§ 3901. Contracts: prohibition on competition between Department of Defense and small businesses

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1993

   An Act making appropriations for the Treasury and Post Office Departments for the fiscal year ending June 30, 1934, and for other purposes

   Pub. L. 103–160 div. A title VIII § 848(a)(1) · 107 Stat. 1547

   Enacted · 10 U.S.C. § 3901

   Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a

   Source evidence

   Code source credit
   Added Pub. L. 103–160, div. A, title VIII, § 848(a)(1), Nov. 30, 1993, 107 Stat. 1724, § 2304a

   Enacted provision · exact public law section
   (1) Chapter 137 of title 10, United States Code, is amended by inserting after section 2304 the following new section: “§ 2304a. Contracts: prohibition on competition between Department of Defense and small businesses and certain other entities “(a) Exclusion. — In any case in which the Secretary of Defense plans to use competitive procedures for a procurement, if the procurement is to be conducted as described in subsection (b), then the Secretary shall exclude the Department of Defense from competing in the procurement. “(b) Procurement Description.— The requirement to exclude the Department of Defense under subsection (a) applies in the case of a procurement to be conducted by excluding from competition entities in the private sector other than— “(1) small business concerns in furtherance of section 8 or 15 of the Small Business Act (15 U.S.C. 637 or 644); or “(2) entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.”.

2. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. D title XLIII § 4321(b)(6)(A) · 110 Stat. 186

   Changed · 10 U.S.C. § 3901

   Pub. L. 104–106 renumbered section 2304a of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 104–106 renumbered section 2304a of this title as this section.

   Enacted provision · exact public law section
   (A) The section 2304a added by section 848(a)(1) of Public Law 103–160 (107 Stat. 1724) is redesignated as section 2304e.

3. 2018

   John S. McCain National Defense Authorization Act for Fiscal Year 2019

   Pub. L. 115–232 div. A title VIII § 812(a)(2)(C)(vi) · 132 Stat. 1636

   1. Substituted · 10 U.S.C. § 3901(b)

      Pub. L. 115–232 substituted “other than” for “other than—”

   2. Struck · 10 U.S.C. § 3901(b)

      Pub. L. 115–232 struck out par. (1) designation before “small business”

   3. Struck · 10 U.S.C. § 3901(b)

      Pub. L. 115–232 struck out par. (2) which read as follows: “entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 115–232 substituted “other than” for “other than—”, struck out par. (1) designation before “small business”, and struck out par. (2) which read as follows: “entities described in subsection (a)(1) of section 2323 of this title in furtherance of the goal specified in that subsection.”

   Enacted provision · exact public law section
   (vi) Section 2304e(b) of title 10, United States Code, is amended— (I) by striking “other than—” and all that follows through “small” and inserting “other than small”; (II) by striking “; or” and inserting a period; and (III) by striking paragraph (2).

4. 2021

   William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

   Pub. L. 116–283 § 1838(b) · 134 Stat. 3388

   Amended · 10 U.S.C. § 3901

   Pub. L. 116–283, § 1838(b), as amended by Pub. L. 117–81, § 1701(v)(2)(A), renumbered section 2304e of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 116–283, § 1838(b), as amended by Pub. L. 117–81, § 1701(v)(2)(A), renumbered section 2304e of this title as this section.

   Enacted provision · exact public law section
   (b) Transfer of Sections.— Section 2304e, 2323a, 2410d, 2362, and 2410n of such title are transferred to chapter 285 of such title, as added by subsection (a), inserted (in that order) after the table of sections, and redesignated as section 3901, 3902, 3903, 3904, and 3905, respectively.

   Effective date note
   Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

6 of 6 references resolved to an enrolled provision