US Code

Public Law 119-88 (05/04/2026)

10 U.S.C. § 4861

Determinations of public interest under chapter 83 of title 41

(a)
section 8302 of title 41 In determining under whether application of chapter 83 of such title 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.

Pub. L. 100–370, § 3(a)(1)102 Stat. 855 Pub. L. 100–456, div. A, title VIII, § 821(b)(1)(A)102 Stat. 2014 Pub. L. 102–484, div. D, title XLII, § 4202(a)106 Stat. 2659 Pub. L. 103–337, div. A, title VIII, § 812(a)108 Stat. 2815 Pub. L. 104–106, div. D, title XLIII, § 4321(b)(20)110 Stat. 673 Pub. L. 105–85, div. A, title X, § 1073(a)(54)111 Stat. 1903 Pub. L. 111–350, § 5(b)(37)124 Stat. 3845 Pub. L. 113–291, div. A, title X, § 1071(a)(9)128 Stat. 3505 Pub. L. 116–283, div. A, title XVIII, § 1870(c)(2)134 Stat. 4285 (Added , , , § 2501; renumbered § 2506, , , ; renumbered § 2533, , , ; amended , (b)(1), , , 2816; , , ; , , ; , , ; , , ; renumbered § 4861, , , .)

Historical and Revision Notes

Pub. L. 93–365, title VII, § 70788 Stat. 406 Section is based on , , .

Editorial Notes

Amendments

Pub. L. 116–283section 2533 of this title2021— renumbered as this section.

Pub. L. 113–2912014—Subsec. (a). substituted “chapter 83 of such title” for “such Act” in introductory provisions.

Pub. L. 111–350, § 5(b)(37)(A)2011—, substituted “chapter 83 of title 41” for “the Buy American Act” in section catchline.

Pub. L. 111–350, § 5(b)(37)(B)section 8302 of title 4141 U.S.C. 10aSubsec. (a). , substituted “” for “section 2 of the Buy American Act ()” in introductory provisions.

Pub. L. 105–8541 U.S.C. 10a41 U.S.C. 10a1997—Subsec. (a). substituted “()” for “())”.

Pub. L. 104–10641 U.S.C. 10a41 U.S.C. 10a1996—Subsec. (a). substituted “the Buy American Act ()) whether application of such Act” for “title III of the Act of (), popularly known as the ‘Buy American Act’, whether application of title III of such Act”.

Pub. L. 103–337, § 812(b)(1)1994—, 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.

Pub. L. 103–337, § 812(a)(1)Subsec. (a). , 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.”

Pub. L. 103–337, § 812(a)41 U.S.C. 10aSubsecs. (b), (c). , 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 (, 10b), popularly known as the ‘Buy American Act’.”

Pub. L. 102–484section 2506 of this title1992— renumbered as section 2533.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

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 .

Effective Date of 1996 Amendment

Pub. L. 104–106section 4401 of Pub. L. 104–106section 2220 of this titleFor effective date and applicability of amendment by , see , set out as a note under .