Other statutory tools

Authority holder

Secretary of Defense; conventional-capability and unequal-cost-sharing determinations delegable only to listed senior officials.

Eligibility gate

• Eligible NATO, major non-NATO ally, friendly-country or EU participant; formal agreement.
• Determine improvement of common conventional defense capabilities through emerging technology.
• Other friendly-country agreement: congressional report and 30-day wait.
• Equitable cost sharing, or written strategic-value determination for unequal sharing.

Funding condition

• U.S. share needs available purpose-appropriate funds; foreign shares may use §2350i.

All recorded limits

• Partner may not fund its contribution with U.S. military/economic assistance.
• Project funds under this authority may not procure equipment/services from foreign entities; distinguish the separately authorized testing acquisition in subsection (g).
• Side-by-side testing can qualify as competition for follow-on procurement within the statutory five-year window; not unlimited sole-source authority.

Authority holder

Secretary of Defense with Secretary of State concurrence.

Eligibility gate

• Formal reciprocal-use agreement.
• Charge direct costs; indirect-cost charges only as agreement specifies.
• SecDef indirect-cost determination; delegation restricted to Deputy Secretary and one other official.

Funding condition

• Reimbursements credited to accounts that paid U.S. costs.

All recorded limits

• Not a general right for any foreign commercial firm to use ranges without a government/international-organization agreement.
• Technology release, security and environmental constraints remain.

Authority holder

President under AECA; Secretary of Defense for delegated AECA projects and NATO support/procurement partnerships.

Eligibility gate

• Written jointly managed project and equitable costs/results; State supervision under §2752.
• AECA congressional certification normally at least 30 days before agreement.
• For designated-source contracting or waiver, statutory findings and notices; confirm actual Presidential/DoD delegation.

Funding condition

• Partners commit funds in time to cover their obligations and cancellation liabilities.
• U.S. share needs available appropriations; §2350i receipts remain earmarked for contributing participant share.

All recorded limits

• §2350b waiver does not waive AECA, competition provision itself, Treasury financial-management responsibilities or cargo-preference laws.
• Foreign procurement generally remains competitive with U.S. sources eligible unless validly waived.
• NATO acquisition support is not an unrestricted channel for domestic procurements.

Authority holder

Secretary of Defense; commanders act within an authorized agreement/delegation, not by mission statement alone.

Eligibility gate

• Eligible counterparty and statutory country designation; non-NATO designation/agreement notifications and 30-day waits.
• Item fits §2350 logistics definition; pricing, accounting and liquidation requirements.

Funding condition

• Available appropriations for acquisitions; reimbursements or authorized in-kind/equal-value settlement.
• Statutory credit ceilings are not cash appropriations.

All recorded limits

• Cannot buy from foreign government what is reasonably available from U.S. commercial sources.
• Cannot use an ACSA to route support to a country/organization lacking the required agreement.
• Not general major-weapons sales authority, a grant program, or authorization for hostilities.
• Inventory increases and accrued credit/liability ceilings governed by §§2347-2348, subject to statutory operational exceptions.

Authority holder

Secretary of Defense.

Eligibility gate

• Written jointly managed cost-sharing cooperative project improving conventional defense capabilities.
• Allocate the foreign participant’s share and identify appropriate receiving DoD account.

Funding condition

• May pay contractors, program overhead, claims/cancellation expenses and participant refunds attributable to its share.

All recorded limits

• Receipts only pay contributing participant’s project share, not unrelated U.S. program needs.
• Receipt authority does not independently authorize the underlying project.

Authority holder

Secretary of Defense.

Eligibility gate

• Support an armed-forces element in the contributing country.
• Qualifying mutual-defense/occupation arrangement or customary no-charge courtesy.

Funding condition

• In-kind support; GAO periodic audits of accepted money/property.

All recorded limits

• May not use contributions to evade a prohibition or limitation on the supported program.
• Separate real-property, construction and agreement issues must be reconciled; not free authority to accept every private donation.

Authority holder

Secretary of Defense after consultation with Secretary of State; Service Secretary may construct with SecDef approval.

Eligibility gate

• Designate contributor with State consultation; separate accounts and purpose alignment.
• Construction not otherwise authorized requires report and normally 14-day wait; emergency exception has its own notice.

Funding condition

• Contributions remain available until expended for specified statutory purposes.
• No assumption a host nation has offered or funded a contribution.

All recorded limits

• NATO deployed-support category excludes U.S. military pay, allowances and normal benefits.
• Contributed amounts cannot simply be repurposed to unrestricted departmental use.

Authority holder

Secretary of Defense.

Eligibility gate

• Contribution tied to relocation from or to a location within contributing nation.
• Costs directly relate to relocation; maintain separate accounts.

Funding condition

• Eligible costs include design/construction, transport, communications, administrative and civilian personnel costs.
• Cash held in Treasury trust fund pending expenditure; statutory interest treatment.

All recorded limits

• Cannot fund unrelated missions; personnel-cost category excludes military personnel salary.

Authority holder

Secretary of Defense; designated DoD construction agent receives specified obligation authority.

Eligibility gate

• United States designated host nation for project.
• NATO-authorized expenditures; project-account and reimbursement rules.

Funding condition

• Contributions available until expended.
• Designated construction agent may recognize NATO project authorization as budgetary resources under subsection(d).

All recorded limits

• Not generic authority to finance any foreign construction project.
• Additional U.S. funding for uncovered costs requires national-interest determination and available NSIP military-construction funds.

Authority holder

Secretary of Defense, with Secretary of State concurrence where prescribed.

Eligibility gate

• Select correct tailored agreement; equitable costs, exchange balances and notifications.
• Patient movement requires comparable-or-better credentials/standards, 15-day certification notice and annual recertification.
• §2350c allied airlift normally uses spare peacetime capacity, equal reimbursement rates and liquidation at least every 12 months; defense-sale delivery charged full transportation cost.
• §2350f communications arrangement needs State approval, term at most five years, annual reconciliations and final cash liquidation within 30 days after term.

Funding condition

• Transport recurring/nonrecurring operating costs from authorized accounts; reciprocal exchanges and properly credited reimbursements.
• §2350f liabilities charged to applicable communications appropriation at reconciliation; receipts credited to providing appropriation.

All recorded limits

• Different statutes are not interchangeable.
• SEOS does not waive U.S. sealift cargo preference; ATARES has statutory executed-flight-hour limits.
• Suspend patient-movement use if required recertification cannot be made.

Authority holder

Secretary of Defense.

Eligibility gate

• Bilateral/multilateral MOU or formal agreement with listed Five Eyes countries.
• Annual statutory reporting on agreements/activities and additional areas SecDef designates.

Funding condition

• Program-specific available funding; no contribution or loan authority inferred beyond express text.

All recorded limits

• Agreement authority alone does not waive drug regulation, human-subject rules, licensing or fiscal law.
• Does not itself provide money.

Authority holder

Secretary of Defense on covered partner Ministry of Defense request; State, Commerce and DNI consultation.

Eligibility gate

• Partner-request trigger and qualifying historic agreement.
• No activity until country-specific congressional report including cost/security MOA and certification.
• IP rights, semiannual spending reports and safeguards against adversary access.

Funding condition

• Cost sharing including in-kind; actual appropriations and agreement required.

All recorded limits

• Not authorization to cooperate with every country.
• EAR and all applicable arms-export laws expressly retained, including fundamental research/open-source/standards activities.
• Public evidence of completed reporting/designation not verified.