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10 U.S.C. § 2350b — Cooperative projects under Arms Export Control Act: acquisition of defense equipment
Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act ([22 U.S.C. 2767(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767/d&num=0&edition=prelim)), relating to cooperative projects (as defined in such section), the Secretary may utilize his authority under this title in carrying out contracts or obligations incurred under such section.
(2) Except as provided in subsection (c), chapter 137 11 See References in Text note below. of this title shall apply to such contracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the extent waived under subsection (c) or some other provision of law, all other provisions of law relating to procurement, if otherwise applicable, shall apply to such contracts entered into by the Secretary of Defense.
**(b)** When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project.
**(c)**
(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or section 2304 1 of this title, that specifically prescribes—
(A) procedures to be followed in the formation of contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to goods grown, produced, or manufactured in the Un
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Source file: Laws/federal/codes/united-states-code/title-10/section-2350b-cooperative-projects-under-arms-export-control-act-acquisition-of-defens--910c91b99c.md
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Source location: Title 10, Chapter 138, § 2350b; chapter-138-cooperative-agreements-with-nato-allies-and-other-countries.md
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**(a)**
(1) If the President delegates to the Secretary of Defense the authority to carry out section 27(d) of the Arms Export Control Act ([22 U.S.C. 2767(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767/d&num=0&edition=prelim)), relating to cooperative projects (as defined in such section), the Secretary may utilize his authority under this title in carrying out contracts or obligations incurred under such section.
(2) Except as provided in subsection (c), chapter 137 11 See References in Text note below. of this title shall apply to such contracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the extent waived under subsection (c) or some other provision of law, all other provisions of law relating to procurement, if otherwise applicable, shall apply to such contracts entered into by the Secretary of Defense.
**(b)** When contracting or incurring obligations under section 27(d) of the Arms Export Control Act for cooperative projects, the Secretary of Defense may require subcontracts to be awarded to particular subcontractors in furtherance of the cooperative project.
**(c)**
(1) Subject to paragraph (2), when entering into contracts or incurring obligations under section 27(d) of the Arms Export Control Act outside the United States, the Secretary of Defense may waive with respect to any such contract or subcontract the application of any provision of law, other than a provision of the Arms Export Control Act or section 2304 1 of this title, that specifically prescribes—
(A) procedures to be followed in the formation of contracts;
(B) terms and conditions to be included in contracts;
(C) requirements for or preferences to be given to goods grown, produced, or manufactured in the United States or in United States Government-owned facilities or for services to be performed in the United States; or
(D) requirements regulating the performance of contracts.
(2) A waiver may not be made under paragraph (1) unless the Secretary determines that the waiver is necessary to ensure that the cooperative project will significantly further standardization, rationalization, and interoperability.
(3) The authority of the Secretary to make waivers under this subsection may be delegated only to the Deputy Secretary of Defense or the Acquisition Executive designated for the Office of the Secretary of Defense.
**(d)**
(1) The Secretary of Defense shall notify the Congress each time he requires that a prime contract be awarded to a particular prime contractor or that a subcontract be awarded to a particular subcontractor to comply with a cooperative agreement. The Secretary shall include in each such notice the reason for exercising his authority to designate a particular contractor or subcontractor, as the case may be.
(2) The Secretary shall also notify the Congress each time he exercises a waiver under subsection (c) and shall include in such notice the particular provision or provisions of law that were waived.
(3) A report under this subsection shall be required only to the extent that the information required by this subsection has not been provided in a report made by the President under section 27(e) of the Arms Export Control Act ([22 U.S.C. 2767(e)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2767/e&num=0&edition=prelim)).
**(e)**
(1) In carrying out a cooperative project under section 27 of the Arms Export Control Act, the Secretary of Defense may agree that a participant (other than the United States) or a NATO organization may make a contract for requirements of the United States under the project if the Secretary determines that such a contract will significantly further standardization, rationalization, and interoperability. Except to the extent waived under this section or under any other provision of law, the Secretary shall ensure that such contract will be made on a competitive basis and that United States sources will not be precluded from competing under the contract.
(2) If a participant (other than the United States) in such a cooperative project or a NATO organization makes a contract on behalf of such project to meet the requirements of the United States, the contract may permit the contracting party to follow its own procedures relating to contracting.
