
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2457]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
               CHAPTER 145--CATALOGING AND STANDARDIZATION
 
Sec. 2457. Standardization of equipment with North Atlantic 
        Treaty Organization members
        
    (a) It is the policy of the United States to standardize equipment, 
including weapons systems, ammunition, and fuel, procured for the use of 
the armed forces of the United States stationed in Europe under the 
North Atlantic Treaty or at least to make that equipment interoperable 
with equipment of other members of the North Atlantic Treaty 
Organization. To carry out this policy, the Secretary of Defense shall--
        (1) assess the costs and possible loss of nonnuclear combat 
    effectiveness of the military forces of the members of the 
    Organization caused by the failure of the members to standardize 
    equipment;
        (2) maintain a list of actions to be taken, including an 
    evaluation of the priority and effect of the action, to standardize 
    equipment that may improve the overall nonnuclear defense capability 
    of the Organization or save resources for the Organization; and
        (3) initiate and carry out, to the maximum extent feasible, 
    procurement procedures to acquire standardized or interoperable 
    equipment, considering the cost, function, quality, and availability 
    of the equipment.

    (b) Progress in realizing the objectives of standardization and 
interoperability would be enhanced by expanded inter-Allied procurement 
of arms and equipment within the North Atlantic Treaty Organization. 
Expanded inter-Allied procurement would be made easier by greater 
reliance on licensing and coproduction cooperative agreements among the 
signatories of the North Atlantic Treaty. If constructed to preserve the 
efficiencies associated with economies of scale, the agreements could 
minimize potential economic hardship to parties to the agreements and 
increase the survivability, in time of war, of the North Atlantic 
Alliance's armaments production base by dispersing manufacturing 
facilities. In conjunction with other members of the Organization and to 
the maximum extent feasible, the Secretary shall--
        (1) identify areas in which those cooperative agreements may be 
    made with members of the Alliance; and
        (2) negotiate those agreements.

    (c)(1) It is the sense of Congress that weapons systems being 
developed wholly or primarily for employment in the North Atlantic 
Treaty Organization theater should conform to a common Organization 
requirement in order to proceed toward joint doctrine and planning and 
to facilitate maximum feasible standardization and interoperability of 
equipment, and that a common Organization requirement should be 
understood to include a common definition of the military threat to the 
members of the Organization.
    (2) It is further the sense of Congress that standardization of 
weapons and equipment within the Organization on the basis of a ``two-
way street'' concept of cooperation in defense procurement between 
Europe and North America can only work in a realistic sense if the 
European nations operate on a united and collective basis. Therefore, 
the governments of Europe are encouraged to accelerate their present 
efforts to achieve European armaments collaboration among all European 
members of the Organization.
    (d) Before February 1, 1989, and biennially thereafter, the 
Secretary shall submit a report to Congress that includes--
        (1) each specific assessment and evaluation made and the results 
    of each assessment and evaluation, and the results achieved with the 
    members of the North Atlantic Treaty Organization, under subsections 
    (a)(1) and (2) and (b);
        (2) procurement action initiated on each new major system not 
    complying with the policy of subsection (a);
        (3) procurement action initiated on each new major system that 
    is not standardized or interoperable with equipment of other members 
    of the Organization, including a description of the system chosen 
    and the reason for choosing that system;
        (4) the identity of--
            (A) each program of research and development for the armed 
        forces of the United States stationed in Europe that supports, 
        conforms, or both, to common Organization requirements of 
        developing weapon systems for use by the Organization, including 
        a common definition of the military threat to the Organization; 
        and
            (B) the common requirements of the Organization to which 
        those programs conform or which they support;

        (5) action of the Alliance toward common Organization 
    requirements if none exist;
        (6) efforts to establish a regular procedure and mechanism in 
    the Organization to determine common military requirements;
        (7) a description of each existing and planned program of the 
    Department of Defense that supports the development or procurement 
    of a weapon system or other military equipment originally developed 
    or procured by members of the Organization other than the United 
    States and for which funds have been authorized to be appropriated 
    for the fiscal year in which the report is submitted, including a 
    summary listing of the amount of funds--
            (A) appropriated for those programs for the fiscal year in 
        which the report is submitted; and
            (B) requested, or proposed to be requested, for those 
        programs for each of the 2 fiscal years following the fiscal 
        year for which the report is submitted; and

        (8) a description of each weapon system or other military 
    equipment originally developed or procured in the United States and 
    that is being developed or procured by members of the Organization 
    other than the United States during the fiscal year for which the 
    report is submitted.

