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10 U.S.C. § 2343 — Waiver of applicability of certain laws
Federal law — U.S. Code and appendices · legal_authorities
Sections 4651, 3201, 3351, 3352(a), 3352(c), 3701 through 3708, and 3841 of this title and [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim) shall not apply to acquisitions made under the authority of [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2341&num=0&edition=prelim) or to agreements entered into under [section 2342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2342&num=0&edition=prelim).
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Stable record: federal_law:legal_authorities:record_usc_c5f9862eae296a6ed31d7dad
Source file: Laws/federal/codes/united-states-code/title-10/section-2343-waiver-of-applicability-of-certain-laws--0277398163.md
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Source location: Title 10, Chapter 138, § 2343; chapter-138-cooperative-agreements-with-nato-allies-and-other-countries.md
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Sections 4651, 3201, 3351, 3352(a), 3352(c), 3701 through 3708, and 3841 of this title and [section 6306 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section6306&num=0&edition=prelim) shall not apply to acquisitions made under the authority of [section 2341 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2341&num=0&edition=prelim) or to agreements entered into under [section 2342 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2342&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** A Member of Congress may not enter into or benefit from a contract or agreement or any part of a contract or agreement with the Federal Government.
**(b) Exemptions.—**
(1) **In general.—** — Subsection (a) does not apply to contracts that the Secretary of Agriculture may enter into with farmers.
(2) **Certain acts.—** — Subsection (a) does not apply to a contract entered into under—
(A) the Agricultural Adjustment Act ([7 U.S.C. 601](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title7-section601&num=0&edition=prelim) et seq.);
(B) the Farm Credit Act of 1971 ([12 U.S.C. 2001](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section2001&num=0&edition=prelim) et seq.); or
(C) the Home Owners’ Loan Act ([12 U.S.C. 1461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1461&num=0&edition=prelim) et seq.).
(3) **Public record.—** — An exemption under this subsection shall be made a matter of public record.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 6306
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added and amended Pub. L. 102–484, div. A, title VIII, §§ 801(a)(1), (b)–(f), 802, Oct. 23, 1992, 106 Stat. 2442–2444, 2446; Pub. L. 103–35, title II, § 202(a)(6), May 31, 1993, 107 Stat. 101; Pub. L. 103–160, div. A, title VIII, § 811(a)–(c), (e), Nov. 30, 1993, 107 Stat. 1702; Pub. L. 103–355, title VII, § 7105, Oct. 13, 1994, 108 Stat. 3369; Pub. L. 104–106, div. D, title XLIII, § 4321(b)(8), Feb. 10, 1996, 110 Stat. 672; Pub. L. 105–135, title VI, § 604(a), Dec. 2, 1997, 111 Stat. 2632; Pub. L. 105–261, div. A, title VIII, § 801, Oct. 17, 1998, 112 Stat. 2080; Pub. L. 106–65, div. A, title VIII, § 808, Oct. 5, 1999, 113 Stat. 705; Pub. L. 107–107, div. A, title X, § 1048(a)(17), Dec. 28, 2001, 115 Stat. 1223; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VIII, § 816, Dec. 2, 2002, 116 Stat. 2610; Pub. L. 108–136, div. A, title X, § 1031(a)(15), Nov. 24, 2003, 117 Stat. 1597; Pub. L. 109–163, div. A, title VIII, § 842, Jan. 6, 2006, 119 Stat. 3389; Pub. L. 109–364, div. A, title VIII, § 858, Oct. 17, 2006, 120 Stat. 2349; Pub. L. 110–181, div. A, title VIII, § 891, Jan. 28, 2008, 122 Stat. 270; Pub. L. 111–383, div. A, title X, § 1075(b)(31), Jan. 7, 2011, 124 Stat. 4370; Pub. L. 115–91, div. A, title XVII, § 1701(a)(4)(B), Dec. 12, 2017, 131 Stat. 1796, related to contract goals for small disadvantaged businesses and certain institutions of higher education.
A prior section 2323, added Pub. L. 98–525, title XII, § 1216(a), Oct. 19, 1984, 98 Stat. 2598; amended Pub. L. 99–500, § 101(c) [title X, § 926(a)(1)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–153, and Pub. L. 99–591, § 101(c) [title X, § 926(a)(1)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–153; Pub. L. 99–661, div. A, title I
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2323
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act Aug. 10, 1956, ch. 1041, 70A Stat. 128; Pub. L. 85–800, § 8, Aug. 28, 1958, 72 Stat. 967; Pub. L. 85–861, § 33(a)(12), Sept. 2, 1958, 72 Stat. 1565; Pub. L. 87–653, § 1(a)–(c), Sept. 10, 1962, 76 Stat. 528; Pub. L. 90–268, § 5, Mar. 16, 1968, 82 Stat. 50; Pub. L. 90–500, title IV, § 405, Sept. 20, 1968, 82 Stat. 851; Pub. L. 93–356, § 4, July 25, 1974, 88 Stat. 390; Pub. L. 96–513, title V, § 511(76), Dec. 12, 1980, 94 Stat. 2926; Pub. L. 97–86, title IX, § 907(a), Dec. 1, 1981, 95 Stat. 1117; Pub. L. 97–295, § 1(24), Oct. 12, 1982, 96 Stat. 1290; Pub. L. 97–375, title I, § 114, Dec. 21, 1982, 96 Stat. 1821; Pub. L. 98–369, div. B, title VII, §§ 2723(a), 2727(b), July 18, 1984, 98 Stat. 1187, 1194; Pub. L. 98–577, title V, § 504(b)(1), (2), Oct. 30, 1984, 98 Stat. 3086; Pub. L. 99–145, title IX, § 961(a)(1), title XIII, § 1303(a)(13), Nov. 8, 1985, 99 Stat. 703, 739; Pub. L. 99–500, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 18, 1986, 100 Stat. 1783–82, 1783–152, 1783–155, and Pub. L. 99–591, § 101(c) [title X, §§ 923(a)–(c), 927(a)], Oct. 30, 1986, 100 Stat. 3341–82, 3341–152, 3341–155; Pub. L. 99–661, div. A, title IX, formerly title IV, §§ 923(a)–(c), 927(a), title XIII, § 1343(a)(14), Nov. 14, 1986, 100 Stat. 3932, 3935, 3993, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–26, § 7(d)(3), Apr. 21, 1987, 101 Stat. 281; Pub. L. 100–456, div. A, title VIII, § 803, Sept. 29, 1988, 102 Stat. 2008; Pub. L. 101–189, div. A, title VIII, §§ 812, 817, 818, 853(d), Nov. 29, 1989, 103 Stat. 1493, 1501, 1502, 1519; Pub. L. 101–510, div. A, title VIII, § 806(b), Nov. 5, 1990, 104 Stat. 1592; Pub. L. 102–25, title VII, § 701(d)(2), Apr. 6, 1991, 105 Stat. 114; Pub. L. 102–484, div. A, title VIII, §§ 801(
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2304
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Subject to [section 2343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2343&num=0&edition=prelim) and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into an agreement described in paragraph (2) with any of the following:
(A) The government of a North Atlantic Treaty Organization country.
