10 USC 2350 - Cooperative projects under Arms Export Control Act: acquisition of defense equipment

1 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.

Editorial Notes

References in Text

Chapter 137 of this title, referred to in subsec. (a)(2), was repealed by Puspan.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.

The Arms Export Control Act, referred to in subsec. (c)(1), is Puspan. L. 90–629, Oct. 22, 1968, 82 Stat. 1320, as amended, which is classified principally to chapter 39 (§ 2751 et seq.) of Title 22, Foreign Relations and Intercourse. For complete classification of this Act to the Code, see Short Title note set out under section 2751 of Title 22 and Tables.

Section 2304 of this title, referred to in subsec. (c)(1), was repealed by Puspan. L. 116–283, div. A, title XVIII, §§ 1801(d), 1881(a), Jan. 1, 2021, 134 Stat. 4151, 4293, effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law. Subsecs. (a) to (l) of section 2304 were transferred to various provisions in chapter 221 of this title, with the same effective date and conditions, by Puspan. L. 116–283, div. A, title XVIII, § 1811(c)(2)–(5), (d)(2)–(9), Jan. 1, 2021, 134 Stat. 4165–4170.

Amendments

2021—Subsec. (c)(1). Puspan. L. 116–283, which directed that each reference in the text of title 10 to a section that was redesignated by title XVIII of Puspan. L. 116–283, as such section was in effect before the redesignation, be amended by striking such reference and inserting a reference to the appropriate redesignated section, was not executed in introductory provisions with respect to “section 2304”, which was redesignated as multiple sections.

2006—Subsec. (g)(2). Puspan. L. 109–304 substituted “section 55305 of title 46” for “section 901(span) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(span))”.

2004—Subsec. (g). Puspan. L. 108–375, § 1084(d)(19)(A), inserted “the Secretary of Defense” after “authorizing” in introductory provisions.

Subsec. (g)(1). Puspan. L. 108–375, § 1084(d)(19)(B), struck out “the Secretary of Defense” before “to waive”.

1996—Subsec. (c)(1). Puspan. L. 104–106, § 4321(span)(10)(A), inserted “prescribes” after “specifically” in introductory provisions and struck out “prescribe” before “procedures” in subpar. (A), before “terms” in subpar. (B), and before “requirements” in subpars. (C) and (D).

Subsec. (d)(1). Puspan. L. 104–106, § 4321(span)(10)(B), struck out “to” after “subcontract”.

Subsec. (e)(1). Puspan. L. 104–106, § 1335(1), inserted “or a NATO organization” after “United States)”.

Subsec. (e)(2). Puspan. L. 104–106, § 1335(2), substituted “such a cooperative project or a NATO organization” for “a cooperative project”.

1989—Puspan. L. 101–189 renumbered section 2407 of this title as this section and substituted “Cooperative projects under Arms Export Control Act: acquisition of defense equipment” for “Acquisition of defense equipment under cooperative projects” as section catchline.

1986—Puspan. L. 99–661, § 1103(span)(2)(A), struck out “North Atlantic Treaty Organization” before “cooperative projects” in section catchline.

Subsec. (a)(1). Puspan. L. 99–661, § 1103(span)(1)(A), struck out “North Atlantic Treaty Organization (NATO)” before “cooperative projects”.

Subsec. (c)(2). Puspan. L. 99–661, § 1103(span)(1)(B), struck out “NATO” after “will significantly further”.

Subsec. (e). Puspan. L. 99–661, § 1103(span)(1)(C), struck out “NATO” after “will significantly further” in par. (1) and after “United States) in a” in par. (2).

Subsec. (g)(2). Puspan. L. 99–661, § 1343(a)(15), substituted “section 2631 of this title and section 901(span) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(span))” for “the Military Cargo Preference Act of 1904 (10 U.S.C. 2631) and the Cargo Preference Act of 1954 (46 U.S.C. 1241(span))”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Amendment by Puspan. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Puspan. L. 116–283, set out as a note preceding section 3001 of this title.

Effective Date of 1996 Amendment

For effective date and applicability of amendment by section 4321(span)(10) of Puspan. L. 104–106, see section 4401 of Puspan. L. 104–106, set out as a note under section 2220 of this title.