10 U.S.C. § 2350a — Cooperative research and development

Page 1886 TITLE 10—ARMED FORCES § 2350a Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, sup- plies, and services under authority of this subchapter that is initiated after Oct. 5, 1994, see section 1317(j) of Pub. L. 103–337, set out as a note under section 2341 of this title. SUBCHAPTER II—OTHER COOPERATIVE AGREEMENTS Sec. 2350a. Cooperative research and development agree- ments: NATO organizations; allied and friendly foreign countries. 2350b. Cooperative projects under Arms Export Con- trol Act: acquisition of defense equipment. 2350c. Cooperative military airlift agreements: al- lied countries. 2350d. Cooperative acquisition and logistics support agreements: NATO countries. 2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense. 2350f. Procurement of communications support and related supplies and services. 2350g. Authority to accept use of real property, services, and supplies from foreign coun- tries in connection with mutual defense agreements and occupational arrange- ments. 2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories. 2350i. Foreign contributions for cooperative projects. 2350j. Burden sharing contributions by designated countries and regional organizations. 2350k. Relocation within host nation of elements of armed forces overseas. 2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries and inter- national organizations. 2350m. Participation in European program on multi- lateral exchange of surface transportation services. 2350n. North Atlantic Treaty Organization Joint Force Command. 2350o. Participation in programs relating to coordi- nation or exchange of air refueling and air transportation services. 2350p. Reciprocal patient movement agreements. 2350q. Execution of projects under the North Atlan- tic Treaty Organization Security Invest- ment Program. 2350r. North Atlantic Treaty Organization Allied Special Operations Forces Command. 2350s. Authority to contribute to innovation fund. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title X, § 1051, title XIII, § 1301(a)(1), Dec. 23, 2024, 138 Stat. 2061, 2110, added item 2350s and substituted ‘‘Allied Special Operations Forces Command’’ for ‘‘Special Operations Headquarters’’ in item 2350r. Amendments were made pursuant to oper- ation of section 102 of this title. 2022—Pub. L. 117–263, div. A, title XII, §§ 1244(b)(1), 1271(b), Dec. 23, 2022, 136 Stat. 2845, 2860, substituted ‘‘acquisition and logistics support’’ for ‘‘logistic sup- port’’ in item 2350d and added item 2350r. Amendment to item 2350d was made pursuant to operation of sec- tion 102 of this title. 2021—Pub. L. 117–81, div. A, title X, § 1081(a)(29), title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 1921, 2154, re- designated item 2350m ‘‘Execution of projects under the North Atlantic Treaty Organization Security Invest- ment Program’’ as 2350q and repealed Pub. L. 116–283, div. A, title XVIII, § 1844(b)(2)(A), Jan. 1, 2021, 134 Stat. 4246, which had directed striking out item 2350l. Pub. L. 116–283, div. A, title XII, §§ 1202(b), 1203(b), 1204(b), div. B, title XXV, § 2503(b), Jan. 1, 2021, 134 Stat. 3910–3912, 4310, added items 2350m ‘‘Participation in Eu- ropean program on multilateral exchange of surface transportation services’’, 2350o, 2350p, and 2350m ‘‘Exe- cution of projects under the North Atlantic Treaty Or- ganization Security Investment Program’’. 2019—Pub. L. 116–92, div. A, title XII, § 1249(b), Dec. 20, 2019, 133 Stat. 1664, added item 2350n. 2016—Pub. L. 114–328, div. A, title XII, § 1241(o)(7), Dec. 23, 2016, 130 Stat. 2512, struck out item 2350m ‘‘Partici- pation in multinational military centers of excel- lence’’. 2008—Pub. L. 110–417, [div. A], title XII, § 1232(a)(2), Oct. 14, 2008, 122 Stat. 4639, added item 2350m. 2001—Pub. L. 107–107, div. A, title XII, §§ 1212(e)(2), 1213(b), Dec. 28, 2001, 115 Stat. 1250, 1251, substituted ‘‘Cooperative research and development agreements: NATO organizations; allied and friendly foreign coun- tries’’ for ‘‘Cooperative research and development projects: allied countries’’ in item 2350a and added item 2350l. 1996—Pub. L. 104–106, div. A, title XIII, § 1332(a)(2), Feb. 10, 1996, 110 Stat. 484, added item 2350k. 1993—Pub. L. 103–160, div. A, title XIV, § 1402(b), Nov. 30, 1993, 107 Stat. 1826, added item 2350j. 1991—Pub. L. 102–190, div. A, title X, § 1047(b), Dec. 5, 1991, 105 Stat. 1468, added item 2350i. Pub. L. 102–25, title VII, § 704(a)(9), Apr. 6, 1991, 105 Stat. 119, made clarifying amendment to directory lan- guage of Pub. L. 101–510, div. A, title XIV, § 1451(b)(2), Nov. 5, 1990, 104 Stat. 1693. See 1990 Amendment note below. 