**(f)** In carrying out a cooperative project, the Secretary of Defense may also agree to the disposal of property that is jointly acquired by the members of the project without regard to any laws of the United States applicable to the disposal of property owned by the United States. Disposal of such property may include a transfer of the interest of the United States in such property to one of the other governments participating in the cooperative agreement or the sale of such property. Payment for the transfer or sale of any interest of the United States in any such property shall be made in accordance with the terms of the cooperative agreement.
**(g)** Nothing in this section shall be construed as authorizing the Secretary of Defense—
(1) to waive any of the financial management responsibilities administered by the Secretary of the Treasury; or
(2) to waive the cargo preference laws of the United States, including [section 2631 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2631&num=0&edition=prelim) and [section 55305 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section55305&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Minimum Tonnage.—** When the United States Government procures, contracts for, or otherwise obtains for its own account, or furnishes to or for the account of a foreign country, organization, or persons without provision for reimbursement, any equipment, materials, or commodities, or provides financing in any way with Federal funds for the account of any persons unless otherwise exempted, within or without the United States, or advances funds or credits, or guarantees the convertibility of foreign currencies in connection with the furnishing or obtaining of the equipment, materials, or commodities, the appropriate agencies shall take steps necessary and practicable to ensure that at least 50 percent of the gross tonnage of the equipment, materials, or commodities (computed separately for dry bulk carriers, dry cargo liners, and tankers) which may be transported on ocean vessels is transported on privately-owned commercial vessels of the United States, as provided under subsection (b), to the extent those vessels are available at fair and reasonable rates for commercial vessels of the United States, in a manner that will ensure a fair and reasonable participation of commercial vessels of the United States in those cargoes by geographic areas.
**(b) Eligible Vessels.—** To be eligible to carry cargo as provided under subsection (a), a privately-owned commercial vessel shall be documented under the laws of the United States—
(1) for not less than three years; or
(2) after January 1, 2030, for less than three years, if the vessel owner signs an agreement with the Secretary providing that—
(A) the vessel shall remain documented under the laws of the United States for not less than three years; and
(B) the vessel owner shall, upon request of the Secretary, agre
Source: Supplied U.S. Code snapshot — release unconfirmed · 46 U.S.C. § 55305
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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
In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3016
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304
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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.—** Supplies bought for the Army, Navy, Air Force, Marine Corps, or Space Force, or for a Defense Agency, or otherwise transported by the Department of Defense, may only be transported by sea in—
(1) a vessel belonging to the United States; or
(2) a vessel of the United States (as such term is defined in [section 116 of title 46](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title46-section116&num=0&edition=prelim)).
**(b) Waiver and Notification.—**
(1) The Secretary of Defense may waive the requirement under subsection (a) if such a vessel is—
(A) not available at a fair and reasonable rate for commercial vessels of the United States; or
(B) otherwise not available.
(2) At least once each fiscal year, the Secretary of Defense shall submit, in writing, to the appropriate congressional committees a notice of any waiver granted under this subsection and the reasons for such waiver.
**(c) Requirements for Reflagging or Repair Work.—**
(1) In each request for proposals to enter into a time-charter contract for the use of a vessel for the transportation of supplies under this section, the Secretary of Defense shall require that—
(A) any reflagging or repair work on a vessel for which a proposal is submitted in response to the request for proposals be performed in the United States (including any territory of the United States); and
(B) any corrective and preventive maintenance or repair work on a vessel under contract pursuant to this section relevant to the purpose of such contract be performed in the United States (including any territory of the United States) for the duration of the contract, to the greatest extent practicable.
(2) The Secretary of Defense may waive a requirement under paragraph (1) if the Secretary det
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2631
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Federal law — U.S. Code and appendices · legal_authorities
As declared by the Congress in the Arms Control and Disarmament Act [[22 U.S.C. 2551](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section2551&num=0&edition=prelim) et seq.], an ultimate goal of the United States continues to be a world which is free from the scourge of war and the dangers and burdens of armaments; in which the use of force has been subordinated to the rule of law; and in which international adjustments to a changing world are achieved peacefully. In furtherance of that goal, it remains the policy of the United States to encourage regional arms control and disarmament agreements and to discourage arms races.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2751
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### NATO Cooperative Logistic Support Agreements
Pub. L. 99–661, div. A, title XI, § 1102, Nov. 14, 1986, 100 Stat. 3961, which authorized Secretary of Defense to enter Weapon System Partnership Agreements with one or more governments of other member countries of NATO, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535. See [section 2350d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350d&num=0&edition=prelim).
