
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: 10USC2350e]

 
                         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. 2350e. NATO Airborne Warning and Control System (AWACS) 
        program: authority of Secretary of Defense
        
    (a) Authority Under AWACS Program.--The Secretary of Defense, in 
carrying out an AWACS memorandum of understanding, may do the following:
        (1) Waive reimbursement for the cost of the following functions 
    performed by personnel other than personnel employed in the United 
    States Air Force Airborne Warning and Control System (AWACS) program 
    office:
            (A) Auditing.
            (B) Quality assurance.
            (C) Codification.
            (D) Inspection.
            (E) Contract administration.
            (F) Acceptance testing.
            (G) Certification services.
            (H) Planning, programming, and management services.

        (2) Waive any surcharge for administrative services otherwise 
    chargeable.
        (3) In connection with that Program, assume contingent liability 
    for--
            (A) program losses resulting from the gross negligence of 
        any contracting officer of the United States;
            (B) identifiable taxes, customs duties, and other charges 
        levied within the United States on the program; and
            (C) the United States share of the unfunded termination 
        liability.

    (b) Contract Authority Limitation.--Authority under this section to 
enter into contracts shall be effective for any fiscal year only to such 
extent or in such amounts as are provided in appropriation Acts.
    (c) Definition.--In this section, the term ``AWACS memorandum of 
understanding'' means--
        (1) the Multilateral Memorandum of Understanding Between the 
    North Atlantic Treaty Organization (NATO) Ministers of Defence on 
    the NATO E-3A Cooperative Programme, signed by the Secretary of 
    Defense on December 6, 1978;
        (2) the Memorandum of Understanding for Operations and Support 
    of the NATO Airborne Early Warning and Control Force, signed by the 
    United States Ambassador to NATO on September 26, 1984;
        (3) the Addendum to the Multilateral Memorandum of Understanding 
    Between the North Atlantic Treaty Organization (NATO) Ministers of 
    Defence on the NATO E-3A Cooperative Programme (dated December 6, 
    1978) relating to the modernization of the NATO Airborne Early 
    Warning and Control (NAEW&C) System, dated December 7, 1990; and
        (4) any other follow-on support agreement for the NATO E-3A 
    Cooperative Programme.

(Added Pub. L. 101-189, div. A, title IX, Sec. 932(a)(1), Nov. 29, 1989, 
103 Stat. 1536; amended Pub. L. 102-190, div. A, title X, Sec. 1051, 
Dec. 5, 1991, 105 Stat. 1470; Pub. L. 103-160, div. A, title XIV, 
Sec. 1413, Nov. 30, 1993, 107 Stat. 1829.)


                            Prior Provisions

    Provisions similar to those in this section were contained in Pub. 
L. 97-86, title I, Sec. 103, Dec. 1, 1981, 95 Stat. 1100, as amended, 
which was set out as a note under section 2407 of this title, prior to 
repeal by Pub. L. 101-189, Sec. 932(b).


                               Amendments

    1993--Subsec. (d). Pub. L. 103-160 struck out subsec. (d) which read 
as follows: ``Expiration.--The authority provided by this section 
expires on September 30, 1993.''
    1991--Subsec. (c)(3), (4). Pub. L. 102-190, Sec. 1051(1), added par. 
(3) and redesignated former par. (3) as (4).
    Subsec. (d). Pub. L. 102-190, Sec. 1051(2), substituted ``1993'' for 
``1991''.
