§2350e — Title 10 Armed Forces | U.S. Code

Summary

Allows the Secretary of Defense to waive payments and fees and to accept certain liabilities for the NATO AWACS program. The Secretary can waive charges for a set of support tasks (like auditing, quality checks, codification, inspections, contract administration, testing, certification, and planning/management). The Secretary can also waive administrative surcharges. The Secretary may agree to cover certain possible costs, including program losses caused by gross negligence of a U.S. contracting officer, taxes and customs duties charged in the United States on the program, and the U.S. share of any unfunded termination liability. Those contracting powers only apply to the extent money is provided in appropriation Acts. The term "AWACS memorandum of understanding" covers: the Multilateral MOU on the NATO E–3A Cooperative Programme (signed December 6, 1978); the MOU for Operations and Support of the NATO Airborne Early Warning and Control Force (signed September 26, 1984); the Addendum about NAEW&C modernization (dated December 7, 1990); and any later support agreement for the NATO E–3A Cooperative Programme.

Title 10, §2350e

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense, in carrying out an AWACS memorandum of understanding, may do the following:

(1)Waive reimbursement for the cost of the following functions performed by personnel other than personnel employed in the United States Air Force Airborne Warning and Control System (AWACS) program office:

(A)Auditing.

(B)Quality assurance.

(C)Codification.

(D)Inspection.

(E)Contract administration.

(F)Acceptance testing.

(G)Certification services.

(H)Planning, programming, and management services.

(2)Waive any surcharge for administrative services otherwise chargeable.

(3)In connection with that Program, assume contingent liability for—

(A)program losses resulting from the gross negligence of any contracting officer of the United States;

(B)identifiable taxes, customs duties, and other charges levied within the United States on the program; and

(C)the United States share of the unfunded termination liability.

(b)Authority under this section to enter into contracts shall be effective for any fiscal year only to such extent or in such amounts as are provided in appropriation Acts.

(c)In this section, the term “AWACS memorandum of understanding” means—

(1)the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme, signed by the Secretary of Defense on December 6, 1978;

(2)the Memorandum of Understanding for Operations and Support of the NATO Airborne Early Warning and Control Force, signed by the United States Ambassador to NATO on September 26, 1984;

(3)the Addendum to the Multilateral Memorandum of Understanding Between the North Atlantic Treaty Organization (NATO) Ministers of Defence on the NATO E–3A Cooperative Programme (dated December 6, 1978) relating to the modernization of the NATO Airborne Early Warning and Control (NAEW&C) System, dated December 7, 1990; and

(4)any other follow-on support agreement for the NATO E–3A Cooperative Programme.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Provisions similar to those in this section were contained in Pub. L. 97–86, title I, § 103, Dec. 1, 1981, 95 Stat. 1100, as amended, which was set out as a note under section 2407 of this title, prior to repeal by Pub. L. 101–189, § 932(b).

Amendments

1993—Subsec. (d). Pub. L. 103–160 struck out subsec. (d) which read as follows: “Expiration.—The authority provided by this section expires on September 30, 1993.” 1991—Subsec. (c)(3), (4). Pub. L. 102–190, § 1051(1), added par. (3) and redesignated former par. (3) as (4). Subsec. (d). Pub. L. 102–190, § 1051(2), substituted “1993” for “1991”.

§2350e Nato Airborne Warning and Control System (awacs) Program: Authority of Secretary of Defense