1990—Pub. L. 101–510, div. A, title XIV, § 1452(a)(2), Nov. 5, 1990, 104 Stat. 1694, added item 2350h. Pub. L. 101–510, div. A, title XIV, § 1451(b)(2), Nov. 5, 1990, 104 Stat. 1693, as amended by Pub. L. 102–25, title VII, § 704(a)(9), Apr. 6, 1991, 105 Stat. 119, added item 2350g. § 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 para- graph (2) for the purpose of conducting coopera- tive research and development projects on de- fense 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 Euro- pean Defence Agency, the European Commis- sion, 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 re- ferred 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 Page 1887 TITLE 10—ARMED FORCES § 2350a 1 See References in Text note below. on Armed Services and on International Rela- tions 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 CON- VENTIONAL DEFENSE CAPABILITIES.—(1) The Sec- retary of Defense may not enter into a memo- randum of understanding (or other formal agree- ment) to conduct a cooperative research and de- velopment project under this section unless the Secretary determines that the proposed project will improve, through the application of emerg- ing technology, the conventional defense capa- bilities of the North Atlantic Treaty Organiza- tion or the common conventional defense capa- bilities of the United States and a country or or- ganization referred to in subsection (a)(2). (2) The authority of the Secretary to make a determination under paragraph (1) may only be delegated to the Deputy Secretary of Defense, the Under Secretary of Defense for Acquisition and Sustainment, or the Under Secretary of De- fense for Research and Engineering. (c) COST SHARING.— (1) Except as provided in paragraph (2), each cooperative research and development project entered into under this section shall require sharing of the costs of the project (including the costs of claims) between the participants on an equitable basis. (2) A cooperative research and development project may be entered into under this section under which costs are shared between the par- ticipants on an unequal basis if the Secretary of Defense, or an official specified in sub- section (b)(2) to whom the Secretary delegates authority under this paragraph, makes a writ- ten determination that unequal cost sharing provides strategic value to the United States or another participant in the project. (3) For purposes of this subsection, the term ‘‘cost’’ means the total value of cash and non- cash contributions. (d) RESTRICTIONS ON PROCUREMENT OF EQUIP- MENT AND SERVICES.—(1) In order to assure sub- stantial participation on the part of countries and organizations referred to in subsection (a)(2) in cooperative research and development projects, funds made available for such projects may not be used to procure equipment or serv- ices from any foreign government, foreign re- search organization, or other foreign entity. (2) A country or organization referred to in subsection (a)(2) may not use any military or economic assistance grant, loan, or other funds provided by the United States for the purpose of making the contribution of that country or or- ganization to a cooperative research and devel- opment program entered into with the United States under this section. (e) COOPERATIVE OPPORTUNITIES.—(1) In order to ensure that opportunities to conduct coopera- tive research and development projects are con- sidered at an early point during the formal de- velopment review process of the Department of Defense in connection with any planned project of the Department, opportunities for such coop- erative research and development shall be ad- dressed in the acquisition strategy for the project. (2) A cooperative opportunities discussion re- ferred to in paragraph (1) shall consider the fol- lowing: (A) Whether or not a project similar to the one under consideration by the Department of Defense is in development or production by any country or organization referred to in sub- section (a)(2) or NATO organizations. (B) If a project similar to the one under con- sideration by the Department of Defense is in development or production by one or more countries and organizations referred to in sub- section (a)(2), an assessment as to whether that project could satisfy, or could be modified in scope so as to satisfy, the military require- ments