10 U.S. Code § 2533b - Requirement to buy strategic materials critical to national security from American sources; exceptions
2019—Subsec. (k)(2)(A). Pub. L. 116–92 substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2018—Subsec. (h). Pub. L. 115–232, § 837(c)(1), substituted “Products” for “Items” in heading.
Subsec. (h)(1), (3). Pub. L. 115–232, § 837(c)(2), substituted “commercial products” for “commercial items”.
2014—Subsec. (h)(1). Pub. L. 113–291, § 1071(a)(10)(A)(i), substituted “sections 1906 and 1907 of title 41” for “sections 34 and 35 of the Office of Federal Procurement Policy Act (41 U.S.C. 430 and 431)”.
Subsec. (h)(2). Pub. L. 113–291, § 1071(a)(10)(A)(ii), substituted “section 104 of title 41” for “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))” in introductory provisions.
Subsec. (m)(2). Pub. L. 113–291, § 1071(a)(10)(B)(i), substituted “section 105 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”.
Subsec. (m)(3). Pub. L. 113–291, § 1071(a)(10)(B)(ii), substituted “section 131 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)”.
Subsec. (m)(5). Pub. L. 113–291, § 1071(a)(10)(B)(iii), substituted “section 104 of title 41” for “section 35(c) of the Office of Federal Procurement Policy Act (41 U.S.C. 431(c))”.
2011—Subsec. (a)(2). Pub. L. 111–383, § 1075(f)(2)(A), made technical amendment to directory language of Pub. L. 110–181, § 804(a)(3). See 2008 Amendment note below.
Subsec. (h). Pub. L. 111–350, § 5(b)(39)(A), which directed substitution of “section 1906 of title 41” for “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)”, could not be executed because the words “section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430)” did not appear in text.
Subsec. (j). Pub. L. 111–350, § 5(b)(39)(B), which directed substitution of “section 105 of title 41” for “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” in subsec. (j), could not be executed because the words “section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)” did not appear in subsec. (j) after the amendment by Pub. L. 110–181, § 804(d).
Subsec. (m)(3) to (10). Pub. L. 111–383, § 1075(f)(2)(B), made technical amendment to directory language of Pub. L. 110–181, § 804(e). See 2008 Amendment note below.
2008—Subsec. (a). Pub. L. 110–181, § 804(a)(1), substituted “Except as provided in subsections (b) through (m), the acquisition by the Department of Defense of the following items is prohibited:” for “Except as provided in subsections (b) through (j), funds appropriated or otherwise available to the Department of Defense may not be used for procurement of—” in introductory provisions.
Subsec. (a)(1). Pub. L. 110–181, § 804(a)(2), substituted “The following” for “the following” and substituted period for “; or” at end.
Subsec. (a)(2). Pub. L. 110–181, § 804(a)(3), as amended by Pub. L. 111–383, § 1075(f)(2)(A), substituted “A specialty” for “a specialty”.
Subsec. (c). Pub. L. 110–181, § 804(f)(1), substituted “Acquisitions” for “Procurements” in heading and pars. (1) and (2).
Subsec. (d). Pub. L. 110–181, § 804(f)(2), substituted “acquisition” for “procurement” in introductory provisions and par. (1).
Subsec. (f). Pub. L. 110–181, § 804(f)(3), substituted “acquisitions” for “procurements”.
Subsec. (g). Pub. L. 110–181, § 804(c), (f)(3), substituted “acquisitions” for “procurements” and “electronic components, unless the Secretary of Defense, upon the recommendation of the Strategic Materials Protection Board pursuant to section 187 of this title, determines that the domestic availability of a particular electronic component is critical to national security.” for “commercially available electronic components whose specialty metal content is de minimis in value compared to the overall value of the lowest level electronic component produced that contains such specialty metal.”
Subsec. (h). Pub. L. 110–181, § 804(b), amended heading and text generally. Prior to amendment, text read as follows: “This section applies to procurements of commercial items notwithstanding section 34 of the Office of Federal Procurement Policy Act (41 U.S.C. 430).”
Subsecs. (i) to (m). Pub. L. 110–181, § 804(d), added subsecs. (i) to (k) and redesignated former subsecs. (i) and (j) as (l) and (m), respectively.
Subsec. (m)(3) to (10). Pub. L. 110–181, § 804(e), as amended by Pub. L. 111—383, § 1075(f)(2)(B), added pars. (3) to (10).
Pub. L. 111–383, div. A, title X, § 1075(f)(2), Jan. 7, 2011, 124 Stat. 4376, provided that amendment by section 1075(f)(2) is effective as of January 28, 2008, and as if included in Public Law 110–181 as enacted.”
Pub. L. 109–364, div. A, title VIII, § 842(a)(4)(A), Oct. 17, 2006, 120 Stat. 2337, provided that:
Pub. L. 110–181, div. A, title VIII, § 804(g), Jan. 28, 2008, 122 Stat. 211, provided that:
Pub. L. 111–383, div. A, title VIII, § 823, Jan. 7, 2011, 124 Stat. 4269, which required the Secretary to review the definition of “produce” as used within subpart 252.2 of the defense supplement to the Federal Acquisition Regulation, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(57), Aug. 13, 2018, 132 Stat. 1850.
Pub. L. 110–181, div. A, title VIII, § 804(h), Jan. 28, 2008, 122 Stat. 211, which provided that, with exceptions, any domestic nonavailability determination under section 2533b of this title would be reviewed and amended to comply with the amendments made by section 804 of Pub. L. 110–181, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(58), Aug. 13, 2018, 132 Stat. 1850.
Pub. L. 110–181, div. A, title VIII, § 884, Jan. 28, 2008, 122 Stat. 264, provided that:
Pub. L. 109–364, div. A, title VIII, § 842(b), Oct. 17, 2006, 120 Stat. 2337, which provided that the Secretary of Defense or the Secretary of a military department could accept specialty metals in an item produced, manufactured, or assembled in the United States before Oct. 17, 2006, with respect to which the contracting officer for the contract determines that the contractor is not in compliance with section 2533b of this title, subject to certain conditions, was repealed by Pub. L. 115–232, div. A, title VIII, § 812(b)(59), Aug. 13, 2018, 132 Stat. 1850.