§ 2342. Cross-servicing agreements

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1980

   North Atlantic Treaty Organization Mutual Support Act of 1979

   Pub. L. 96–323 § 2(a) · 94 Stat. 1016

   Enacted · 10 U.S.C. § 2342

   Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1016, § 2322

   Source evidence

   Code source credit
   Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1016, § 2322

   Enacted provision · exact public law section
   (a) Title 10, United States Code, is amended by inserting after chapter 137 the following new chapter: “CHAPTER 138— NORTH ATLANTIC TREATY ORGANIZATION ACQUISITION AND CROSS-SERVICING AGREEMENTS “Sec. “2321. Authority to acquire logistic support, supplies, and services for United States armed forces in Europe. “2322. Cross-servicing agreements. “2323. Law applicable to acquisition and cross-servicing agreements. “2324. Methods of payment for acquisitions and transfers by the United States. “2325. Liquidation of accrued credits and liabilities. “2326. Crediting of receipts. “2327. Limitation on amounts that may be obligated or accrued by the United States. “2328. Inventories of supplies not to be increased. “2329. Regulations. “2330. Annual reports. “2331. Definitions. “§2321. Authority to acquire logistic support, supplies, and services for United States armed forces in Europe “Subject to section 2323 of this title and subject to the availability of appropriations, the Secretary of Defense may acquire from the Governments of North Atlantic Treaty Organization countries and from North Atlantic Treaty Organization subsidiary bodies logistic support, supplies, and services for elements of the armed forces deployed in Europe and adjacent waters. “§2322. Cross-servicing agreements “Subject to section 2323 of this title and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into agreements with the Government of any North Atlantic Treaty Organization country and with any North Atlantic Treaty Organization subsidiary body under which the United States agrees to provide logistic support, supplies, and services to military forces of such country or subsidiary body deployed in Europe and adjacent waters in return for the reciprocal provision of logistic support, supplies, and services by such country or subsidiary body to elements of the armed forces deployed in Europe and adjacent waters. “§2323. Law applicable to acquisition and cross-servicing agreements “(a) Except as provided in subsection (b), acquisition of logistic support, supplies, and services under section 2321 of this title and agreements entered into under section 2322 of this title shall be made in accordance with chapter 137 of this title and the provisions of this 10 USC 2301 et seq. chapter. “(b) Sections 2207, 2304(g), 2306(a), 2306(b), 2306(e), 2306(f), and 2313 of this title, section 3741 of the Revised Statutes (41 U.S.C. 22), and 10 USC 2207, 2304, 2306, 2313. section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168) shall not apply to acquisitions made under the authority of section 2321 of this title or to agreements entered into under section 2322 of this title. “§2324. Methods of payment for acquisitions and transfers by the United States “(a) Logistics support, supplies, and services may be acquired or transferred by the United States under the authority of this chapter on a reimbursement basis or by replacement-in-kind or exchange of supplies or services of an identical or substantially identical nature. “(b) (1) In entering into agreements with the Government of Reciprocal pricing principles. another North Atlantic Treaty Organization country for the acquisition or transfer of logistic support, supplies, and services on a reimbursement basis, the Secretary of Defense shall negotiate for adoption of the following pricing principles for reciprocal application: “(A) The price charged by a supplying country for logistics support, supplies, and services specifically procured by the supplying country from its contractors for a recipient country shall be no less favorable than the price for identical items or services charged by such contractors to the armed forces of the supplying country, taking into account price differentials due to delivery schedules, points of delivery, and other similar considerations. “(B) The price charged a recipient country for supplies furnished by a supplying country from its inventory, and the price charged a recipient country for logistics support and services furnished by the officers, employees, or governmental agencies of a supplying country, shall be the same as the price charged for identical supplies, support, or services acquired by an armed force of the supplying country from such governmental sources. “(2) To the extent that the Secretary of Defense is unable to obtain mutual acceptance by the other country involved of the reciprocal pricing principles for reimbursable transactions set forth in paragraph (1)— “(A) the United States may not acquire from such country any logistic support, supply, or service not governed