10 U.S.C. § 2342 — Cross-servicing agreements

Page 1877 TITLE 10—ARMED FORCES § 2342 enable a rapid response in a contingency operation (as defined in section 101(a) of title 10, United States Code) to the product support requirements of such contin- gency operation. ‘‘(d) AUTHORITIES.—In carrying out the Program, the Secretary may, in accordance with section 3 of the Arms Export Control Act (22 U.S.C. 2753), use the au- thorities under sections 2342, 2474, 3601, 4021, and 4022 of title 10, United States Code. ‘‘(e) REPORT.—Not later than 24 months after the date of the enactment of this Act [Dec. 22, 2023], the Sec- retary shall submit to Congress a report summarizing Program activities, including— ‘‘(1) any recommendations to reduce impediments to meeting the requirements of a combatant com- mand or covered nation for product support in a con- tested logistics environment; ‘‘(2) a summary of impediments identified under subsection (b)(7) and specific recommendations for necessary changes to statutory, regulatory, policy, agency guidance, or current limitations on expendi- ture, transfer, or receipt of funds to carry out the product support activities under this pilot indefi- nitely; ‘‘(3) a summary of waivers or exemptions identified under subsection (b)(8), along with any recommenda- tions for changes to the processes for obtaining such waivers or exemptions; and ‘‘(4) recommendations for improving the Program, including whether to extend or make the Program permanent. ‘‘(f) DEVELOPMENT AND PROMULGATION OF DEPART- MENT OF DEFENSE GUIDANCE.—Not later than 180 days after the date of the enactment of this Act, the Sec- retary shall issue guidance implementing the Program. ‘‘(g) SUNSET.—The authority under this section shall terminate on the date that is three years after the date of the enactment of this Act. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CONTESTED LOGISTICS ENVIRONMENT.—The term ‘contested logistics environment’ has the meaning given such term in section 2926 of title 10, United States Code. ‘‘(2) COVERED NATIONS.—The term ‘covered nation’ means— ‘‘(A) Australia; ‘‘(B) Canada; ‘‘(C) Japan; ‘‘(D) New Zealand; ‘‘(E) the Republic of Korea; ‘‘(F) the United Kingdom of Great Britain and Northern Ireland; or ‘‘(G) other nations as designated as a covered na- tion for the purposes of this Program by the Sec- retary. ‘‘(3) COVERED PRODUCT SUPPORT PROVIDER.—The term ‘covered product support provider’ means— ‘‘(A) a product support provider that includes an entity within the government of a covered nation; ‘‘(B) a private sector product support provider; or ‘‘(C) a product support integrator domiciled in the United States or a covered nation. ‘‘(4) PRODUCT SUPPORT; PRODUCT SUPPORT INTE- GRATOR; PRODUCT SUPPORT PROVIDER.—The terms ‘product support’, ‘product support integrator’, and ‘product support provider’ have the meanings given, respectively, in section 4324 of title 10, United States Code. ‘‘(5) PRODUCT SUPPORT ARRANGEMENT.— ‘‘(A) IN GENERAL.—The term ‘product support ar- rangement’ means a contract, task order, or any other type of agreement or arrangement, between the United States and a covered product support provider, for the performance of the functions de- scribed in subparagraph (B) with respect to— ‘‘(i) a platform or information system operated by the United States and the covered nation of such covered product support provider; or ‘‘(ii) a subsystem or components of such a plat- form or information system. ‘‘(B) FUNCTIONS DESCRIBED.—The functions de- scribed in this subparagraph, with respect to a plat- form, information system, subsystem, or compo- nent described in subparagraph (A), are the fol- lowing: ‘‘(i) Performance-based logistics. ‘‘(ii) Sustainment support. ‘‘(iii) Contractor logistics support. ‘‘(iv) Life-cycle product support. ‘‘(v) Weapon system product support. ‘‘(6) PROGRAM.—The term ‘Program’ means the demonstration and prototyping program established under subsection (a). ‘‘(7) SECRETARY.—The term ‘Secretary’ means the Secretary of Defense.’’ ACCEPTANCE OF REAL PROPERTY, SERVICES, AND COM- MODITIES FROM FOREIGN COUNTRIES BY AGENCIES OF DEPARTMENT OF DEFENSE Pub. L. 101–165, title IX, § 9008, Nov. 21, 1989, 103 Stat. 1130, which authorized agencies of Department of De- fense to accept use of real property from foreign coun- tries for United States in accordance with mutual de- fense agreements or occupational arrangements and to accept services furnished by foreign countries as recip- rocal international courtesies or as services custom- arily made available without charge and to use same for support of United States forces in such areas with- out specific appropriation therefor, was repealed and restated in section 2350g of this title by Pub. L. 