Title 10 — Armed Forces
Part IV · Chapter 138 — Cooperative Agreements with Nato Allies and Other Countries
§ 2350f. Procurement of communications support and related supplies and services
Statutory text
As an alternative means of obtaining communications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations, under which, in return for being provided communications support and related supplies and services, the United States would agree to provide to the allied country or countries or allied international organization or allied international organizations, as the case may be, an equivalent value of communications support and related supplies and services. The term of an arrangement entered into under this subsection may not exceed five years.
Any arrangement entered into under this section shall require that any accrued credits and liabilities resulting from an unequal exchange of communications support and related supplies and services during the term of such arrangement would be liquidated by direct payment to the party having provided the greater amount of communications support and related supplies and services. Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.
Parties to an arrangement entered into under this section shall annually reconcile accrued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communications support and related supplies and services.
Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided.
[(c)
Repealed. Pub. L. 107–314, div. A, title X, § 1041(a)(10), , 116 Stat. 2645.]
In this section:
The term “allied country” means—
a country that is a member of the North Atlantic Treaty Organization;
Australia, New Zealand, Japan, or the Republic of Korea; or
any other country designated as an allied country for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
The term “allied international organization” means the North Atlantic Treaty Organization (NATO) or any other international organization designated as an allied international organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.
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.
Department of Defense Authorization Act, 1985
Pub. L. 98–525 title X § 1005(a) · 98 Stat. 2492
Enacted · 10 U.S.C. § 2350f
Added Pub. L. 98–525, title X, § 1005(a), Oct. 19, 1984, 98 Stat. 2578, § 2401a
Source evidence
Code source credit
Added Pub. L. 98–525, title X, § 1005(a), Oct. 19, 1984, 98 Stat. 2578, § 2401aEnacted provision · exact public law section
(a) Chapter 141 of title 10, United States Code, is amended by adding at the end thereof the following new section: “§ 2401a. Procurement of communications support and related supplies and services “(a) As an alternative means of obtaining communications support and related supplies and services, the Secretary of Defense, subject to the approval of the Secretary of State, may enter into an arrangement with the Minister of defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO), under which, in return for being provided communications support and related supplies and services, the United States would agree to provide to such country or NATO an equivalent value of communications support and related supplies and services. “(b) Any arrangement entered into under this section shall require that any accrued credits and liabilities resulting from an unequal exchange of communications support and related supplies and services during the term of such arrangement would be liquidated by direct payment to the party having provided the greater amount of communications support and related supplies and services. Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided. “(c) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement. “(d) In this section, ‘allied country’ means— “(1) a country that is a member of the North Atlantic Treaty Organization, or “(2) Australia, New Zealand, Japan, or the Republic of Korea.”.Defense Technical Corrections Act of 1987
Pub. L. 100–26 § 7(k)(3) · 101 Stat. 273
Inserted · 10 U.S.C. § 2350f(d)
Pub. L. 100–26 inserted “the term” after “In this section,”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 100–26 inserted “the term” after “In this section,”.Enacted provision · exact public law section
(3) Sections 130(b)(2), 708(e), 975(a)(2), 1490(c), 2319(a), 2324(k), 2391(d), 2401a(d), 2404(e), 2825(a)(2), 2826(f), and 2862(a)(2) are amended by inserting “the term” after “In this section,”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(a) · 103 Stat. 1352
Changed · 10 U.S.C. § 2350f
Pub. L. 101–189, § 933(a), renumbered section 2401a of this title as this section
Source evidence
Code amendment note
Pub. L. 101–189, § 933(a), renumbered section 2401a of this title as this section.Enacted provision · exact public law section
(a) Recodification of Section.— Section 2401a of title 10, United States Code, is transferred to the end of subchapter II of chapter 138 of such title, as added by section 931 and amended by section 932, and is redesignated as section 2350f.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(b) · 103 Stat. 1352
Substituted · 10 U.S.C. § 2350f(a)
Pub. L. 101–189, § 933(b), substituted “a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations” for “an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO),”
Substituted · 10 U.S.C. § 2350f(a)
Pub. L. 101–189, § 933(b), substituted “the allied country or countries or allied international organization or allied international organizations, as the case may be,” for “such country or NATO”
Inserted · 10 U.S.C. § 2350f(a)
Pub. L. 101–189, § 933(b), inserted “The term of an arrangement entered into under this subsection may not exceed five years.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 101–189, § 933(b), substituted “a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations” for “an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO),” and “the allied country or countries or allied international organization or allied international organizations, as the case may be,” for “such country or NATO” and inserted “The term of an arrangement entered into under this subsection may not exceed five years.”Enacted provision · exact public law section
(b) Authority To Enter Into Bilateral and Multilateral Arrangements.— Subsection (a) of such section is amended— (1) by striking out “an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO)” and inserting in lieu thereof “a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations”; (2) by striking out “such country or NATO” and inserting in lieu thereof “the allied country or countries or allied inter-national organization or allied international organizations, as the case may be,”; and (3) by adding at the end the following new sentence: “The term of an arrangement entered into under this subsection may not exceed five years.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(c) · 103 Stat. 1352
Amended · 10 U.S.C. § 2350f(b)
Pub. L. 101–189, § 933(c), designated first sentence as par. (1)
Inserted · 10 U.S.C. § 2350f(b)
Pub. L. 101–189, § 933(c), inserted “Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.” after “supplies and services.”