of the project. (C) An assessment of the advantages and dis- advantages with regard to program timing, de- velopmental and life cycle costs, technology sharing, and Rationalization, Standardization, and Interoperability (RSI) of seeking to struc- ture a cooperative development program with one or more countries and organizations re- ferred to in subsection (a)(2) or NATO organi- zations. (D) A recommendation to the milestone de- cision authority as to whether the Department of Defense should explore the feasibility and desirability of a cooperative development pro- gram with one or more countries and organiza- tions referred to in subsection (a)(2) or NATO organizations. [(f) Repealed. Pub. L. 108–136, div. A, title X, § 1031(a)(17), Nov. 24, 2003, 117 Stat. 1597.] (g) SIDE-BY-SIDE TESTING.—(1) It is the sense of Congress— (A) that the Secretary of Defense should test covered equipment, munitions, and tech- nologies to determine the ability of such cov- ered equipment, munitions, and technologies to satisfy United States military requirements or to correct operational deficiencies; and (B) that while the testing of nondevelop- mental items and items in the late state of the development process are preferred, the testing of such covered equipment, munitions, and technologies may be conducted to determine procurement alternatives. (2) The Secretary of Defense may acquire cov- ered equipment, munitions, and technologies for the purpose of conducting the testing described in that paragraph. (3) The use of side-by-side testing under this subsection may be considered to be the use of competitive procedures for purposes of chapter 137 1 of this title, when procuring items within 5 years after an initial determination that the items have been successfully tested and found to satisfy United States military requirements or to correct operational deficiencies. (4) COVERED EQUIPMENT, MUNITIONS, AND TECH- NOLOGIES DEFINED.—In this subsection, the term ‘‘covered equipment, munitions, and tech- nologies’’ means— (A) conventional defense equipment, muni- tions, and technologies manufactured and de- veloped by countries referred to in subsection (a)(2); and Page 1888 TITLE 10—ARMED FORCES § 2350a (B) conventional defense equipment, muni- tions, and technologies manufactured and de- veloped domestically. (h) SECRETARY TO ENCOURAGE SIMILAR PRO- GRAMS.—The Secretary of Defense shall encour- age member nations of the North Atlantic Trea- ty Organization, major non-NATO allies, and other friendly foreign countries to establish pro- grams similar to the one provided for in this section. (i) DEFINITIONS.—In this section: (1) The term ‘‘cooperative research and de- velopment project’’ means a project involving joint participation by the United States and one or more countries and organizations re- ferred to in subsection (a)(2) under a memo- randum of understanding (or other formal agreement) to carry out a joint research and development program— (A) to develop new conventional defense equipment and munitions; or (B) to modify existing military equipment to meet United States military require- ments. (2) The term ‘‘major non-NATO ally’’ means a country (other than a member nation of the North Atlantic Treaty Organization) that is designated as a major non-NATO ally for pur- poses of this section by the Secretary of De- fense with the concurrence of the Secretary of State. (3) The term ‘‘NATO organization’’ means any North Atlantic Treaty Organization sub- sidiary body referred to in section 2350(2) of this title and any other organization of the North Atlantic Treaty Organization. (Added Pub. L. 101–189, div. A, title IX, § 931(a)(2), Nov. 29, 1989, 103 Stat. 1531; amended Pub. L. 101–510, div. A, title XIII, § 1331(4), Nov. 5, 1990, 104 Stat. 1673; Pub. L. 102–190, div. A, title X, § 1053, Dec. 5, 1991, 105 Stat. 1471; Pub. L. 102–484, div. A, title VIII, § 843(b)(1), Oct. 23, 1992, 106 Stat. 2469; Pub. L. 103–160, div. A, title IX, § 904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 103–337, div. A, title XIII, § 1301, Oct. 5, 1994, 108 Stat. 2888; Pub. L. 104–106, div. A, title XV, § 1502(a)(17), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106–65, div. A, title IX, § 911(a)(1), title X, § 1067(1), Oct. 5, 1999, 113 Stat. 717, 774; Pub. L. 107–107, div. A, title X, § 1048(b)(2), title XII, § 1212(a)–(e)(1), Dec. 28, 2001, 115 Stat. 1225, 1248–1250; Pub. L. 107–314, div. A, title X, §§ 1041(a)(9), 1062(f)(2), Dec. 2, 2002, 116 Stat. 2645, 2651; Pub. L. 108–136, div. A, title