10 U.S. Code § 2342 - Cross-servicing agreements

(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.

Source

(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. 109–163struck out “of which the United States is a member” before period at end.
1999—Subsec. (b)(2). Pub. L. 106–65substituted “and the Committee on Armed Services” for “and the Committee on National Security”.
1996—Subsec. (b). Pub. L. 104–106inserted “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. 101–510amended 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. 101–189substituted “this subchapter” for “this chapter”.
1987—Pub. L. 100–180substituted “Cross-servicing” for “Cross servicing” in section catchline.
1986—Pub. L. 99–661amended 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. 99–145renumbered 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. 103–337applicable 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) ofPub. 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

Pub. L. 113–291, div. A, title XII, § 1207,Dec. 19, 2014, 128 Stat. 3539, 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).
“(b) 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, in coordination with 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 September 30, 2019.”

 

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