SEC. 1235.

Policy on NATO standardization and allied production for next-generation small arms ammunition

DIVISION A · TITLE XII: Matters relating to Foreign Nations · SUBTITLE D: Matters relating to Europe

Source
SECTION TEXT · SEC. 1235.

(a) Statement of policy

It shall be the policy of the Department of Defense that any next-generation small arms ammunition adopted for widespread operational use by the Armed Forces shall, to the maximum extent practicable consistent with operational and survivability requirements—

(1)

be aligned with and incorporated into NATO standardization agreements;

(2)

support full interoperability among NATO member countries for logistics, resupply, and coalition operations; and

(3)

be capable of manufacture at scale by multiple producers, including producers located within NATO member countries.

(b) Engagement for implementation

The Secretary of Defense, acting through the Secretary of the Army, shall implement the policy described in subsection (a) by—

(1)

formally engaging appropriate counterparts of NATO member countries, NATO standardization bodies, and allied defense ministries to pursue adoption of a standardization agreement for 6.8x51mm ammunition, or any successor next-generation small arms ammunition, with the objective of pursuing standardization on a timeline not exceeding, to the extent feasible, five years after the date of enactment of this Act;

(2)

incorporating NATO standardization and allied production objectives as mandatory program requirements, acquisition strategy elements, and milestone decision criteria for 6.8x51mm ammunition; and

(3)

ensuring that domestic ammunition design, performance specifications, and production planning for 6.8x51mm ammunition—

(A)

do not foreclose opportunities for NATO standardization through proprietary or design constraints; and

(B)

otherwise affirmatively enable NATO standardization and interoperability.

(c) Technical data rights for allied production

The Secretary of the Army shall, in implementing an acquisition strategy for 6.8x51mm ammunition consistent with subsection (b)

(1)

obtain, consistent with subchapter I of chapter 275 of title 10, United States Code (and data rights policies issued thereunder), a technical data package and associated unlimited or government-purpose rights with respect to such ammunition sufficient to enable competitive procurement and, where appropriate, allied production;

(2)

establish contracting mechanisms to permit licensed or independent production of such ammunition by entities within NATO member countries; and

(3)

minimize, to the greatest extent possible and consistent with other applicable provisions of law, proprietary, licensing, or intellectual property restrictions that would unreasonably impede allied production or coalition interoperability.

(d) Report on interoperability constraints

Not later than March 1, 2027, the Secretary of the Army shall notify the congressional defense committees of any restrictions described in subsection (c)(3) that are not capable of being eliminated, along with the reasons for such incapability.

(e) Strategy for NATO standardization

Not later than 180 days after the date of enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a strategy that—

(1)

identifies the specific NATO standardization bodies, forums, and timelines through which standardization described in subsection (b)(1) will be pursued;

(2)

describes the industrial base actions required to enable allied production of 6.8x51mm ammunition; and

(3)

identifies known barriers to NATO standardization, adoption, or commercialization with respect to such ammunition, whether technical, legal, or contractual, and specific steps and timelines to resolve each.

(f) Annual progress report

Not later than one year after submission of the strategy required under subsection (e), and annually thereafter until the Secretary of Defense makes an affirmative determination described in subsection (g), the Secretary of Defense shall submit to the congressional defense committees a report that—

(1)

describes progress toward NATO standardization of 6.8x51mm ammunition;

(2)

identifies actions taken to enable allied production of such ammunition;

(3)

assesses any remaining barriers to achieving NATO standardization, adoption, or commercialization and steps planned to address them; and

(4)

explains any failure to meet the timelines established in the strategy submitted pursuant to subsection (e).

(g) Termination of progress report

The requirement under subsection (f) shall terminate on the date the Secretary of Defense determines that—

(1)

at least one European ally is producing 6.8x51mm ammunition in accordance with the standardization and interoperability objectives of this section; or

(2)

no current United States weapons system uses 6.8x51mm ammunition.

(h) Applicability

To the maximum extent practicable, the requirements of this section shall be implemented through future solicitations, contract modifications by mutual agreement, and new contract awards.

(i) Rule of construction

Nothing in this section may be construed to require the renegotiation of existing contracts in a manner that would violate applicable procurement laws or result in a breach of contract.