---
kind: "section"
citation: "10 U.S.C. § 6327"
title: "10"
title_heading: "Armed Forces"
number: "6327"
heading: "Enhanced procurement authority to manage supply chain risk"
release: "119-102"
url: "https://uscodex.org/usc/10/6327"
units:
  - "Subtitle A — General Military Law"
  - "Part VI — Elements of Department of Defense and Other Matters"
  - "Subpart B — Atomic Energy Defense"
  - "Chapter 608 — Administrative Matters"
  - "Subchapter I — Contracts"
---

# §6327. Enhanced procurement authority to manage supply chain risk

- (a) **Authority.—** Subject to [subsection (b)](#b), the Secretary of Energy may—
  - (1) carry out a [covered procurement action](#f-4) or [special exclusion action](#f-6); and
  - (2) notwithstanding any other provision of law, limit, in whole or in part, the disclosure of information relating to the basis for carrying out a [covered procurement action](#f-4) or [special exclusion action](#f-6).
- (b) **Requirements.—** The Secretary may exercise the authority under [subsection (a)](#a) only after—
  - (1) obtaining a risk assessment that demonstrates that there is a significant [supply chain risk](#f-7) to a [covered system](#f-5);
  - (2) making a determination in writing, in unclassified or classified form, that—
    - (A) the use of the authority under [subsection (a)](#a) is necessary to protect national security by reducing [supply chain risk](#f-7);
    - (B) less restrictive measures are not reasonably available to reduce the [supply chain risk](#f-7); and
    - (C) in a case in which the Secretary plans to limit disclosure of information under [subsection (a)(2)](#a-2), the risk to national security of the disclosure of the information outweighs the risk of not disclosing the information; and
  - (3) submitting to the [appropriate congressional committees](#f-1), not later than seven days after the date on which the Secretary makes the determination under [paragraph (2)](#b-2), a notice of such determination, in classified or unclassified form, that [includes](/usc/10/101.md?p=g-4)—
    - (A) the information required by [section 3304(e)(2)(A) of title 41](/usc/41/3304.md?p=e-2-A);
    - (B) a summary of the risk assessment required under [paragraph (1)](#b-1); and
    - (C) a summary of the basis for the determination, including a discussion of less restrictive measures that were considered and why such measures were not reasonably available to reduce [supply chain risk](#f-7).
- (c) **Notifications.—** If the Secretary has exercised the authority under [subsection (a)](#a), the Secretary shall—
  - (1) notify appropriate parties of the [covered procurement action](#f-4) or [special exclusion action](#f-6) and the basis for the action only to the extent necessary to carry out the [covered procurement action](#f-4) or [special exclusion action](#f-6);
  - (2) notify other Federal [agencies](/usc/10/4701.md?p=g-1) responsible for procurement that may be subject to the same or similar [supply chain risk](#f-7), in a manner and to the extent consistent with the requirements of national security; and
  - (3) ensure the confidentiality of any notifications under paragraph [(1)](#c-1) or [(2)](#c-2).
- (d) **Limitation of Review.—** No action taken by the Secretary under the authority under [subsection (a)](#a) shall be subject to review in any Federal [court](/usc/10/704.md?p=c-3-A).
- (e) **Delegation of Authority.—** The Secretary may delegate the authority under this section to—
  - (1) in the case of the [Administration](/usc/10/6101.md?p=1), the [Administrator](/usc/10/6101.md?p=2); and
  - (2) in the case of any other component of the [Department](/usc/10/101.md?p=a-6) of Energy, the Senior Procurement Executive of the [Department](/usc/10/101.md?p=a-6).
- (f) **Definitions.—** In this section:
  - (1) The term “appropriate congressional committees” means—
    - (A) the [congressional defense committees](/usc/10/101.md?p=a-16); and
    - (B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives.
  - (2) The term “covered item of supply” means an item—
    - (A) that is purchased for inclusion in a [covered system](#f-5); and
