DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY AMERICAN ACT.

SEC. 812. DETERMINATIONS OF PUBLIC INTEREST UNDER THE BUY AMERICAN ACT. (a) Considerations.— Section 2533 of title 10, United States Code, is amended— (1) by striking out subsections (a) and (b) and inserting in lieu thereof the following: “(a) In determining under section 2 of title III of the Act of March 3, 1993 (41 U.S.C. 10a), popularly known as the ‘Buy 108 STAT. 2816American Act’, whether application of title III of such Act is inconsistent with the public interest, the Secretary of Defense shall consider the following: “(1) The bias 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.”; and (2) by redesignating subsection (c) as subsection (b). (b) Conforming and Clerical Amendments.— (1) The heading of section 2533 of such title is amended to read as follows: “§2533. Determinations of public interest under the Buy American Act”. (2) The item relating to such section in the table of sections at the beginning of subchapter V of chapter 148 of such title is amended to read as follows: “2533. Determinations of public interest under the Buy American Act.”.