repealed by , , .

Amendments

Pub. L. 116–283, § 1838(b)Pub. L. 117–81, § 1701(v)(2)(A)section 2323a of this title2021—, as amended by , renumbered as this section.

Pub. L. 116–92, § 1731(a)(39)(B)(i)2019—, struck out “and certain institutions of higher education” after “businesses” in section catchline.

Pub. L. 116–92, § 1731(a)(39)(B)(ii)(I)102 Stat. 2468 25 U.S.C. 2703(4)Subsec. (e)(1). , struck out “;” before “).”

Pub. L. 116–92, § 1731(a)(39)(B)(ii)(II)25 U.S.C. 5304(d)25 U.S.C. 450b(d)Subsec. (e)(2). , substituted “()” for “()”.

Pub. L. 116–92, § 1731(a)(39)(B)(ii)(III)25 U.S.C. 5304(e)25 U.S.C. 450b(e)Subsec. (e)(3). , substituted “()” for “()”.

Pub. L. 115–232section 2323 of this title2018—Subsec. (a). struck out “ and” after “implementation of”.

Pub. L. 104–201section 2323 of this title10 U.S.C. 230110 U.S.C. 23011996—Subsec. (a). , which directed amendment of subsec. (a) by substituting “” for “section 1207 of the National Defense Authorization Act for Fiscal Year 1987 ( note)”, could not be executed because the language “section 1207 of the National Defense Authorization Act for Fiscal Year 1987 ( note)” did not appear. See Codification note above.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 117–81Pub. L. 116–283section 1701(a)(2) of Pub. L. 117–81section 3001 of this titleAmendment by applicable as if included in the enactment of title XVIII of as enacted, see , set out in a note preceding and note below.

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 .