by such reciprocal pricing principles unless the United States forces commander acquiring such support, supply, or service determines (after price analysis) that the price thereof is fair and reasonable; and “(B) transfers by the United States to such country under this Act of any logistic support, supply, or service that is not governed by such reciprocal pricing principles shall be subject to the pricing provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.). “(3) To the extent that indirect costs (including charges for plant Waiver. and production equipment), administrative surcharges, and contract administration costs with respect to any North Atlantic Treaty Organization country are not waived by operation of the reciprocal pricing principles of paragraph (1), the Secretary of Defense may, on a reciprocal basis, agree to waive such costs. “(4) The pricing principles set forth in paragraph (2) and the waiver authority provided in paragraph (3) shall also apply to agreements with North Atlantic Treaty Organization subsidiary bodies under this chapter. “§ 2325. Liquidation of accrued credits and liabilities “Credits and liabilities of the United States accrued as a result of acquisitions and transfers of logistic support, supplies, and services under the authority of this chapter shall be liquidated not less often than once every three months by direct payment to the entity supplying such support, supplies, or services by the entity receiving such support, supplies, or services. “§2326. Crediting of receipts “Any receipt of the United States as a result of an agreement entered into under this chapter shall be credited to applicable appropriations, accounts, and funds of the Department of Defense. “§2327. Limitation on amounts that may be obligated or accrued by the United States “(a) Except during a period of active hostilities involving the North Atlantic Treaty Organization, the total amount of reimbursable liabilities that the United States may accrue under this chapter (before the computation of offsetting balances) may not exceed $100,000,000 in any fiscal year, and of such amount not more than $25,000,000 in liabilities may be accrued for the acquisition of supplies (other than petroleum, oils, and lubricants). “(b) Except during a period of active hostilities involving the North Atlantic Treaty Organization, the total amount of reimbursable credits that the United States may accrue under this chapter (before the computation of offsetting balances) may not exceed $100,000,000 in any fiscal year. “§ 2328. Inventories of supplies not to be increased “Inventories of supplies for elements of the armed forces may not be increased for the purpose of transferring supplies under the authority of this Act to military forces of any North Atlantic Treaty Organization country or any North Atlantic Treaty Organization subsidiary body. “§2329. Regulations Copies, transmittal to Congress. “The Secretary of Defense shall prescribe regulations to implement this chapter and shall, not later than sixty days before the effective date of such regulations, transmit copies of such regulations to the Congress. No agreement to make an acquisition or transfer under the authority provided by this chapter may be entered into until such regulations take effect. “§2330. Annual reports Submittal to Congress. “The Secretary of Defense shall submit to the Congress not later than February 1 of each year a report containing— “(1) a description of each agreement entered into under the authority of this chapter that was in effect during the fiscal year preceding the fiscal year in which such report is submitted; “(2) a report of the dollar value of each reimbursable acquisition or transfer of logistic support, supplies, or services by the United States (by appropriation, account, or fund) during such fiscal year under each such agreement; “(3) a report of nonreimbursable acquisitions and transfers of logistic support and services by the United States (by appropriation, account, and fund) during such fiscal year under each such agreement; and “(4) a description of each agreement entered into (or expected to be entered into) under the authority of this chapter that is expected to be in effect during the fiscal year in which such report is submitted, together with a report of the estimated total dollar value of acquisitions and transfers by the United States (by appropriation, account, or fund) expected to be made during such fiscal year under each such agreement. “§2331. Definitions “In this chapter: “(1) ‘Logistic support, supplies, and services’ means food, billeting, transportation, 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, and port services. “(2) ‘North Atlantic Treaty Organization 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, National Representatives and International Staff, signed at Ottawa on September 20, 1951 (TIAS 2992; 5 UST1087); and “(B) any international military headquarters or organization to which the Protocol 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.”.

2. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XIII § 1304(a)(1) · 99 Stat. 583

   Substituted · 10 U.S.C. § 2342

   Pub. L. 99–145 renumbered section 2322 of this title as this section and substituted “section 2343” for “section 2323”

   Source evidence

   Code amendment note
   Pub. L. 99–145 renumbered section 2322 of this title as this section and substituted “section 2343” for “section 2323”.

   Enacted provision · exact public law section
   (1) Sections 2321, 2322, 2323 (as amended by section 961(b)), 98 Stat. 2597, 2598. 10 USC 2324–2328. Repeal. 10 USC 2330, 2331. 2324, 2325, 2326, 2327, and 2328 are redesignated as sections 2341 through 2348, respectively.

3. 1986

   Department of Defense Authorization Act, 1987

   Pub. L. 99–661 div. A title XI § 1104(a) · 100 Stat. 3816

   1. Amended · 10 U.S.C. § 2342

      Pub. L. 99–661 amended section generally, restating existing provisions in introductory text and par. (1) of subsec. (a)

   2. Added · 10 U.S.C. § 2342

      Pub. L. 99–661 adding pars. (2) and (3) of subsec. (a)

   3. Added · 10 U.S.C. § 2342

      Pub. L. 99–661 adding subsecs. (b) to (d)

   Source evidence

   Code amendment note
   Pub. L. 99–661 amended section generally, restating existing provisions in introductory text and par. (1) of subsec. (a), adding pars. (2) and (3) of subsec. (a), and adding subsecs. (b) to (d).

   Enacted provision · exact public law section
   (a) Authority To Enter Into Agreements With Countries Out-side Europe.— Sections 2341 and 2342 of title 10, United States Code, are amended to read as follows: “§ 2341. Authority to acquire logistic support, supplies, and services for elements of the armed forces deployed outside the United States “Subject to section 2343 of this title and subject to the availability of appropriations, the Secretary of Defense may— “(1) acquire from the Governments of North Atlantic Treaty Organization countries and from North Atlantic Treaty Organization subsidiary bodies logistic support, supplies, and services for elements of the armed forces deployed in Europe and adjacent waters; and “(2) acquire from any government not a member of the North Atlantic Treaty Organization in which elements of the armed forces are deployed (or are to be deployed) logistic support, supplies, and services for elements of the armed forces deployed (or to be deployed) in such country or in the military region in which such country is located if that country— “(A) has a defense alliance with the United States; “(B) permits the stationing of members of the armed Maritime affairs. forces in such country or the homeporting of naval vessels of the United States in such country; “(C) has agreed to preposition materiel of the United States in such country; or “(D) serves as the host country to military exercises which include elements of the armed forces or permits other military operations by the armed forces in such country. “§2342. Cross servicing agreements “(a) 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 any of the following agreements: “(1) An agreement with the government of a North Atlantic Treaty Organization country (or with a North Atlantic Treaty Organization subsidiary body) under which— “(A) the United States agrees to provide logistic support, supplies, and services to military forces of such country (or subsidiary body) deployed in Europe and adjacent waters, in return for “(B) the reciprocal provision of logistic support, supplies, and services by such country (or subsidiary body) to elements of the armed forces deployed in Europe and adjacent waters. “(2) An agreement with the government of a country designated by the Secretary of Defense which is not a member of the North Atlantic Treaty Organization under which— “(A) the United States agrees to provide logistic support, supplies, and services to the military forces of such country, in return for “(B) the reciprocal provision of logistic support, supplies, and services by such country to elements of the armed forces deployed in such country or in the military region in which such country is located. “(3) An agreement with the government of a country referred to in paragraph (1) or (2) under which— “(A) the United States agrees to provide logistic support, supplies, and services to the military forces of such country, in return for “(B) the reciprocal provision of support, supplies, and services for the armed forces from such country while the military forces of such country are stationed in North America or are performing military exercises or training in North America. “(b) The Secretary of Defense may not designate a country for an agreement under this section— “(1) Defense and national security. unless 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 “(2) in the case of a country which is not a member of the North Atlantic Treaty Organization, 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 at least 30 days before the date on which such country is designated by the Secretary under subsection (a). “(c) The Secretary of Defense may not use the authority of this chapter to procure from any foreign government as a routine or normal source any goods or services reasonably available from United States commercial sources. “(d) Regulations.Contracts. The Secretary shall prescribe regulations to ensure that contracts entered into under this chapter are free from self-dealing, bribery, and conflict of interests.”.

4. 1987

   National Defense Authorization Act for Fiscal Years 1988 and 1989

   Pub. L. 100–180 div. A title XII § 1231(9) · 101 Stat. 1019

   Substituted · 10 U.S.C. § 2342

   Pub. L. 100–180 substituted “Cross-servicing” for “Cross servicing” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 100–180 substituted “Cross-servicing” for “Cross servicing” in section catchline.

   Enacted provision · exact public law section
   (9) The heading of section 2342 is amended by inserting a hyphen between the first and second words.

5. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title IX § 931(e)(1) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 2342(c); 10 U.S.C. § 2342(d)

   Pub. L. 101–189 substituted “this subchapter” for “this chapter”

   Source evidence

   Code amendment note
   Subsecs. (c), (d). Pub. L. 101–189 substituted “this subchapter” for “this chapter”.

   Enacted provision · exact public law section
   (1) Sections 2342 through 2350 of title 10, United States Code, are amended by striking out “this chapter” each place it appears and inserting in lieu thereof “this subchapter”.