(B) A subsidiary body of the North Atlantic Treaty Organization.
(C) The United Nations Organization or any regional international organization.
(D) The government of a country not a member of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which the Secretary may enter into agreements under this section.
(2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or organization referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or organization to elements of the armed forces.
**(b)**
(1) The Secretary of Defense may not designate a country for an agreement under this section unless—
(A) the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and
(B) in the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation not less than 30 days before the date on
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2342
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Defense Acquisition System.—** In this part, the term “defense acquisition system” means—
(1) the workforce engaged in carrying out the acquisition of property and services for the Department of Defense;
(2) the management structure responsible for directing and overseeing the acquisition of property and services for the Department of Defense; and
(3) the statutory, regulatory, and policy framework that guides the acquisition of property and services for the Department of Defense.
**(b) Element of the Defense Acquisition System.—** In this part, the term “element of the defense acquisition system” means an organization that—
(1) employs members of the acquisition workforce;
(2) carries out acquisition functions; and
(3) focuses primarily on acquisition.
**(c) Acquisition.—** In this part, the term “acquisition” has the meaning provided in [section 131 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section131&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3001
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Federal law — U.S. Code and appendices · legal_authorities
Subject to [section 2343 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2343&num=0&edition=prelim) and subject to the availability of appropriations, the Secretary of Defense may—
(1) acquire from the Governments of North Atlantic Treaty Organization countries, from North Atlantic Treaty Organization subsidiary bodies, and from the United Nations Organization or any regional international organization logistic support, supplies, and services for elements of the armed forces deployed outside the United States; and
(2) acquire from any government not a member of the North Atlantic Treaty Organization logistic support, supplies, and services for elements of the armed forces deployed (or to be deployed) outside the United States if that country—
(A) has a defense alliance with the United States;
(B) permits the stationing of members of the armed forces in such country or the homeporting of naval vessels of the United States in such country;
(C) has agreed to preposition materiel of the United States in such country; or
(D) serves as the host country to military exercises which include elements of the armed forces or permits other military operations by the armed forces in such country.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2341
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Individual or Class Determinations and Decisions Authorized.—** Determinations and decisions required to be made under any chapter 137 legacy provision by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final.
**(b) Written Findings Required.—**
(1) Each determination or decision under section 3531(a), 3803, or 3841(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.
(2) Each finding referred to in paragraph (1) is final. The head of the agency making such finding shall maintain a copy of the finding for not less than 6 years after the date of the determination or decision.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4751
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Federal law — U.S. Code and appendices · legal_authorities
Page 1880
TITLE 10—ARMED FORCES
§ 2343
par. (1) of subsec. (a), adding pars. (2) and (3) of subsec.
(a), and adding subsecs. (b) to (d).
1985—Pub. L. 99–145 renumbered section 2322 of this
title as this section and substituted ‘‘section 2343’’ for
‘‘section 2323’’.
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Committee on International Relations of House of
Representatives changed to Committee on Foreign Af-
fairs of House of Representatives by House Resolution
No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–337 applicable with regard
to any acquisition or transfer of logistic support, sup-
plies, and services under authority of this subchapter
that is initiated after Oct. 5, 1994, see section 1317(j) of
Pub. L. 103–337, set out as a note under section 2341 of
this title.
CROSS
SERVICING
AGREEMENTS
FOR
LOAN
OF
PER-
SONNEL PROTECTION
AND PERSONNEL SURVIVABILITY
EQUIPMENT IN COALITION OPERATIONS
Pub. L. 113–291, div. A, title XII, § 1207, Dec. 19, 2014,
128 Stat. 3539, as amended by Pub. L. 115–91, div. A, title
X, § 1051(t)(4), Dec. 12, 2017, 131 Stat. 1566; Pub. L. 116–92,
div. A, title XII, § 1202, Dec. 20, 2019, 133 Stat. 1620; Pub.
L. 118–31, div. A, title XII, § 1206, Dec. 22, 2023, 137 Stat.
448, provided that:
‘‘(a) IN GENERAL.—The Secretary of Defense may,
with the concurrence of the Secretary of State, enter
into an arrangement, under an agreement concluded
pursuant to section 2342 of title 10, United States Code,
under which the United States agrees to loan personnel
protection and personnel survivability equipment for
the use of such equipment by military forces of a na-
tion participating in the following:
‘‘(1) A coalition operation with the United States as
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2343
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