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41 U.S.C. § 8302 — American materials required for public use

Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8302 — American materials required for public use

**(a) In General.—** (1) **Allowable materials.—** — Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the 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 in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (2) **Exceptions.—** — This section does not apply— (A) to articles, materials, or supplies for use outside the United States; (B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304&num=0&edition=prelim)), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and (C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim). **(b) Reports.—** (1) **In general.—** — Not later than 180 days after the end of the fisca

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Stable record: federal_law:legal_authorities:record_usc_ccd659fd0ff0bddded5d7684
Source file: Laws/federal/codes/united-states-code/title-41/section-8302-american-materials-required-for-public-use--fcf759c189.md
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Source location: Title 41, Chapter 83, § 8302; chapter-083-buy-american.md

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**(a) In General.—** (1) **Allowable materials.—** — Only unmanufactured articles, materials, and supplies that have been mined or produced in the United States, and only manufactured articles, materials, and supplies that have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured in the United States, shall be acquired for public use unless the head of the Federal agency concerned determines their acquisition to be inconsistent with the public interest, their cost to be unreasonable, or that the 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 in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality. (2) **Exceptions.—** — This section does not apply— (A) to articles, materials, or supplies for use outside the United States; (B) to any articles, materials, or supplies procured pursuant to a reciprocal defense procurement memorandum of understanding (as described in [section 8304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8304&num=0&edition=prelim)), or a trade agreement or least developed country designation described in subpart 25.400 of the Federal Acquisition Regulation; and (C) to manufactured articles, materials, or supplies procured under any contract with an award value that is not more than the micro-purchase threshold under [section 1902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1902&num=0&edition=prelim). **(b) Reports.—** (1) **In general.—** — Not later than 180 days after the end of the fiscal year during which the Build America, Buy America Act is enacted, and annually thereafter for 4 years, the Director of the Office of Management and Budget, in consultation with the Administrator of General Services, shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report on the total amount of acquisitions made by Federal agencies in the relevant fiscal year of articles, materials, or supplies acquired from entities that mine, produce, or manufacture the articles, materials, or supplies outside the United States. (2) **Exception for intelligence community.—** — This subsection does not apply to acquisitions made by an agency, or component of an agency, that is an element of the intelligence community as specified in, or designated under, section 3 of the National Security Act of 1947 ([50 U.S.C. 3003](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3003&num=0&edition=prelim)). **(c) Special Rules.—** The following rules apply in carrying out the provisions of subsection (a): (1) **Iron and steel manufactured in the united states.—** — For purposes of this section, manufactured articles, materials, and supplies of iron and steel are deemed manufactured in the United States only if all manufacturing processes involved in the production of such iron and steel, from the initial melting stage through the application of coatings, occurs in the United States. (2) **Limitation on exception for commercially available off-the-shelf items.—** — Notwithstanding any law or regulation to the contrary, including [section 1907 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1907&num=0&edition=prelim) and the Federal Acquisition Regulation, the requirements of this section apply to all iron and steel articles, materials, and supplies.

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8301 — Definitions

In this chapter: (1) **Public building, public use, and public work.—** — The terms “public building”, “public use”, and “public work” mean a public building of, use by, and a public work of, the Federal Government, the District of Columbia, Puerto Rico, American Samoa, and the Virgin Islands. (2) **United states.—** — The term “United States” includes any place subject to the jurisdiction of the United States. (3) **Federal agency.—** — The term “Federal agency” has the meaning given the term “executive agency” in [section 133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section133&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1902 — Procedures applicable to purchases below micro-purchase threshold

**(a) Definition.—** (1) Except as provided in paragraph (2) of this subsection, for purposes of this section, the micro-purchase threshold is $10,000. (2) For purposes of this section, the micro-purchase threshold for procurement activities administered under sections 6303 through 6305 of title 31 by institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 ([20 U.S.C. 1001(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section1001/a&num=0&edition=prelim)), or related or affiliated nonprofit entities, or by nonprofit research organizations or independent research institutes is— (A) $10,000; or (B) such higher threshold as determined appropriate by the head of the relevant executive agency and consistent with clean audit findings under chapter 75 of title 31, internal institutional risk assessment, or State law. **(b) Compliance With Certain Requirements and Nonapplicability of Certain Authority.—** (1) **Compliance with certain requirements.—** — The head of each executive agency shall ensure that procuring activities of that agency, when awarding a contract with a price exceeding the micro-purchase threshold, comply with the requirements of section 8(a) of the Small Business Act ([15 U.S.C. 637(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/a&num=0&edition=prelim)) and section 7102 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, [15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim) note). (2) **Nonapplicability of certain authority.—** — The authority under part 13.106(a)(1) of the Federal Acquisition Regulation (48 C.F.R. 13.106(a)(1)), as in effect on November 18, 1