X, § 1031(a)(17), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 110–181, div. A, title II, § 237, title XII, § 1251, Jan. 28, 2008, 122 Stat. 48, 401; Pub. L. 111–383, div. A, title IX, § 901(j)(4), Jan. 7, 2011, 124 Stat. 4324; Pub. L. 112–81, div. A, title VIII, § 865, title X, § 1061(14), Dec. 31, 2011, 125 Stat. 1526, 1583; Pub. L. 114–92, div. A, title VIII, § 821(b)(1), Nov. 25, 2015, 129 Stat. 900; Pub. L. 114–328, div. A, title VIII, § 827, Dec. 23, 2016, 130 Stat. 2280; Pub. L. 116–92, div. A, title IX, § 902(54), Dec. 20, 2019, 133 Stat. 1549; Pub. L. 116–283, div. A, title II, § 211, title VIII, § 882, Jan. 1, 2021, 134 Stat. 3455, 3790; Pub. L. 117–263, div. A, title II, § 211(a), Dec. 23, 2022, 136 Stat. 2466.) Editorial Notes REFERENCES IN TEXT Chapter 137 of this title, referred to in subsec. (g)(3), was repealed by Pub. L. 116–283, div. A, title XVIII, § 1881(a), Jan. 1, 2021, 134 Stat. 4293, effective Jan. 1, 2022, in conjunction with the transfer and reorganiza- tion of acquisition provisions in this title by Pub. L. 116–283, div. A, title XVIII, Jan. 1, 2022, 134 Stat. 4149. For definition of ‘‘chapter 137 legacy provisions’’, see section 3016 of this title. PRIOR PROVISIONS Provisions relating to NATO countries were con- tained in Pub. L. 99–145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712, which was set out as a note under section 2407 of this title, prior to repeal by Pub. L. 101–189, § 931(d)(1). Provisions relating to major non-NATO allies were contained in section 2767a of Title 22, Foreign Relations and Intercourse, prior to repeal by Pub. L. 101–189, § 931(d)(2). AMENDMENTS 2022—Subsec. (a)(2)(F). Pub. L. 117–263 added subpar. (F). 2021—Subsec. (b)(2). Pub. L. 116–283, § 211(1), sub- stituted ‘‘or the Under Secretary’’ for ‘‘and the Under Secretary’’. Subsec. (c). Pub. L. 116–283, § 211(2), designated exist- ing provisions as par. (1), substituted ‘‘Except as pro- vided in paragraph (2), each cooperative’’ for ‘‘Each co- operative’’, and added pars. (2) and (3). Subsec. (g)(1)(A). Pub. L. 116–283, § 882(1)(A), sub- stituted ‘‘covered equipment, munitions, and tech- nologies’’ for ‘‘conventional defense equipment, muni- tions, and technologies manufactured and developed by countries referred to in subsection (a)(2)’’ and ‘‘such covered equipment, munitions, and technologies’’ for ‘‘such equipment, munitions, and technologies’’. Subsec. (g)(1)(B). Pub. L. 116–283, § 882(1)(B), inserted ‘‘such covered’’ before ‘‘equipment, munitions, and technologies’’. Subsec. (g)(2). Pub. L. 116–283, § 882(2), substituted ‘‘covered equipment, munitions, and technologies’’ for ‘‘equipment, munitions, and technologies of the type described in paragraph (1)’’. Subsec. (g)(4). Pub. L. 116–283, § 882(3), added par. (4). 2019—Subsec. (b)(2). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment, and the Under Secretary of Defense for Research and Engineering’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering’’. 2016—Subsec. (g)(3). Pub. L. 114–328 added par. (3). 2015—Subsec. (e). Pub. L. 114–92, § 821(b)(1)(A), struck out ‘‘Document’’ after ‘‘Cooperative Opportunities’’ in heading. Subsec. (e)(1). Pub. L. 114–92, § 821(b)(1)(B), substituted ‘‘opportunities for such cooperative research and devel- opment shall be addressed in the acquisition strategy for the project’’ for ‘‘the Under Secretary of Defense for Acquisition, Technology, and Logistics shall prepare a cooperative opportunities document before the first milestone or decision point with respect to that project for review by the Defense Acquisition Board at formal meetings of the Board’’. Subsec. (e)(2). Pub. L. 114–92, § 821(b)(1)(C)(i), sub- stituted ‘‘discussion’’ for ‘‘document’’ and ‘‘consider’’ for ‘‘include’’ in introductory provisions. Subsec. (e)(2)(A). Pub. L. 114–92, § 821(b)(1)(C)(ii), sub- stituted ‘‘Whether’’ for ‘‘A statement indicating wheth- er’’. Subsec. (e)(2)(B). Pub. L. 114–92, § 821(b)(1)(C)(iii), struck out ‘‘by the Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’ after ‘‘an assess- ment’’ and ‘‘of the United States under consideration by the Department of Defense’’ after ‘‘of the project’’. Subsec. (e)(2)(D). Pub. L. 114–92, § 821(b)(1)(C)(iv), sub- stituted ‘‘A recommendation to the milestone decision Page 1889 TITLE 10—ARMED FORCES § 2350a authority’’ for ‘‘The recommendation of the Under Sec- retary’’. 