
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2341]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
 
        SUBCHAPTER I--ACQUISITION AND CROSS-SERVICING AGREEMENTS
 
Sec. 2341. Authority to acquire logistic support, supplies, and 
        services for elements of the armed forces deployed outside the 
        United States
        
    Subject to section 2343 of this title and subject to the 
availability of appropriations, the Secretary of Defense may--
        (1) acquire from the Governments of North Atlantic Treaty 
    Organization countries, from North Atlantic Treaty Organization 
    subsidiary bodies, and from the United Nations Organization or any 
    regional international organization of which the United States is a 
    member logistic support, supplies, and services for elements of the 
    armed forces deployed outside the United States; and
        (2) acquire from any government not a member of the North 
    Atlantic Treaty Organization logistic support, supplies, and 
    services for elements of the armed forces deployed (or to be 
    deployed) outside the United States if that country--
            (A) has a defense alliance with the United States;
            (B) permits the stationing of members of the armed forces in 
        such country or the homeporting of naval vessels of the United 
        States in such country;
            (C) has agreed to preposition materiel of the United States 
        in such country; or
            (D) serves as the host country to military exercises which 
        include elements of the armed forces or permits other military 
        operations by the armed forces in such country.

(Added Pub. L. 96-323, Sec. 2(a), Aug. 4, 1980, 94 Stat. 1016, 
Sec. 2321; renumbered Sec. 2341 and amended Pub. L. 99-145, title XIII, 
Sec. 1304(a)(1), (4), Nov. 8, 1985, 99 Stat. 741; Pub. L. 99-661, div. 
A, title XI, Sec. 1104(a), Nov. 14, 1986, 100 Stat. 3963; Pub. L. 102-
484, div. A, title XIII, Sec. 1312(a), Oct. 23, 1992, 106 Stat. 2547; 
Pub. L. 103-337, div. A, title XIII, Sec. 1317(a), Oct. 5, 1994, 108 
Stat. 2899.)


                               Amendments

    1994--Par. (1). Pub. L. 103-337 substituted a comma for ``and'' 
after ``countries'' and inserted ``, and from the United Nations 
Organization or any regional international organization of which the 
United States is a member'' after ``subsidiary bodies''.
    1992--Par. (1). Pub. L. 102-484, Sec. 1312(a)(1), substituted 
``outside the United States'' for ``in Europe and adjacent waters''.
    Par. (2). Pub. L. 102-484, Sec. 1312(a)(2), in introductory 
provisions, struck out ``in which elements of the armed forces are 
deployed (or are to be deployed)'' after ``North Atlantic Treaty 
Organization'' and substituted ``outside the United States'' for ``in 
such country or in the military region in which such country is 
located''.
    1986--Pub. L. 99-661 substituted ``elements of the armed forces 
deployed outside the United States'' for ``United States armed forces in 
Europe'' in section catchline.
    Pub. L. 99-661 amended section generally, restating existing 
provisions into introductory text and par. (1) and adding par. (2).
    1985--Pub. L. 99-145 renumbered section 2321 of this title as this 
section and substituted ``section 2343'' for ``section 2323''.


                    Effective Date of 1994 Amendment

    Section 1317(j) of Pub. L. 103-337 provided that: ``The amendments 
made by this section [enacting section 2349a of this title and amending 
this section and sections 2342 to 2347 and 2350 of this title] shall 
apply with regard to any acquisition or transfer of logistic support, 
supplies, and services under the authority of subchapter I of chapter 
138 of title 10, United States Code, that is initiated after the date of 
the enactment of this Act [Oct. 5, 1994].''


                    Effective Date of 1992 Amendment

    Section 1312(c) of Pub. L. 102-484 provided that: ``The amendments 
made by this section [amending this section and section 2347 of this 
title] shall take effect on the date of enactment of this Act [Oct. 23, 
1992] and shall apply to acquisitions of logistics support, supplies, 
and services under chapter 138 of title 10, United States Code, that are 
initiated on or after the date of enactment of this Act.''


                               Short Title

    Section 1 of Pub. L. 96-323 provided: ``That this Act [enacting this 
chapter] may be cited as the `North Atlantic Treaty Organization Mutual 
Support Act of 1979'.''


  Acceptance of Real Property, Services, and Commodities From Foreign 
             Countries by Agencies of Department of Defense

    Pub. L. 101-165, title IX, Sec. 9008, Nov. 21, 1989, 103 Stat. 1130, 
which authorized agencies of Department of Defense to accept use of real 
property from foreign countries for United States in accordance with 
mutual defense agreements or occupational arrangements and to accept 
services furnished by foreign countries as reciprocal international 
courtesies or as services customarily made available without charge and 
to use same for support of United States forces in such areas without 
specific appropriation therefor, was repealed and restated in section 
2350g of this title by Pub. L. 101-510, div. A, title XIV, 
Sec. 1451(b)(1), (c), Nov. 5, 1990, 104 Stat. 1692, 1693.


                        Overseas Workload Program

    Pub. L. 101-510, div. A, title XIV, Sec. 1465, Nov. 5, 1990, 104 
Stat. 1700, as amended by Pub. L. 102-190, div. A, title X, Sec. 1085, 
Dec. 5, 1991, 105 Stat. 1483; Pub. L. 102-484, div. A, title XIII, 
Sec. 1353, Oct. 23, 1992, 106 Stat. 2559, which related to eligibility 
of a firm of any member nation of North Atlantic Treaty Organization 
(NATO) or of any major non-NATO ally to bid on any contract for 
maintenance, repair, or overhaul of equipment of the Department of 
Defense to be awarded under competitive procedures as part of the 
Overseas Workload Program, was repealed and restated in section 2349 of 
this title by Pub. L. 103-160, div. A, title XIV, Sec. 1431(a)(1), 
(b)(1), Nov. 30, 1993, 107 Stat. 1832, 1833. Similar provisions were 
contained in the following authorization or appropriation acts:
    Pub. L. 102-396, title IX, Sec. 9130, Oct. 6, 1992, 106 Stat. 1935, 
as amended by Pub. L. 103-160, div. A, title XIV, Sec. 1431(b)(2), Nov. 
30, 1993, 107 Stat. 1833.
    Pub. L. 102-172, title VIII, Sec. 8122, Nov. 26, 1991, 105 Stat. 
1205.
    Pub. L. 101-511, title VIII, Sec. 8003, Nov. 5, 1990, 104 Stat. 
1873.
    Pub. L. 100-180, div. A, title X, Sec. 1021, Dec. 4, 1987, 101 Stat. 
1143.

                  Section Referred to in Other Sections

    This section is referred to in section 2343 of this title.
