(Pub. L. 90–629, ch. 2, § 27, as added Pub. L. 96–92, § 15,Oct. 29, 1979, 93 Stat. 706; amended Pub. L. 99–83, title I, § 115(a),Aug. 8, 1985, 99 Stat. 199; Pub. L. 99–145, title XI, § 1102(a)(1), (5),Nov. 8, 1985, 99 Stat. 708, 710; Pub. L. 99–661, div. A, title XI, § 1103(a), title XIII, § 1342(e),Nov. 14, 1986, 100 Stat. 3962, 3991; Pub. L. 100–180, div. A, title X, § 1022,Dec. 4, 1987, 101 Stat. 1144; Pub. L. 102–484, div. A, title VIII, § 843(a),Oct. 23, 1992, 106 Stat. 2468.)
References in Text
The effective date of the International Security and Development Cooperation Act of 1985 and the effective date of the amendment to this section made by the International Security and Development Cooperation Act of 1985, referred to in subsecs. (e)(1) and (i), respectively, is October 1, 1985, see section 1301 ofPub. L. 99–83
, set out as an Effective Date of 1985 Amendment note under section
of this title.
This chapter, referred to in subsec. (e)(2), was in the original “this Act”, meaning Pub. L. 90–629
, Oct. 22, 1968, 82 Stat. 1321
, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section
of this title and Tables.
The amendment made to this section made by the International Security and Development Cooperation Act of 1985, referred to in subsec. (i), means the general amendment of this section by section 115(a) ofPub. L. 99–83
. See 1985 Amendment note below.
Subsec. (j)(2) of this section, which required the President to submit to certain committees of Congress an annual report specifying countries eligible, and criteria used to determine eligibility, for participation in cooperative project agreements under subsec. (j)(1) of this section, terminated, effective May 15, 2000, pursuant to section 3003 ofPub. L. 104–66
, as amended, set out as a note under section
, Money and Finance. See, also, page 39
of House Document No. 103–7
1992—Subsec. (c). Pub. L. 102–484
substituted “costs, administrative costs, and costs of claims” for “and administrative costs”.
1987—Subsec. (b)(1)(C). Pub. L. 100–180
inserted “or for procurement by the United States of munitions from the North Atlantic Treaty Organization or a subsidiary of such organization” after “member country”.
1986—Pub. L. 99–661
, § 1342(e), repealed section 1102(a)(1) ofPub. L. 99–145
and the amendments made by that section, and provided that this section shall apply as if that section had never been enacted. See 1985 Amendments note below.
Pub. L. 99–661
, § 1103(a)(2), substituted “Authority of President to enter into cooperative projects with friendly foreign countries” for “North Atlantic Treaty Organization cooperative projects” in section catchline.
Subsec. (b)(1). Pub. L. 99–661
, § 1103(a)(1)(A)(i), inserted “, in the case of an agreement with the North Atlantic Treaty Organization or with one or more member countries of that Organization,” in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 99–661
, § 1103(a)(1)(A)(ii)–(iv), added par. (2) and redesignated former par. (2) as (3).
Subsec. (f)(3). Pub. L. 99–661
, § 1103(a)(1)(B), inserted “, including an estimate of the costs as a result of waivers of section
of this title,”.
Subsec. (g). Pub. L. 99–661
, § 1103(a)(1)(C), substituted “In the case of a cooperative project with a North Atlantic Treaty Organization country, section,” for “Section”.
Subsec. (j). Pub. L. 99–661
, § 1103(a)(1)(D), added subsec. (j).
1985—Pub. L. 99–83
amended section generally, substituting in subsec. (a) provisions relating to authority of the President, for provisions defining “cooperative project”, substituting in subsec. (b) provisions defining “cooperative project” and “other participant”, for provisions relating to reduction or waiver of charges, sales not subject to compensatory increases in administrative surcharges, and contribution requirements, substituting in subsec. (c) provisions relating to agreements for equitable share of costs and limiting the nature of such agreements, for provisions relating to transmission of numbered certification of proposed agreement, contents of such certification, and statutory provisions applicable to sales, and adding subsecs. (d) to (i).
Pub. L. 99–145
, § 1102(a)(1), which enacted a general amendment of this section similar to that provided in Pub. L. 99–83
was repealed. See 1986 Amendments note above and former section 1105(a)(5) ofPub. L. 99–145
set out as a Repeals; Effective Date note under section
of this title.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99–83
effective Oct. 1, 1985, see section 1301 ofPub. L. 99–83
, set out as a note under section
of this title.
Delegation of Functions
For delegation of functions of the President under this section, with certain conditions, see section 1(f) of Ex. Ord. No. 13637, Mar. 8, 2013, 78
, set out as a note under section
of this title. Functions were previously delegated by Ex. Ord. No. 11958, which was formerly set out as a note under section
of this title and was revoked, subject to a savings provision, by section 4 of Ex. Ord. No. 13637.
Assessment of Risk Associated With Development of Major Weapon Systems To Be Procured Under Cooperative Projects With Friendly Foreign Countries
Pub. L. 112–81
, div. A, title VIII, § 836,Dec. 31, 2011, 125 Stat. 1508
, provided that:
“(a) Assessment of Risk Required.—
“(1) In general.—Not later than two days after the President transmits a certification to Congress pursuant to section 27(f) of the Arms Export Control Act (22
) regarding a proposed cooperative project agreement that is expected to result in the award of a Department of Defense contract for the engineering and manufacturing development of a major weapon system, the Secretary of Defense shall submit to the Chairmen of the Committees on Armed Services of the Senate and the House of Representatives a report setting forth a risk assessment of the proposed cooperative project.
“(2) Preparation.—The Secretary shall prepare each report required by paragraph (1) in consultation with the Under Secretary of Defense for Acquisition, Technology, and Logistics, the Assistant Secretary of Defense for Research and Engineering, and the Director of Cost Assessment and Program Evaluation of the Department of Defense.
“(b) Elements.—The risk assessment on a cooperative project under subsection (a) shall include the following:
“(1) An assessment of the design, technical, manufacturing, and integration risks associated with developing and procuring the weapon system to be procured under the cooperative project.
“(2) A statement identifying any termination liability that would be incurred under the development contract to be entered into under subsection (a)(1), and a statement of the extent to which such termination liability would not be fully funded by appropriations available or sought in the fiscal year in which the agreement for the cooperative project is signed on behalf of the United States.
“(3) An assessment of the advisability of incurring any unfunded termination liability identified under paragraph (2) given the risks identified in the assessment under paragraph (1).
“(4) A listing of which, if any, requirements associated with the oversight and management of a major defense acquisition program (as prescribed under Department of Defense Instruction 5000.02 or related authorities) will be waived, or in any way modified, in carrying out the development contract to be entered into under [subsection] (a)(1), and a full explanation why such requirements need to be waived or modified.
“(c) Definitions.—In this section:
“(1) The term ‘engineering and manufacturing development’ has the meaning given that term in Department of Defense Instruction 5000.02.
“(2) The term ‘major weapon system’ has the meaning given that term in section
, United States Code.”