§ 10a. — American materials required for public use.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC10a]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 1--GENERAL PROVISIONS
Sec. 10a. American materials required for public use
Notwithstanding any other provision of law, and unless the head of
the department or independent establishment concerned shall determine it
to be inconsistent with the public interest, or the cost to be
unreasonable, only such unmanufactured articles, materials, and supplies
as have been mined or produced in the United States, and only such
manufactured articles, materials, and supplies as have been manufactured
in the United States substantially all from articles, materials, or
supplies mined, produced, or manufactured, as the case may be, in the
United States, shall be acquired for public use. This section shall not
apply with respect to articles, materials, or supplies for use outside
the United States, or if articles, materials, or supplies of the class
or kind to be used or the articles, materials, or supplies from which
they are manufactured are not mined, produced, or manufactured, as the
case may be, in the United States in sufficient and reasonably available
commercial quantities and of a satisfactory quality. This section shall
not apply to manufactured articles, materials, or supplies procured
under any contract the award value of which is less than or equal to the
micro-purchase threshold under section 428 of this title.
(Mar. 3, 1933, ch. 212, title III, Sec. 2, 47 Stat. 1520; Pub. L. 100-
418, title VII, Sec. 7005(b), Aug. 23, 1988, 102 Stat. 1553; Pub. L.
103-355, title IV, Sec. 4301(b), Oct. 13, 1994, 108 Stat. 3347.)
Amendments
1994--Pub. L. 103-355 inserted at end ``This section shall not apply
to manufactured articles, materials, or supplies procured under any
contract the award value of which is less than or equal to the micro-
purchase threshold under section 428 of this title.''
1988--Pub. L. 100-418, Secs. 7004, 7005(b), temporarily substituted
``Federal agency'' for ``department or independent establishment''. See
Effective and Termination Dates of 1988 Amendment note below.
Effective Date of 1994 Amendment
Section 4301(c) of Pub. L. 103-355 provided that: ``Notwithstanding
any other provision of law--
``(1) section 32 of the Office of Federal Procurement Policy Act
[41 U.S.C. 428], as added by subsection (a); and
``(2) the amendment made by subsection (b) [amending this
section];
shall take effect on the date of the enactment of this Act [Oct. 13,
1994] and shall be implemented in the Federal Acquisition Regulation not
later than 60 days after such date of enactment.''
Effective and Termination Dates of 1988 Amendment
Section 7004 of title VII of Pub. L. 100-418 provided that: ``The
amendments made by this title [see Short Title of 1988 Amendment note
below] shall cease to be effective on April 30, 1996, unless the
Congress, after reviewing the report required by section 305(k) of the
Trade Agreements Act of 1979 [former 19 U.S.C. 2515(k)], and other
relevant information, extends such date. After such date, the President
may modify or terminate any or all actions taken pursuant to such
amendments.''
Section 7005(f) of title VII of Pub. L. 100-418 provided that: ``The
amendments made by this section [amending sections 10a, 10b, 10c, and
10d of this title and section 2511 of Title 19, Customs Duties] shall
take effect upon enactment [Aug. 23, 1988].''
Short Title of 1988 Amendment
Section 7001 of title VII of Pub. L. 100-418 provided that: ``This
title [enacting section 10b-1 of this title, amending this section,
sections 10b, 10c, and 10d of this title, and sections 2511 and 2515 of
Title 19, Customs Duties, enacting provisions set out as notes under
section 10a of this title, and amending provisions set out as notes
under section 10c of this title] may be cited as the `Buy American Act
of 1988'.''
Short Title
Section 7, formerly section 5, of title III of act Mar. 3, 1933, as
added by Pub. L. 103-355, title X, Sec. 10005(f)(4), Oct. 13, 1994, 108
Stat. 3409, and renumbered and amended by Pub. L. 104-106, div. D, title
XLIII, Sec. 4321(a)(11), Feb. 10, 1996, 110 Stat. 671, provided that:
``This title [enacting this section, sections 10b and 10c of this title,
and provisions set out as notes under section 10c of this title] may be
cited as the `Buy American Act'.''
Implementation of Buy American Act With Respect to Certain Water
Resource Projects
Pub. L. 100-371, title V, Sec. 508, July 19, 1988, 102 Stat. 875,
provided that:
``(a) General Rule.--For purposes of title III of the Act of March
3, 1933 (47 Stat. 1520; 41 U.S.C. 10a-10c) [41 U.S.C. 10a, 10b, 10b-1,
10c], commonly known as the Buy American Act, a cofferdam or any other
temporary structure to be constructed by the Secretary of the Army,
acting through the Chief of Engineers, shall be treated in the same
manner as a permanent dam constructed by the Secretary of the Army.
``(b) Applicability.--Subsection (a) shall only apply to contracts
entered into after the date of the enactment of this Act [July 19,
1988].''
Exemption of Functions
Functions authorized by Foreign Assistance Act of 1961, as amended,
as exempt, see Ex. Ord. No. 11223, eff. May 12, 1965, 30 F.R. 6635, set
out as a note under section 2393 of Title 22, Foreign Relations and
Intercourse.
Applicability of Buy American Act With Respect to European Community
For applicability of Buy American Act to procurements covered by
agreement with the European Community on government procurement, see Ex.
Ord. No. 12849, May 25, 1993, 58 F.R. 30931, set out as a note under
section 2511 of Title 19, Customs Duties.
Act Referred to in Other Sections
The Buy American Act is referred to in sections 10b-2, 10b-3, 42,
428 of this title; title 10 section 2533; title 15 sections 2507, 5528;
title 19 sections 2512, 2513, 3105; title 20 sections 6067, 9275; title
24 section 225h; title 25 section 1638b; title 42 section 5206.
Section Referred to in Other Sections
This section is referred to in sections 10b, 10c, 10d of this title;
title 10 sections 2457, 2533.
