
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[Document affected by Public Law 107-107 Section 1212(a)-(e)(1)]
[Document affected by Public Law 107-107 Section 1212(e)(2)]
[Document affected by Public Law 107-107 Section 1213(b)]
[CITE: 10USC2350a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
 
               SUBCHAPTER II--OTHER COOPERATIVE AGREEMENTS
 
Sec. 2350a. Cooperative research and development projects: 
        allied countries
        
    (a) Authority To Engage in Cooperative R&D Projects.--The Secretary 
of Defense may enter into a memorandum of understanding (or other formal 
agreement) with one or more major allies of the United States or NATO 
organizations for the purpose of conducting cooperative research and 
development projects on defense equipment and munitions.
    (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 technology, the conventional defense 
capabilities of the North Atlantic Treaty Organization (NATO) or the 
common conventional defense capabilities of the United States and its 
major non-NATO allies.
    (2) The authority of the Secretary to make a determination under 
paragraph (1) may only be delegated to the Deputy Secretary of Defense 
or the Under Secretary of Defense for Acquisition, Technology, and 
Logistics.
    (c) Cost Sharing.--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.
    (d) Restrictions on Procurement of Equipment and Services.--(1) In 
order to assure substantial participation on the part of the major 
allies of the United States in cooperative research and development 
projects, funds made available for such projects may not be used to 
procure equipment or services from any foreign government, foreign 
research organization, or other foreign entity.
    (2) A major ally of the United States may not use any military or 
economic assistance grant, loan, or other funds provided by the United 
States for the purpose of making that ally's contribution to a 
cooperative research and development program entered into with the 
United States under this section.
    (e) Cooperative Opportunities Document.--(1)(A) In order to ensure 
that opportunities to conduct cooperative research and development 
projects are considered at an early point during the formal development 
review process of the Department of Defense in connection with any 
planned project of the Department, the Under Secretary of Defense for 
Acquisition, Technology, and Logistics shall prepare an arms cooperation 
opportunities document with respect to that project for review by the 
Defense Acquisition Board at formal meetings of the Board.
    (B) 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.
    (2) An arms cooperation opportunities document referred to in 
paragraph (1) shall include the following:
        (A) A statement indicating whether or not a project similar to 
    the one under consideration by the Department of Defense is in 
    development or production by one or more of the major allies of the 
    United States or NATO organizations.
        (B) If a project similar to the one under consideration by the 
    Department of Defense is in development or production by one or more 
    major allies of the United States or NATO organizations, an 
    assessment by the Under Secretary of Defense for Acquisition, 
    Technology, and Logistics as to whether that project could satisfy, 
    or could be modified in scope so as to satisfy, the military 
    requirements of the project of the United States under consideration 
    by the Department of Defense.
        (C) An assessment of the advantages and disadvantages with 
    regard to program timing, developmental and life cycle costs, 
    technology sharing, and Rationalization, Standardization, and 
    Interoperability (RSI) of seeking to structure a cooperative 
    development program with one or more major allies of the United 
    States or NATO organizations.
        (D) The recommendation of the Under Secretary as to whether the 
    Department of Defense should explore the feasibility and 
    desirability of a cooperative development program with one or more 
    major allies of the United States or NATO organizations.

    (f) Reports to Congress.--(1) Not later than March 1 of each year, 
the Under Secretary of Defense for Acquisition, Technology, and 
Logistics shall submit to the Speaker of the House of Representatives 
and the Committees on Armed Services and Appropriations of the Senate a 
report on cooperative research and development projects under this 
section. Each such report shall include--
        (A) a description of the status, funding, and schedule of 
    existing projects carried out under this section for which memoranda 
    of understanding (or other formal agreements) have been entered 
    into; and
        (B) a description of the purpose, funding, and schedule of any 
    new projects proposed to be carried out under this section 
    (including those projects for which memoranda of understanding (or 
    other formal agreements) have not yet been entered into) for which 
    funds have been included in the budget submitted to Congress 
    pursuant to section 1105 of title 31 for the fiscal year following 
    the fiscal year in which the report is submitted.

