10 USC 2342 - Cross-servicing agreements

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2020, referred to in subsecs. (f) and (g)(1), is the date of enactment of Puspan. L. 116–92, which was approved Dec. 20, 2019.

Amendments

2019—Subsec. (span). Puspan. L. 116–92, § 1203(a), amended subsec. (span) generally. Prior to amendment, subsec. (span) read as follows: “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 appropriate committees of Congress notice of the intended designation at least 30 days before the date on which such country is designated by the Secretary under subsection (a).”

Subsec. (f). Puspan. L. 116–92, § 1203(span)(2), added subsec. (f). Former subsec. (f) redesignated (g).

Subsec. (g). Puspan. L. 116–92, § 1203(span)(1), (c), redesignated subsec. (f) as (g) and amended it generally. Prior to amendment, subsec. read as follows: “The Secretary shall prescribe regulations to ensure that contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests.”

Subsec. (h). Puspan. L. 116–92, § 1203(span)(1), redesignated subsec. (g) as (h). Former subsec. (h) redesignated (i).

Subsec. (h)(1). Puspan. L. 116–92, § 1203(d)(1), substituted “that have entered into force or were applied provisionally” for “in effect”.

Subsec. (h)(2). Puspan. L. 116–92, § 1203(d)(2), substituted “dates on which the Secretary notified Congress—” and subpars. (A) and (B) for “date on which the Secretary notified Congress pursuant to subsection (span)(2) of the designation of such country under subsection (a).”

Subsec. (h)(3). Puspan. L. 116–92, § 1203(d)(3), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “The total dollar amount and major categories of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement.”

Subsec. (h)(4). Puspan. L. 116–92, § 1203(d)(4), amended par. (4) generally. Prior to amendment, par. (4) read as follows: “The total dollar amount and major categories of reciprocal provisions of logistic support, supplies, and services received under each such agreement.”

Subsec. (h)(5), (6). Puspan. L. 116–92, § 1203(d)(5), (6), added pars. (5) and (6) and struck out former par. (5) which read as follows: “With respect to the calendar year during which the report is submitted, an assessment of the following:

“(A) The anticipated logistic support, supplies, and services requirements of the United States.

“(B) The anticipated requirements of other countries for United States logistic support, supplies, and services.”

Subsec. (i). Puspan. L. 116–92, § 1203(span)(1), redesignated subsec. (h) as (i).

2018—Subsec. (span)(2). Puspan. L. 115–232, § 1271(c)(1), substituted “the appropriate committees of Congress” for “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”.

Subsecs. (d) to (f). Puspan. L. 115–232, § 1271(a), added subsecs. (d) and (e) and redesignated former subsec. (d) as (f).

Subsec. (g). Puspan. L. 115–232, § 1271(span), added subsec. (g).

Subsec. (h). Puspan. L. 115–232, § 1271(c)(2), added subsec. (h).

2006—Subsec. (a)(1)(C). Puspan. L. 109–163 struck out “of which the United States is a member” before period at end.

1999—Subsec. (span)(2). Puspan. L. 106–65 substituted “and the Committee on Armed Services” for “and the Committee on National Security”.

1996—Subsec. (span). Puspan. 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). Puspan. L. 103–337, § 1317(span)(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). Puspan. L. 103–337, § 1317(span)(2), substituted “organization” for “subsidiary body” in two places.

Subsec. (c). Puspan. L. 103–337, § 1317(span)(3), substituted “or international organization” for “as a routine or normal source”.

1990—Subsec. (a). Puspan. 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). Puspan. L. 101–189 substituted “this subchapter” for “this chapter”.

1987—Puspan. L. 100–180 substituted “Cross-servicing” for “Cross servicing” in section catchline.

1986—Puspan. 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. (span) to (d).

1985—Puspan. L. 99–145 renumbered section 2322 of this title as this section and substituted “section 2343” for “section 2323”.

Statutory Notes and Related Subsidiaries

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 Puspan. 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 Puspan. L. 103–337, set out as a note under section 2341 of this title.

Cross Servicing Agreements for Loan of Personnel Protection and Personnel Survivability Equipment in Coalition Operations

Puspan. L. 113–291, div. A, title XII, § 1207, Dec. 19, 2014, 128 Stat. 3539, as amended by Puspan. L. 115–91, div. A, title X, § 1051(t)(4), Dec. 12, 2017, 131 Stat. 1566; Puspan. L. 116–92, div. A, title XII, § 1202, Dec. 20, 2019, 133 Stat. 1620; Puspan. L. 118–31, div. A, title XII, § 1206, Dec. 22, 2023, 137 Stat. 448, provided that:

“(a)In General.—The Secretary of Defense may, with the concurrence of the Secretary of State, enter into an arrangement, under an agreement concluded pursuant to section 2342 of title 10, United States Code, under which the United States agrees to loan personnel protection and personnel survivability equipment for the use of such equipment by military forces of a nation participating in the following:

“(1) A coalition operation with the United States as part of a contingency operation.

“(2) A coalition operation with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement.

“(3) Training of such forces in connection with the deployment of such forces to be deployed to an operation described in paragraph (1) or (2).

“(span)Limitations.—

“(1)Loan only of equipment for which u.s. forces have no unfulfilled requirements.—Equipment may be loaned to the military forces of a nation under the authority of this section only upon a determination by the Secretary of Defense that the United States forces in the coalition operation concerned have no unfulfilled requirements for such equipment.

“(2)Scope of use of loaned equipment.—Equipment loaned to the military forces of a nation under the authority of this section may be used by those forces only for personnel protection or to aid in the personnel survivability of those forces and only in—

“(A) a coalition operation with the United States described in paragraph (1) or (2) of subsection (a); or

“(B) training described in paragraph (3) of subsection (a).

“(3)Duration of use of loaned equipment.—Equipment loaned to the military forces of a nation under the authority of this section may be used by the military forces of that nation not longer than the duration of that country’s participation in the coalition operation concerned.

“(4)Notice and wait on loan of equipment for training.—Equipment may not be loaned under subsection (a) in connection with training described in paragraph (3) of that subsection until 15 days after the date on which the Secretary of Defense submits to the appropriate committees of Congress written notice on the loan of such equipment for such purpose.

“(c)Waiver of Reimbursement in Case of Loss of Equipment in Combat.—

“(1)In general.—In the case of equipment loaned under the authority of this section that is damaged or destroyed as a result of combat operations during coalition operations while held by forces to which loaned under this section, the Secretary of Defense may, with respect to such equipment, waive any other requirement under applicable law for—

“(A) reimbursement;

“(B) replacement-in-kind; or

“(C) exchange of supplies or services of an equal value.

“(2)Basis for waiver.—Any waiver under this subsection may be made only if the Secretary determines that the waiver is in the national security interest of the United States.

“(3)Waiver on a case-by-case basis.—Any waiver under this subsection may be made only on a case-by-case basis.

“(d)Reports to Congress.—If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, with the concurrence of the Secretary of State, submit to the appropriate committees of Congress a report on the exercise of such authority by not later than October 30 of the year in which such fiscal year ends. Each report on the exercise of such authority shall specify the recipient country of the equipment loaned, the type of equipment loaned, and the duration of the loan of such equipment.

“(e)Definitions.—In this section:

“(1) The term ‘appropriate committees of Congress’ means—

“(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and

“(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.

“(2) The term ‘personnel protection and personnel survivability equipment’ means items enumerated in categories I, II, III, VII, X, XI, and XIII of the United States Munitions List under section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)[)] that the Secretary of Defense designates as available for loan under this section.

“(f)Expiration of Authority.—The authority in subsection (a) shall expire on December 31, 2029.”