101–510, div. A, title XIV, § 1451(b)(1), (c), Nov. 5, 1990, 104 Stat. 1692, 1693. OVERSEAS WORKLOAD PROGRAM Pub. L. 101–510, div. A, title XIV, § 1465, Nov. 5, 1990, 104 Stat. 1700, as amended by Pub. L. 102–190, div. A, title X, § 1085, Dec. 5, 1991, 105 Stat. 1483; Pub. L. 102–484, div. A, title XIII, § 1353, Oct. 23, 1992, 106 Stat. 2559, which related to eligibility of a firm of any member na- tion of North Atlantic Treaty Organization (NATO) or of any major non-NATO ally to bid on any contract for maintenance, repair, or overhaul of equipment of the Department of Defense to be awarded under competi- tive procedures as part of the Overseas Workload Pro- gram, was repealed and restated in section 2349 of this title by Pub. L. 103–160, div. A, title XIV, § 1431(a)(1), (b)(1), Nov. 30, 1993, 107 Stat. 1832, 1833. Similar provi- sions were contained in the following authorization or appropriation 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. § 2342. Cross-servicing agreements (a)(1) Subject to section 2343 of this title and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into an agree- ment described in paragraph (2) with any of the following: (A) The government of a North Atlantic Treaty Organization country. (B) A subsidiary body of the North Atlantic Treaty Organization. (C) The United Nations Organization or any regional international organization. (D) The government of a country not a mem- ber of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which Page 1878 TITLE 10—ARMED FORCES § 2342 the Secretary may enter into agreements under this section. (2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or orga- nization referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or or- ganization to elements of the armed forces. (b)(1) The Secretary of Defense may not des- ignate a country for an agreement under this section unless— (A) the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and (B) in the case of a country that is not a member of the North Atlantic Treaty Organi- zation, the Secretary submits to the appro- priate committees of Congress notice of the intended designation not less than 30 days be- fore the date on which such country is des- ignated by the Secretary under subsection (a). (2) In the case of a country that is not a mem- ber of the North Atlantic Treaty Organization, the Secretary of Defense may not enter into an agreement under this section unless the Sec- retary submits to the appropriate committees of Congress a notice of intent to enter into such an agreement not less than 30 days before the date on which the Secretary enters into the agree- ment. (c) The Secretary of Defense may not use the authority of this subchapter to procure from any foreign government or international organi- zation any goods or services reasonably avail- able from United States commercial sources. (d) The Secretary of Defense may not use an agreement with any government or an organiza- tion described in subsection (a)(1) to facilitate the transfer of logistic support, supplies, and services to any country or organization with which the Secretary has not signed an agree- ment described in subsection (a)(2). (e) An agreement described in subsection (a)(2) may not provide or otherwise constitute a com- mitment for the introduction of the armed forces into hostilities. (f) Not later than 30 days after the date of the enactment of the National Defense Authoriza- tion Act for Fiscal Year 2020, the Secretary of Defense shall designate an existing senior civil- ian or military official who shall have primary responsibility for— (1) accounting for logistic support, supplies, and services received or provided under acqui- sition and cross-servicing agreements; (2) ensuring consistent standards and guid- ance to the armed forces and combatant com- mands in executing acquisition and cross-serv- icing agreements; (3) overseeing and monitoring the implemen- tation of acquisition and cross-servicing agreements in coordination with the Under Secretary of Defense for Policy; and (4) such other responsibilities as may be pre- scribed by the Secretary. (g)(1) Not later than 90 days after the date of the enactment of the National Defense Author- ization Act for Fiscal Year 2020, the Secretary of Defense shall prescribe regulations to ensure that— (A) contracts entered into under this sub- chapter are free from self-dealing, bribery, and conflict of interests; (B) adequate processes and controls are in place to provide for the accurate accounting of logistic support, supplies, and services re- ceived or provided under the authority of this subchapter; and (C) personnel responsible for accounting for logistic support, supplies, and services re- ceived or provided under such authority are fully trained