#### NATO Cooperative Research and Development
Pub. L. 99–145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712, which urged and requested member nations of NATO to cooperate in research and development of defense equipment and munitions and in the production of defense equipment, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(1), Nov. 29, 1989, 103 Stat. 1535. See [section 2350a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim).
#### Authority of Secretary of Defense in Connection With NATO AWACS Program
Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended by Pub. L. 97–252, title I, § 106, Sept. 8, 1982, 96 Stat. 720; Pub. L. 98–94, title I, § 105, Sept. 24, 1983, 97 Stat. 620; Pub. L. 98–525, title I, § 106, Oct. 19, 1984, 98 Stat. 2503; Pub. L. 99–145, title I, § 106(b), Nov. 8, 1985, 99 Stat. 596; Pub. L. 99–661, title I, § 106, Nov. 14, 1986, 100 Stat. 3827; Pub. L. 100–180, title I, § 109, Dec. 4, 1987, 101 Stat. 1036, which set forth authority of Secretary of Defense in connection with NATO AWACS Program, was repealed by Pub. L. 101–189, div. A, title IX, § 932(b), Nov. 29, 1989, 103 Stat. 1537. See [section 2350e of this title](https://uscode.house.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2407
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Federal law — U.S. Code and appendices · legal_authorities
Page 1891
TITLE 10—ARMED FORCES
§ 2350b
1 See References in Text note below.
in the Program, in accordance with the agree-
ment.
‘‘(2) EQUITABLE CONTRIBUTIONS.—The contributions,
as allocated under paragraph (1) and set forth in an
agreement under subsection (a), shall be considered
equitable for purposes of this subsection and section
27(c) of the Arms Export Control Act (22 U.S.C.
2767(c)).
‘‘(3)
AUTHORIZED
CONTRIBUTION.—An
agreement
under subsection (a) shall provide that each partici-
pating country may provide its contribution in funds,
in personal property, in services required for the Pro-
gram, or any combination thereof.
‘‘(4) FUNDING
FOR
UNITED
STATES
CONTRIBUTION.—
Any monetary contribution by the United States to
the Program that is provided in funds shall be made
from funds available to the Department of Defense
for operation and maintenance.
‘‘(5) CONTRIBUTIONS
AND
REIMBURSEMENTS
FROM
OTHER PARTICIPATING COUNTRIES.—
‘‘(A) IN GENERAL.—The Secretary of Defense may
accept from any other participating country a con-
tribution or reimbursement of funds, personal prop-
erty, or services made by the participating country
in furtherance of the Program.
‘‘(B) CREDIT
TO
APPROPRIATIONS.—Any contribu-
tion or reimbursement of funds received by the
United States from any other participating country
to meet that country’s share of the costs of the
Program shall be credited to the appropriations
available to the appropriate military department,
as determined by the Secretary of Defense.
‘‘(C) TREATMENT
OF
PERSONAL
PROPERTY.—Any
contribution or reimbursement of personal property
received under this paragraph may be—
‘‘(i) retained and used by the Program in the
form in which it was contributed;
‘‘(ii) sold or otherwise disposed of in accord
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2350b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority of President** The President may enter into a cooperative project agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization.
**(b) Definitions** As used in this section—
(1) the term “cooperative project”, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization, means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to further the objectives of standardization, rationalization, and interoperability of the armed forces of North Atlantic Treaty Organization member countries and which provides—
(A) for one or more of the other participants to share with the United States the costs of research on and development, testing, evaluation, or joint production (including follow-on support) of certain defense articles;
(B) for concurrent production in the United States and in another member country of a defense article jointly developed in accordance with subparagraph (A); or
(C) for procurement by the United States of a defense article or defense service from another member country or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization;
(2) the term “cooperative project”, in the case of an agreement entered into under subsection (j), means a jointly managed arrangement, described in a written agreement among the parties, which is undertaken in order to enhance the ongoing multinational effort of the participants to improve the conventional defense capabilities of the participants and which provides—
(A) for one or more of the other participants to share with the United States the costs
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2767
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