§ 2343. Waiver of applicability of certain laws

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. § 2343

   Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1017, § 2323

   Source evidence

   Code source credit
   Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1017, § 2323

   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 § 1304(a)(1) · 99 Stat. 583

   Changed · 10 U.S.C. § 2343

   Pub. L. 99–145, § 1304(a)(1), renumbered section 2323 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 99–145, § 1304(a)(1), renumbered section 2323 of this title as this section.

   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. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 1304(a)(5) · 99 Stat. 583

   1. Substituted · 10 U.S.C. § 2343(a)

      Pub. L. 99–145, § 1304(a)(5), substituted “section 2341” for “section 2321”

   2. Substituted · 10 U.S.C. § 2343(a)

      Pub. L. 99–145, § 1304(a)(5), substituted “section 2342” for “section 2322”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 99–145, § 1304(a)(5), substituted “section 2341” for “section 2321” and “section 2342” for “section 2322”.

   Enacted provision · exact public law section
   (5) Section 2323 (as so redesignated) is amended— (A) by striking out “section 2321” both places it appears and inserting in lieu thereof “section 2341”; and (B) by striking out “section 2322” both places it appears and inserting in lieu thereof “section 2342”.

4. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 § 1304(a)(5) · 99 Stat. 583

   1. Substituted · 10 U.S.C. § 2343(b)

      Pub. L. 99–145, § 1304(a)(5), substituted “section 2341” for “section 2321”

   2. Substituted · 10 U.S.C. § 2343(b)

      Pub. L. 99–145, § 1304(a)(5), substituted “section 2342” for “section 2322”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–145, § 1304(a)(5), substituted “section 2341” for “section 2321” and “section 2342” for “section 2322”.

   Enacted provision · exact public law section
   (5) Section 2323 (as so redesignated) is amended— (A) by striking out “section 2321” both places it appears and inserting in lieu thereof “section 2341”; and (B) by striking out “section 2322” both places it appears and inserting in lieu thereof “section 2342”.

5. 1985

   Defense Procurement Improvement Act of 1985

   Pub. L. 99–145 § 961(b) · 99 Stat. 583

   Substituted · 10 U.S.C. § 2343(b)

   Pub. L. 99–145, § 961(b), substituted “section 2304(a)” for “section 2304(g)”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–145, § 961(b), substituted “section 2304(a)” for “section 2304(g)”.

   Enacted provision · exact public law section
   (b) NATO Mutual Support Procurement.— Section 2323(b) of chapter 138 of title 10, United States Code, is amended by striking out “section 2304(g)” and inserting in lieu thereof “section 2304(a)”.

6. 1987

   Defense Technical Corrections Act of 1987

   Pub. L. 100–26 § 7(g)(2) · 101 Stat. 273

   Substituted · 10 U.S.C. § 2343(b)

   Pub. L. 100–26 substituted “section 2306a,” for “2306(f),”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–26 substituted “section 2306a,” for “2306(f),”.

   Enacted provision · exact public law section
   (2) Section 2343(b) is amended by striking out “2306(f),” and inserting in lieu thereof “section 2306a,”.

7. 1988

   National Defense Authorization Act, Fiscal Year 1989

   Pub. L. 100–456 div. A title XII § 1233(d) · 102 Stat. 1918

   Struck · 10 U.S.C. § 2343(b)

   Pub. L. 100–456 struck out “section” before “2306a”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 100–456 struck out “section” before “2306a”.

   Enacted provision · exact public law section
   (d) Repeal of Surplus Word.— Section 2343(b) of title 10, United States Code, is amended by striking out “section” before “2306a”.

8. 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. § 2343(a)

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

   Source evidence

   Code amendment note
   Subsec. (a). 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”.

9. 1991

   National Defense Authorization Act for Fiscal Years 1992 and 1993

   Pub. L. 102–190 div. A title X § 1061(a)(12) · 105 Stat. 1290

   1. Substituted · 10 U.S.C. § 2343(b)

      Pub. L. 102–190 substituted “this title and” for “this title,”

   2. Struck · 10 U.S.C. § 2343(b)

      Pub. L. 102–190 struck out “, and section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168)” before “shall not apply”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 102–190 substituted “this title and” for “this title,” and struck out “, and section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168)” before “shall not apply”.

   Enacted provision · exact public law section
   (12) Section 2343(b) is amended— (A) by striking out “this title,” and inserting in lieu thereof “this title and”; and (B) by striking out and section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168)”.

10. 1994

    National Defense Authorization Act for Fiscal Year 1995

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

    Substituted · 10 U.S.C. § 2343

    Pub. L. 103–337, § 1317(c)(2)(A), substituted “Waiver of applicability of certain laws” for “Law applicable to acquisition and cross-servicing agreements” as section catchline

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1317(c)(2)(A), substituted “Waiver of applicability of certain laws” for “Law applicable to acquisition and cross-servicing agreements” as section catchline.

