
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 832(a)(2)]
[CITE: 10USC2531]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
 CHAPTER 148--NATIONAL DEFENSE TECHNOLOGY AND INDUSTRIAL BASE, DEFENSE 
                  REINVESTMENT, AND DEFENSE CONVERSION
 
    SUBCHAPTER V--MISCELLANEOUS TECHNOLOGY BASE POLICIES AND PROGRAMS
 
Sec. 2531. Defense memoranda of understanding and related 
        agreements
        
    (a) Considerations in Making and Implementing MOUs and Related 
Agreements.--In the negotiation, renegotiation, and implementation of 
any existing or proposed memorandum of understanding, or any existing or 
proposed agreement related to a memorandum of understanding, between the 
Secretary of Defense, acting on behalf of the United States, and one or 
more foreign countries (or any instrumentality of a foreign country) 
relating to research, development, or production of defense equipment, 
or to the reciprocal procurement of defense items, the Secretary of 
Defense shall--
        (1) consider the effects of such existing or proposed memorandum 
    of understanding or related agreement on the defense technology and 
    industrial base of the United States; and
        (2) regularly solicit and consider comments and recommendations 
    from the Secretary of Commerce with respect to the commercial 
    implications of such memorandum of understanding or related 
    agreement and the potential effects of such memorandum of 
    understanding or related agreement on the international competitive 
    position of United States industry.

    (b) Inter-Agency Review of Effects on United States Industry.--
Whenever the Secretary of Commerce has reason to believe that an 
existing or proposed memorandum of understanding or related agreement 
has, or threatens to have, a significant adverse effect on the 
international competitive position of United States industry, the 
Secretary may request an inter-agency review of the memorandum of 
understanding or related agreement. If, as a result of the review, the 
Secretary determines that the commercial interests of the United States 
are not being served or would not be served by adhering to the terms of 
such existing memorandum or related agreement or agreeing to such 
proposed memorandum or related agreement, as the case may be, the 
Secretary shall recommend to the President the renegotiation of the 
existing memorandum or related agreement or any modification to the 
proposed memorandum of understanding or related agreement that he 
considers necessary to ensure an appropriate balance of interests.
    (c) Limitation on Entering into MOUs and Related Agreements.--A 
memorandum of understanding or related agreement referred to in 
subsection (a) may not be entered into or implemented if the President, 
taking into consideration the results of the inter-agency review, 
determines that such memorandum of understanding or related agreement 
has or is likely to have a significant adverse effect on United States 
industry that outweighs the benefits of entering into or implementing 
such memorandum or agreement.

(Added Pub. L. 100-456, div. A, title VIII, Sec. 824, Sept. 29, 1988, 
102 Stat. 2019, Sec. 2504; amended Pub. L. 101-189, div. A, title VIII, 
Sec. 815(a), Nov. 29, 1989, 103 Stat. 1500; Pub. L. 101-510, div. A, 
title XIV, Sec. 1453, Nov. 5, 1990, 104 Stat. 1694; renumbered Sec. 2531 
and amended Pub. L. 102-484, div. D, title XLII, Secs. 4202(a), 4271(c), 
Oct. 23, 1992, 106 Stat. 2659, 2696.)


                               Amendments

    1992--Pub. L. 102-484, Sec. 4202(a), renumbered section 2504 of this 
title as this section.
    Subsec. (a)(1). Pub. L. 102-484, Sec. 4271(c), substituted ``defense 
technology and industrial base'' for ``defense industrial base''.
    1990--Subsec. (a). Pub. L. 101-510 inserted ``or to the reciprocal 
procurement of defense items,'' after ``defense equipment,'' in 
introductory provisions.
    1989--Pub. L. 101-189 inserted ``and related agreements'' after 
``understanding'' in section catchline and amended text generally. Prior 
to amendment, text read as follows: ``In the negotiation and 
renegotiation of each memorandum of understanding between the Secretary 
of Defense, acting on behalf of the United States, and one or more 
foreign countries (or any instrumentality of a foreign country) relating 
to research, development, or production of defense equipment, the 
Secretary of Defense shall--
        ``(1) consider the effect of such proposed memorandum of 
    understanding on the defense industrial base of the United States; 
    and
        ``(2) regularly solicit and consider information or 
    recommendations from the Secretary of Commerce with respect to the 
    effect on the United States industrial base of such memorandum of 
    understanding.''

                  Section Referred to in Other Sections

    This section is referred to in section 2534 of this title.
