Skip to content

Title 10 — Armed Forces

Part IV · Chapter 138 — Cooperative Agreements with Nato Allies and Other Countries

§ 2347. Limitation on amounts that may be obligated or accrued by the United States

Statutory text

(a)
(1)

Except during a period of active hostilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North Atlantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $200,000,000 in any fiscal year, and of such amount not more than $50,000,000 in liabilities may be accrued for the acquisition of supplies.

(2)

Except during a period of active hostilities involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting 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, may not exceed $60,000,000 in any fiscal year, and of such amount not more than $20,000,000 in liabilities may be accrued for the acquisition of supplies. The $60,000,000 limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).

(b)
(1)

Except during a period of active hostilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the computation of offsetting balances) with other member countries of the North Atlantic Treaty Organization, subsidiary bodies of the North Atlantic Treaty Organization, or from the United Nations Organization or any regional international organization of which the United States is a member may not exceed $150,000,000 in any fiscal year.

(2)

Except during a period of active hostilities involving the armed forces, the total amount of reimbursable credits that the United States may accrue under this subchapter (before the computation of offsetting 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 may not exceed $75,000,000 in any fiscal year. Such limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).

(c)

When the armed forces are involved in a contingency operation or in a non-combat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operations under chapter VI or VII of the Charter of the United Nations), the restrictions in subsections (a) and (b) are waived for the purposes and duration of that operation.

(d)

The amount of any sale, purchase, or exchange of petroleum, oils, or lubricants by the United States under this subchapter in any fiscal year shall be excluded in any computation for the purposes of subsection (a) or (b) of the amount of reimbursable liabilities or reimbursable credits that the United States accrues under this subchapter in that fiscal year.

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. North Atlantic Treaty Organization Mutual Support Act of 1979

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

    Enacted · 10 U.S.C. § 2347

    Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2327

    Source evidence

    Code source credit
    Added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2327

    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. Department of Defense Authorization Act, 1986

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

    Changed · 10 U.S.C. § 2347

    Pub. L. 99–145 renumbered section 2327 of this title as this section

    Source evidence

    Code amendment note
    Pub. L. 99–145 renumbered section 2327 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. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1104(d)(1) · 100 Stat. 3816

    1. Amended · 10 U.S.C. § 2347(a)

      Pub. L. 99–661, § 1104(d)(1), designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2347(a)

      Pub. L. 99–661, § 1104(d)(1), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 99–661, § 1104(d)(1), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (1) Subsection (a) of section 2347 of such title is amended— (A) by inserting “(1)” after “(a)”; and (B) by adding at the end the following new paragraph: “(2) Except during a period of active hostilities in the military region affecting 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, the total amount of reimbursable liabilities that the United States may accrue under this chapter (before the computation of offsetting balances) with such country may not exceed $10,000,000 in any fiscal year, and of such amount not more than $2,500,000 in liabilities may be accrued for the acquisition of supplies (other than petroleum, oils, and lubricants). The $10,000,000 limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).”.

  4. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 § 1104(d)(2) · 100 Stat. 3816

    1. Amended · 10 U.S.C. § 2347(b)

      Pub. L. 99–661, § 1104(d)(2), designated existing provisions as par. (1)

    2. Added · 10 U.S.C. § 2347(b)

      Pub. L. 99–661, § 1104(d)(2), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–661, § 1104(d)(2), designated existing provisions as par. (1) and added par. (2).

    Enacted provision · exact public law section
    (2) Subsection (b) of such section is amended— (A) by inserting “(1)” after “(b)”; and (B) by adding at the end the following new paragraph: “(2) Except during a period of active hostilities in the military region affecting a country referred to in paragraph (1), the total amount of reimbursable credits that the United States may accrue under this chapter from such country (before computation of off-setting balances) may not exceed $10,000,000 in any fiscal year. Such limitation specified in this paragraph is in addition to the limitation specified in paragraph (1).”.

  5. National Defense Authorization Act, Fiscal Year 1989

    Pub. L. 100–456 div. A title X § 1001 · 102 Stat. 1918

    Substituted · 10 U.S.C. § 2347(a)(1)

    Pub. L. 100–456 substituted “$150,000,000” for “$100,000,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 100–456 substituted “$150,000,000” for “$100,000,000”.

    Enacted provision · exact public law section
    SEC. 1001. INCREASE IN ANNUAL DOLLAR LIMITATION ON ACQUISITION AND CROSS-SERVICING AGREEMENTS WITH ALLIED COUNTRIES Section 2347(a)(1) of title 10, United States Code, is amended by striking out “$100,000,000” and inserting in lieu thereof “$150,000,000”.

