10 U.S.C. § 2350e — NATO Airborne Warning and Control

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) Inspection. (E) Contract administration. (F) Acceptance testing. (G) Certification services. (H) Planning, programming, and manage- ment 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 un- funded termination liability. (b) CONTRACT AUTHORITY LIMITATION.—Author- ity 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 ap- propriation Acts. (c) DEFINITION.—In this section, the term ‘‘AWACS memorandum of understanding’’ means— (1) the Multilateral Memorandum of Under- standing Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on Decem- ber 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 Memo- randum of Understanding Between the North Atlantic Treaty Organization (NATO) Min- isters of Defence on the NATO E–3A Coopera- tive Programme (dated December 6, 1978) re- lating to the modernization of the NATO Air- borne 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. (Added Pub. L. 101–189, div. A, title IX, § 932(a)(1), Nov. 29, 1989, 103 Stat. 1536; amended Pub. L. 102–190, div. A, title X, § 1051, Dec. 5, 1991, 105 Stat. 1470; Pub. L. 103–160, div. A, title XIV, § 1413, Nov. 30, 1993, 107 Stat. 1829.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended, which was set out as a note under sec- tion 2407 of this title, prior to repeal by Pub. L. 101–189, § 932(b). AMENDMENTS 1993—Subsec. (d). Pub. L. 103–160 struck out subsec. (d) which read as follows: ‘‘EXPIRATION.—The authority provided by this section expires on September 30, 1993.’’ 1991—Subsec. (c)(3), (4). Pub. L. 102–190, § 1051(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (d). Pub. L. 102–190, § 1051(2), substituted ‘‘1993’’ for ‘‘1991’’. § 2350f. Procurement of communications support and related supplies and services (a) As an alternative means of obtaining com- munications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organi- zations, under which, in return for being pro- vided communications support and related sup- plies and services, the United States would agree to provide to the allied country or coun- tries or allied international organization or al- lied international organizations, as the case may be, an equivalent value of communications support and related supplies and services. The term of an arrangement entered into under this subsection may not exceed five years. (b)(1) Any arrangement entered into under this section shall require that any accrued cred- its and liabilities resulting from an unequal ex- change of communications support and related supplies and services during the term of such ar- rangement would be liquidated by direct pay- ment to the party having provided the greater amount of communications support and related supplies and services. Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liq- uidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.