Added · 10 U.S.C. § 2350f(b)
Pub. L. 101–189, § 933(c), added par. (2)
Amended · 10 U.S.C. § 2350f(b)
Pub. L. 101–189, § 933(c), designated second sentence as par. (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 101–189, § 933(c), designated first sentence as par. (1), inserted “Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.” after “supplies and services.”, added par. (2), and designated second sentence as par. (3).Enacted provision · exact public law section
(c) Liquidation of Credits and Liabilities.— Subsection (b) of such section is amended— (1) by inserting “(1)” after “(b)”; (2) by designating the second sentence as paragraph (3); (3) by inserting after the first sentence the following new sentence: “Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.”; and (4) by inserting after paragraph (1), as designated by clause (1) of this subsection, the following new paragraph: “(2) Parties to an arrangement entered into under this section shall annually reconcile accrued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communications support and related supplies and services.”.National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(d)(1) · 103 Stat. 1352
Substituted · 10 U.S.C. § 2350f(d)
Pub. L. 101–189, § 933(d)(1), (2), substituted “In this section:” and par. (1) for “In this section, the term ‘allied country’ means—”
Redesignated · 10 U.S.C. § 2350f(d)
Pub. L. 101–189, § 933(d)(1), (2), redesignated former cls. (1) and (2) as cls. (A) and (B)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 101–189, § 933(d)(1), (2), substituted “In this section:” and par. (1) for “In this section, the term ‘allied country’ means—” and redesignated former cls. (1) and (2) as cls. (A) and (B).Enacted provision · exact public law section
(1) by striking out “In this section, the term ‘allied country’ means—” and inserting in lieu thereof “ In this section: “(1) The term ‘allied country’ means—”;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(d)(3) · 103 Stat. 1352
Substituted · 10 U.S.C. § 2350f(d)(1)(A)
Pub. L. 101–189, § 933(d)(3), which directed amendment of cl. (A) by substituting a semicolon for “; or” at end, could not be executed because “; or” did not appear
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 101–189, § 933(d)(3), which directed amendment of cl. (A) by substituting a semicolon for “; or” at end, could not be executed because “; or” did not appear.Enacted provision · exact public law section
(3) by striking out “; or” at the end of clause (A), as redesignated by clause (2) of this subsection, and inserting in lieu thereof a semicolon;National Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(d)(4) · 103 Stat. 1352
Substituted · 10 U.S.C. § 2350f(d)(1)(B)
Pub. L. 101–189, § 933(d)(4), substituted “; or” for period at end
Source evidence
Code amendment note
Subsec. (d)(1)(B). Pub. L. 101–189, § 933(d)(4), substituted “; or” for period at end.Enacted provision · exact public law section
(4) by striking out the period at the end of clause (B), as redesignated by clause (2) of this subsection, and inserting in lieu thereof or”; andNational Defense Authorization Act for Fiscal Years 1990 and 1991
Pub. L. 101–189 § 933(d)(5) · 103 Stat. 1352
Added · 10 U.S.C. § 2350f(d)(1)(C); 10 U.S.C. § 2350f(d)(1)(2)
Pub. L. 101–189, § 933(d)(5), added cl. (C) and par. (2)
Source evidence
Code amendment note
Subsec. (d)(1)(C), (2). Pub. L. 101–189, § 933(d)(5), added cl. (C) and par. (2).Enacted provision · exact public law section
(5) by adding at the end the following: “(C) any other country designated as an allied country for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State. “(2) The term ‘allied international organization’ means the North Atlantic Treaty Organization (NATO) or any other international organization designated as an allied international organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.”.National Defense Authorization Act for Fiscal Year 1991
Pub. L. 101–510 div. A title XIV § 1484(k)(8) · 104 Stat. 1485
Substituted · 10 U.S.C. § 2350f(d)(1)(A)
Pub. L. 101–510 substituted a semicolon for “, or” at end
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 101–510 substituted a semicolon for “, or” at end.Enacted provision · exact public law section
(8) Section 2350f(d)(1)(A) is amended by striking out “, or” at the end and inserting in lieu thereof a semicolon.National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title XV § 1502(a)(2) · 110 Stat. 186
Substituted · 10 U.S.C. § 2350f(c)
Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and the House of Representatives”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and the House of Representatives”.Enacted provision · exact public law section
(2) Sections 178(c)(1)(A), 942(e)(5), 2350flc), 7426(e), 7431(a), 7431(b)(1), 7431(c), 7438(b), 12302(b), 18235(a), and 18236(a) are amended by striking out “Committees on Armed Services of the Senate and the House of Representatives” and inserting in lieu thereof “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives”.Pub. L. 106–65 div. A title X § 1067(1) · 113 Stat. 512
Substituted · 10 U.S.C. § 2350f(c)
Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”
Source evidence
Code amendment note
Subsec. (c). 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.Pub. L. 107–314 div. A title X § 1041(a)(10) · 116 Stat. 2458
Struck · 10 U.S.C. § 2350f(c)
Pub. L. 107–314 struck out subsec. (c) which read as follows: “The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 107–314 struck out subsec. (c) which read as follows: “The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement.”Enacted provision · exact public law section
(10) Section 2350f is amended by striking subsection (c).