  6. 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. § 2347

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

    Source evidence

    Code amendment note
    Pub. L. 101–189 substituted “this subchapter” for “this chapter” wherever appearing.

    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”.

  7. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1312(b)(1) · 106 Stat. 2315

    1. Substituted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 102–484, § 1312(b)(1), substituted “armed forces” for “North Atlantic Treaty Organization”

    2. Inserted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 102–484, § 1312(b)(1), 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)”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 102–484, § 1312(b)(1), substituted “armed forces” for “North Atlantic Treaty Organization” 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)”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking out “North Atlantic Treaty Organization” and inserting in lieu thereof “armed forces”; and (B) by inserting “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)”;

  8. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1312(b)(2) · 106 Stat. 2315

    1. Substituted · 10 U.S.C. § 2347(a)(2)

      Pub. L. 102–484, § 1312(b)(2), substituted “involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with” for “in the military region affecting”

    2. Struck · 10 U.S.C. § 2347(a)(2)

      Pub. L. 102–484, § 1312(b)(2), struck out “the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with such country” after “cross-servicing agreements,”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 102–484, § 1312(b)(2), substituted “involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with” for “in the military region affecting” and struck out “the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with such country” after “cross-servicing agreements,”.

    Enacted provision · exact public law section
    (2) in subsection (a)(2)— (A) by striking out “in the military region affecting” and inserting in lieu thereof “involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with”; and (B) by striking out “the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with such country”;

  9. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1312(b)(3) · 106 Stat. 2315

    1. Substituted · 10 U.S.C. § 2347(b)(1)

      Pub. L. 102–484, § 1312(b)(3), substituted “armed forces” for “North Atlantic Treaty Organization”

    2. Inserted · 10 U.S.C. § 2347(b)(1)

      Pub. L. 102–484, § 1312(b)(3), 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)”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 102–484, § 1312(b)(3), substituted “armed forces” for “North Atlantic Treaty Organization” 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)”.

    Enacted provision · exact public law section
    (3) in subsection (b)(1)— (A) by striking out “North Atlantic Treaty Organization” and inserting in lieu thereof “armed forces”; and (B) by inserting “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)”; and

  10. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1312(b)(4)(A) · 106 Stat. 2315

    Substituted · 10 U.S.C. § 2347(b)(2)

    Pub. L. 102–484, § 1312(b)(4)(A), substituted “involving the armed forces” for “in the military region affecting a country referred to in paragraph (1)”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 102–484, § 1312(b)(4)(A), substituted “involving the armed forces” for “in the military region affecting a country referred to in paragraph (1)”.

    Enacted provision · exact public law section
    (A) by striking out “in the military region affecting a country referred to in paragraph (1)” and inserting in lieu thereof “involving the armed forces”; and

  11. National Defense Authorization Act for Fiscal Year 1993

    Pub. L. 102–484 § 1312(b)(4)(B) · 106 Stat. 2315

    1. Amended · 10 U.S.C. § 2347(b)(2)

      Pub. L. 102–484, § 1312(b)(4)(B), as amended by Pub. L. 103–35

    2. Substituted · 10 U.S.C. § 2347(b)(2)

      Pub. L. 102–484, § 1312(b)(4)(B), as substituted “(before the computation of offsetting 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)”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 102–484, § 1312(b)(4)(B), as amended by Pub. L. 103–35, substituted “(before the computation of offsetting 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)”.

    Enacted provision · exact public law section
    (B) by striking out “from such country (before the computation of offsetting balances)” and inserting in lieu thereof “(before the computation of offsetting 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”.

  12. Pub. L. 103–35 title II § 202(a)(10) · 107 Stat. 97

    Changed · 10 U.S.C. § 2347(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (10) Section 1312(b)(4) (106 Stat. 2548) is amended by 10 USC 2347. striking out “the” in the quoted matter stricken out in the amendment made by subparagraph (B).

  13. National Defense Authorization Act for Fiscal Year 1995

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

    1. Substituted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 103–337, § 1317(g)(1), substituted “Organization, subsidiary” for “Organization and subsidiary”

    2. Inserted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 103–337, § 1317(g)(1), inserted “, or from the United Nations Organization or any regional international organization of which the United States is a member” after “Treaty Organization”

    3. Substituted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 103–337, § 1317(g)(1), substituted “$200,000,000” for “$150,000,000”

    4. Substituted · 10 U.S.C. § 2347(a)(1)

      Pub. L. 103–337, § 1317(g)(1), substituted “$50,000,000” for “$25,000,000”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 103–337, § 1317(g)(1), substituted “Organization, subsidiary” for “Organization and subsidiary”, inserted “, or from the United Nations Organization or any regional international organization 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”.

