
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: 10USC2342]

 
                         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. 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 of which the United States is a member.
        (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, Sec. 2(a), Aug. 4, 1980, 94 Stat. 1016, 
Sec. 2322; renumbered Sec. 2342 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. 100-
180, div. A, title XII, Sec. 1231(9), Dec. 4, 1987, 101 Stat. 1160; Pub. 
L. 101-189, div. A, title IX, Sec. 931(e)(1), Nov. 29, 1989, 103 Stat. 
1535; Pub. L. 101-510, div. A, title XIV, Sec. 1451(a), Nov. 5, 1990, 
104 Stat. 1692; Pub. L. 103-337, div. A, title XIII, Sec. 1317(b), Oct. 
5, 1994, 108 Stat. 2900; Pub. L. 104-106, div. A, title XV, 
Sec. 1502(a)(16), Feb. 10, 1996, 110 Stat. 504; Pub. L. 106-65, div. A, 
title X, Sec. 1067(1), Oct. 5, 1999, 113 Stat. 774.)


                               Amendments

    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, Sec. 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, Sec. 1317(b)(2), substituted 
``organization'' for ``subsidiary body'' in two places.
    Subsec. (c). Pub. L. 103-337, Sec. 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''.


                    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.

                  Section Referred to in Other Sections

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