    (e) If the Secretary decides that procurement of equipment 
manufactured outside the United States is necessary to carry out the 
policy of subsection (a), the Secretary may determine under section 2 of 
the Buy American Act (41 U.S.C. 10a) that acquiring that equipment 
manufactured in the United States is inconsistent with the public 
interest.
    (f) The Secretary shall submit the results of each assessment and 
evaluation made under subsection (a)(1) and (2) to the appropriate North 
Atlantic Treaty Organization body to become an integral part of the 
overall Organization review of force goals and development of force 
plans.

(Added Pub. L. 97-295, Sec. 1(30)(A), Oct. 12, 1982, 96 Stat. 1294; 
amended Pub. L. 101-510, div. A, title XIII, Sec. 1311(5), Nov. 5, 1990, 
104 Stat. 1670; Pub. L. 104-106, div. A, title XV, Sec. 1503(a)(24), 
Feb. 10, 1996, 110 Stat. 512.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2457(a)...............................  10:2451 (note).                      Au
g. 5, 1974, Pub. L. 93-365, Sec.
                                                                              3
02(c) (1st-3d sentences), 88
                                                                              S
tat. 402.
                                        ...................................  Oc
t. 7, 1975, Pub. L. 94-106, Sec.
                                                                              8
14(a)(1), 89 Stat. 540; restated
                                                                              J
uly 14, 1976, Pub. L. 94-361,
                                                                              S
ec.  802, 90 Stat. 930.
2457(b)...............................  10:2451 (note).                      Ju
ly 14, 1976, Pub. L. 94-361, Sec.
                                                                               
803(b) (1st-4th sentences), 90
                                                                              S
tat. 931.
2457(c)...............................  10:2451 (note).                      Ju
ly 14, 1976, Pub. L. 94-361, Sec.
                                                                               
803(a) (1st, 2d sentences), (c),
                                                                              9
0 Stat. 930, 931.
2457(d) (words before (1)), (1)         10:2451 (note).                      Au
g. 5, 1974, Pub. L. 93-365, Sec.
 (related to (a)(1) and (2)).                                                 3
02(c) (5th sentence), 88 Stat.
                                                                              4
02; Oct. 7, 1975, Pub. L. 94-106,
                                                                              S
ec.  814(c), 89 Stat. 540.
2457(d)(1) (related to (a)(3))........  10:2451 (note).                      Ju
ly 14, 1976, Pub. L. 94-361, Sec.
                                                                               
803(b) (last sentence), 90 Stat.
                                                                              9
31.
2457(d)(2)............................  10:2451 (note).                      Oc
t. 7, 1975, Pub. L. 94-106, Sec.
                                                                              8
14(b), 89 Stat. 540.
2457(d)(3)............................  10:2451 (note).                      Oc
t. 7, 1975, Pub. L. 94-106, Sec.
                                                                              8
14(a)(3), 89 Stat. 540; restated
                                                                              J
uly 14, 1976, Pub. L. 94-361,
                                                                              S
ec.  802, 90 Stat. 930.
2457(d) (4)-(6).......................  10:2451 (note).                      Ju
ly 14, 1976, Pub. L. 94-361, Sec.
                                                                               
803(a) (3d-last sentences), 90
                                                                              S
tat. 930.
2457(d)(7), (8).......................  10:2451 (note).                      Au
g. 5, 1974, Pub. L. 93-365, 88
                                                                              S
tat. 399, Sec.  302(c) (6th, last
                                                                              s
entences); added Sept. 8, 1982,
                                                                              P
ub. L. 97-252, Sec.  1121, 96
                                                                              S
tat. 754.
2457(e)...............................  10:2451 (note).                      Oc
t. 7, 1975, Pub. L. 94-106, Sec.
                                                                              8
14(a)(2), 89 Stat. 540; restated
                                                                              J
uly 14, 1976, Pub. L. 94-361,
                                                                              S
ec.  802, 90 Stat. 930.
2457(f)...............................  10:2451 (note).                      Au
g. 5, 1974, Pub. L. 93-365, Sec.
                                                                              3
02(c) (4th sentence), 88 Stat.
                                                                              4
02.
-------------------------------------------------------------------------------
---------------------------------

