10 U.S.C. § 2350g — Authority to accept use of real property,

Page 1897 TITLE 10—ARMED FORCES § 2350g (2) Parties to an arrangement entered into under this section shall annually reconcile ac- crued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communica- tions support and related supplies and services. (3) Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided. [(c) Repealed. Pub. L. 107–314, div. A, title X, § 1041(a)(10), Dec. 2, 2002, 116 Stat. 2645.] (d) In this section: (1) The term ‘‘allied country’’ means— (A) a country that is a member of the North Atlantic Treaty Organization; (B) Australia, New Zealand, Japan, or the Republic of Korea; or (C) any other country designated as an al- lied country for purposes of this section by the Secretary of Defense with the concur- rence of the Secretary of State. (2) The term ‘‘allied international organiza- tion’’ means the North Atlantic Treaty Orga- nization (NATO) or any other international or- ganization designated as an allied inter- national organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State. (Added Pub. L. 98–525, title X, § 1005(a), Oct. 19, 1984, 98 Stat. 2578, § 2401a; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; re- numbered § 2350f and amended Pub. L. 101–189, div. A, title IX, § 933(a)–(d), Nov. 29, 1989, 103 Stat. 1537; Pub. L. 101–510, div. A, title XIV, § 1484(k)(8), Nov. 5, 1990, 104 Stat. 1719; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), Feb. 10, 1996, 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(10), Dec. 2, 2002, 116 Stat. 2645.) Editorial Notes AMENDMENTS 2002—Subsec. (c). Pub. L. 107–314 struck out subsec. (c) which read as follows: ‘‘The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of all documents evidencing an arrangement entered into under sub- section (a) not later than 45 days after entering into such an arrangement.’’ 1999—Subsec. (c). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (c). Pub. L. 104–106 substituted ‘‘Com- mittee on Armed Services of the Senate and the Com- mittee on National Security of the House of Represent- atives’’ for ‘‘Committees on Armed Services of the Sen- ate and the House of Representatives’’. 1990—Subsec. (d)(1)(A). Pub. L. 101–510 substituted a semicolon for ‘‘, or’’ at end. 1989—Pub. L. 101–189, § 933(a), renumbered section 2401a of this title as this section. Subsec. (a). Pub. L. 101–189, § 933(b), substituted ‘‘a bi- lateral arrangement with any allied country or allied international organization or may enter into a multi- lateral arrangement with allied countries and allied international organizations’’ for ‘‘an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO),’’ and ‘‘the allied country or countries or allied international organization or allied international organizations, as the case may be,’’ for ‘‘such country or NATO’’ and inserted ‘‘The term of an arrangement entered into under this subsection may not exceed five years.’’ Subsec. (b). Pub. L. 101–189, § 933(c), designated first sentence as par. (1), inserted ‘‘Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation 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.’’ after ‘‘supplies and services.’’, added par. (2), and designated second sentence as par. (3). Subsec. (d). Pub. L. 101–189, § 933(d)(1), (2), substituted ‘‘In this section:’’ and par. (1) for ‘‘In this section, the term ‘allied country’ means—’’ and redesignated former cls. (1) and (2) as cls. (A) and (B). Subsec. (d)(1)(A). Pub. L. 101–189, § 933(d)(3), which di- rected amendment of cl. (A) by substituting a semi- colon for ‘‘; or’’ at end, could not be executed because ‘‘; or’’ did not appear. Subsec. (d)(1)(B). Pub. L. 101–189, § 933(d)(4), sub- stituted ‘‘; or’’ for period at end. Subsec. (d)(1)(C), (2). Pub. L. 101–189, § 933(d)(5), added cl. (C) and par. (2). 1987—Subsec. (d). Pub. L. 100–26 inserted ‘‘the term’’ after ‘‘In this section,’’. § 2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agree- ments and occupational arrangements (a) AUTHORITY TO ACCEPT.—The Secretary of Defense may accept from a foreign country, for the support of any element of the armed forces in an area of that country— (1) real property or the use of real property and services and supplies for the United States or for the use of the United States in accord- ance with a mutual defense agreement or oc- cupational arrangement; and (2) services furnished as reciprocal inter- national courtesies or as services customarily made available without charge. (b) AUTHORITY TO USE PROPERTY, SERVICES, AND SUPPLIES.—Property, services, or supplies referred to in subsection (a) may be used by the Secretary of Defense without specific authoriza- tion, except that such property, services, and supplies may not be used in connection with any program, project, or activity if the use of such property, services, or supplies would result in the violation of any prohibition or limitation otherwise applicable to that program, project, or activity. (c) PERIODIC AUDITS BY GAO.