2011—Subsec. (b)(2). Pub. L. 112–81, § 865, substituted ‘‘, the Under Secretary of Defense for Acquisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering’’ for ‘‘and to one other official of the Department of Defense’’. Subsec. (g)(3). Pub. L. 112–81, § 1061(14), struck out par. (3) which read as follows: ‘‘The Assistant Secretary of Defense for Research and Engineering shall notify the congressional defense committees of the intent to obli- gate funds made available to carry out this subsection not less than 7 days before such funds are obligated.’’ Pub. L. 111–383 substituted ‘‘Assistant Secretary of Defense for Research and Engineering’’ for ‘‘Director of Defense Research and Engineering’’. 2008—Subsec. (e)(1). Pub. L. 110–181, § 1251(1), struck out subpar. (A) designation before ‘‘In order to ensure’’, substituted ‘‘a cooperative opportunities document be- fore the first milestone or decision point’’ for ‘‘an arms cooperation opportunities document’’, and struck out subpar. (B) which read as follows: ‘‘The Under Sec- retary shall also prepare an arms cooperation opportu- nities document for review of each new project for which a document known as a Mission Need Statement is prepared.’’ Subsec. (e)(2). Pub. L. 110–181, § 1251(2), substituted ‘‘A cooperative opportunities document’’ for ‘‘An arms co- operation opportunities document’’ in introductory provisions. Subsec. (g)(3). Pub. L. 110–181, § 237, amended par. (3) generally. Prior to amendment, par. (3) read as follows: ‘‘The Deputy Director, Defense Research and Engineer- ing (Test and Evaluation) shall notify the Speaker of the House of Representatives and the Committees on Armed Services and on Appropriations of the Senate of the Deputy Director’s intent to obligate funds made available to carry out this subsection not less than 30 days before such funds are obligated.’’ 2003—Subsec. (f). Pub. L. 108–136 struck out subsec. (f) which required that, not later than Mar. 1 of each year, the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics was to submit to the Speaker of the House and the Committees on Armed Services and Appropriations of the Senate a report on cooperative research and development projects under this section, and that, not later than Jan. 1 of each year, the Sec- retary of Defense was to submit to the Committees on Armed Services and Foreign Relations of the Senate and Committees on Armed Services and International Relations of the House a report specifying the coun- tries eligible to participate in a cooperative project agreement under this section and the criteria used to determine the eligibility of such countries. 2002—Subsec. (g)(1)(A). Pub. L. 107–314, § 1062(f)(2), amended directory language of Pub. L. 107–107, § 1212(a)(5). See 2001 Amendment note below. Subsec. (g)(4). Pub. L. 107–314, § 1041(a)(9), struck out par. (4) which read as follows: ‘‘The Secretary of De- fense shall submit to Congress each year, not later than March 1, a report containing information on— ‘‘(A) the equipment, munitions, and technologies manufactured and developed by countries referred to in subsection (a)(2) that were evaluated under this subsection during the previous fiscal year; ‘‘(B) the obligation of any funds under this sub- section during the previous fiscal year; and ‘‘(C) the equipment, munitions, and technologies that were tested under this subsection and procured during the previous fiscal year.’’ Subsec. (g)(4)(A). Pub. L. 107–314, § 1062(f)(2), amended directory language of Pub. L. 107–107, § 1212(a)(5). See 2001 Amendment note below. 2001—Pub. L. 107–107, § 1212(e)(1), substituted ‘‘Cooper- ative research and development agreements: NATO or- ganizations; allied and friendly foreign countries’’ for ‘‘Cooperative research and development projects: allied countries’’ in section catchline. Subsec. (a)(1). Pub. L. 107–107, § 1212(a)(1)(A), (B), des- ignated existing provisions of subsec. (a) as par. (1) and substituted ‘‘countries or organizations referred to in paragraph (2)’’ for ‘‘major allies of the United States or NATO organizations’’. Subsec. (a)(2). Pub. L. 107–107, § 1212(a)(1)(C), added par. (2). Subsec. (a)(3). Pub. L. 107–107, § 1212(b), added par. (3). Subsec. (b)(1). Pub. L. 107–107, § 1212(a)(2), struck out ‘‘(NATO)’’ after ‘‘North Atlantic Treaty Organization’’ and substituted ‘‘a country or organization referred to in subsection (a)(2)’’ for ‘‘its major non-NATO allies’’. Subsec. (b)(2). Pub. L. 107–107, § 1212(c), substituted ‘‘Deputy Secretary of Defense and to one other official of the Department of Defense’’ for ‘‘Deputy Secretary of Defense or the Under Secretary of Defense for