    In the introductory matter of subsection (a), before clause (1), the 
word ``equipment'' is substituted for ``impedimenta'' in section 302(c) 
of the Department of Defense Appropriation Authorization Act, 1975 (Pub. 
L. 93-365, Aug. 5, 1974, 88 Stat. 402), for clarity and for consistency 
with section 814(a)(1) of the Department of Defense Appropriation 
Authorization Act, 1976 (Pub. L. 94-106, Oct. 7, 1975, 89 Stat. 540), 
which is restated as part of this subsection.
    In subsection (a)(1), the word ``undertake'' is omitted as surplus. 
The word ``members'' is substituted for ``countries'' for consistency. 
The words ``including the United States'' are omitted as unnecessary.
    In subsection (a)(2), the words ``The Secretary of Defense shall 
also'' are omitted as unnecessary. The word ``maintain'' is substituted 
for ``develop'' because it is more appropriate.
    In subsection (a)(3), the words ``of other members of the North 
Atlantic Treaty Organization whenever such equipment is to be used by 
personnel of the Armed Forces of the United States stationed in Europe 
under the terms of the North Atlantic Treaty'' are omitted as 
unnecessary because of the restatement. The words ``Such procedures 
shall also take into . . . to be procured'' are omitted as unnecessary. 
The text of section 814(a)(1) (4th, last sentences) is omitted as 
executed.
    In subsection (b), the words ``It is the sense of the Congress'', 
``It is further the sense of Congress'', ``It is the Congress' 
considered judgment'', ``properly'', ``Accordingly'', and ``pursuant to 
these ends'' are omitted as unnecessary.
    In subsection (c)(1), the word ``should'' is substituted for 
``shall'' for clarity.
    In subsection (d)(1), the word ``members'' is substituted for 
``allies'' for consistency. The words ``The Secretary of Defense shall 
include in the report to the Congress required by section 302(c) of 
Public Law 93-365, as amended'' are omitted as unnecessary because of 
the restatement.
    In subsection (d)(2), the words ``The report required under section 
302(c) of Public Law 93-365 shall include'' are omitted as unnecessary 
because of the restatement.
    In subsection (d)(3), the words ``he shall report that fact to the 
Congress in the annual report required under section 302(c) of Public 
Law 93-365, as amended'' are omitted as unnecessary because of the 
restatement.
    In subsection (d)(4), the words ``The Secretary of Defense shall, in 
the reports required by section 302(c) of Public Law 93-365, as 
amended'' are omitted as unnecessary because of the restatement.
    In subsection (d)(5), the words ``if none exist'' are substituted 
for ``In the absence of such common requirements'' to eliminate 
unnecessary words. The words ``the Secretary shall include a discussion 
of the'' are omitted as unnecessary because of the restatement.
    In subsection (d)(6), the words ``The Secretary of Defense shall 
also report on'' are omitted as unnecessary because of the restatement.
    In subsection (d)(7), the words ``those programs'' are substituted 
for ``all such existing and planned programs'' and ``all such programs'' 
to eliminate unnecessary words.
    In subsection (f), the words ``The Secretary shall submit the 
results of these . . . to Congress'' are omitted as unnecessary because 
of the source provisions restated in subsection (d)(1). The word 
``submit'' is substituted for ``cause to be brought'' to eliminate 
unnecessary words. The words ``in order that the suggested actions and 
recommendations can'' are omitted as unnecessary because of the 
restatement.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-106 substituted ``the Buy American 
Act (41 U.S.C. 10a)'' for ``title III of the Act of March 3, 1933 (41 
U.S.C. 10a),''.
    1990--Subsec. (d). Pub. L. 101-510 substituted ``Before February 1, 
1989, and biennially thereafter'' for ``Before February 1 of each 
year''.

                  Section Referred to in Other Sections

    This section is referred to in section 2350a of this title.
