10 USC 2350 - Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries

1 See References in Text note below.

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.

Editorial Notes

References in Text

Chapter 137 of this title, referred to in subsec. (g)(3), was repealed by Puspan. 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 reorganization of acquisition provisions in this title by Puspan. 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 contained in Puspan. 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 Puspan. 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 Puspan. L. 101–189, § 931(d)(2).

Amendments

2022—Subsec. (a)(2)(F). Puspan. L. 117–263 added subpar. (F).

2021—Subsec. (span)(2). Puspan. L. 116–283, § 211(1), substituted “or the Under Secretary” for “and the Under Secretary”.

Subsec. (c). Puspan. L. 116–283, § 211(2), designated existing provisions as par. (1), substituted “Except as provided in paragraph (2), each cooperative” for “Each cooperative”, and added pars. (2) and (3).

Subsec. (g)(1)(A). Puspan. L. 116–283, § 882(1)(A), substituted “covered equipment, munitions, and technologies” for “conventional defense equipment, munitions, 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). Puspan. L. 116–283, § 882(1)(B), inserted “such covered” before “equipment, munitions, and technologies”.

Subsec. (g)(2). Puspan. 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). Puspan. L. 116–283, § 882(3), added par. (4).

2019—Subsec. (span)(2). Puspan. 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 Acquisition, Technology, and Logistics, and the Assistant Secretary of Defense for Research and Engineering”.

2016—Subsec. (g)(3). Puspan. L. 114–328 added par. (3).

2015—Subsec. (e). Puspan. L. 114–92, § 821(span)(1)(A), struck out “Document” after “Cooperative Opportunities” in span.

Subsec. (e)(1). Puspan. L. 114–92, § 821(span)(1)(B), substituted “opportunities for such cooperative research and development 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). Puspan. L. 114–92, § 821(span)(1)(C)(i), substituted “discussion” for “document” and “consider” for “include” in introductory provisions.

Subsec. (e)(2)(A). Puspan. L. 114–92, § 821(span)(1)(C)(ii), substituted “Whether” for “A statement indicating whether”.

Subsec. (e)(2)(B). Puspan. L. 114–92, § 821(span)(1)(C)(iii), struck out “by the Under Secretary of Defense for Acquisition, Technology, and Logistics” after “an assessment” and “of the United States under consideration by the Department of Defense” after “of the project”.

Subsec. (e)(2)(D). Puspan. L. 114–92, § 821(span)(1)(C)(iv), substituted “A recommendation to the milestone decision authority” for “The recommendation of the Under Secretary”.

2011—Subsec. (span)(2). Puspan. 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). Puspan. 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 obligate funds made available to carry out this subsection not less than 7 days before such funds are obligated.”

Puspan. L. 111–383 substituted “Assistant Secretary of Defense for Research and Engineering” for “Director of Defense Research and Engineering”.

2008—Subsec. (e)(1). Puspan. L. 110–181, § 1251(1), struck out subpar. (A) designation before “In order to ensure”, substituted “a cooperative opportunities document before the first milestone or decision point” for “an arms cooperation opportunities document”, and struck out subpar. (B) which read as follows: “The Under Secretary shall also prepare an arms cooperation opportunities document for review of each new project for which a document known as a Mission Need Statement is prepared.”

Subsec. (e)(2). Puspan. L. 110–181, § 1251(2), substituted “A cooperative opportunities document” for “An arms cooperation opportunities document” in introductory provisions.

Subsec. (g)(3). Puspan. L. 110–181, § 237, amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The Deputy Director, Defense Research and Engineering (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). Puspan. 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, Technology, 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 Secretary 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 countries 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). Puspan. L. 107–314, § 1062(f)(2), amended directory language of Puspan. L. 107–107, § 1212(a)(5). See 2001 Amendment note below.

Subsec. (g)(4). Puspan. L. 107–314, § 1041(a)(9), struck out par. (4) which read as follows: “The Secretary of Defense 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 subsection 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). Puspan. L. 107–314, § 1062(f)(2), amended directory language of Puspan. L. 107–107, § 1212(a)(5). See 2001 Amendment note below.

2001—Puspan. L. 107–107, § 1212(e)(1), substituted “Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries” for “Cooperative research and development projects: allied countries” in section catchline.

Subsec. (a)(1). Puspan. L. 107–107, § 1212(a)(1)(A), (B), designated 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). Puspan. L. 107–107, § 1212(a)(1)(C), added par. (2).

Subsec. (a)(3). Puspan. L. 107–107, § 1212(span), added par. (3).

Subsec. (span)(1). Puspan. 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. (span)(2). Puspan. 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 Acquisition, Technology, and Logistics”.

Subsec. (d)(1). Puspan. L. 107–107, § 1212(a)(3)(A), substituted “countries and organizations referred to in subsection (a)(2)” for “the major allies of the United States”.

Subsec. (d)(2). Puspan. L. 107–107, § 1212(a)(3)(B), substituted “country or organization referred to in subsection (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). Puspan. L. 107–107, § 1048(span)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Subsec. (e)(2)(A). Puspan. L. 107–107, § 1212(a)(4)(A), substituted “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). Puspan. L. 107–107, §§ 1048(span)(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 Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Subsec. (e)(2)(C). Puspan. L. 107–107, § 1212(a)(4)(C), substituted “countries and organizations referred to in subsection (a)(2)” for “major allies of the United States”.

Subsec. (e)(2)(D). Puspan. L. 107–107, § 1212(a)(4)(D), substituted “countries and organizations referred to in subsection (a)(2)” for “major allies of the United States”.