    Enacted provision · exact public law section
    (A) The heading of such section is amended to read as follows: “§ 2343. Waiver of applicability of certain laws”.

11. 1994

    National Defense Authorization Act for Fiscal Year 1995

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

    1. Amended · 10 U.S.C. § 2343

       Pub. L. 103–337, § 1317(c)(1), designated subsec. (b) as entire section

    2. Struck · 10 U.S.C. § 2343

       Pub. L. 103–337, § 1317(c)(1), struck out former subsec. (a) which read as follows: “Except as provided in subsection (b), acquisition of logistic support, supplies, and services under section 2341 of this title and agreements entered into under section 2342 of this title shall be made in accordance with chapter 137 of this title and the provisions of this subchapter.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–337, § 1317(c)(1), designated subsec. (b) as entire section and struck out former subsec. (a) which read as follows: “Except as provided in subsection (b), acquisition of logistic support, supplies, and services under section 2341 of this title and agreements entered into under section 2342 of this title shall be made in accordance with chapter 137 of this title and the provisions of this subchapter.”

    Enacted provision · exact public law section
    (1) Section 2343 of such title is amended— (A) by striking out subsection (a); and (B) by striking out “(b)” before “Sections”.

12. 2011

    Pub. L. 111–350 § 5(b)(20) · 124 Stat. 3677

    Substituted · 10 U.S.C. § 2343

    Pub. L. 111–350 substituted “section 6306 of title 41” for “section 3741 of the Revised Statutes (41 U.S.C. 22)”

    Source evidence

    Code amendment note
    Pub. L. 111–350 substituted “section 6306 of title 41” for “section 3741 of the Revised Statutes (41 U.S.C. 22)”.

    Enacted provision · exact public law section
    (20) In section 2343, strike “section 3741 of the Revised Statutes (41 U.S.C. 22)” and substitute “section 6306 of title 41”.

13. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1883(b)(2) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2343

    Pub. L. 116–283, § 1883(b)(2), substituted “3201” for “2304(a)”

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1883(b)(2), substituted “3201” for “2304(a)”.

    Enacted provision · exact public law section
    * * Note: Classifications for Sec. 1883(b)(2): 10 USC 113, 118, 129a, 133b, 139a, 171a, 181, 231a, 483, 1091, 1501a, 1701a, 1706, 1724, 1734, 2113, 2343, 2350b, 2463, 2484, 2583, 2688, 3131, 3136, 3137, 3455, 3862, 3905, 4003, 4008, 4009, 4015, 4061, 4062, 4065, 4146, 4147, 4171, 4172, 4252, 4323, 4324, 4505, 4603, 4660, 4816, 4819, 4863, 4864, 4971, 4981, 7462, 7554, 8481, 8633, 8669b, 9082, 9462. (2) Title 10.— Except as otherwise provided in this title, in title 10, United States Code, each reference in the text of such title to a source section is amended by striking such reference and inserting a reference to the appropriate redesignated section.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

14. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1862(c)(1) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2343

    Pub. L. 116–283, § 1862(c)(1), substituted “Sections 4651,” for “Sections 2207,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1862(c)(1), substituted “Sections 4651,” for “Sections 2207,”.

    Enacted provision · exact public law section
    (1) Section 2343 of title 10, United States Code, is amended by striking “Sections 2207,” and inserting “Sections 4651,”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

15. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1831(j)(3) · 134 Stat. 3388

    1. Amended · 10 U.S.C. § 2343

       Pub. L. 116–283, § 1831(j)(3), as amended by Pub. L. 117–81, § 1701(b)(10)(I)(i)

    2. Substituted · 10 U.S.C. § 2343

       Pub. L. 116–283, § 1831(j)(3), as substituted “3701 through 3708, and 3841” for “2306a, and 2313”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1831(j)(3), as amended by Pub. L. 117–81, § 1701(b)(10)(I)(i), substituted “3701 through 3708, and 3841” for “2306a, and 2313”.

    Enacted provision · exact public law section
    (3) Section 2343 of title 10, United States Code, is amended by striking “2306a, and 2313” and inserting “3701–3708, and 3841”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

16. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 1817(h) · 134 Stat. 3388

    Substituted · 10 U.S.C. § 2343

    Pub. L. 116–283, § 1817(h), substituted “3351, 3352(a), 3352(c)” for “2306(a), 2306(b), 2306(e)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 1817(h), substituted “3351, 3352(a), 3352(c)” for “2306(a), 2306(b), 2306(e)”.

    Enacted provision · exact public law section
    (h) Cross-reference Amendment.— Section 2343 of title 10, United States Code, is amended by striking “2306(a), 2306(b), 2306(e)” and inserting “3351, 3352(a), 3352(c)”.

    Effective date note
    Amendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

21 of 21 references resolved to an enrolled provision