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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

(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 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.

(b)
(1)

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.

(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.

(3)

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Repealed.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.]

(d)

In this section:

(1)

The term “allied country” means—

(A)

a country that is a member of the North Atlantic Treaty Organization;

(B)

Australia, New Zealand, Japan, or the Republic of Korea; or

(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.

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. 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, § 2401a

    Enacted 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.”.

  2. 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,”.

  3. 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.

  4. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 933(b) · 103 Stat. 1352

    1. 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),”

    2. 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”

    3. 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.”.

  5. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 933(c) · 103 Stat. 1352

    1. Amended · 10 U.S.C. § 2350f(b)

      Pub. L. 101–189, § 933(c), designated first sentence as par. (1)

    2. 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.”

    3. Added · 10 U.S.C. § 2350f(b)

      Pub. L. 101–189, § 933(c), added par. (2)

    4. 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.”.

  6. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 § 933(d)(1) · 103 Stat. 1352

    1. 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—”

    2. 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—”;

  7. 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;

  8. 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”; and

  9. National 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.”.

  10. 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.

  11. 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”.

  12. 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.

  13. 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
  1. 1984Added Pub. L. 98–525, title X, § 1005(a), , 98 Stat. 2578, § 2401a
  2. 1987amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284
  3. 1989renumbered § 2350f and amended Pub. L. 101–189, div. A, title IX, § 933(a)–(d), , 103 Stat. 1537
  4. 1990Pub. L. 101–510, div. A, title XIV, § 1484(k)(8), , 104 Stat. 1719
  5. 1996Pub. L. 104–106, div. A, title XV, § 1502(a)(2), , 110 Stat. 502
  6. 1999Pub. L. 106–65, div. A, title X, § 1067(1), , 113 Stat. 774
  7. 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.)

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