Acqui- sition, Technology, and Logistics’’. Subsec. (d)(1). Pub. L. 107–107, § 1212(a)(3)(A), sub- stituted ‘‘countries and organizations referred to in subsection (a)(2)’’ for ‘‘the major allies of the United States’’. Subsec. (d)(2). Pub. L. 107–107, § 1212(a)(3)(B), sub- stituted ‘‘country or organization referred to in sub- section (a)(2)’’ for ‘‘major ally of the United States’’ and ‘‘the contribution of that country or organization’’ for ‘‘that ally’s contribution’’. Subsec. (e)(1)(A). Pub. L. 107–107, § 1048(b)(2), sub- stituted ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ for ‘‘Under Secretary of De- fense for Acquisition and Technology’’. Subsec. (e)(2)(A). Pub. L. 107–107, § 1212(a)(4)(A), sub- stituted ‘‘any country or organization referred to in subsection (a)(2)’’ for ‘‘one or more of the major allies of the United States’’. Subsec. (e)(2)(B). Pub. L. 107–107, §§ 1048(b)(2), 1212(a)(4)(B), substituted ‘‘countries and organizations referred to in subsection (a)(2)’’ for ‘‘major allies of the United States or NATO organizations’’ and ‘‘Under Sec- retary of Defense for Acquisition, Technology, and Lo- gistics’’ for ‘‘Under Secretary of Defense for Acquisi- tion and Technology’’. Subsec. (e)(2)(C). Pub. L. 107–107, § 1212(a)(4)(C), sub- stituted ‘‘countries and organizations referred to in subsection (a)(2)’’ for ‘‘major allies of the United States’’. Subsec. (e)(2)(D). Pub. L. 107–107, § 1212(a)(4)(D), sub- stituted ‘‘countries and organizations referred to in subsection (a)(2)’’ for ‘‘major allies of the United States’’. Subsec. (f)(1). Pub. L. 107–107, § 1048(b)(2), substituted ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’ for ‘‘Under Secretary of Defense for Acquisition and Technology’’. Subsec. (f)(2). Pub. L. 107–107, § 1212(d), amended par. (2) generally. Prior to amendment, par. (2) read as fol- lows: ‘‘The Secretary of Defense and the Secretary of State, whenever they consider such action to be war- ranted, shall jointly submit to the Committee on Armed Services and the Committee on Foreign Rela- tions of the Senate and the Committee on Armed Serv- ices and the Committee on International Relations of the House of Representatives a report— ‘‘(A) enumerating those countries to be added to or deleted from the existing designation of countries designated as major non-NATO allies for purposes of this section; and ‘‘(B) specifying the criteria used in determining the eligibility of a country to be designated as a major non-NATO ally for purposes of this section.’’ Subsec. (g)(1)(A), (4)(A). Pub. L. 107–107, § 1212(a)(5), as amended by Pub. L. 107–314, § 1062(f)(2), substituted ‘‘countries referred to in subsection (a)(2)’’ for ‘‘major allies of the United States and other friendly foreign countries’’. Subsec. (h). Pub. L. 107–107, § 1212(a)(6), substituted ‘‘member nations of the North Atlantic Treaty Organi- zation, major non-NATO allies, and other friendly for- eign countries’’ for ‘‘major allies of the United States’’. Subsec. (i)(1). Pub. L. 107–107, § 1212(a)(7)(A), sub- stituted ‘‘countries and organizations referred to in subsection (a)(2)’’ for ‘‘major allies of the United States or NATO organizations’’. Page 1890 TITLE 10—ARMED FORCES § 2350a Subsec. (i)(2) to (4). Pub. L. 107–107, § 1212(a)(7)(B), (C), redesignated pars. (3) and (4) as (2) and (3), respectively, and struck out former par. (2) which read as follows: ‘‘The term ‘major ally of the United States’ means— ‘‘(A) a member nation of the North Atlantic Treaty Organization (other than the United States); or ‘‘(B) a major non-NATO ally.’’ 1999—Subsec. (b)(2). Pub. L. 106–65, § 911(a)(1), sub- stituted ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ for ‘‘Under Secretary of De- fense for Acquisition and Technology’’. Subsec. (f)(2). Pub. L. 106–65, § 1067(1), substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Committee on National Security’’. 1996—Subsec. (f)(2). Pub. L. 104–106 substituted ‘‘sub- mit to the Committee on Armed Services and the Com- mittee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representa- tives’’ for ‘‘submit to the Committees on Armed Serv- ices and Foreign Relations of the Senate and to the Committees on Armed Services and Foreign Affairs of the House of Representatives’’. 1994—Subsecs. (a), (e)(2)(A) to (D), (i)(1). Pub. L. 103–337, § 1301(a), inserted ‘‘or NATO organizations’’ after ‘‘major allies of the United States’’. Subsec. (i)(4). Pub. L. 103–337, § 1301(b), added par. (4). 