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10 U.S.C. § 2350e — NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense
Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority Under AWACS Program.—** The Secretary of Defense, in carrying out an AWACS memorandum of understanding, may do the following:
(1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:
(A) Auditing.
(B) Quality assurance.
(C) Codification.
(D) Inspection.
(E) Contract administration.
(F) Acceptance testing.
(G) Certification services.
(H) Planning, programming, and management services.
(2) Waive any surcharge for administrative services otherwise chargeable.
(3) In connection with that Program, assume contingent liability for—
(A) program losses resulting from the gross negligence of any contracting officer of the United States;
(B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and
(C) the United States share of the unfunded termination liability.
**(b) Contract Authority Limitation.—** Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
**(c) Definition.—** In this section, the term “AWACS memorandum of understanding” means—
(1) the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978;
(2) the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984;
(3) the Addendum to the Multilateral Memorandum of Understanding Between
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Source file: Laws/federal/codes/united-states-code/title-10/section-2350e-nato-airborne-warning-and-control-system-awacs-program-authority-of-secr--e2d87d7b8d.md
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Source location: Title 10, Chapter 138, § 2350e; chapter-138-cooperative-agreements-with-nato-allies-and-other-countries.md
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**(a) Authority Under AWACS Program.—** The Secretary of Defense, in carrying out an AWACS memorandum of understanding, may do the following:
(1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:
(A) Auditing.
(B) Quality assurance.
(C) Codification.
(D) Inspection.
(E) Contract administration.
(F) Acceptance testing.
(G) Certification services.
(H) Planning, programming, and management services.
(2) Waive any surcharge for administrative services otherwise chargeable.
(3) In connection with that Program, assume contingent liability for—
(A) program losses resulting from the gross negligence of any contracting officer of the United States;
(B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and
(C) the United States share of the unfunded termination liability.
**(b) Contract Authority Limitation.—** Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.
**(c) Definition.—** In this section, the term “AWACS memorandum of understanding” means—
(1) the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978;
(2) the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984;
(3) the Addendum to the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme (dated December 6, 1978) relating to the modernization of the NATO Airborne Early Warning and Control (NAEW&C) System, dated December 7, 1990; and
(4) any other follow-on support agreement for the NATO E–3A Cooperative Programme.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### NATO Cooperative Logistic Support Agreements
Pub. L. 99–661, div. A, title XI, § 1102, Nov. 14, 1986, 100 Stat. 3961, which authorized Secretary of Defense to enter Weapon System Partnership Agreements with one or more governments of other member countries of NATO, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(2), Nov. 29, 1989, 103 Stat. 1535. See [section 2350d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350d&num=0&edition=prelim).
#### NATO Cooperative Research and Development
Pub. L. 99–145, title XI, § 1103, Nov. 8, 1985, 99 Stat. 712, which urged and requested member nations of NATO to cooperate in research and development of defense equipment and munitions and in the production of defense equipment, was repealed by Pub. L. 101–189, div. A, title IX, § 931(d)(1), Nov. 29, 1989, 103 Stat. 1535. See [section 2350a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2350a&num=0&edition=prelim).
#### Authority of Secretary of Defense in Connection With NATO AWACS Program
Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended by Pub. L. 97–252, title I, § 106, Sept. 8, 1982, 96 Stat. 720; Pub. L. 98–94, title I, § 105, Sept. 24, 1983, 97 Stat. 620; Pub. L. 98–525, title I, § 106, Oct. 19, 1984, 98 Stat. 2503; Pub. L. 99–145, title I, § 106(b), Nov. 8, 1985, 99 Stat. 596; Pub. L. 99–661, title I, § 106, Nov. 14, 1986, 100 Stat. 3827; Pub. L. 100–180, title I, § 109, Dec. 4, 1987, 101 Stat. 1036, which set forth authority of Secretary of Defense in connection with NATO AWACS Program, was repealed by Pub. L. 101–189, div. A, title IX, § 932(b), Nov. 29, 1989, 103 Stat. 1537. See [section 2350e of this title](https://uscode.house.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2407
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Federal law — U.S. Code and appendices · legal_authorities
Page 1896
TITLE 10—ARMED FORCES
§ 2350e
Subsec. (a)(1)(B). Pub. L. 113–66, § 1250(a)(2)(B), sub-
stituted ‘‘activities’’ for ‘‘a specific weapon system’’.
Subsec. (a)(2)(A). Pub. L. 113–66, § 1250(a)(1), sub-
stituted ‘‘NATO Support Organization and its executive
agencies’’ for ‘‘NATO Maintenance and Supply Organi-
zation’’.
Subsec. (b). Pub. L. 113–66, § 1250(a)(3), substituted
‘‘Support Partnership Agreement’’ for ‘‘Weapon System
Partnership Agreement’’ in introductory provisions.
Pub. L. 113–66, § 1250(a)(1), substituted ‘‘NATO Sup-
port Organization and its executive agencies’’ for
‘‘NATO Maintenance and Supply Organization’’ wher-
ever appearing.
Subsecs. (c), (d). Pub. L. 113–66, § 1250(a)(3), sub-
stituted ‘‘Support Partnership Agreement’’ for ‘‘Weap-
on System Partnership Agreement’’.
Subsec. (e). Pub. L. 113–66, § 1250(a)(1), (3), substituted
‘‘NATO Support Organization and its executive agen-
cies’’ for ‘‘NATO Maintenance and Supply Organiza-
tion’’ and ‘‘Support Partnership Agreement’’ for
‘‘Weapon System Partnership Agreement’’.
1992—Subsec. (c). Pub. L. 102–484 inserted ‘‘and costs
of claims’’ after ‘‘administrative costs’’.
1989—Subsec. (e). Pub. L. 101–189, § 938(c), inserted
‘‘this chapter and’’ after ‘‘in accordance with’’.
§ 2350e. NATO Airborne Warning and Control
System (AWACS) program: authority of Sec-
retary of Defense
(a) AUTHORITY UNDER AWACS PROGRAM.—The
Secretary of Defense, in carrying out an AWACS
memorandum of understanding, may do the fol-
lowing:
(1) Waive reimbursement for the cost of the
following functions performed by personnel
other than personnel employed in the United
States Air Force Airborne Warning and Con-
trol System (AWACS) program office:
(A) Auditing.
(B) Quality assurance.
(C) Codification.
(D)
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2350e
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.