    Enacted provision · exact public law section
    (1) in subsection (a)(1)— (A) by striking out “and” the first place it appears and inserting in lieu thereof a comma; (B) by inserting after “subsidiary bodies of the North Atlantic Treaty Organization” the following: “, or from the United Nations Organization or any regional international organization of which the United States is a member”; (C) by striking out “$150,000,000” and inserting in lieu thereof “$200,000,000”; and (D) by striking out “$25,000,000” and inserting in lieu thereof “$50,000,000”;

  14. National Defense Authorization Act for Fiscal Year 1995

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

    1. Substituted · 10 U.S.C. § 2347(a)(2)

      Pub. L. 103–337, § 1317(g)(2), substituted “$60,000,000” for “$10,000,000”

    2. Substituted · 10 U.S.C. § 2347(a)(2)

      Pub. L. 103–337, § 1317(g)(2), substituted “$20,000,000” for “$2,500,000”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) in subsection (a)(2)— (A) by striking out “$10,000,000” the first place it appears and inserting in lieu thereof “$60,000,000”; (B) by striking out “$2,500,000” and inserting in lieu thereof “$20,000,000”; and (C) by striking out “$10,000,000” the second place it appears and inserting in lieu thereof “$60,000,000”;

  15. National Defense Authorization Act for Fiscal Year 1995

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

    1. Substituted · 10 U.S.C. § 2347(b)(1)

      Pub. L. 103–337, § 1317(g)(3), substituted “Organization, subsidiary” for “Organization and subsidiary”

    2. Inserted · 10 U.S.C. § 2347(b)(1)

      Pub. L. 103–337, § 1317(g)(3), inserted “, or from the United Nations Organization or any regional international organization of which the United States is a member” after “Treaty Organization”

    3. Substituted · 10 U.S.C. § 2347(b)(1)

      Pub. L. 103–337, § 1317(g)(3), substituted “$150,000,000” for “$100,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–337, § 1317(g)(3), substituted “Organization, subsidiary” for “Organization and subsidiary”, inserted “, or from the United Nations Organization 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”.

    Enacted provision · exact public law section
    (3) in subsection (b)(1)— (A) by striking out “and” the first place it appears and inserting in lieu thereof a comma; (B) by inserting after “subsidiary bodies of the North Atlantic Treaty Organization” the following: “, or from the United Nations Organization or any regional international organization of which the United States is a member”; and (C) by striking out “$100,000,000” and inserting in lieu thereof “$150,000,000”;

  16. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 1317(g)(4) · 108 Stat. 2663

    Substituted · 10 U.S.C. § 2347(b)(2)

    Pub. L. 103–337, § 1317(g)(4), substituted “$75,000,000” for “$10,000,000”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–337, § 1317(g)(4), substituted “$75,000,000” for “$10,000,000”.

    Enacted provision · exact public law section
    (4) in subsection (b)(2), by striking out “$10,000,000” and inserting in lieu thereof “$75,000,000”; and

  17. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 1317(g)(5) · 108 Stat. 2663

    Added · 10 U.S.C. § 2347(c)

    Pub. L. 103–337, § 1317(g)(5), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–337, § 1317(g)(5), added subsec. (c).

    Enacted provision · exact public law section
    (5) by adding at the end the following new subsection: “(c) When the armed forces are involved in a contingency operation or in a non-combat operation (including an operation in support of the provision of humanitarian or foreign disaster assistance or in support of peacekeeping operations under chapter VI or VII of the Charter of the United Nations), the restrictions in subsections (a) and (b) are waived for the purposes and duration of that operation.”.

  18. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 1221(a)(1) · 120 Stat. 2083

    Struck · 10 U.S.C. § 2347(a)(1); 10 U.S.C. § 2347(a)(2)

    Pub. L. 109–364, § 1221(a)(1), struck out “(other than petroleum, oils, and lubricants)” after “supplies”

    Source evidence

    Code amendment note
    Subsec. (a)(1), (2). Pub. L. 109–364, § 1221(a)(1), struck out “(other than petroleum, oils, and lubricants)” after “supplies”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “(other than petroleum, oils, and lubricants)” in paragraphs (1) and (2); and

    Effective date note
    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 effect beginning with fiscal year 2007.”