1993—Subsecs. (b)(2), (e)(1)(A), (2)(B), (f)(1). Pub. L. 103–160 substituted ‘‘Under Secretary of Defense for Ac- quisition and Technology’’ for ‘‘Under Secretary of De- fense for Acquisition’’. 1992—Subsec. (c). Pub. L. 102–484 inserted ‘‘(including the costs of claims)’’ after ‘‘the project’’. 1991—Subsec. (g)(1)(A), (4)(A). Pub. L. 102–190 inserted ‘‘and other friendly foreign countries’’ after ‘‘major al- lies of the United States’’. 1990—Subsec. (g)(4). Pub. L. 101–510 amended introduc- tory provisions generally, substituting ‘‘submit to Con- gress each year, not later than March 1, a report con- taining’’ for ‘‘include in the annual report to Congress required by section 2457(d) of this title’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Pub. L. 111–383, set out as a note under section 131 of this title. EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107–314, div. A, title X, § 1062(f), Dec. 2, 2002, 116 Stat. 2651, provided that the amendment made by section 1062(f)(2) is effective as of Dec. 28, 2001, and as if included in Pub. L. 107–107 as enacted. TERMINATION DATE OF 1992 AMENDMENT Pub. L. 102–484, div. A, title VIII, § 843(c), Oct. 23, 1992, 106 Stat. 2469, as amended by Pub. L. 103–35, title II, § 202(a)(7), May 31, 1993, 107 Stat. 101, provided that, ef- fective Oct. 23, 1994, subsections (a) and (b) of section 843 of Pub. L. 102–484 (amending sections 2350a and 2350d of this title and section 2767 of Title 22, Foreign Rela- tions and Intercourse) were to cease to be in effect, and section 27(c) of the Arms Export Control Act (22 U.S.C. 2767(c)) and sections 2350a(c) and 2350d(c) of this title were to read as if such subsections had not been en- acted, prior to repeal by Pub. L. 103–337, div. A, title XIII, § 1318, Oct. 5, 1994, 108 Stat. 2902. CONFORMING REGULATIONS Pub. L. 117–263, div. A, title II, § 211(c), Dec. 23, 2022, 136 Stat. 2466, provided that: ‘‘Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall revise the Depart- ment of Defense Supplement to the Federal Acquisition Regulation to conform with section 2350a of title 10, United States Code, as amended by subsection (a).’’ AGREEMENTS WITH FOREIGN GOVERNMENTS TO DE- VELOP LAND-BASED WATER RESOURCES IN SUPPORT OF AND IN PREPARATION FOR CONTINGENCY OPER- ATIONS Pub. L. 114–328, div. A, title XII, § 1291, Dec. 23, 2016, 130 Stat. 2558, provided that: ‘‘(a) AGREEMENTS AUTHORIZED.—The Secretary of De- fense, with the concurrence of the Secretary of State, is authorized to enter into agreements with the govern- ments of foreign countries to develop land-based water resources in support of and in preparation for contin- gency operations, including water selection, pumping, purification, storage, distribution, cooling, consump- tion, water reuse, water source intelligence, research and development, training, acquisition of water support equipment, and water support operations. ‘‘(b) NOTIFICATION REQUIRED.—Not later than 30 days after entering into an agreement under subsection (a), the Secretary of Defense shall notify the appropriate congressional committees of the existence of the agree- ment and provide a summary of the terms of the agree- ment. ‘‘(c) DEFINITION.—In this section, the term ‘appro- priate congressional committees’ means— ‘‘(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives.’’ ADMINISTRATION OF THE AMERICAN, BRITISH, CANADIAN, AND AUSTRALIAN ARMIES’ PROGRAM AND THE FIVE EYES AIR FORCE INTEROPERABILITY COUNCIL Pub. L. 112–239, div. A, title XII, § 1274, Jan. 2, 2013, 126 Stat. 2026, as amended by Pub. L. 115–91, div. A, title XII, § 1274, Dec. 12, 2017, 131 Stat. 1697; Pub. L. 117–81, div. A, title XIII, § 1321, Dec. 27, 2021, 135 Stat. 2002; Pub. L. 118–31, div. A, title XII, § 1222, Dec. 22, 2023, 137 Stat. 453, provided that: ‘‘(a) AUTHORITY.—As part of the participation by the United States in the land-force program known as the American, British, Canadian, and Australian Armies’ Program or the air force [sic] program known as the Five Eyes Air Force Interoperability Council (in this section referred to as the ‘Program’), the Secretary of Defense may, with the concurrence of the Secretary of State, enter into agreements with the other partici- pating countries in accordance with this section, and the Program shall be managed pursuant to a joint agreement among the participating countries. ‘‘(b) PARTICIPATING COUNTRIES.—In addition to the United States, the countries participating in the Pro- gram are the following: ‘‘(1) Australia. ‘‘(2) Canada. ‘‘(3) New Zealand. ‘‘(4) The United Kingdom. ‘‘(c) CONTRIBUTIONS BY PARTICIPANTS.