10 U.S.C. § 2349 — Overseas Workload Program

Page 1884 TITLE 10—ARMED FORCES § 2348 Editorial Notes AMENDMENTS 2006—Subsec. (a)(1), (2). Pub. L. 109–364, § 1221(a)(1), struck out ‘‘(other than petroleum, oils, and lubri- cants)’’ after ‘‘supplies’’. Subsec. (d). Pub. L. 109–364, § 1221(a)(2), added subsec. (d). 1994—Subsec. (a)(1). Pub. L. 103–337, § 1317(g)(1), sub- stituted ‘‘Organization, subsidiary’’ for ‘‘Organization and subsidiary’’, inserted ‘‘, or from the United Nations Organization or any regional international organiza- tion of which the United States is a member’’ after ‘‘Treaty Organization’’, and substituted ‘‘$200,000,000’’ for ‘‘$150,000,000’’ and ‘‘$50,000,000’’ for ‘‘$25,000,000’’. Subsec. (a)(2). Pub. L. 103–337, § 1317(g)(2), substituted ‘‘$60,000,000’’ for ‘‘$10,000,000’’ in two places and ‘‘$20,000,000’’ for ‘‘$2,500,000’’. Subsec. (b)(1). Pub. L. 103–337, § 1317(g)(3), substituted ‘‘Organization, subsidiary’’ for ‘‘Organization and sub- sidiary’’, inserted ‘‘, or from the United Nations Orga- nization or any regional international organization of which the United States is a member’’ after ‘‘Treaty Organization’’, and substituted ‘‘$150,000,000’’ for ‘‘$100,000,000’’. Subsec. (b)(2). Pub. L. 103–337, § 1317(g)(4), substituted ‘‘$75,000,000’’ for ‘‘$10,000,000’’. Subsec. (c). Pub. L. 103–337, § 1317(g)(5), added subsec. (c). 1993—Subsec. (b)(2). Pub. L. 103–35 made technical amendment to directory language of Pub. L. 102–484, § 1312(b)(4)(B). See 1992 Amendment note below. 1992—Subsec. (a)(1). Pub. L. 102–484, § 1312(b)(1), sub- stituted ‘‘armed forces’’ for ‘‘North Atlantic Treaty Or- ganization’’ and inserted ‘‘with other member countries of the North Atlantic Treaty Organization and sub- sidiary bodies of the North Atlantic Treaty Organiza- tion’’ after ‘‘(before the computation of offsetting bal- ances)’’. Subsec. (a)(2). Pub. L. 102–484, § 1312(b)(2), substituted ‘‘involving the armed forces, the total amount of reim- bursable liabilities that the United States may accrue under this subchapter (before the computation of off- setting balances) with’’ for ‘‘in the military region af- fecting’’ and struck out ‘‘the total amount of reimburs- able liabilities that the United States may accrue under this subchapter (before the computation of off- setting balances) with such country’’ after ‘‘cross-serv- icing agreements,’’. Subsec. (b)(1). Pub. L. 102–484, § 1312(b)(3), substituted ‘‘armed forces’’ for ‘‘North Atlantic Treaty Organiza- tion’’ and inserted ‘‘with other member countries of the North Atlantic Treaty Organization and subsidiary bodies of the North Atlantic Treaty Organization’’ after ‘‘(before the computation of offsetting balances)’’. Subsec. (b)(2). Pub. L. 102–484, § 1312(b)(4)(A), sub- stituted ‘‘involving the armed forces’’ for ‘‘in the mili- tary region affecting a country referred to in paragraph (1)’’. Pub. L. 102–484, § 1312(b)(4)(B), as amended by Pub. L. 103–35, substituted ‘‘(before the computation of offset- ting balances) with a country which is not a member of the North Atlantic Treaty Organization, but with which the United States has one or more acquisition or cross-servicing agreements’’ for ‘‘from such country (before computation of offsetting balances)’’. 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’ wherever appearing. 1988—Subsec. (a)(1). Pub. L. 100–456 substituted ‘‘$150,000,000’’ for ‘‘$100,000,000’’. 1986—Subsec. (a). Pub. L. 99–661, § 1104(d)(1), des- ignated existing provisions as par. (1) and added par. (2). Subsec. (b). Pub. L. 99–661, § 1104(d)(2), designated ex- isting provisions as par. (1) and added par. (2). 1985—Pub. L. 99–145 renumbered section 2327 of this title as this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Pub. L. 109–364, div. A, title XII, § 1221(b), Oct. 17, 2006, 120 Stat. 2423, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect beginning with fiscal year 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. EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103–35 applicable as if in- cluded in the enactment of Pub. L. 102–484, see section 202(b) of Pub. L. 103–35, set out as a note under section 155 of this title. EFFECTIVE DATE OF 1992 AMENDMENT Amendment by Pub. L. 102–484 effective Oct. 23, 1992, and applicable to acquisitions of logistics support, sup- plies, and services under this chapter that are initiated on or after Oct. 23, 1992, see section 1312(c) of Pub. L. 102–484, set out as a note under section 2341 of this title. § 2348. Inventories of supplies not to be in- creased Inventories of supplies for elements of the armed forces may not be increased for the pur- pose of transferring supplies under the authority of this subchapter. (Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2328; amended Pub. L. 97–22, § 11(a)(8), July 10, 1981, 95 Stat. 138; renumbered § 2348, Pub. L. 99–145, title XIII, § 1304(a)(1), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title XI, § 1104(e), Nov. 14, 1986, 100 Stat. 3965; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘this subchapter’’ for ‘‘this chapter’’. 1986—Pub. L. 99–661 struck out ‘‘to military forces of any North Atlantic Treaty Organization country or any North Atlantic Treaty Organization subsidiary body’’ after ‘‘chapter’’. 1985—Pub. L. 99–145 renumbered section 2328 of this title as this section. 1981—Pub. L. 97–22 substituted ‘‘this chapter’’ for ‘‘this Act’’. § 2349. Overseas Workload Program (a) IN GENERAL.—A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the Department of De- fense located outside the United States to be awarded under competitive procedures as part of the program of the Department of Defense known as the Overseas Workload Program. (b) SITE OF PERFORMANCE.—A contract award- ed to a firm described in subsection (a) may be performed in the theater in which the equip- ment is normally located or in the country in which the firm is located. (c) EXCEPTIONS.—The Secretary of a military department may restrict the geographic region 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.