§ 4861. Determinations of public interest under chapter 83 of title 41

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. 1988

   Pub. L. 100–370 § 3(a)(1) · 102 Stat. 840

   Enacted · 10 U.S.C. § 4861

   Added Pub. L. 100–370, § 3(a)(1), July 19, 1988, 102 Stat. 855, § 2501

   Source evidence

   Code source credit
   Added Pub. L. 100–370, § 3(a)(1), July 19, 1988, 102 Stat. 855, § 2501

   Enacted provision · exact public law section
   (1) Part IV of subtitle A of title 10, United States Code, is amended by inserting after chapter 147 the following new chapter: “CHAPTER 148— BUY AMERICAN REQUIREMENTS “Sec. “2501. Limitation on use of funds: procurement of goods which are other than American goods. “2502. Miscellaneous procurement limitations. “§ 2501. Limitation on use of funds: procurement of goods which are other than American goods “(a) Funds appropriated to the Department of Defense may not be obligated under a contract for procurement of goods which are other than American goods (as defined in subsection (c)) unless adequate consideration is given to the following: “(1) The bids or proposals of firms located in labor surplus areas in the United States (as designated by the Department of Labor) which have offered to furnish American goods. “(2) The bids or proposals of small business firms in the United States which have offered to furnish American goods. “(3) The bids or proposals of all other firms in the United States which have offered to furnish American goods. “(4) The United States balance of payments. “(5) The cost of shipping goods which are other than American goods. “(6) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods. “(b) Consideration of the matters referred to in paragraphs (1) through (6) of subsection (a) shall be given under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933 (41 U.S.C. 10a, 10b), popularly known as the ‘Buy American Act’. “(c) In this section, the term ‘goods which are other than American goods’ means— “(1) an end product that is not mined, produced, or manufactured in the United States; or “(2) an end product that is manufactured in the United States but which includes components mined, produced, or manufactured outside the United States the aggregate cost of which exceeds the aggregate cost of the components of such end product that are mined, produced, or manufactured in the United States.”.

2. 1992

   Defense Conversion, Reinvestment, and Transition Assistance Act of 1992

   Pub. L. 102–484 div. D title XLII § 4202(a) · 106 Stat. 2315

   Changed · 10 U.S.C. § 4861

   Pub. L. 102–484 renumbered section 2506 of this title as section 2533

   Source evidence

   Code amendment note
   Pub. L. 102–484 renumbered section 2506 of this title as section 2533.

   Enacted provision · exact public law section
   (a) Repeal and Redesignation of Existing Provisions.— Chapter 148 (other than sections 2504 through 2507), chapter 149 (other than sections 2517 and 2518), and chapter 150 (other than sections 2524, 2525, and 2526) of title 10, United States Code, are repealed. Sections 2504, 2505, 2506, and 2507 of such title are redesignated as sections 2531, 2532, 2533, and 2534, respectively.

3. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 812(b)(1) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 4861

   Pub. L. 103–337, § 812(b)(1), substituted “Determinations of public interest under the Buy American Act” for “Limitation on use of funds: procurement of goods which are other than American goods” as section catchline

   Source evidence

   Code amendment note
   Pub. L. 103–337, § 812(b)(1), substituted “Determinations of public interest under the Buy American Act” for “Limitation on use of funds: procurement of goods which are other than American goods” as section catchline.

   Enacted provision · exact public law section
   (1) The heading of section 2533 of such title is amended to read as follows: “§2533. Determinations of public interest under the Buy American Act”.

4. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 812(a)(1) · 108 Stat. 2663

   1. Added · 10 U.S.C. § 4861(a)

      Pub. L. 103–337, § 812(a)(1), added subsec. (a)

   2. Struck · 10 U.S.C. § 4861(a)

      Pub. L. 103–337, § 812(a)(1), struck out former subsec. (a) which read as follows: “Funds appropriated to the Department of Defense may not be obligated under a contract for procurement of goods which are other than American goods (as defined in subsection (c)) unless adequate consideration is given to the following:

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–337, § 812(a)(1), added subsec. (a) and struck out former subsec. (a) which read as follows: “Funds appropriated to the Department of Defense may not be obligated under a contract for procurement of goods which are other than American goods (as defined in subsection (c)) unless adequate consideration is given to the following:

   “(1) The bids or proposals of firms located in labor surplus areas in the United States (as designated by the Department of Labor) which have offered to furnish American goods. “(2) The bids or proposals of small business firms in the United States which have offered to furnish American goods. “(3) The bids or proposals of all other firms in the United States which have offered to furnish American goods. “(4) The United States balance of payments. “(5) The cost of shipping goods which are other than American goods. “(6) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods.”

   Enacted provision · exact public law section
   (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act is inconsistent with the public interest, the Secretary of Defense shall consider the following: “(1) The bias or proposals of small business firms in the United States which have offered to furnish American goods. “(2) The bids or proposals of all other firms in the United States which have offered to furnish American goods. “(3) The United States balance of payments. “(4) The cost of shipping goods which are other than American goods. “(5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods. “(6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology. “(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base. “(8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States. “(9) Any need— “(A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or “(B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base. “(10) The national security interests of the United States.”; and

5. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 812(a) · 108 Stat. 2663

   1. Redesignated · 10 U.S.C. § 4861(b); 10 U.S.C. § 4861(c)

      Pub. L. 103–337, § 812(a), redesignated subsec. (c) as (b)

   2. Struck · 10 U.S.C. § 4861(b); 10 U.S.C. § 4861(c)

      Pub. L. 103–337, § 812(a), struck out former subsec. (b) which read as follows: “Consideration of the matters referred to in paragraphs (1) through (6) of subsection (a) shall be given under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933 (41 U.S.C. 10a, 10b), popularly known as the ‘Buy American Act’.”