    - (B) the loss of integrity of which could result in a [supply chain risk](#f-7) for a [covered system](#f-5).
  - (3) The term “covered procurement” means the following:
    - (A) A source selection for a [covered system](#f-5) or a [covered item of supply](#f-2) involving either a performance specification, as described in subsection (a)(3)(B) of [section 3306 of title 41](/usc/41/3306.md), or an evaluation factor, as described in [subsection (b)(1)](/usc/10/3306.md) of such section, relating to [supply chain risk](#f-7).
    - (B) The consideration of proposals for and issuance of a task or [delivery](/usc/10/8697.md?p=d-2) order for a [covered system](#f-5) or a [covered item of supply](#f-2), as provided in [section 4106(d)(3) of title 41](/usc/41/4106.md?p=d-3), where the task or [delivery](/usc/10/8697.md?p=d-2) order contract concerned [includes](/usc/10/101.md?p=g-4) a contract clause establishing a requirement relating to [supply chain risk](#f-7).
    - (C) Any contract action involving a contract for a [covered system](#f-5) or a [covered item of supply](#f-2) if the contract [includes](/usc/10/101.md?p=g-4) a clause establishing requirements relating to [supply chain risk](#f-7).
  - (4) The term “covered procurement action” means, with respect to an action that occurs in the course of conducting a [covered procurement](#f-3), any of the following:
    - (A) The exclusion of a source that fails to meet qualification requirements established pursuant to [section 3311 of title 41](/usc/41/3311.md) for the purpose of reducing [supply chain risk](#f-7) in the acquisition of [covered systems](#f-5).
    - (B) The exclusion of a source that fails to achieve an acceptable [rating](/usc/10/101.md?p=b-9) with regard to an evaluation factor providing for the consideration of [supply chain risk](#f-7) in the evaluation of proposals for the award of a contract or the issuance of a task or [delivery](/usc/10/8697.md?p=d-2) order.
    - (C) The withholding of consent for a [contractor](/usc/10/9511.md?p=7) to subcontract with a particular source or the direction to a [contractor](/usc/10/9511.md?p=7) for a [covered system](#f-5) to exclude a particular source from consideration for a subcontract under the contract.
  - (5) The term “covered system” means the following:
    - (A) National security systems (as defined in [section 3552(b) of title 44](/usc/44/3552.md?p=b)) and components of such systems.
    - (B) Nuclear weapons and components of nuclear weapons.
    - (C) Items associated with the design, development, production, and maintenance of nuclear weapons or components of nuclear weapons.
    - (D) Items associated with the surveillance of the nuclear weapon stockpile.
    - (E) Items associated with the design and development of nonproliferation and counterproliferation programs and systems.
  - (6) The term “special exclusion action” means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the [Administration](/usc/10/6101.md?p=1) or any other component of the [Department](/usc/10/101.md?p=a-6) of Energy related to any [covered system](#f-5) to a source the Secretary determines to represent a [supply chain risk](#f-7).
  - (7) 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](/usc/10/2920.md?p=h-5), operation, or maintenance of a [covered system](#f-5) or [covered item of supply](#f-2) so as to surveil, deny, disrupt, or otherwise degrade the function, use, or operation of the system or item of supply.
- (g) **Termination.—** The authority under this section shall terminate on December 31, 2028.

## Source credit

(Added and amended Pub. L. 119–60, div. C, title XXXI, § 3111(a), (d)(2)(A), Dec. 18, 2025, 139 Stat. 1444, 1462.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 6327 was renumbered section 8327 of this title.

Provisions similar to those in this section were contained in section 2786 of Title 50, War and National Defense, prior to repeal by Pub. L. 119–60, § 3111(b)(1).

### Amendments

2025—Subsec. (f). Pub. L. 119–60, § 3111(d)(2)(A), struck out pars. (1) to (7) headings which corresponded to the defined term in each par.