and aware of such responsibil- ities. (2)(A) Not later than 270 days after the issuance of the regulations under paragraph (1), the Comptroller General of the United States shall conduct a review of the implementation by the Secretary of such regulations. (B) The review conducted under subparagraph (A) shall— (i) assess the effectiveness of such regula- tions and the implementation of such regula- tions to ensure the effective management and oversight of an agreement under subsection (a)(1); and (ii) include any other matter the Comp- troller General considers relevant. (h) Not later than January 15 each year, the Secretary of Defense shall submit to the appro- priate committees of Congress a report on acqui- sition and cross-servicing activities that sets forth, in detail, the following: (1) A list of agreements that have entered into force or were applied provisionally pursu- ant to subsection (a)(1) during the preceding fiscal year. (2) The date on which each agreement listed under paragraph (1) was signed, and, in the case of an agreement with a country that is not a member of the North Atlantic Treaty Organization, the dates on which the Sec- retary notified Congress— (A) pursuant to subsection (b)(1)(B) of the designation of such country under sub- section (a); and (B) pursuant to subsection (b)(2) of the in- tent of the Secretary to enter into the agree- ment. (3) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and serv- ices provided during the preceding fiscal year under each such agreement. (4) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and serv- ices received during the preceding fiscal year under each such agreement. (5) With respect to any transaction for logis- tic support, supplies, and services that has not been reconciled more than one year after the date on which the transaction occurred, a de- scription of the transaction that includes the following: (A) The date on which the transaction oc- curred. Page 1879 TITLE 10—ARMED FORCES § 2342 (B) The country or organization to which logistic support, supplies, and services were provided. (C) The value of the transaction. (6) An explanation of any waiver granted under section 2347(c) during the preceding fis- cal year, including an identification of the rel- evant contingency operation or non-combat operation. (i) In this section, the term ‘‘appropriate com- mittees of Congress’’ means— (1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and (2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1016, § 2322; renumbered § 2342 and amended Pub. L. 99–145, title XIII, § 1304(a)(1), (4), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title XI, § 1104(a), Nov. 14, 1986, 100 Stat. 3963; Pub. L. 100–180, div. A, title XII, § 1231(9), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 101–510, div. A, title XIV, § 1451(a), Nov. 5, 1990, 104 Stat. 1692; Pub. L. 103–337, div. A, title XIII, § 1317(b), Oct. 5, 1994, 108 Stat. 2900; Pub. L. 104–106, div. A, title XV, § 1502(a)(16), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106–65, div. A, title X, § 1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 109–163, div. A, title XII, § 1204, Jan. 6, 2006, 119 Stat. 3456; Pub. L. 115–232, div. A, title XII, § 1271, Aug. 13, 2018, 132 Stat. 2065; Pub. L. 116–92, div. A, title XII, § 1203, Dec. 20, 2019, 133 Stat. 1620.) Editorial Notes REFERENCES IN TEXT The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsecs. (f) and (g)(1), is the date of enactment of Pub. L. 116–92, which was approved Dec. 20, 2019. AMENDMENTS 2019—Subsec. (b). Pub. L. 116–92, § 1203(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘The Secretary of Defense may not des- ignate a country for an agreement under this section unless— ‘‘(1) the Secretary, after consultation with the Sec- retary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and ‘‘(2) in the case of a country which is not a member of the North Atlantic Treaty Organization, the Sec- retary submits to the appropriate committees of Con- gress notice of the intended designation at least 30 days before the date on which such country is des- ignated by the Secretary under subsection (a).’’ Subsec. (f). Pub. L. 116–92, § 1203(b)(2), added subsec. (f). Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 116–92, § 1203(b)(1), (c), redesig- nated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. read as follows: ‘‘The Secretary shall prescribe regulations to ensure that contracts en- tered into under this subchapter are free from self-deal- ing, bribery, and conflict of interests.’’ Subsec. (h). Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i). Subsec. (h)(1). Pub. L. 116–92, § 1203(d)(1), substituted ‘‘that have entered into force or were applied provision- ally’’ for ‘‘in effect’’. Subsec. (h)(2). Pub. L. 116–92, § 1203(d)(2), substituted ‘‘dates on which the Secretary notified Congress—’’ and subpars. (A) and (B) for ‘‘date on which the Secretary notified Congress pursuant to subsection (b)(2) of the designation of such country under subsection (a).’’ Subsec. (h)(3). Pub. L. 116–92, § 1203(d)(3), amended par. (3) generally. Prior to amendment, par. (3) read as fol- lows: ‘‘The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.’’ Subsec. (h)(4). Pub. L. 116–92, § 1203(d)(4), amended par. (4) generally. Prior to amendment, par. (4) read as fol- lows: ‘‘The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.’’ Subsec. (h)(5), (6). Pub. L. 116–92, § 1203(d)(5), (6), added pars. (5) and (6) and struck out former par. (5) which read as follows: ‘‘With respect to the calendar year dur- ing which the report is submitted, an assessment of the following: ‘‘(A) The anticipated logistic support, supplies, and services requirements of the United States. ‘‘(B) The anticipated requirements of other coun- tries for United States logistic support, supplies, and services.’’ Subsec. (i). Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (h) as (i). 2018—Subsec. (b)(2). Pub. L. 115–232, § 1271(c)(1), sub- stituted ‘‘the appropriate committees of Congress’’ for ‘‘the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives’’. Subsecs. (d) to (f). Pub. L. 115–232, § 1271(a), added sub- secs. (d) and (e) and redesignated former subsec. (d) as (f). Subsec. (g). Pub. L. 115–232, § 1271(b), added subsec. (g). Subsec. (h). Pub. L. 115–232, § 1271(c)(2), added subsec. (h). 2006—Subsec. (a)(1)(C). Pub. L. 109–163 struck out ‘‘of which the United States is a member’’ before period at end. 1999—Subsec. (b)(2). Pub. L. 106–65 substituted ‘‘and the Committee on Armed Services’’ for ‘‘and the Com- mittee on National Security’’. 1996—Subsec. (b). Pub. L. 104–106 inserted ‘‘unless’’ after ‘‘section’’ in introductory provisions, struck out ‘‘unless’’ after ‘‘(1)’’ in par. (1), and substituted ‘‘the Secretary submits to the Committee on Armed Serv- ices and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representatives notice of the intended designation’’ for ‘‘notifies the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives’’ in par. (2). 1994—Subsec. (a)(1). Pub. L. 103–337, § 1317(b)(1), sub- stituted ‘‘with any of the following:’’ for ‘‘with—’’ in introductory provisions, substituted ‘‘The government’’ for ‘‘the government’’ and a period for the semicolon in subpar. (A), substituted ‘‘A subsidiary’’ for ‘‘a sub- sidiary’’ and ‘‘Organization.’’ for ‘‘Organization; or’’ in subpar. (B), added subpar. (C), redesignated former sub- par. (C) as (D) and substituted ‘‘The government’’ for ‘‘the government’’. Subsec. (a)(2). Pub. L. 103–337, § 1317(b)(2), substituted ‘‘organization’’ for ‘‘subsidiary body’’ in two places. Subsec. (c). Pub. L. 103–337, § 1317(b)(3), substituted ‘‘or international organization’’ for ‘‘as a routine or normal source’’. 1990—Subsec. (a). Pub. L. 101–510 amended subsec. (a) generally, revising and restating former pars. (1) to (3) relating to reciprocal logistical support agreements as pars. (1) and (2). 1989—Subsecs. (c), (d). Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’. 1987—Pub. L. 100–180 substituted ‘‘Cross-servicing’’ for ‘‘Cross servicing’’ in section catchline. 1986—Pub. L. 99–661 amended section generally, re- stating existing provisions in introductory text and Page 1880 TITLE 10—ARMED FORCES § 2343 par. (1) of subsec. (a), adding pars. (2) and (3) of subsec. (a), and adding subsecs. (b) to (d). 1985—Pub. L. 99–145 renumbered section 2322 of this title as this section and substituted ‘‘section 2343’’ for ‘‘section 2323’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on International Relations of House of Representatives changed to Committee on Foreign Af- fairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 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. CROSS SERVICING AGREEMENTS FOR LOAN OF PER- SONNEL PROTECTION AND PERSONNEL SURVIVABILITY EQUIPMENT IN COALITION OPERATIONS Pub. L. 113–291, div. A, title XII, § 1207, Dec. 19, 2014, 128 Stat. 3539, as amended by Pub. L. 115–91, div. A, title X, § 1051(t)(4), Dec. 12, 2017, 131 Stat. 1566; Pub. L. 116–92, div. A, title XII, § 1202, Dec. 20, 2019, 133 Stat. 1620; Pub. L. 118–31, div. A, title XII, § 1206, Dec. 22, 2023, 137 Stat. 448, provided that: ‘‘(a) IN GENERAL.