
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: 10USC2350c]

 
                         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 II--OTHER COOPERATIVE AGREEMENTS
 
Sec. 2350c. Cooperative military airlift agreements: allied 
        countries
        
    (a) Subject to the availability of appropriations, and after 
consultation with the Secretary of State, the Secretary of Defense may 
enter into cooperative military airlift agreements with the government 
of any allied country for the transportation of the personnel and cargo 
of the military forces of that country on aircraft operated by or for 
the military forces of the United States in return for the reciprocal 
transportation of the personnel and cargo of the military forces of the 
United States on aircraft operated by or for the military forces of that 
allied country. Any such agreement shall include the following terms:
        (1) The rate of reimbursement for transportation provided shall 
    be the same for each party and shall be not less than the rate 
    charged to military forces of the United States, as determined by 
    the Secretary of Defense under section 2208(h) of this title.
        (2) Credits and liabilities accrued as a result of providing or 
    receiving transportation shall be liquidated as agreed upon by the 
    parties. Liquidation shall be either by direct payment to the 
    country that has provided the greater amount of transportation or by 
    the providing of in-kind transportation services to that country. 
    The liquidation shall occur on a regular basis, but not less often 
    than once every 12 months.
        (3) During peacetime, the only military airlift capacity that 
    may be used to provide transportation is that capacity that (A) is 
    not needed to meet the transportation requirements of the military 
    forces of the country providing the transportation, and (B) was not 
    created solely to accommodate the requirements of the military 
    forces of the country receiving the transportation.
        (4) Defense articles purchased by an allied country from the 
    United States under the Arms Export Control Act (22 U.S.C. 2751 et 
    seq.) or from a commercial source under the export controls of the 
    Arms Export Control Act may not be transported (for the purpose of 
    delivery incident to the purchase of the defense articles) to the 
    purchasing allied country on aircraft operated by or for the 
    military forces of the United States except at a rate of 
    reimbursement that is equal to the full cost of transportation of 
    the defense articles, as required by section 21(a)(3) of the Arms 
    Export Control Act (22 U.S.C. 2761(a)(3)).

    (b) Subject to the availability of appropriations, and after 
consultation with the Secretary of State, the Secretary of Defense may 
enter into nonreciprocal military airlift agreements with North Atlantic 
Treaty Organization subsidiary bodies for the transportation of the 
personnel and cargo of such subsidiary bodies on aircraft operated by or 
for the military forces of the United States. Any such agreement shall 
be subject to such terms as the Secretary of Defense considers 
appropriate.
    (c) Any amount received by the United States as a result of an 
agreement entered into under this section shall be credited to 
applicable appropriations, accounts, and funds of the Department of 
Defense.
    (d) In this section:
        (1) The term ``allied country'' means any of the following:
            (A) A country that is a member of the North Atlantic Treaty 
        Organization.
            (B) Australia, New Zealand, Japan, and the Republic of 
        Korea.
            (C) Any other country designated as an allied country for 
        the purposes of this section by the Secretary of Defense with 
        the concurrence of the Secretary of State.

        (2) The term ``North Atlantic Treaty Organization subsidiary 
    bodies'' has the meaning given to it by section 2350 of this title.

(Added Pub. L. 97-252, title XI, Sec. 1125(a), Sept. 8, 1982, 96 Stat. 
757, Sec. 2213; amended Pub. L. 99-145, title XIII, Sec. 1304(b), Nov. 
8, 1985, 99 Stat. 742; Pub. L. 100-26, Sec. 7(k)(2), Apr. 21, 1987, 101 
Stat. 284; renumbered Sec. 2350c and amended Pub. L. 101-189, div. A, 
title IX, Sec. 931(b)(2), (e)(4), Nov. 29, 1989, 103 Stat. 1534, 1535; 
Pub. L. 102-484, div. A, title XIII, Sec. 1311, Oct. 23, 1992, 106 Stat. 
2547; Pub. L. 106-398, Sec. 1 [[div. A], title XII, Sec. 1222], Oct. 30, 
2000, 114 Stat. 1654, 1654A-328.)

                       References in Text

    The Arms Export Control Act (22 U.S.C. 2751 et seq.), referred to in 
subsec. (a)(4), is Pub. L. 90-629, Oct. 22, 1968, 82 Stat. 1320, as 
amended, which is classified principally to chapter 39 (Sec. 2751 et 
seq.) of Title 22, Foreign Relations and Intercourse. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 2751 of Title 22 and Tables.


                               Amendments

    2000--Subsecs. (d), (e). Pub. L. 106-398 redesignated subsec. (e) as 
(d) and struck out former subsec. (d) which read as follows: 
``Notwithstanding subchapter I, the Secretary of Defense may enter into 
military airlift agreements with allied countries only under the 
authority of this section.''
    1992--Subsec. (a)(2). Pub. L. 102-484, Sec. 1311(a), substituted 
``as agreed upon by the parties. Liquidation shall be either by direct 
payment to the country that has provided the greater amount of 
transportation or by the providing of in-kind transportation services to 
that country. The liquidation shall occur on a regular basis, but not 
less often than once every 12 months.'' for ``not less often than once 
every 3 months by direct payment to the country that has provided the 
greater amount of transportation.''
    Subsec. (e)(1)(B). Pub. L. 102-484, Sec. 1311(b), substituted ``, 
New Zealand, Japan, and the Republic of Korea'' for ``or New Zealand''.
    1989--Pub. L. 101-189 renumbered section 2213 of this title as this 
section and inserted ``: allied countries'' after ``airlift agreements'' 
in section catchline.
    Subsec. (d). Pub. L. 101-189, Sec. 931(b)(2), substituted 
``subchapter I'' for ``chapter 138 of this title''.
    1987--Subsec. (e). Pub. L. 100-26 inserted ``The term'' after each 
par. designation and substituted ``allied'' for ``Allied'' in par. (1).
    1985--Subsec. (e)(2). Pub. L. 99-145 substituted ``section 2350'' 
for ``section 2331''.