6. 1990

   National Defense Authorization Act for Fiscal Year 1991

   Pub. L. 101–510 div. A title XIV § 1451(a) · 104 Stat. 1485

   Amended · 10 U.S.C. § 2342(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)

   Source evidence

   Code amendment note
   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).

   Enacted provision · exact public law section
   (a) Cross-Servicing Agreements.— Subsection (a) of section 2342 of title 10, United States Code, is amended to read as follows: “(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 agreement described in paragraph (2) with— “(A) the government of a North Atlantic Treaty Organization country; “(B) a subsidiary body of the North Atlantic Treaty Organization; or “(C) the government of a country not a member 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 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 subsidiary body referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or subsidiary body to elements of the armed forces.”.

7. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 1317(b)(1) · 108 Stat. 2663

   1. Substituted · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), substituted “with any of the following:” for “with—” in introductory provisions

   2. Substituted · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), substituted “The government” for “the government” and a period for the semicolon in subpar. (A)

   3. Substituted · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), substituted “A subsidiary” for “a subsidiary” in subpar. (B)

   4. Substituted · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), substituted “Organization.” for “Organization; or” in subpar. (B)

   5. Added · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), added subpar. (C)

   6. Redesignated · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), redesignated former subpar. (C) as (D)

   7. Substituted · 10 U.S.C. § 2342(a)(1)

      Pub. L. 103–337, § 1317(b)(1), substituted “The government” for “the government”

   Source evidence

   Code amendment note
   Subsec. (a)(1). Pub. L. 103–337, § 1317(b)(1), substituted “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 subsidiary” and “Organization.” for “Organization; or” in subpar. (B), added subpar. (C), redesignated former subpar. (C) as (D) and substituted “The government” for “the government”.

   Enacted provision · exact public law section
   (1) in subsection (a)(1)— (A) by striking out “with—” in the matter preceding subparagraph (A) and inserting in lieu thereof “with any of the following:”; (B) in subparagraph (A)— (i) by capitalizing the first letter of the first word; and (ii) by striking out the semicolon at the end and inserting in lieu thereof a period; (C) in subparagraph (B)— (i) by capitalizing the first letter of the first word; and (ii) by striking out “; or” at the end and inserting in lieu thereof a period; (D) by redesignating subparagraph (C) as subparagraph (D) and capitalizing the first letter of the first word of that subparagraph; and (E) by inserting after subparagraph (B) the following new subparagraph (C): “(C) The United Nations Organization or any regional international organization of which the United States is a member”;

   Effective date note
   Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, supplies, 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.

8. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 1317(b)(2) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 2342(a)(2)

   Pub. L. 103–337, § 1317(b)(2), substituted “organization” for “subsidiary body” in two places

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 103–337, § 1317(b)(2), substituted “organization” for “subsidiary body” in two places.

   Enacted provision · exact public law section
   (2) in subsection (a)(2), by striking out “subsidiary body” both places it appears and inserting in lieu thereof “organization”; and

   Effective date note
   Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, supplies, 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.

9. 1994

   National Defense Authorization Act for Fiscal Year 1995

   Pub. L. 103–337 § 1317(b)(3) · 108 Stat. 2663

   Substituted · 10 U.S.C. § 2342(c)

   Pub. L. 103–337, § 1317(b)(3), substituted “or international organization” for “as a routine or normal source”

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 103–337, § 1317(b)(3), substituted “or international organization” for “as a routine or normal source”.

   Enacted provision · exact public law section
   (3) in subsection (c), by striking out “as a routine or normal source” and inserting in lieu thereof “or international organization”.

   Effective date note
   Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, supplies, 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.

10. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 div. A title XV § 1502(a)(16) · 110 Stat. 186

    1. Inserted · 10 U.S.C. § 2342(b)

       Pub. L. 104–106 inserted “unless” after “section” in introductory provisions

    2. Struck · 10 U.S.C. § 2342(b)

       Pub. L. 104–106 struck out “unless” after “(1)” in par. (1)

    3. Substituted · 10 U.S.C. § 2342(b)

       Pub. L. 104–106 substituted “the Secretary submits to the Committee on Armed Services 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)

    Source evidence

    Code amendment note
    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 Services 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).

    Enacted provision · exact public law section
    (16) Section 2342(b) is amended— (A) in the matter preceding paragraph (1), by striking out “section—” and inserting in lieu thereof “section unless— (B) in paragraph (1), by striking out “unless”; and (C) in paragraph (2), by striking out “notifies the” and all that follows through “House of Representatives” and inserting in lieu thereof “the Secretary submits to the Committee on Armed Services 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”.