—The Secretary of Defense may, with the concurrence of the Secretary of State, enter into an arrangement, under an agreement concluded pursuant to section 2342 of title 10, United States Code, under which the United States agrees to loan personnel protection and personnel survivability equipment for the use of such equipment by military forces of a na- tion participating in the following: ‘‘(1) A coalition operation with the United States as part of a contingency operation. ‘‘(2) A coalition operation with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agree- ment. ‘‘(3) Training of such forces in connection with the deployment of such forces to be deployed to an oper- ation described in paragraph (1) or (2). ‘‘(b) LIMITATIONS.— ‘‘(1) LOAN ONLY OF EQUIPMENT FOR WHICH U.S. FORCES HAVE NO UNFULFILLED REQUIREMENTS.—Equipment may be loaned to the military forces of a nation under the authority of this section only upon a deter- mination by the Secretary of Defense that the United States forces in the coalition operation concerned have no unfulfilled requirements for such equipment. ‘‘(2) SCOPE OF USE OF LOANED EQUIPMENT.—Equip- ment loaned to the military forces of a nation under the authority of this section may be used by those forces only for personnel protection or to aid in the personnel survivability of those forces and only in— ‘‘(A) a coalition operation with the United States described in paragraph (1) or (2) of subsection (a); or ‘‘(B) training described in paragraph (3) of sub- section (a). ‘‘(3) DURATION OF USE OF LOANED EQUIPMENT.— Equipment loaned to the military forces of a nation under the authority of this section may be used by the military forces of that nation not longer than the duration of that country’s participation in the coali- tion operation concerned. ‘‘(4) NOTICE AND WAIT ON LOAN OF EQUIPMENT FOR TRAINING.—Equipment may not be loaned under sub- section (a) in connection with training described in paragraph (3) of that subsection until 15 days after the date on which the Secretary of Defense submits to the appropriate committees of Congress written notice on the loan of such equipment for such pur- pose. ‘‘(c) WAIVER OF REIMBURSEMENT IN CASE OF LOSS OF EQUIPMENT IN COMBAT.— ‘‘(1) IN GENERAL.—In the case of equipment loaned under the authority of this section that is damaged or destroyed as a result of combat operations during coalition operations while held by forces to which loaned under this section, the Secretary of Defense may, with respect to such equipment, waive any other requirement under applicable law for— ‘‘(A) reimbursement; ‘‘(B) replacement-in-kind; or ‘‘(C) exchange of supplies or services of an equal value. ‘‘(2) BASIS FOR WAIVER.—Any waiver under this sub- section may be made only if the Secretary deter- mines that the waiver is in the national security in- terest of the United States. ‘‘(3) WAIVER ON A CASE-BY-CASE BASIS.—Any waiver under this subsection may be made only on a case-by- case basis. ‘‘(d) REPORTS TO CONGRESS.—If the authority pro- vided under this section is exercised during a fiscal year, the Secretary of Defense shall, with the concur- rence of the Secretary of State, submit to the appro- priate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equip- ment loaned, and the duration of the loan of such equipment. ‘‘(e) DEFINITIONS.—In this section: ‘‘(1) The term ‘appropriate committees of Congress’ means— ‘‘(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and ‘‘(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Rep- resentatives. ‘‘(2) The term ‘personnel protection and personnel survivability equipment’ means items enumerated in categories I, II, III, VII, X, XI, and XIII of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)[)] that the Secretary of Defense designates as available for loan under this section. ‘‘(f) EXPIRATION OF AUTHORITY.—The authority in sub- section (a) shall expire on December 31, 2029.’’ § 2343. Waiver of applicability of certain laws Sections 4651, 3201, 3351, 3352(a), 3352(c), 3701 through 3708, and 3841 of this title and section 6306 of title 41 shall not apply to acquisitions made under the authority of section 2341 of this title or to agreements entered into under sec- tion 2342 of this title. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1017, § 2323; renumbered § 2343 and amended Pub. L. 99–145, title IX, § 961(b), title XIII, § 1304(a)(1), (5), Nov. 8, 1985, 99 Stat. 703, 741; Pub. L. 100–26, § 7(g)(2), Apr. 21, 1987, 101 Stat. 282; Pub. L. 100–456, div. A, title XII, § 1233(d), Sept. 29, 1988, 102 Stat. 2057; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 102–190, div. A, title X, § 1061(a)(12), Dec. 5, 1991, 105 Stat. 1473; Pub. L. 103–337, div. A, title XIII, § 1317(c)(1), (2)(A), Oct. 5, 1994, 108 Stat. 2900; Pub. L. 111–350, § 5(b)(20), Jan. 4, 2011, 124 Stat. 3844; Pub. L. 116–283, div. A, title XVIII, §§ 1817(h), 1831(j)(3), 1862(c)(1), 1883(b)(2), Jan. 1, 2021, 134 Stat. 4188, 4216, 4278, 4294; Pub. L. 117–81, div. A, title XVII, § 1701(b)(10)(I)(i), Dec. 27, 2021, 135 Stat. 2134.)