   Source evidence

   Code amendment note
   Subsecs. (b), (c). Pub. L. 103–337, § 812(a), redesignated subsec. (c) as (b) and struck out former subsec. (b) which read as follows: “Consideration of the matters referred to in paragraphs (1) through (6) of subsection (a) shall be given under regulations of the Secretary of Defense and subject to the determinations and exceptions contained in title III of the Act of March 3, 1933 (41 U.S.C. 10a, 10b), popularly known as the ‘Buy American Act’.”

   Enacted provision · exact public law section
   (a) Considerations.— Section 2533 of title 10, United States Code, is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act is inconsistent with the public interest, the Secretary of Defense shall consider the following: “(1) The bias or proposals of small business firms in the United States which have offered to furnish American goods. “(2) The bids or proposals of all other firms in the United States which have offered to furnish American goods. “(3) The United States balance of payments. “(4) The cost of shipping goods which are other than American goods. “(5) Any duty, tariff, or surcharge which may enter into the cost of using goods which are other than American goods. “(6) A need to ensure that the Department of Defense has access to advanced, state-of-the-art commercial technology. “(7) The need to protect the national technology and industrial base, to preserve and enhance the national technology employment base, and to provide for a defense mobilization base. “(8) A need to ensure that application of different rules of origin for United States end items and foreign end items does not result in an award to a firm other than a firm providing a product produced in the United States. “(9) Any need— “(A) to maintain the same source of supply for spare and replacement parts for an end item that qualifies as an American good; or “(B) to maintain the same source of supply for spare and replacement parts in order not to impair integration of the military and commercial industrial base. “(10) The national security interests of the United States.”; and (2) by redesignating subsection (c) as subsection (b).

6. 1996

   National Defense Authorization Act for Fiscal Year 1996

   Pub. L. 104–106 div. D title XLIII § 4321(b)(20) · 110 Stat. 186

   Substituted · 10 U.S.C. § 4861(a)

   Pub. L. 104–106 substituted “the Buy American Act (41 U.S.C. 10a)) whether application of such Act” for “title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–106 substituted “the Buy American Act (41 U.S.C. 10a)) whether application of such Act” for “title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy American Act’, whether application of title III of such Act”.

   Enacted provision · exact public law section
   (20) Section 2533(a) is amended by striking out “title III of the Act” and all that follows through “such Act” and inserting in lieu thereof “the Buy American Act (41 U.S.C. 10a)) whether application of such Act”.

7. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 div. A title X § 1073(a)(54) · 111 Stat. 1629

   Substituted · 10 U.S.C. § 4861(a)

   Pub. L. 105–85 substituted “(41 U.S.C. 10a)” for “(41 U.S.C. 10a))”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 105–85 substituted “(41 U.S.C. 10a)” for “(41 U.S.C. 10a))”.

   Enacted provision · exact public law section
   (54) Section 2533(a) is amended by striking out the first closing parenthesis after “41 U.S.C. 10a”.

8. 2011

   Pub. L. 111–350 § 5(b)(37)(A) · 124 Stat. 3677

   Substituted · 10 U.S.C. § 4861

   Pub. L. 111–350, § 5(b)(37)(A), substituted “chapter 83 of title 41” for “the Buy American Act” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 111–350, § 5(b)(37)(A), substituted “chapter 83 of title 41” for “the Buy American Act” in section catchline.

   Enacted provision · exact public law section
   (A) in the section catchline, strike “the Buy American Act” and substitute “chapter 83 of title 41”; and

9. 2011

   Pub. L. 111–350 § 5(b)(37)(B) · 124 Stat. 3677

   Substituted · 10 U.S.C. § 4861(a)

   Pub. L. 111–350, § 5(b)(37)(B), substituted “section 8302 of title 41” for “section 2 of the Buy American Act (41 U.S.C. 10a)” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 111–350, § 5(b)(37)(B), substituted “section 8302 of title 41” for “section 2 of the Buy American Act (41 U.S.C. 10a)” in introductory provisions.

   Enacted provision · exact public law section
   (B) in subsection (a), strike “section 2 of the Buy American Act (41 U.S.C. 10a)” and substitute “section 8302 of title 41”.

10. 2014

    Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015

    Pub. L. 113–291 div. A title X § 1071(a)(9) · 128 Stat. 3292

    Substituted · 10 U.S.C. § 4861(a)

    Pub. L. 113–291 substituted “chapter 83 of such title” for “such Act” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 113–291 substituted “chapter 83 of such title” for “such Act” in introductory provisions.

    Enacted provision · exact public law section
    (9) Section 2533(a) is amended by striking “such Act” in the matter preceding paragraph (1) and inserting “chapter 83 of such title”.

11. 2021

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

    Pub. L. 116–283 div. A title XVIII § 1870(c)(2) · 134 Stat. 3388

    Changed · 10 U.S.C. § 4861

    Pub. L. 116–283 renumbered section 2533 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 116–283 renumbered section 2533 of this title as this section.

    Enacted provision · exact public law section
    (2) Transfer and redesignation of sections 2533, 2533a, 2533b, and 2534.— Sections 2533, 2533a, 2533b, and 2534 of title 10, United States Code, are transferred to chapter 385 of such title, as added by subsection (a), inserted (in that order) after the table of sections at the beginning of subchapter II, and redesignated as sections 4861, 4862, 4863, and 4864, respectively.

    Effective date note
    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.

13 of 13 references resolved to an enrolled provision