    (2) 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.

    (g) Side-by-Side Testing.--(1) It is the sense of Congress--
        (A) that the Secretary of Defense should test conventional 
    defense equipment, munitions, and technologies manufactured and 
    developed by major allies of the United States and other friendly 
    foreign countries to determine the ability of such equipment, 
    munitions, and technologies to satisfy United States military 
    requirements or to correct operational deficiencies; and
        (B) that while the testing of nondevelopmental items and items 
    in the late state of the development process are preferred, the 
    testing of equipment, munitions, and technologies may be conducted 
    to determine procurement alternatives.

    (2) The Secretary of Defense may acquire equipment, munitions, and 
technologies of the type described in paragraph (1) for the purpose of 
conducting the testing described in that paragraph.
    (3) 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.
    (4) 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 major allies of the United States and other friendly 
    foreign countries 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.

    (h) Secretary To Encourage Similar Programs.--The Secretary of 
Defense shall encourage major allies of the United States to establish 
programs similar to the one provided for in this section.
    (i) Definitions.--In this section:
        (1) The term ``cooperative research and development project'' 
    means a project involving joint participation by the United States 
    and one or more major allies of the United States or NATO 
    organizations under a memorandum 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 requirements.

        (2) 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.

        (3) 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 purposes of this section by 
    the Secretary of Defense with the concurrence of the Secretary of 
    State.
        (4) The term ``NATO organization'' means any North Atlantic 
    Treaty Organization subsidiary 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, Sec. 931(a)(2), Nov. 29, 1989, 
103 Stat. 1531; amended Pub. L. 101-510, div. A, title XIII, 
Sec. 1331(4), Nov. 5, 1990, 104 Stat. 1673; Pub. L. 102-190, div. A, 
title X, Sec. 1053, Dec. 5, 1991, 105 Stat. 1471; Pub. L. 102-484, div. 
A, title VIII, Sec. 843(b)(1), Oct. 23, 1992, 106 Stat. 2469; Pub. L. 
103-160, div. A, title IX, Sec. 904(d)(1), Nov. 30, 1993, 107 Stat. 
1728; Pub. L. 103-337, div. A, title XIII, Sec. 1301, Oct. 5, 1994, 108 
Stat. 2888; Pub. L. 104-106, div. A, title XV, Sec. 1502(a)(17), Feb. 
10, 1996, 110 Stat. 504; Pub. L. 106-65, div. A, title IX, 
Sec. 911(a)(1), title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 717, 
774.)


                            Prior Provisions

    Provisions relating to NATO countries were contained in Pub. L. 99-
145, title XI, Sec. 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, Sec. 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, Sec. 931(d)(2).


                               Amendments

    1999--Subsecs. (b)(2), (e)(1)(A), (2)(B), (f)(1). Pub. L. 106-65, 
Sec. 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). Pub. L. 106-65, Sec. 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 ``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). Pub. L. 103-337, 
Sec. 1301(a), inserted ``or NATO organizations'' after ``major allies of 
the United States''.
    Subsec. (i)(4). Pub. L. 103-337, Sec. 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 Acquisition and 
Technology'' for ``Under Secretary of Defense 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 allies of the United 
States''.
    1990--Subsec. (g)(4). Pub. 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''.


                   Termination Date of 1992 Amendment

    Section 843(c) of Pub. L. 102-484, as amended by Pub. L. 103-35, 
title II, Sec. 202(a)(7), May 31, 1993, 107 Stat. 101, provided that, 
effective 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 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 Pub. L. 
103-337, div. A, title XIII, Sec. 1318, Oct. 5, 1994, 108 Stat. 2902.

                  Section Referred to in Other Sections

    This section is referred to in sections 2349, 2540 of this title; 
title 22 section 2349aa-10.
