10 U.S.C. § 2347 — Limitation on amounts that may be obli-

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.) Page 1884 TITLE 10—ARMED FORCES § 2348 Editorial Notes AMENDMENTS 2006—Subsec. (a)(1), (2). Pub. L. 109–364, § 1221(a)(1), struck out ‘‘(other than petroleum, oils, and lubri- cants)’’ after ‘‘supplies’’. Subsec. (d). Pub. L. 109–364, § 1221(a)(2), added subsec. (d). 1994—Subsec. (a)(1). Pub. L. 103–337, § 1317(g)(1), sub- stituted ‘‘Organization, subsidiary’’ for ‘‘Organization and subsidiary’’, inserted ‘‘, or from the United Nations Organization or any regional international organiza- tion of which the United States is a member’’ after ‘‘Treaty Organization’’, and substituted ‘‘$200,000,000’’ for ‘‘$150,000,000’’ and ‘‘$50,000,000’’ for ‘‘$25,000,000’’. Subsec. (a)(2). Pub. L. 103–337, § 1317(g)(2), substituted ‘‘$60,000,000’’ for ‘‘$10,000,000’’ in two places and ‘‘$20,000,000’’ for ‘‘$2,500,000’’. Subsec. (b)(1). Pub. L. 103–337, § 1317(g)(3), substituted ‘‘Organization, subsidiary’’ for ‘‘Organization and sub- sidiary’’, inserted ‘‘, or from the United Nations Orga- nization or any regional international organization of which the United States is a member’’ after ‘‘Treaty Organization’’, and substituted ‘‘$150,000,000’’ for ‘‘$100,000,000’’. Subsec. (b)(2). Pub. L. 103–337, § 1317(g)(4), substituted ‘‘$75,000,000’’ for ‘‘$10,000,000’’. Subsec. (c). Pub. L. 103–337, § 1317(g)(5), added subsec. (c). 1993—Subsec. (b)(2). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 1312(b)(4)(B). See 1992 Amendment note below. 1992—Subsec. (a)(1). Pub. L. 102–484, § 1312(b)(1), sub- stituted ‘‘armed forces’’ for ‘‘North Atlantic Treaty Or- ganization’’ and inserted ‘‘with other member countries of the North Atlantic Treaty Organization and sub- sidiary bodies of the North Atlantic Treaty Organiza- tion’’ after ‘‘(before the computation of offsetting bal- ances)’’. Subsec. (a)(2). Pub. L. 102–484, § 1312(b)(2), substituted ‘‘involving the armed forces, the total amount of reim- bursable liabilities that the United States may accrue under this subchapter (before the computation of off- setting balances) with’’ for ‘‘in the military region af- fecting’’ and struck out ‘‘the total amount of reimburs- able liabilities that the United States may accrue under this subchapter (before the computation of off- setting balances) with such country’’ after ‘‘cross-serv- icing agreements,’’. Subsec. (b)(1). Pub. L. 102–484, § 1312(b)(3), substituted ‘‘armed forces’’ for ‘‘North Atlantic Treaty Organiza- tion’’ and inserted ‘‘with other member countries of the North Atlantic Treaty Organization and subsidiary bodies of the North Atlantic Treaty Organization’’ after ‘‘(before the computation of offsetting balances)’’. Subsec. (b)(2). Pub. L. 102–484, § 1312(b)(4)(A), sub- stituted ‘‘involving the armed forces’’ for ‘‘in the mili- tary region affecting a country referred to in paragraph (1)’’. Pub. L. 102–484, § 1312(b)(4)(B), as amended by Pub. L. 103–35, substituted ‘‘(before the computation of offset- ting 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-servicing agreements’’ for ‘‘from such country (before computation of offsetting balances)’’. 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’ wherever appearing. 1988—Subsec. (a)(1). Pub. L. 100–456 substituted ‘‘$150,000,000’’ for ‘‘$100,000,000’’. 1986—Subsec. (a). Pub. L. 99–661, § 1104(d)(1), des- ignated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 99–661, § 1104(d)(2), designated ex- isting provisions as par. (1) and added par. (2). 1985—Pub. L. 99–145 renumbered section 2327 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title XII, § 1221(b), Oct. 17, 2006, 120 Stat. 2423, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect beginning with fiscal year 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. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–35 applicable as if in- cluded in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable to acquisitions of logistics support, sup- plies, and services under this chapter that are initiated on or after Oct. 23, 1992, see section 1312(c) of Pub. L. 102–484, set out as a note under section 2341 of this title. § 2348. Inventories of supplies not to be in- creased Inventories of supplies for elements of the armed forces may not be increased for the pur- pose of transferring supplies under the authority of this subchapter. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2328; amended Pub. L. 97–22, § 11(a)(8), July 10, 1981, 95 Stat. 138; renumbered § 2348, Pub. L. 99–145, title XIII, § 1304(a)(1), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title XI, § 1104(e), Nov. 14, 1986, 100 Stat. 3965; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’. 1986—Pub. L. 99–661 struck out ‘‘to military forces of any North Atlantic Treaty Organization country or any North Atlantic Treaty Organization subsidiary body’’ after ‘‘chapter’’. 1985—Pub. L. 99–145 renumbered section 2328 of this title as this section. 1981—Pub. L. 97–22 substituted ‘‘this chapter’’ for ‘‘this Act’’. § 2349. Overseas Workload Program (a) IN GENERAL.—A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of De- fense located outside the United States to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program. (b) SITE OF PERFORMANCE.—A contract award- ed to a firm described in subsection (a) may be performed in the theater in which the equip- ment is normally located or in the country in which the firm is located. (c) EXCEPTIONS.—The Secretary of a military department may restrict the geographic region