11. 1999

    Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 2342(b)(2)

    Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

12. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 div. A title XII § 1204 · 119 Stat. 3136

    Struck · 10 U.S.C. § 2342(a)(1)(C)

    Pub. L. 109–163 struck out “of which the United States is a member” before period at end

    Source evidence

    Code amendment note
    Subsec. (a)(1)(C). Pub. L. 109–163 struck out “of which the United States is a member” before period at end.

    Enacted provision · exact public law section
    SEC. 1204. AUTHORITY FOR DEPARTMENT OF DEFENSE TO ENTER INTO ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH REGIONAL ORGANIZATIONS OF WHICH THE UNITED STATES IS NOT A MEMBER.   Subchapter I of chapter 138 of title 10, United States Code, is amended by striking “of which the United States is a member” in sections 2341(1), 2342(a)(1)(C), and 2344(b)(4).

13. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 1271(c)(1) · 132 Stat. 1636

    Substituted · 10 U.S.C. § 2342(b)(2)

    Pub. L. 115–232, § 1271(c)(1), substituted “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”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 115–232, § 1271(c)(1), substituted “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”.

    Enacted provision · exact public law section
    (1) in subsection (b)(2), by striking “the Committee on Armed Services” the first place it appears and all that follows through “the House of Representatives” and inserting “the appropriate committees of Congress”; and

14. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 1271(a) · 132 Stat. 1636

    1. Added · 10 U.S.C. § 2342(d)(f)

       Pub. L. 115–232, § 1271(a), added subsecs. (d) and (e)

    2. Redesignated · 10 U.S.C. § 2342(d)(f)

       Pub. L. 115–232, § 1271(a), redesignated former subsec. (d) as (f)

    Source evidence

    Code amendment note
    Subsecs. (d) to (f). Pub. L. 115–232, § 1271(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

    Enacted provision · exact public law section
    (a) Prohibitions.— Section 2342 of title 10, United States Code, is amended— (1) by redesignating subsection (d) as subsection (f); and (2) by inserting after subsection (c) the following new subsections (d) and (e): “(d) The Secretary of Defense may not use an agreement with any government or an organization 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 agreement described in subsection (a)(2). “(e) An agreement described in subsection (a)(2) may not provide or otherwise constitute a commitment for the introduction of the armed forces into hostilities.” .

15. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 1271(b) · 132 Stat. 1636

    Added · 10 U.S.C. § 2342(g)

    Pub. L. 115–232, § 1271(b), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 115–232, § 1271(b), added subsec. (g).

    Enacted provision · exact public law section
    (b) Annual Reports.— Such section is further amended by adding at the end the following new subsection: “(g) Not later than January 15 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on acquisition and cross-servicing activities that sets forth, in detail, the following: “(1) A list of agreements in effect pursuant 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 date on which the Secretary notified Congress pursuant to subsection (b)(2) of the designation of such country under subsection (a). “(3) The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement. “(4) The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement. “(5) With respect to the calendar year during 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 countries for United States logistic support, supplies, and services.” .

16. 2018

    John S. McCain National Defense Authorization Act for Fiscal Year 2019

    Pub. L. 115–232 § 1271(c)(2) · 132 Stat. 1636

    Added · 10 U.S.C. § 2342(h)

    Pub. L. 115–232, § 1271(c)(2), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 115–232, § 1271(c)(2), added subsec. (h).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(h) In this section, the term ‘appropriate committees 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.” .

17. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(a) · 133 Stat. 1198

    Amended · 10 U.S.C. § 2342(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 designate a country for an agreement under this section unless—

    Source evidence

    Code amendment note
    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 designate a country for an agreement under this section unless—

    “(1) 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 “(2) in the case of a country which is not a member of the North Atlantic Treaty Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation at least 30 days before the date on which such country is designated by the Secretary under subsection (a).”

    Enacted provision · exact public law section
    (a) Designation and Notice of Intent to Enter Into Agreement With Non-NATO Country.— Subsection (b) of section 2342 of title 10, United States Code, is amended to read as follows: “(b) (1) The Secretary of Defense may not designate 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 Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation not less than 30 days before the date on which such country is designated by the Secretary under subsection (a). “(2) In the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary of Defense may not enter into an agreement under this section unless the Secretary 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 agreement.” .

18. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(b)(2) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2342(f)

    Pub. L. 116–92, § 1203(b)(2), added subsec. (f). Former subsec. (f) redesignated (g)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–92, § 1203(b)(2), added subsec. (f). Former subsec. (f) redesignated (g).

    Enacted provision · exact public law section
    (2) by inserting after subsection (e) the following new subsection (f): “(f) Not later than 30 days after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, the Secretary of Defense shall designate an existing senior civilian or military official who shall have primary responsibility for— “(1) accounting for logistic support, supplies, and services received or provided under acquisition and cross-servicing agreements; “(2) ensuring consistent standards and guidance to the armed forces and combatant commands in executing acquisition and cross-servicing agreements; “(3) overseeing and monitoring the implementation of acquisition and cross-servicing agreements in coordination with the Under Secretary of Defense for Policy; and “(4) such other responsibilities as may be prescribed by the Secretary.” .

19. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(b)(1) · 133 Stat. 1198

    1. Redesignated · 10 U.S.C. § 2342(g)

       Pub. L. 116–92, § 1203(b)(1), (c), redesignated subsec. (f) as (g)

    2. Amended · 10 U.S.C. § 2342(g)

       Pub. L. 116–92, § 1203(b)(1), (c), amended it generally. Prior to amendment, subsec. read as follows: “The Secretary shall prescribe regulations to ensure that contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests.”

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 116–92, § 1203(b)(1), (c), redesignated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. read as follows: “The Secretary shall prescribe regulations to ensure that contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests.”

    Enacted provision · exact public law section
    (1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and

20. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(b)(1) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2342(h)

    Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

    Enacted provision · exact public law section
    (1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and

21. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(d)(1) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2342(h)(1)

    Pub. L. 116–92, § 1203(d)(1), substituted “that have entered into force or were applied provisionally” for “in effect”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 116–92, § 1203(d)(1), substituted “that have entered into force or were applied provisionally” for “in effect”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “in effect” and inserting “that have entered into force or were applied provisionally”;

22. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(d)(2) · 133 Stat. 1198

    Substituted · 10 U.S.C. § 2342(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).”

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (2) in paragraph (2), by striking “date on which the Secretary” and all that follows through the period at the end and inserting “dates on which the Secretary notified Congress— “(A) pursuant to subsection (b)(1)(B) of the designation of such country under subsection (a); and “(B) pursuant to subsection (b)(2) of the intent of the Secretary to enter into the agreement.” ;

23. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(d)(3) · 133 Stat. 1198

    Amended · 10 U.S.C. § 2342(h)(3)

    Pub. L. 116–92, § 1203(d)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.”

    Source evidence

    Code amendment note
    Subsec. (h)(3). Pub. L. 116–92, § 1203(d)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.”

    Enacted provision · exact public law section
    (3) by amending paragraph (3) to read as follows: “(3) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.” ;

24. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(d)(4) · 133 Stat. 1198

    Amended · 10 U.S.C. § 2342(h)(4)

    Pub. L. 116–92, § 1203(d)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.”

    Source evidence

    Code amendment note
    Subsec. (h)(4). Pub. L. 116–92, § 1203(d)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.”

    Enacted provision · exact public law section
    (4) by amending paragraph (4) to read as follows: “(4) The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services received during the preceding fiscal year under each such agreement.” ;

25. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(d)(5) · 133 Stat. 1198

    1. Added · 10 U.S.C. § 2342(h)(5); 10 U.S.C. § 2342(h)(6)

       Pub. L. 116–92, § 1203(d)(5), (6), added pars. (5) and (6)

    2. Struck · 10 U.S.C. § 2342(h)(5); 10 U.S.C. § 2342(h)(6)

       Pub. L. 116–92, § 1203(d)(5), (6), struck out former par. (5) which read as follows: “With respect to the calendar year during which the report is submitted, an assessment of the following:

    Source evidence

    Code amendment note
    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 during 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 countries for United States logistic support, supplies, and services.”

    Enacted provision · exact public law section
    (5) by striking paragraph (5); and

26. 2019

    National Defense Authorization Act for Fiscal Year 2020

    Pub. L. 116–92 § 1203(b)(1) · 133 Stat. 1198

    Redesignated · 10 U.S.C. § 2342(i)

    Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (h) as (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 116–92, § 1203(b)(1), redesignated subsec. (h) as (i).

    Enacted provision · exact public law section
    (1) by redesignating subsections (f) through (h) as subsections (g) through (i), respectively; and

39 of 39 references resolved to an enrolled provision