10 U.S.C. § 2350 — Definitions

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 Repealed.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. Page 1886 TITLE 10—ARMED FORCES § 2350a 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. SUBCHAPTER II—OTHER COOPERATIVE AGREEMENTS Sec. 2350a. Cooperative research and development agree- ments: NATO organizations; allied and friendly foreign countries. 2350b. Cooperative projects under Arms Export Con- trol Act: acquisition of defense equipment. 2350c. Cooperative military airlift agreements: al- lied countries. 2350d. Cooperative acquisition and logistics support agreements: NATO countries. 2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Secretary of Defense. 2350f. Procurement of communications support and related supplies and services. 2350g. Authority to accept use of real property, services, and supplies from foreign coun- tries in connection with mutual defense agreements and occupational arrange- ments. 2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories. 2350i. Foreign contributions for cooperative projects. 2350j. Burden sharing contributions by designated countries and regional organizations. 2350k. Relocation within host nation of elements of armed forces overseas. 2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries and inter- national organizations. 2350m. Participation in European program on multi- lateral exchange of surface transportation services. 2350n. North Atlantic Treaty Organization Joint Force Command. 2350o. Participation in programs relating to coordi- nation or exchange of air refueling and air transportation services. 2350p. Reciprocal patient movement agreements. 2350q. Execution of projects under the North Atlan- tic Treaty Organization Security Invest- ment Program. 2350r. North Atlantic Treaty Organization Allied Special Operations Forces Command. 2350s. Authority to contribute to innovation fund. Editorial Notes AMENDMENTS 2024—Pub. L. 118–159, div. A, title X, § 1051, title XIII, § 1301(a)(1), Dec. 23, 2024, 138 Stat. 2061, 2110, added item 2350s and substituted ‘‘Allied Special Operations Forces Command’’ for ‘‘Special Operations Headquarters’’ in item 2350r. Amendments were made pursuant to oper- ation of section 102 of this title. 2022—Pub. L. 117–263, div. A, title XII, §§ 1244(b)(1), 1271(b), Dec. 23, 2022, 136 Stat. 2845, 2860, substituted ‘‘acquisition and logistics support’’ for ‘‘logistic sup- port’’ in item 2350d and added item 2350r. Amendment to item 2350d was made pursuant to operation of sec- tion 102 of this title. 2021—Pub. L. 117–81, div. A, title X, § 1081(a)(29), title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 1921, 2154, re- designated item 2350m ‘‘Execution of projects under the North Atlantic Treaty Organization Security Invest- ment Program’’ as 2350q and repealed Pub. L. 116–283, div. A, title XVIII, § 1844(b)(2)(A), Jan. 1, 2021, 134 Stat. 4246, which had directed striking out item 2350l. Pub. L. 116–283, div. A, title XII, §§ 1202(b), 1203(b), 1204(b), div. B, title XXV, § 2503(b), Jan. 1, 2021, 134 Stat. 3910–3912, 4310, added items 2350m ‘‘Participation in Eu- ropean program on multilateral exchange of surface transportation services’’, 2350o, 2350p, and 2350m ‘‘Exe- cution of projects under the North Atlantic Treaty Or- ganization Security Investment Program’’. 2019—Pub. L. 116–92, div. A, title XII, § 1249(b), Dec. 20, 2019, 133 Stat. 1664, added item 2350n. 2016—Pub. L. 114–328, div. A, title XII, § 1241(o)(7), Dec. 23, 2016, 130 Stat. 2512, struck out item 2350m ‘‘Partici- pation in multinational military centers of excel- lence’’. 2008—Pub. L. 110–417, [div. A], title XII, § 1232(a)(2), Oct. 14, 2008, 122 Stat. 4639, added item 2350m. 2001—Pub. L. 107–107, div. A, title XII, §§ 1212(e)(2), 1213(b), Dec. 28, 2001, 115 Stat. 1250, 1251, substituted ‘‘Cooperative research and development agreements: NATO organizations; allied and friendly foreign coun- tries’’ for ‘‘Cooperative research and development projects: allied countries’’ in item 2350a and added item 2350l. 1996—Pub. L. 104–106, div. A, title XIII, § 1332(a)(2), Feb. 10, 1996, 110 Stat. 484, added item 2350k. 1993—Pub. L. 103–160, div. A, title XIV, § 1402(b), Nov. 30, 1993, 107 Stat. 1826, added item 2350j. 1991—Pub. L. 102–190, div. A, title X, § 1047(b), Dec. 5, 1991, 105 Stat. 1468, added item 2350i. Pub. L. 102–25, title VII, § 704(a)(9), Apr. 6, 1991, 105 Stat. 119, made clarifying amendment to directory lan- guage of Pub. L. 101–510, div. A, title XIV, § 1451(b)(2), Nov. 5, 1990, 104 Stat. 1693. See 1990 Amendment note below. 1990—Pub. L. 101–510, div. A, title XIV, § 1452(a)(2), Nov. 5, 1990, 104 Stat. 1694, added item 2350h. Pub. L. 101–510, div. A, title XIV, § 1451(b)(2), Nov. 5, 1990, 104 Stat. 1693, as amended by Pub. L. 102–25, title VII, § 704(a)(9), Apr. 6, 1991, 105 Stat. 119, added item 2350g. § 2350a. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries (a) AUTHORITY TO ENGAGE IN COOPERATIVE R&D PROJECTS.—(1) The Secretary of Defense may enter into a memorandum of understanding (or other formal agreement) with one or more countries or organizations referred to in para- graph (2) for the purpose of conducting coopera- tive research and development projects on de- fense equipment and munitions. (2) The countries and organizations with which the Secretary may enter into a memorandum of agreement (or other formal agreement) under paragraph (1) are as follows: (A) The North Atlantic Treaty Organization. (B) A NATO organization. (C) A member nation of the North Atlantic Treaty Organization. (D) A major non-NATO ally. (E) Any other friendly foreign country. (F) The European Union, including the Euro- pean Defence Agency, the European Commis- sion, and the Council of the European Union, and their suborganizations. (3) If such a memorandum of understanding (or other formal agreement) is with a country re- ferred to in subparagraph (E) of paragraph (2), such memorandum (or agreement) may go into effect only after the Secretary submits to the Committees on Armed Services and on Foreign Relations of the Senate and to the Committees