—The Comp- troller General of the United States shall make periodic audits of money and property accepted under this section, at such intervals as the Comptroller General determines to be war- ranted. The Comptroller General shall submit to Congress a report on the results of each such audit. (Added Pub. L. 101–510, div. A, title XIV, § 1451(b)(1), Nov. 5, 1990, 104 Stat. 1692; amended Pub. L. 103–160, div. A, title XI, § 1105(a), Nov. 30, 1993, 107 Stat. 1749; Pub. L. 106–65, div. A, title X, § 1032(a)(3), Oct. 5, 1999, 113 Stat. 751.) Page 1898 TITLE 10—ARMED FORCES § 2350h Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9008, Nov. 21, 1989, 103 Stat. 1130, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 101–510, § 1451(c). AMENDMENTS 1999—Subsecs. (b) to (d). Pub. L. 106–65 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) Not later than 30 days after the end of each quar- ter of each fiscal year, the Secretary of Defense shall submit to Congress a report on property, services, and supplies accepted by the Secretary under this section during the preceding quarter. The Secretary shall in- clude in each such report a description of all property, services, and supplies having a value of more than $1,000,000. ‘‘(2) In computing the value of any property, services, and supplies referred to in paragraph (1), the Secretary shall aggregate the value of— ‘‘(A) similar items of property, services, and sup- plies accepted by the Secretary during the quarter concerned; and ‘‘(B) components which, if assembled, would com- prise all or a substantial part of an item of equipment or a facility.’’ 1993—Subsec. (d). Pub. L. 103–160 substituted ‘‘Peri- odic Audits’’ for ‘‘Annual Audit’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘The Comptroller General of the United States shall conduct an annual audit of property, serv- ices, and supplies accepted by the Secretary of Defense under this section and shall submit a copy of the re- sults of each such audit to Congress.’’ § 2350h. Memorandums of agreement: Depart- ment of Defense ombudsman for foreign sig- natories The Secretary of Defense shall designate an official to act as ombudsman within the Depart- ment of Defense on behalf of foreign govern- ments who are parties to memorandums of agreement with the United States concerning acquisition matters under the jurisdiction of the Secretary of Defense. The official so designated shall assist officials of those foreign govern- ments in understanding and complying with pro- cedures and requirements of the Department of Defense (and, as appropriate, other departments and agencies of the United States) insofar as they relate to any such memorandum of agree- ment. (Added Pub. L. 101–510, div. A, title XIV, § 1452(a)(1), Nov. 5, 1990, 104 Stat. 1693.) Statutory Notes and Related Subsidiaries DEADLINE FOR DESIGNATION OF OMBUDSMAN Pub. L. 101–510, div. A, title XIV, § 1452(b), Nov. 5, 1990, 104 Stat. 1694, provided that the official required to be designated under this section was to be designated by the Secretary of Defense not later than 90 days after Nov. 5, 1990. § 2350i. Foreign contributions for cooperative projects (a) CREDITING OF CONTRIBUTIONS.—Whenever the United States participates in a cooperative project with a friendly foreign country or the North Atlantic Treaty Organization (NATO) on a cost-sharing basis, any contribution received by the United States from that foreign country or NATO to meet its share of the costs of the project may be credited to appropriations avail- able to an appropriate military department or another appropriate organization within the De- partment of Defense, as determined by the Sec- retary of Defense. (b) USE OF AMOUNTS CREDITED.—The amount of a contribution credited pursuant to subsection (a) to an appropriation account in connection with a cooperative project referred to in that subsection shall be available only for payment of the share of the project expenses allocated to the foreign country or NATO making the con- tribution. Payments for which such amount is available include the following: (1) Payments to contractors and other sup- pliers (including the Department of Defense and other participants acting as suppliers) for necessary articles and services. (2) Payments for any damages and costs re- sulting from the performance or cancellation of any contract or other obligation. (3) Payments or reimbursements of other program expenses, including program office overhead and administrative costs. (4) Refunds to other participants. (c) DEFINITIONS.—In this section: (1) The term ‘‘cooperative project’’ means a jointly managed arrangement, described in a written cooperative agreement entered into by the participants, that— (A) is undertaken by the participants in order to improve the conventional defense capabilities of the participants; and (B) provides for— (i) one or more participants (other than the United States) to share with the United States the cost of research and de- velopment, testing, evaluation, or joint production (including follow-on support) of defense articles; (ii) the United States and another partic- ipant concurrently to produce in the United States and the country of such other participant a defense article jointly developed in a cooperative project de- scribed in clause (i); or (iii) the United States to procure a de- fense article or a defense service from an- other participant in the cooperative project. (2) The term ‘‘defense article’’ has the mean- ing given such term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)). (3) The term ‘‘defense service’’ has the mean- ing given such term in section 47(4) of the Arms Export Control Act (22 U.S.C. 2794(4)). (Added Pub. L. 102–190, div. A, title X, § 1047(a), Dec. 5, 1991, 105 Stat. 1467.) § 2350j. Burden sharing contributions by des- ignated countries and regional organizations (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— The Secretary of Defense, after consultation with the Secretary of State, may accept cash contributions from any country or regional or-