10 U.S.C. § 2349a — Untitled legal text

Page 1885 TITLE 10—ARMED FORCES § 2350 in which a contract referred to in subsection (a) may be performed if the Secretary determines that performance of the contract outside that specific region— (1) could adversely affect the military pre- paredness of the armed forces; or (2) would violate the terms of an inter- national agreement to which the United States is a party. (d) DEFINITION.—In this section, the term ‘‘major non-NATO ally’’ has the meaning given that term in section 2350a(i)(2) of this title. (Added Pub. L. 103–160, div. A, title XIV, § 1431(a)(1), Nov. 30, 1993, 107 Stat. 1832; amended Pub. L. 108–375, div. A, title X, § 1084(d)(18), Oct. 28, 2004, 118 Stat. 2062.) Editorial Notes PRIOR PROVISIONS A prior section 2349, added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2330; renumbered § 2349, Pub. L. 99–145, title XIII, § 1304(a)(3), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535, directed Secretary of Defense to submit a report to Congress annually relating to agreements under this chapter, prior to repeal by Pub. L. 101–510, § 1301(11). Provisions similar to those in this section were con- tained in Pub. L. 101–510, div. A, title XIV, § 1465, Nov. 5, 1990, 104 Stat. 1700, as amended, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 103–160, § 1431(b)(1). Other prior similar provi- sions, formerly set out under section 2341 of this title, were contained in the following authorization or appro- priation acts: Pub. L. 102–396, title IX, § 9130, Oct. 6, 1992, 106 Stat. 1935, as amended by Pub. L. 103–160, div. A, title XIV, § 1431(b)(2), Nov. 30, 1993, 107 Stat. 1833. Pub. L. 102–172, title VIII, § 8122, Nov. 26, 1991, 105 Stat. 1205. Pub. L. 101–511, title VIII, § 8003, Nov. 5, 1990, 104 Stat. 1873. Pub. L. 100–180, div. A, title X, § 1021, Dec. 4, 1987, 101 Stat. 1143. AMENDMENTS 2004—Subsec. (d). Pub. L. 108–375 substituted ‘‘section 2350a(i)(2)’’ for ‘‘section 2350a(i)(3)’’. [§ 2349a. Repealed. Pub. L. 112–239, div. A, title X, § 1076(g)(3), Jan. 2, 2013, 126 Stat. 1955] Section, added Pub. L. 103–337, div. A, title XIII, § 1317(i)(1), Oct. 5, 1994, 108 Stat. 2902, required annual report from 1996 to 2000 regarding non-NATO cross-serv- icing and acquisition actions. § 2350. Definitions In this subchapter: (1) The term ‘‘logistic support, supplies, and services’’ means food, billeting, transportation (including airlift), petroleum, oils, lubricants, clothing, communications services, medical services, ammunition, base operations support (and construction incident to base operations support), storage services, use of facilities, training services, spare parts and components, repair and maintenance services, calibration services, and port services. Such term includes temporary use of general purpose vehicles and other nonlethal items of military equipment which are not designated as significant mili- tary equipment on the United States Muni- tions List promulgated pursuant to section 38(a)(1) of the Arms Export Control Act. (2) The term ‘‘North Atlantic Treaty Organi- zation subsidiary bodies’’ means— (A) any organization within the meaning of the term ‘‘subsidiary bodies’’ in article I of the multilateral treaty on the Status of the North Atlantic Treaty Organisation, Na- tional Representatives and International Staff, signed at Ottawa on September 20, 1951 (TIAS 2992; 5 UST 1087); and (B) any international military head- quarters or organization to which the Pro- tocol on the Status of International Military Headquarters Set Up Pursuant to the North Atlantic Treaty, signed at Paris on August 28, 1952 (TIAS 2978; 5 UST 870), applies. (3) The term ‘‘military region’’ means the geographical area of responsibility assigned to the commander of a unified combatant com- mand (excluding Europe and adjacent waters). (4) The term ‘‘transfer’’ means selling (whether for payment in currency, replace- ment-in-kind, or exchange of supplies or serv- ices of equal value), leasing, loaning, or other- wise temporarily providing logistic support, supplies, and services under the terms of a cross-servicing agreement. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1019, § 2331; renumbered § 2350, Pub. L. 99–145, title XIII, § 1304(a)(3), Nov. 8, 1985, 99 Stat. 741; amended Pub. L. 99–661, div. A, title XI, § 1104(f), Nov. 14, 1986, 100 Stat. 3965; Pub. L. 100–26, § 7(k)(2), Apr. 21, 1987, 101 Stat. 284; 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(h), Oct. 5, 1994, 108 Stat. 2901; Pub. L. 105–85, div. A, title XII, § 1222, Nov. 18, 1997, 111 Stat. 1937.) Editorial Notes REFERENCES IN TEXT Section 38(a)(1) of the Arms Export Control Act, re- ferred to in par. (1), is classified to section 2778(a)(1) of Title 22, Foreign Relations and Intercourse. AMENDMENTS 1997—Par. (1). Pub. L. 105–85, in second sentence, sub- stituted ‘‘other nonlethal items of military equipment which are not designated as significant military equip- ment on the United States Munitions List promul- gated’’ for ‘‘other items of military equipment not des- ignated as part of the United States Munitions List’’. 1994—Par. (1). Pub. L. 103–337, § 1317(h)(1), inserted ‘‘(including airlift)’’ after ‘‘transportation’’, ‘‘calibra- tion services,’’ after ‘‘maintenance services,’’, and ‘‘Such term includes temporary use of general purpose vehicles and other items of military equipment not des- ignated as part of the United States Munitions List pursuant to section 38(a)(1) of the Arms Export Control Act.’’ at end. Par. (4). Pub. L. 103–337, § 1317(h)(2), added par. (4). 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’ in introductory provisions. 1987—Pub. L. 100–26 inserted ‘‘The term’’ after each par. designation and struck out uppercase letter of first word after first quotation marks in pars. (1) and (3) and substituted lowercase letter. 1986—Par. (3). Pub. L. 99–661 added par. (3). 1985—Pub. L. 99–145 renumbered section 2331 of this title as this section.