
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2533]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
    SUBCHAPTER V--MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
 
Sec. 2533. Determinations of public interest under the Buy 
        American Act
        
    (a) In determining under section 2 of the Buy American Act (41 
U.S.C. 10a) whether application of such Act is inconsistent with the 
public interest, the Secretary of Defense shall consider the following:
        (1) The bids 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.

    (b) 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.

(Added Pub. L. 100-370, Sec. 3(a)(1), July 19, 1988, 102 Stat. 855, 
Sec. 2501; renumbered Sec. 2506, Pub. L. 100-456, div. A, title VIII, 
Sec. 821(b)(1)(A), Sept. 29, 1988, 102 Stat. 2014; renumbered Sec. 2533, 
Pub. L. 102-484, div. D, title XLII, Sec. 4202(a), Oct. 23, 1992, 106 
Stat. 2659; amended Pub. L. 103-337, div. A, title VIII, Sec. 812(a), 
(b)(1), Oct. 5, 1994, 108 Stat. 2815, 2816; Pub. L. 104-106, div. D, 
title XLIII, Sec. 4321(b)(20), Feb. 10, 1996, 110 Stat. 673; Pub. L. 
105-85, div. A, title X, Sec. 1073(a)(54), Nov. 18, 1997, 111 Stat. 
1903.)


                      Historical and Revision Notes

    Section is based on Pub. L. 93-365, title VII, Sec. 707, Aug. 5, 
1974, 88 Stat. 406.

                       References in Text

    The Buy American Act, referred to in subsec. (a), is title III of 
act Mar. 3, 1933, ch. 212, 47 Stat. 1520, as amended, which is 
classified generally to sections 10a, 10b, and 10c of Title 41, Public 
Contracts. For complete classification of this Act to the Code, see 
Short Title note set out under section 10a of Title 41 and Tables.


                               Amendments

    1997--Subsec. (a). Pub. L. 105-85 substituted ``(41 U.S.C. 10a)'' 
for ``(41 U.S.C. 10a))''.
    1996--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''.
    1994--Pub. L. 103-337, Sec. 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.
    Subsec. (a). Pub. L. 103-337, Sec. 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.''
    Subsecs. (b), (c). Pub. L. 103-337, Sec. 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'.''
    1992--Pub. L. 102-484 renumbered section 2506 of this title as this 
section.


                    Effective Date of 1996 Amendment

    For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under 
section 251 of Title 41, Public Contracts.