  19. John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 § 1221(a)(2) · 120 Stat. 2083

    Added · 10 U.S.C. § 2347(d)

    Pub. L. 109–364, § 1221(a)(2), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 109–364, § 1221(a)(2), added subsec. (d).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(d) The amount of any sale, purchase, or exchange of petroleum, oils, or lubricants by the United States under this subchapter in any fiscal year shall be excluded in any computation for the purposes of subsection (a) or (b) of the amount of reimbursable liabilities or reimbursable credits that the United States accrues under this subchapter in that fiscal year.” .

    Effective date note
    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 effect beginning with fiscal year 2007.”

31 of 31 references resolved to an enrolled provision

Editorial Notes

Amendments1985–2006 · 8 rounds

2006

Subsec. (a)(1), (2). Pub. L. 109–364, § 1221(a)(1), struck out “(other than petroleum, oils, and lubricants)” 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), substituted “Organization, subsidiary” for “Organization and subsidiary”, inserted “, or from the United Nations Organization or any regional international organization 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 subsidiary”, inserted “, or from the United Nations Organization 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), substituted “armed forces” for “North Atlantic Treaty Organization” 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. (a)(2). Pub. L. 102–484, § 1312(b)(2), substituted “involving the armed forces, the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with” for “in the military region affecting” and struck out “the total amount of reimbursable liabilities that the United States may accrue under this subchapter (before the computation of offsetting balances) with such country” after “cross-servicing agreements,”.

Subsec. (b)(1). Pub. L. 102–484, § 1312(b)(3), substituted “armed forces” for “North Atlantic Treaty Organization” 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), substituted “involving the armed forces” for “in the military 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 offsetting 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), designated existing provisions as par. (1) and added par. (2).

Subsec. (b). Pub. L. 99–661, § 1104(d)(2), designated existing 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), , 120 Stat. 2423, provided that: “The amendments made by subsection (a) [amending this section] shall take effect 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, supplies, and services under authority of this subchapter that is initiated after , 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 included 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 , and applicable to acquisitions of logistics support, supplies, and services under this chapter that are initiated on or after , see section 1312(c) of Pub. L. 102–484, set out as a note under section 2341 of this title.

Credits

1980–2006 · 9 acts
  1. 1980Added Pub. L. 96–323, § 2(a), , 94 Stat. 1018, § 2327
  2. 1985renumbered § 2347, Pub. L. 99–145, title XIII, § 1304(a)(1), , 99 Stat. 741
  3. 1986amended Pub. L. 99–661, div. A, title XI, § 1104(d), , 100 Stat. 3965
  4. 1988Pub. L. 100–456, div. A, title X, § 1001, , 102 Stat. 2037
  5. 1989Pub. L. 101–189, div. A, title IX, § 931(e)(1), , 103 Stat. 1535
  6. 1992Pub. L. 102–484, div. A, title XIII, § 1312(b), , 106 Stat. 2547
  7. 1993Pub. L. 103–35, title II, § 202(a)(10), , 107 Stat. 101
  8. 1994Pub. L. 103–337, div. A, title XIII, § 1317(g), , 108 Stat. 2901
  9. 2006Pub. L. 109–364, div. A, title XII, § 1221(a), , 120 Stat. 2423.
Show as published

(Added Pub. L. 96–323, § 2(a), , 94 Stat. 1018, § 2327; renumbered § 2347, Pub. L. 99–145, title XIII, § 1304(a)(1), , 99 Stat. 741; amended Pub. L. 99–661, div. A, title XI, § 1104(d), , 100 Stat. 3965; Pub. L. 100–456, div. A, title X, § 1001, , 102 Stat. 2037; Pub. L. 101–189, div. A, title IX, § 931(e)(1), , 103 Stat. 1535; Pub. L. 102–484, div. A, title XIII, § 1312(b), , 106 Stat. 2547; Pub. L. 103–35, title II, § 202(a)(10), , 107 Stat. 101; Pub. L. 103–337, div. A, title XIII, § 1317(g), , 108 Stat. 2901; Pub. L. 109–364, div. A, title XII, § 1221(a), , 120 Stat. 2423.)

Parsed from the official OLRC USLM XML in data/usc_all/usc10.xml · release point 119-108 · OLRC build 2026-04-17

USLM identifier /us/usc/t10/s2347