10 U.S.C. § 2350e: NATO Airborne Warning and…

Summary

The Secretary of Defense may choose not to charge for certain services tied to the NATO AWACS program when those services are done by people who are not in the U.S. Air Force AWACS office. These services include auditing, quality checks, codification, inspection, contract work, acceptance testing, certification, and planning or program management. The Secretary can also drop any extra administrative fees and can take on certain possible liabilities, such as losses from gross negligence by a U.S. contracting officer, U.S. taxes or customs on the program, and the U.S. share of unpaid termination costs. Any contracts made under this authority only count if Congress provides money in appropriation laws for that year. “AWACS memorandum of understanding” means: the multilateral NATO E–3A agreement signed by the Secretary of Defense on December 6, 1978; the operations and support MOU signed by the U.S. Ambassador to NATO on September 26, 1984; the modernization addendum dated December 7, 1990; and any later follow-on support agreement for the NATO E–3A program.

Title 10, §2350e

Armed Forces, Source: USLM XML via OLRC

(a)Authority Under AWACS Program.—

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)Contract Authority Limitation.—

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)Definition.—

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