10 U.S.C. § 2346 — Crediting of receipts

Page 1883 TITLE 10—ARMED FORCES § 2347 2345 of title 10, United States Code, as added by sub- section (a), shall apply with respect to credits accrued by the United States that— ‘‘(1) were accrued prior to, and remain unpaid as of, the date of the enactment of this Act [Dec. 23, 2016]; or ‘‘(2) are accrued after the date of the enactment of this Act.’’ 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. § 2346. Crediting of receipts Any receipt of the United States as a result of an agreement entered into under this sub- chapter shall be credited, at the option of the Secretary of Defense, to (1) the appropriation, fund, or account used in incurring the obliga- tion, or (2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2326; renumbered § 2346, Pub. L. 99–145, title XIII, § 1304(a)(1), Nov. 8, 1985, 99 Stat. 741; amended Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 103–337, div. A, title XIII, § 1317(f), Oct. 5, 1994, 108 Stat. 2900.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–337 substituted ‘‘shall be credited, at the option of the Secretary of Defense, to (1) the appro- priation, fund, or account used in incurring the obliga- tion, or (2) an appropriate appropriation, fund, or ac- count currently available for the purposes for which the expenditures were made’’ for ‘‘shall be credited to applicable appropriations, accounts, and funds of the Department of Defense’’. 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’. 1985—Pub. L. 99–145 renumbered section 2326 of this title as this section. Statutory Notes and Related Subsidiaries 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. § 2347. Limitation on amounts that may be obli- gated or accrued by the United States (a)(1) Except during a period of active hos- tilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North At- lantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $200,000,000 in any fiscal year, and of such amount not more than $50,000,000 in liabilities may be accrued for the acquisition of supplies. (2) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with a coun- try which is not a member of the North Atlantic Treaty Organization, but with which the United States has one or more acquisition or cross-serv- icing agreements, may not exceed $60,000,000 in any fiscal year, and of such amount not more than $20,000,000 in liabilities may be accrued for the acquisition of supplies. The $60,000,000 limi- tation specified in this paragraph is in addition to the limitation specified in paragraph (1). (b)(1) Except during a period of active hos- tilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North Atlantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $150,000,000 in any fiscal year. (2) Except during a period of active hostilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the com- putation of offsetting balances) with a country which is not a member of the North Atlantic Treaty Organization, but with which the United States has one or more acquisition or cross-serv- icing agreements may not exceed $75,000,000 in any fiscal year. Such limitation specified in this paragraph is in addition to the limitation speci- fied in paragraph (1). (c) When the armed forces are involved in a contingency operation or in a non-combat oper- ation (including an operation in support of the provision of humanitarian or foreign disaster as- sistance or in support of peacekeeping oper- ations under chapter VI or VII of the Charter of the United Nations), the restrictions in sub- sections (a) and (b) are waived for the purposes and duration of that operation. (d) The amount of any sale, purchase, or ex- change of petroleum, oils, or lubricants by the United States under this subchapter in any fis- cal year shall be excluded in any computation for the purposes of subsection (a) or (b) of the amount of reimbursable liabilities or reimburs- able credits that the United States accrues under this subchapter in that fiscal year. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2327; renumbered § 2347, Pub. L. 99–145, title XIII, § 1304(a)(1), Nov. 8, 1985, 99 Stat. 741; amended Pub. L. 99–661, div. A, title XI, § 1104(d), Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1001, Sept. 29, 1988, 102 Stat. 2037; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 102–484, div. A, title XIII, § 1312(b), Oct. 23, 1992, 106 Stat. 2547; Pub. L. 103–35, title II, § 202(a)(10), May 31, 1993, 107 Stat. 101; Pub. L. 103–337, div. A, title XIII, § 1317(g), Oct. 5, 1994, 108 Stat. 2901; Pub. L. 109–364, div. A, title XII, § 1221(a), Oct. 17, 2006, 120 Stat. 2423.)