10 U.S.C. § 2350f — Procurement of communications support

Page 1896 TITLE 10—ARMED FORCES § 2350e Subsec. (a)(1)(B). Pub. L. 113–66, § 1250(a)(2)(B), sub- stituted ‘‘activities’’ for ‘‘a specific weapon system’’. Subsec. (a)(2)(A). Pub. L. 113–66, § 1250(a)(1), sub- stituted ‘‘NATO Support Organization and its executive agencies’’ for ‘‘NATO Maintenance and Supply Organi- zation’’. Subsec. (b). Pub. L. 113–66, § 1250(a)(3), substituted ‘‘Support Partnership Agreement’’ for ‘‘Weapon System Partnership Agreement’’ in introductory provisions. Pub. L. 113–66, § 1250(a)(1), substituted ‘‘NATO Sup- port Organization and its executive agencies’’ for ‘‘NATO Maintenance and Supply Organization’’ wher- ever appearing. Subsecs. (c), (d). Pub. L. 113–66, § 1250(a)(3), sub- stituted ‘‘Support Partnership Agreement’’ for ‘‘Weap- on System Partnership Agreement’’. Subsec. (e). Pub. L. 113–66, § 1250(a)(1), (3), substituted ‘‘NATO Support Organization and its executive agen- cies’’ for ‘‘NATO Maintenance and Supply Organiza- tion’’ and ‘‘Support Partnership Agreement’’ for ‘‘Weapon System Partnership Agreement’’. 1992—Subsec. (c). Pub. L. 102–484 inserted ‘‘and costs of claims’’ after ‘‘administrative costs’’. 1989—Subsec. (e). Pub. L. 101–189, § 938(c), inserted ‘‘this chapter and’’ after ‘‘in accordance with’’. § 2350e. NATO Airborne Warning and Control System (AWACS) program: authority of Sec- retary of Defense (a) AUTHORITY UNDER AWACS PROGRAM.—The Secretary of Defense, in carrying out an AWACS memorandum of understanding, may do the fol- lowing: (1) Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Con- trol System (AWACS) program office: (A) Auditing. (B) Quality assurance. (C) Codification. (D) Inspection. (E) Contract administration. (F) Acceptance testing. (G) Certification services. (H) Planning, programming, and manage- ment services. (2) Waive any surcharge for administrative services otherwise chargeable. (3) In connection with that Program, assume contingent liability for— (A) program losses resulting from the gross negligence of any contracting officer of the United States; (B) identifiable taxes, customs duties, and other charges levied within the United States on the program; and (C) the United States share of the un- funded termination liability. (b) CONTRACT AUTHORITY LIMITATION.—Author- ity under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in ap- propriation Acts. (c) DEFINITION.—In this section, the term ‘‘AWACS memorandum of understanding’’ means— (1) the Multilateral Memorandum of Under- standing Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on Decem- ber 6, 1978; (2) the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984; (3) the Addendum to the Multilateral Memo- randum of Understanding Between the North Atlantic Treaty Organization (NATO) Min- isters of Defence on the NATO E–3A Coopera- tive Programme (dated December 6, 1978) re- lating to the modernization of the NATO Air- borne Early Warning and Control (NAEW&C) System, dated December 7, 1990; and (4) any other follow-on support agreement for the NATO E–3A Cooperative Programme. (Added Pub. L. 101–189, div. A, title IX, § 932(a)(1), Nov. 29, 1989, 103 Stat. 1536; amended Pub. L. 102–190, div. A, title X, § 1051, Dec. 5, 1991, 105 Stat. 1470; Pub. L. 103–160, div. A, title XIV, § 1413, Nov. 30, 1993, 107 Stat. 1829.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended, which was set out as a note under sec- tion 2407 of this title, prior to repeal by Pub. L. 101–189, § 932(b). AMENDMENTS 1993—Subsec. (d). Pub. L. 103–160 struck out subsec. (d) which read as follows: ‘‘EXPIRATION.—The authority provided by this section expires on September 30, 1993.’’ 1991—Subsec. (c)(3), (4). Pub. L. 102–190, § 1051(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (d). Pub. L. 102–190, § 1051(2), substituted ‘‘1993’’ for ‘‘1991’’. § 2350f. Procurement of communications support and related supplies and services (a) As an alternative means of obtaining com- munications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organi- zations, under which, in return for being pro- vided communications support and related sup- plies and services, the United States would agree to provide to the allied country or coun- tries or allied international organization or al- lied international organizations, as the case may be, an equivalent value of communications support and related supplies and services. The term of an arrangement entered into under this subsection may not exceed five years. (b)(1) Any arrangement entered into under this section shall require that any accrued cred- its and liabilities resulting from an unequal ex- change of communications support and related supplies and services during the term of such ar- rangement would be liquidated by direct pay- ment to the party having provided the greater amount of communications support and related supplies and services. Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liq- uidation 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. 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.)