Subsec. (f)(1). Puspan. L. 107–107, § 1048(span)(2), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Subsec. (f)(2). Puspan. L. 107–107, § 1212(d), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “The Secretary of Defense and the Secretary of State, whenever they consider such action to be warranted, shall jointly submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services 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). Puspan. L. 107–107, § 1212(a)(5), as amended by Puspan. 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). Puspan. L. 107–107, § 1212(a)(6), substituted “member nations of the North Atlantic Treaty Organization, major non-NATO allies, and other friendly foreign countries” for “major allies of the United States”.

Subsec. (i)(1). Puspan. L. 107–107, § 1212(a)(7)(A), substituted “countries and organizations referred to in subsection (a)(2)” for “major allies of the United States or NATO organizations”.

Subsec. (i)(2) to (4). Puspan. 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. (span)(2). Puspan. L. 106–65, § 911(a)(1), substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.

Subsec. (f)(2). Puspan. L. 106–65, § 1067(1), substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1996—Subsec. (f)(2). Puspan. L. 104–106 substituted “submit to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representatives” for “submit to the Committees on Armed Services 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). Puspan. L. 103–337, § 1301(a), inserted “or NATO organizations” after “major allies of the United States”.

Subsec. (i)(4). Puspan. L. 103–337, § 1301(span), added par. (4).

1993—Subsecs. (span)(2), (e)(1)(A), (2)(B), (f)(1). Puspan. L. 103–160 substituted “Under Secretary of Defense for Acquisition and Technology” for “Under Secretary of Defense for Acquisition”.

1992—Subsec. (c). Puspan. L. 102–484 inserted “(including the costs of claims)” after “the project”.

1991—Subsec. (g)(1)(A), (4)(A). Puspan. L. 102–190 inserted “and other friendly foreign countries” after “major allies of the United States”.

1990—Subsec. (g)(4). Puspan. L. 101–510 amended introductory provisions generally, substituting “submit to Congress each year, not later than March 1, a report containing” 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 Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.

Effective Date of 2011 Amendment

Amendment by Puspan. L. 111–383 effective Jan. 1, 2011, see section 901(p) of Puspan. L. 111–383, set out as a note under section 131 of this title.

Effective Date of 2002 Amendment

Puspan. 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 Puspan. L. 107–107 as enacted.

Termination Date of 1992 Amendment

Puspan. L. 102–484, div. A, title VIII, § 843(c), Oct. 23, 1992, 106 Stat. 2469, as amended by Puspan. L. 103–35, title II, § 202(a)(7), May 31, 1993, 107 Stat. 101, provided that, effective Oct. 23, 1994, subsections (a) and (span) of section 843 of Puspan. L. 102–484 (amending sections 2350a and 2350d of this title and section 2767 of Title 22, Foreign Relations 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 enacted, prior to repeal by Puspan. L. 103–337, div. A, title XIII, § 1318, Oct. 5, 1994, 108 Stat. 2902.

Conforming Regulations

Puspan. 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 Department 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 Develop Land-Based Water Resources in Support of and in Preparation for Contingency Operations

Puspan. L. 114–328, div. A, title XII, § 1291, Dec. 23, 2016, 130 Stat. 2558, provided that:

“(a)Agreements Authorized.—The Secretary of Defense, with the concurrence of the Secretary of State, is authorized to enter into agreements with the governments of foreign countries to develop land-based water resources in support of and in preparation for contingency operations, including water selection, pumping, purification, storage, distribution, cooling, consumption, water reuse, water source intelligence, research and development, training, acquisition of water support equipment, and water support operations.

“(span)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 agreement and provide a summary of the terms of the agreement.

“(c)Definition.—In this section, the term ‘appropriate 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 Representatives.”

Administration of the American, British, Canadian, and Australian Armies’ Program and the Five Eyes Air Force Interoperability Council

Puspan. L. 112–239, div. A, title XII, § 1274, Jan. 2, 2013, 126 Stat. 2026, as amended by Puspan. L. 115–91, div. A, title XII, § 1274, Dec. 12, 2017, 131 Stat. 1697; Puspan. L. 117–81, div. A, title XIII, § 1321, Dec. 27, 2021, 135 Stat. 2002; Puspan. 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 participating countries in accordance with this section, and the Program shall be managed pursuant to a joint agreement among the participating countries.

“(span)Participating Countries.—In addition to the United States, the countries participating in the Program 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 related office equipment and supplies for the Program; 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 in the Program, in accordance with the agreement.

“(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 participating country may provide its contribution in funds, in personal property, in services required for the Program, 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 contribution or reimbursement of funds, personal property, or services made by the participating country in furtherance of the Program.

“(B)Credit to appropriations.—Any contribution 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 appropriate, and any resulting proceeds shall be credited to appropriations of the appropriate military department, as described in subparagraph (B); or

“(iii) converted into a form usable by the Program.

“(D)Use of credited funds.—

“(i)In general.—Amounts credited under subparagraph (B) or (C)(ii) shall be—

“(I) merged with amounts in the appropriation concerned;

“(II) subject to the same conditions and limitations as amounts in such appropriation; and

“(III) available for payment of Program expenses described in clause (ii).

“(ii)Program expenses described.—The Program expenses described in this clause include—

“(I) payments to contractors and other suppliers, 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 resulting 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 Activities.—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 subsection (c)(4).

“(e)Disposal of Property.—As part of the participation by the United States in the Program, the Secretary 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 property) shall be made in accordance with an agreement under subsection (a).

“(f)Reports.—Not later than 60 days before the expiration 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 Representatives a report on the activities, costs, and accomplishments of the Program during the five-year period ending on the date of such report.”