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10 U.S.C. § 4861 — Determinations of public interest under chapter 83 of title 41
Federal law — U.S. Code and appendices · legal_authorities
**(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
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Source file: Laws/federal/codes/united-states-code/title-10/section-4861-determinations-of-public-interest-under-chapter-83-of-title-41--491088b273.md
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Source location: Title 10, Chapter 385, § 4861; chapter-385-other-technology-base-policies-and-programs.md
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**(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 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.
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Federal law — U.S. Code and appendices · legal_authorities
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Source: U.S. Code supplied Markdown snapshot · 10 U.S.C. § 2533
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of Goals.—** The Secretary of Defense shall approve or define the cost, performance, and schedule goals for major defense acquisition programs of the Department of Defense and for each phase of the acquisition cycle of such programs.
**(b) Evaluation of Cost Goals.—** The Under Secretary of Defense (Comptroller) shall evaluate the cost goals proposed for each major defense acquisition program of the Department.
**(c) Sunset.—** The authority under this section shall terminate on September 30, 2018.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2220
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 102–484, div. D, title XLII, § 4216(a), Oct. 23, 1992, 106 Stat. 2668; amended Pub. L. 104–201, div. A, title VIII, § 829(d), Sept. 23, 1996, 110 Stat. 2613; Pub. L. 111–383, div. A, title VIII, § 895(d), Jan. 7, 2011, 124 Stat. 4314; Pub. L. 115–91, div. A, title X, § 1051(a)(18), Dec. 12, 2017, 131 Stat. 1561, related to Department of Defense technology and industrial base policy guidance. See [section 4811(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4811/c&num=0&edition=prelim).
A prior section 2506 was renumbered [section 4861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4861&num=0&edition=prelim).
#### Effective Date of Repeal
Repeal effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2506
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 8302
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Prior Provisions
A prior section 2501, added Pub. L. 100–456, div. A, title VIII, § 821(b)(1)(B), Sept. 29, 1988, 102 Stat. 2014, related to centralized guidance, analysis, and planning, prior to repeal by Pub. L. 102–484, § 4202(a).
Another prior section 2501 was renumbered [section 4861 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4861&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2501
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Federal law — U.S. Code and appendices · legal_authorities
Page 2887
TITLE 10—ARMED FORCES
§ 4861
and development activities in the United
States.
(2) The term ‘‘foreign firm’’ means a busi-
ness entity other than a United States firm.
(Added Pub. L. 100–456, div. A, title VIII, § 825(b),
Sept. 29, 1988, 102 Stat. 2020, § 2505; renumbered
§ 2532, Pub. L. 102–484, div. D, title XLII, § 4202(a),
Oct. 23, 1992, 106 Stat. 2659; renumbered § 4852,
Pub. L. 116–283, div. A, title XVIII, § 1870(b), Jan.
1, 2021, 134 Stat. 4284.)
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283 renumbered section 2532 of this
title as this section.
1992—Pub. L. 102–484 renumbered section 2505 of this
title as section 2532.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2021 AMENDMENT
Amendment by Pub. L. 116–283 effective Jan. 1, 2022,
with additional provisions for delayed implementation
and applicability of existing law, see section 1801(d) of
Pub. L. 116–283, set out as a note preceding section 3001
of this title.
CONTRACTUAL OFFSET ARRANGEMENTS; CONGRESSIONAL
STATEMENT OF FINDINGS
Pub. L. 100–456, div. A, title VIII, § 825(a), Sept. 29,
1988, 102 Stat. 2019, provided that: ‘‘Congress makes the
following findings:
‘‘(1) Many contracts entered into by United States
firms for the supply of weapon systems or defense-re-
lated items to foreign countries and foreign firms are
subject to contractual arrangements under which
United States firms must agree—
‘‘(A) to have a specified percentage of work under,
or monetary amount of, the contract performed by
one or more foreign firms;
‘‘(B) to purchase a specified amount or quantity
of unrelated goods or services from domestic
sources of such foreign countries; or
‘‘(C) to invest a specified amount in domestic
businesses of such foreign countries.
Such contractual
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 4861
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