10 U.S.C. § 2350f: Procurement of communication…

Summary

The Secretary of Defense, with the Secretary of State’s OK, can make bilateral or multilateral deals with allies to swap communications support and related supplies and services. The United States would give an equal value of services in return. Any deal can last no more than five years. If one side provides more than the other, the difference must be paid in cash to the party that gave more. Parties must settle accounts once a year, and the final payment for an arrangement must be made within 30 days after the arrangement ends. If the U.S. owes money, the payment comes from the Department of Defense funds used for those services. Money the U.S. receives goes back into the same DOD account that paid for the services. Allied country: NATO members, Australia, New Zealand, Japan, the Republic of Korea, or other countries the Secretary of Defense names with the Secretary of State’s agreement. Allied international organization: NATO or other organizations the Secretary of Defense names with the Secretary of State’s agreement.

Title 10, §2350f

Armed Forces, Source: USLM XML via OLRC

(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), Dec. 2, 2002, 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

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,”.

§2350f Procurement of Communications Support and Related Supplies and Services

Summary

Title 10, §2350f

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata