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10 U.S.C. § 2407 — Renumbered § 2350b]

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

10 U.S.C. § 2407 — Renumbered § 2350b]

### 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to enter Weapon System Partnership Agreements with one or more governments of other member countries of NATO, was repealed by Pub.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in research and development of defense equipment and munitions and in the production of defense equipment, was repealed by Pub.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4, 1987, 101 Stat. 1036, which set forth authority of Secretary of Defense in connection with NATO AWACS Program, was repealed by Pub.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.

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Source location: Title 10, Chapter 141, § 2407; chapter-141-miscellaneous-provisions-relating-to-property.md

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### 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.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350e&num=0&edition=prelim). Similar provisions were contained in the following prior authorization acts: Pub. L. 96–342, title I, § 103, Sept. 8, 1980, 94 Stat. 1078. Pub. L. 96–107, title I, § 104, Nov. 9, 1979, 93 Stat. 804.

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

10 U.S.C. § 2350d — Cooperative acquisition and logistics support agreements: NATO countries

**(a) General Authority.—** (1) The Secretary of Defense may enter into bilateral or multilateral agreements known as Support or Procurement Partnership Agreements with one or more governments of other member countries of the North Atlantic Treaty Organization (NATO) participating in the operation of the NATO Support and Procurement Organization and its executive agencies. Any such agreement shall be for the purpose of providing cooperative acquisition and logistics support for the armed forces of the countries which are parties to the agreement. Any such agreement— (A) shall be entered into pursuant to the terms of the charter of the NATO Support and Procurement Organization and its executive agencies; and (B) shall provide for the common acquisition and logistics support of activities common to the participating countries. (2) Such an agreement may provide for— (A) the transfer of logistics support, supplies, and services by the United States to the NATO Support and Procurement Organization and its executive agencies; and (B) the acquisition of armaments and logistics support, supplies, and services by the United States from that Organization. **(b) Authority of Secretary.—** Under the terms of a Support or Procurement Partnership Agreement or Arrangement, the Secretary of Defense— (1) may agree that the NATO Support and Procurement Organization and its executive agencies may enter into contracts for supply, services, support, and acquisition, including armaments for requirements of the United States, to the extent the Secretary determines that the procedures of such Organization governing such supply, services, support, and acquisition are appropriate; and (2) may share the costs of set-up charges of facilities for use by the NATO Support and Procure

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

10 U.S.C. § 2350a — Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries

**(a) Authority To Engage in Cooperative R&D Projects.—** (1) The Secretary of Defense may enter into a memorandum of understanding (or other formal agreement) with one or more countries or organizations referred to in paragraph (2) for the purpose of conducting cooperative research and development projects on defense equipment and munitions. (2) The countries and organizations with which the Secretary may enter into a memorandum of agreement (or other formal agreement) under paragraph (1) are as follows: (A) The North Atlantic Treaty Organization. (B) A NATO organization. (C) A member nation of the North Atlantic Treaty Organization. (D) A major non-NATO ally. (E) Any other friendly foreign country. (F) The European Union, including the European Defence Agency, the European Commission, and the Council of the European Union, and their suborganizations. (3) If such a memorandum of understanding (or other formal agreement) is with a country referred to in subparagraph (E) of paragraph (2), such memorandum (or agreement) may go into effect only after the Secretary submits to the Committees on Armed Services and on Foreign Relations of the Senate and to the Committees on Armed Services and on International Relations of the House of Representatives a report with respect to the proposed memorandum (or agreement) and a period of 30 days has passed after the report has been submitted. **(b) Requirement That Projects Improve Conventional Defense Capabilities.—** (1) The Secretary of Defense may not enter into a memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project under this section unless the Secretary determines that the proposed project will improve, through the application of emerging technolo

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

10 U.S.C. § 2350e — NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense

**(a) Authority Under AWACS Program.—** The Secretary of Defense, in carrying out an AWACS memorandum of understanding, may do the following: (1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office: (A) Auditing. (B) Quality assurance. (C) Codification. (D) Inspection. (E) Contract administration. (F) Acceptance testing. (G) Certification services. (H) Planning, programming, and management services. (2) Waive any surcharge for administrative services otherwise chargeable. (3) In connection with that Program, assume contingent liability for— (A) program losses resulting from the gross negligence of any contracting officer of the United States; (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and (C) the United States share of the unfunded termination liability. **(b) Contract Authority Limitation.—** Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. **(c) Definition.—** In this section, the term “AWACS memorandum of understanding” means— (1) the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978; (2) the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984; (3) the Addendum to the Multilateral Memorandum of Understanding Between

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

10 U.S.C. § 2350b — Cooperative projects under Arms Export Control Act: acquisition of defense equipment

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

10 U.S.C. § 2407 — Untitled legal text

Page 1924 TITLE 10—ARMED FORCES [§ 2407 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL For effective date and applicability of repeal, see sec- tion 10001 of Pub. L. 103–355, set out as an Effective Date of 1994 Amendment note under section 8752 of this title. [§ 2407. Renumbered § 2350b] Statutory Notes and Related Subsidiaries 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. 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 de- fense 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. 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 De- fense in connection with NATO AWACS Program, was repealed

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