— ‘‘(1) IN GENERAL.—An agreement under subsection (a) shall provide that— ‘‘(A) the United States, as the host country for the Program, shall provide office facilities and re- lated office equipment and supplies for the Pro- gram; and ‘‘(B) each participating country shall contribute its equitable share of the remaining costs for the Program, including— ‘‘(i) the agreed upon share of administrative costs related to the Program, except the costs for facilities and equipment and supplies described in subparagraph (A); and ‘‘(ii) any amount allocated against the country for monetary claims as a result of participation 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 accordance with such terms, conditions, and procedures as the members of the Program consider appro- priate, and any resulting proceeds shall be cred- ited to appropriations of the appropriate military department, as described in subparagraph (B); or ‘‘(iii) converted into a form usable by the Pro- gram. ‘‘(D) USE OF CREDITED FUNDS.— ‘‘(i) IN GENERAL.—Amounts credited under sub- paragraph (B) or (C)(ii) shall be— ‘‘(I) merged with amounts in the appropria- tion concerned; ‘‘(II) subject to the same conditions and limi- tations as amounts in such appropriation; and ‘‘(III) available for payment of Program ex- penses described in clause (ii). ‘‘(ii) PROGRAM EXPENSES DESCRIBED.—The Pro- gram expenses described in this clause include— ‘‘(I) payments to contractors and other sup- pliers, including the Department of Defense and participating countries acting as suppliers, for necessary goods and services of the Program; ‘‘(II) payments for any damages or costs re- sulting from the performance or cancellation of any contract or other obligation in support of the Program; ‘‘(III) payments or reimbursements for other Program expenses; or ‘‘(IV) refunds to other participating countries. ‘‘(d) AUTHORITY TO CONTRACT FOR PROGRAM ACTIVI- TIES.—As part of the participation by the United States in the Program, the Secretary of Defense may enter into contracts or incur other obligations on behalf of the other participating countries for activities under the Program. Any payment for such a contract or other obligation under this subsection may be paid only from contributions credited to an appropriation under sub- section (c)(4). ‘‘(e) DISPOSAL OF PROPERTY.—As part of the partici- pation by the United States in the Program, the Sec- retary of Defense may, with respect to any property that is jointly acquired by the countries participating in the Program, agree to the disposal of the property without regard to any law of the United States that is otherwise applicable to the disposal of property owned by the United States. Such disposal may include the transfer of the interest of the United States in the property to one or more of the other participating countries or the sale of the property. Reimbursement for the value of the property disposed of (including the value of the interest of the United States in the prop- erty) shall be made in accordance with an agreement under subsection (a). ‘‘(f) REPORTS.—Not later than 60 days before the expi- ration date of any agreement under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Rep- resentatives a report on the activities, costs, and ac- complishments of the Program during the five-year pe- riod ending on the date of such report.’’ § 2350b. Cooperative projects under Arms Export Control Act: acquisition of defense equip- ment (a)(1) If the President delegates to the Sec- retary of Defense the authority to carry out sec- tion 27(d) of the Arms Export Control Act (22 U.S.C. 2767(d)), 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), chap- ter 137 1 of this title shall apply to such con- tracts (referred to in paragraph (1)) entered into by the Secretary of Defense. Except to the ex- tent waived under subsection (c) or some other provision of law, all other provisions of law re- lating 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 De- fense may waive with respect to any such con- tract or subcontract the application of any pro- vision 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 forma- tion of contracts; (B) terms and conditions to be included in contracts; (C) requirements for or preferences to be given to goods grown, produced, or manufac- tured 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 coopera- tive project will significantly further standard- ization, rationalization, and interoperability.