10-U.S.C.-2342
§2342 – Cross-Servicing Agreements
Pathway
Title 10 > Subtitle A > Part IV > Chapter 138 > Subchapter I > Section 2342
Details
- Reference: Section 2342
- Legend: §2342 – Cross-Servicing Agreements
- USCode Year: 2013
Provision Content
(a)(1) Subject to section 2343 of this title and to the availability of appropriations, and after consultation with the Secretary of State, the Secretary of Defense may enter into an agreement described in paragraph (2) with any of the following:
(A) The government of a North Atlantic Treaty Organization country.
(B) A subsidiary body of the North Atlantic Treaty Organization.
(C) The United Nations Organization or any regional international organization.
(D) The government of a country not a member of the North Atlantic Treaty Organization but which is designated by the Secretary of Defense, subject to the limitations prescribed in subsection (b), as a government with which the Secretary may enter into agreements under this section.
(2) An agreement referred to in paragraph (1) is an agreement under which the United States agrees to provide logistic support, supplies, and services to military forces of a country or organization referred to in paragraph (1) in return for the reciprocal provisions of logistic support, supplies, and services by such government or organization to elements of the armed forces.
(b) The Secretary of Defense may not designate a country for an agreement under this section unless—
(1) the Secretary, after consultation with the Secretary of State, determines that the designation of such country for such purpose is in the interest of the national security of the United States; and
(2) in the case of a country which is not a member of the North Atlantic Treaty Organization, the Secretary submits to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on Armed Services and the Committee on International Relations of the House of Representatives notice of the intended designation at least 30 days before the date on which such country is designated by the Secretary under subsection (a).
(c) The Secretary of Defense may not use the authority of this subchapter to procure from any foreign government or international organization any goods or services reasonably available from United States commercial sources.
(d) The Secretary shall prescribe regulations to ensure that contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests.
(Added Pub. L. 96–323, §2(a), Aug. 4, 1980, 94 Stat. 1016, §2322; renumbered §2342 and amended Pub. L. 99–145, title XIII, §1304(a)(1), (4), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99–661, div. A, title XI, §1104(a), Nov. 14, 1986, 100 Stat. 3963; Pub. L. 100–180, div. A, title XII, §1231(9), Dec. 4, 1987, 101 Stat. 1160; Pub. L. 101–189, div. A, title IX, §931(e)(1), Nov. 29, 1989, 103 Stat. 1535; Pub. L. 101–510, div. A, title XIV, §1451(a), Nov. 5, 1990, 104 Stat. 1692; Pub. L. 103–337, div. A, title XIII, §1317(b), Oct. 5, 1994, 108 Stat. 2900; Pub. L. 104–106, div. A, title XV, §1502(a)(16), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106–65, div. A, title X, §1067(1), Oct. 5, 1999, 113 Stat. 774; Pub. L. 109–163, div. A, title XII, §1204, Jan. 6, 2006, 119 Stat. 3456.)
Amendments
2006—Subsec. (a)(1)(C). Pub. L. 109–163 struck out of which the United States is a member before period at end.
1999—Subsec. (b)(2). Pub. L. 106–65 substituted and the Committee on Armed Services for and the Committee on National Security.
1996—Subsec. (b). Pub. L. 104–106 inserted unless after section in introductory provisions, struck out unless after (1) in par. (1), and substituted the Secretary submits to the Committee on Armed Services and the Committee on Foreign Relations of the Senate and the Committee on National Security and the Committee on International Relations of the House of Representatives notice of the intended designation for notifies the Committees on Armed Services and Foreign Relations of the Senate and the Committees on Armed Services and Foreign Affairs of the House of Representatives in par. (2).
1994—Subsec. (a)(1). Pub. L. 103–337, §1317(b)(1), substituted with any of the following: for with— in introductory provisions, substituted The government for the government and a period for the semicolon in subpar. (A), substituted A subsidiary for a subsidiary and Organization. for Organization; or in subpar. (B), added subpar. (C), redesignated former subpar. (C) as (D) and substituted The government for the government.
Subsec. (a)(2). Pub. L. 103–337, §1317(b)(2), substituted organization for subsidiary body in two places.
Subsec. (c). Pub. L. 103–337, §1317(b)(3), substituted or international organization for as a routine or normal source.
1990—Subsec. (a). Pub. L. 101–510 amended subsec. (a) generally, revising and restating former pars. (1) to (3) relating to reciprocal logistical support agreements as pars. (1) and (2).
1989—Subsecs. (c), (d). Pub. L. 101–189 substituted this subchapter for this chapter.
1987—Pub. L. 100–180 substituted Cross-servicing for Cross servicing in section catchline.
1986—Pub. L. 99–661 amended section generally, restating existing provisions in introductory text and par. (1) of subsec. (a), adding pars. (2) and (3) of subsec. (a), and adding subsecs. (b) to (d).
1985—Pub. L. 99–145 renumbered section 2322 of this title as this section and substituted section 2343 for section 2323.
Change of Name
Committee on International Relations of House of Representatives changed to Committee on Foreign Affairs of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–337 applicable with regard to any acquisition or transfer of logistic support, supplies, and services under authority of this subchapter that is initiated after Oct. 5, 1994, see section 1317(j) of Pub. L. 103–337, set out as a note under section 2341 of this title.
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