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1902

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Biennial reports on foreign biological threats

**(a) Reports** On a biennial basis until the date that is 10 years after March 15, 2022, the Director of National Intelligence shall submit to the congressional intelligence committees a comprehensive report on the activities, prioritization, and responsibilities of the intelligence community with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country. **(b) Matters included** Each report under subsection (a) shall include, with respect to foreign biological threats emanating from the territory of, or sponsored by, a covered country, the following: (1) A detailed description of all activities relating to such threats undertaken by each element of the intelligence community, and an assessment of any gaps in such activities. (2) A detailed description of all duties and responsibilities relating to such threats explicitly authorized or otherwise assigned, exclusively or jointly, to each element of the intelligence community, and an assessment of any identified gaps in such duties or responsibilities. (3) A description of the coordination among the relevant elements of the intelligence community with respect to the activities specified in paragraph (1) and the duties and responsibilities specified in paragraph (2). (4) An inventory of the strategies, plans, policies, and interagency agreements of the intelligence community relating to the collection, monitoring, analysis, mitigation, and attribution of such threats, and an assessment of any identified gaps therein. (5) A description of the coordination and interactions among the relevant elements of the intelligence community and non-intelligence community partners. (6) An assessment of foreign malign influence efforts relating to such threats, including any foreign

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3003

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 1907 — List of laws inapplicable to procurements of commercially available off-the-shelf items

**(a) Inclusion in Federal Acquisition Regulation.—** (1) **In general.—** — The Federal Acquisition Regulation shall include a list of provisions of law that are inapplicable to contracts for the procurement of commercially available off-the-shelf items. A provision of law properly included on the list pursuant to paragraph (2) does not apply to contracts for the procurement of commercially available off-the-shelf items. This section does not render a provision of law not included on the list inapplicable to contracts for the procurement of commercially available off-the-shelf items. (2) **Laws to be included.—** — A provision of law described in subsection (b) shall be included on the list of inapplicable provisions of law required by paragraph (1) unless the Administrator makes a written determination that it would not be in the best interest of the Federal Government to exempt contracts for the procurement of commercially available off-the-shelf items from the applicability of the provision. (3) **Other authorities or responsibilities not affected.—** — This section does not modify, supersede, impair, or restrict authorities or responsibilities under— (A) section 15 of the Small Business Act ([15 U.S.C. 644](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section644&num=0&edition=prelim)); or (B) bid protest procedures developed under the authority of— (i) subchapter V of chapter 35 of title 31; (ii) [section 3308 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3308&num=0&edition=prelim); or (iii) sections 3706 and 3707 of this title. **(b) Covered Law.—** Except as provided in subsection (a)(3), a provision of law referred to in subsection (a)(1) is a provision of law that the Ad

Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1907

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8304 — Waiver rescission

**(a) Type of Agreement.—** An agreement referred to in subsection (b) is a reciprocal defense procurement memorandum of understanding between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived this chapter for certain products in that country. **(b) Determination by Secretary of Defense.—** If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country that is party to an agreement described in subsection (a) has violated the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary’s blanket waiver of this chapter with respect to those types of products produced in that country.

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 2457 — Standardization of equipment with North Atlantic Treaty Organization members

**(a)** It is the policy of the United States to standardize equipment, including weapons systems, ammunition, and fuel, procured for the use of the armed forces of the United States stationed in Europe under the North Atlantic Treaty or at least to make that equipment interoperable with equipment of other members of the North Atlantic Treaty Organization. To carry out this policy, the Secretary of Defense shall— (1) assess the costs and possible loss of nonnuclear combat effectiveness of the military forces of the members of the Organization caused by the failure of the members to standardize equipment; (2) maintain a list of actions to be taken, including an evaluation of the priority and effect of the action, to standardize equipment that may improve the overall nonnuclear defense capability of the Organization or save resources for the Organization; and (3) initiate and carry out, to the maximum extent feasible, procurement procedures to acquire standardized or interoperable equipment, considering the cost, function, quality, and availability of the equipment. **(b)** Progress in realizing the objectives of standardization and interoperability would be enhanced by expanded inter-Allied procurement of arms and equipment within the North Atlantic Treaty Organization. Expanded inter-Allied procurement would be made easier by greater reliance on licensing and coproduction cooperative agreements among the signatories of the North Atlantic Treaty. If constructed to preserve the efficiencies associated with economies of scale, the agreements could minimize potential economic hardship to parties to the agreements and increase the survivability, in time of war, of the North Atlantic Alliance’s armaments production base by dispersing manufacturing facilities. In conjuncti

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2457

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4861 — Determinations of public interest under chapter 83 of title 41

**(a)** In determining under [section 8302 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section8302&num=0&edition=prelim) 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 manu

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4861

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2326b — Materials, services, and funds for repair, restoration, or rehabilitation of projects

**(a) Definitions** In this section: (1) **Covered area** — The term “covered area” means an area— (A) for which the Governor of a State has requested a determination that an emergency exists; or (B) covered by an emergency or major disaster declaration declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ([42 U.S.C. 5121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section5121&num=0&edition=prelim) et seq.). (2) **Emergency period** — The term “emergency period” means— (A) with respect to a covered area described in paragraph (1)(A), the period during which the Secretary determines an emergency exists; and (B) with respect to a covered area described in paragraph (1)(B), the period during which the applicable declaration is in effect. **(b) In general** In any covered area, the Secretary is authorized to accept and use materials, services, and funds, during the emergency period, from a non-Federal interest or private entity to repair, restore, or rehabilitate a federally authorized water resources development project, and to provide reimbursement to such non-Federal interest or private entity for such materials, services, and funds, in the Secretary’s sole discretion, and subject to the availability of appropriations, if the Secretary determines that reimbursement is in the public interest. **(c) Additional requirement** The Secretary may only reimburse for the use of materials or services accepted under this section if such materials or services meet the Secretary’s specifications and comply with all applicable laws and regulations that would apply if such materials and services were acquired by the Secretary, including sections 3141 through 3148 and 3701 through 3708 of title 40, [section 8302 of

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Federal law — U.S. Code and appendices · legal_authorities

41 U.S.C. § 8302 — American materials required for public

Page 202 TITLE 41—PUBLIC CONTRACTS § 8302 may add questions to the common waiver application questions, but they should do so sparingly and only as needed to accomplish the policy set forth in this order within their respective agencies’ existing authorities. (f) The heads of agencies identified in section 3(a) of this order shall adopt the common waiver application questions, to the extent consistent with applicable law. (g) The heads of agencies identified in section 3(a) of this order should acknowledge receipt of waiver appli- cations within 10 business days, to the extent prac- ticable. Once an applicant submits a waiver request ap- plication, the reviewing agency should seek to finalize its decision, including negotiations with the applicant as needed, as soon as possible. (h) Within 270 days of the date of this order, the heads of agencies identified in section 3(a) of this order shall establish agency guidelines for negotiating with waiver applicants to retain as much value or benefit to the United States as possible, as appropriate and consistent with applicable law, while considering technical, busi- ness, social, environmental, and economic realities. In assessing a waiver’s value to the United States econ- omy, the heads of agencies identified in section 3(a) of this order should consider, as appropriate and in addi- tion to any other relevant factors, potential benefits to domestic manufacturing competitiveness, to United States job creation, and to United States economic and national security. (i) The heads of agencies identified in section 3(a) of this order should consider limiting waivers to appli- cants that commit to manufacture in locations that maintain a market economy and for specific agreed- upon purposes. (ii) The heads

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 8302

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 3003 — Definitions

Page 559 TITLE 50—WAR AND NATIONAL DEFENSE § 3003 Stat. 495, known as the National Security Act of 1947, which is classified principally to this chapter. For com- plete classification of this Act to the Code, see Tables. CODIFICATION Section was formerly classified to section 401 of this title prior to editorial reclassification and renumbering as this section. AMENDMENTS 1958—Pub. L. 85–599 amended section generally, and, among other changes, provided that each military de- partment shall be separately organized, instead of sepa- rately administered, under its own Secretary and shall function under the direction, authority, and control of the Secretary of Defense, and inserted provisions relat- ing to establishment of unified or specified combatant commands and for elimination of unnecessary duplica- tion. 1949—Act Aug. 10, 1949, provided that the military de- partments shall be separately administered but be under the direction of the Secretary of Defense, and that there shall not be a single Chief of Staff over the armed forces nor an armed forces general staff. § 3003. Definitions As used in this chapter: (1) The term ‘‘intelligence’’ includes foreign intelligence and counterintelligence. (2) The term ‘‘foreign intelligence’’ means information relating to the capabilities, inten- tions, or activities of foreign governments or elements thereof, foreign organizations, or for- eign persons, or international terrorist activi- ties. (3) The term ‘‘counterintelligence’’ means information gathered, and activities con- ducted, to protect against espionage, other in- telligence activities, sabotage, or assassina- tions conducted by or on behalf of foreign gov- ernments or elements thereof, foreign organi- zations, or foreign persons, or international

Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3003

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