19 of 19 references resolved to an enrolled provision
Editorial Notes
Amendments1987–2002 · 6 rounds
2002
Subsec. (c). Pub. L. 107–314 struck out subsec. (c) which read as follows: “The Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement.”
1999
Subsec. (c). Pub. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996
Subsec. (c). Pub. L. 104–106 substituted “Committee on Armed Services of the Senate and the Committee on National Security of the House of Representatives” for “Committees on Armed Services of the Senate and the House of Representatives”.
1990
Subsec. (d)(1)(A). Pub. L. 101–510 substituted a semicolon for “, or” at end.
1989
Pub. L. 101–189, § 933(a), renumbered section 2401a of this title as this section.
Subsec. (a). Pub. L. 101–189, § 933(b), substituted “a bilateral arrangement with any allied country or allied international organization or may enter into a multilateral arrangement with allied countries and allied international organizations” for “an arrangement with the Minister of Defense or other appropriate official of any allied country or with the North Atlantic Treaty Organization (NATO),” and “the allied country or countries or allied international organization or allied international organizations, as the case may be,” for “such country or NATO” and inserted “The term of an arrangement entered into under this subsection may not exceed five years.”
Subsec. (b). Pub. L. 101–189, § 933(c), designated first sentence as par. (1), inserted “Liquidations may be made at such times as the parties in an arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.” after “supplies and services.”, added par. (2), and designated second sentence as par. (3).
Subsec. (d). Pub. L. 101–189, § 933(d)(1), (2), substituted “In this section:” and par. (1) for “In this section, the term ‘allied country’ means—” and redesignated former cls. (1) and (2) as cls. (A) and (B).
Subsec. (d)(1)(A). Pub. L. 101–189, § 933(d)(3), which directed amendment of cl. (A) by substituting a semicolon for “; or” at end, could not be executed because “; or” did not appear.
Subsec. (d)(1)(B). Pub. L. 101–189, § 933(d)(4), substituted “; or” for period at end.
Subsec. (d)(1)(C), (2). Pub. L. 101–189, § 933(d)(5), added cl. (C) and par. (2).
1987
Subsec. (d). Pub. L. 100–26 inserted “the term” after “In this section,”.
Credits
1984–2002 · 7 acts
- 1984Added Pub. L. 98–525, title X, § 1005(a), , 98 Stat. 2578, § 2401a
- 1987amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284
- 1989renumbered § 2350f and amended Pub. L. 101–189, div. A, title IX, § 933(a)–(d), , 103 Stat. 1537
- 1990Pub. L. 101–510, div. A, title XIV, § 1484(k)(8), , 104 Stat. 1719
- 1996Pub. L. 104–106, div. A, title XV, § 1502(a)(2), , 110 Stat. 502
- 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
- 2002Pub. L. 107–314, div. A, title X, § 1041(a)(10), , 116 Stat. 2645.
Show as published
(Added Pub. L. 98–525, title X, § 1005(a), , 98 Stat. 2578, § 2401a; amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284; renumbered § 2350f and amended Pub. L. 101–189, div. A, title IX, § 933(a)–(d), , 103 Stat. 1537; Pub. L. 101–510, div. A, title XIV, § 1484(k)(8), , 104 Stat. 1719; Pub. L. 104–106, div. A, title XV, § 1502(a)(2), , 110 Stat. 502; Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774; Pub. L. 107–314, div. A, title X, § 1041(a)(10), , 116 Stat. 2645.)