10 U.S.C. § 2342: Cross-servicing agreements

The government of a North Atlantic Treaty Organization country. A subsidiary body of the North Atlantic Treaty Organization. The United Nations Organization or any regional international organization. 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. 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. 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 in the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary submits to the appropriate committees of Congress notice of the intended designation not less than 30 days before the date on which such country is designated by the Secretary under subsection (a). In the case of a country that is not a member of the North Atlantic Treaty Organization, the Secretary of Defense may not enter into an agreement under this section unless the Secretary submits to the appropriate committees of Congress a notice of intent to enter into such an agreement not less than 30 days before the date on which the Secretary enters into the agreement. 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. The Secretary of Defense may not use an agreement with any government or an organization described in subsection (a)(1) to facilitate the transfer of logistic support, supplies, and services to any country or organization with which the Secretary has not signed an agreement described in subsection (a)(2). An agreement described in subsection (a)(2) may not provide or otherwise constitute a commitment for the introduction of the armed forces into hostilities. accounting for logistic support, supplies, and services received or provided under acquisition and cross-servicing agreements; ensuring consistent standards and guidance to the armed forces and combatant commands in executing acquisition and cross-servicing agreements; overseeing and monitoring the implementation of acquisition and cross-servicing agreements in coordination with the Under Secretary of Defense for Policy; and such other responsibilities as may be prescribed by the Secretary. contracts entered into under this subchapter are free from self-dealing, bribery, and conflict of interests; adequate processes and controls are in place to provide for the accurate accounting of logistic support, supplies, and services received or provided under the authority of this subchapter; and personnel responsible for accounting for logistic support, supplies, and services received or provided under such authority are fully trained and aware of such responsibilities. Not later than 270 days after the issuance of the regulations under paragraph (1), the Comptroller General of the United States shall conduct a review of the implementation by the Secretary of such regulations. assess the effectiveness of such regulations and the implementation of such regulations to ensure the effective management and oversight of an agreement under subsection (a)(1); and include any other matter the Comptroller General considers relevant. A list of agreements that have entered into force or were applied provisionally pursuant to subsection (a)(1) during the preceding fiscal year. pursuant to subsection (b)(1)(B) of the designation of such country under subsection (a); and pursuant to subsection (b)(2) of the intent of the Secretary to enter into the agreement. The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services provided during the preceding fiscal year under each such agreement. The class of supply, total dollar amount, the amount collected, and the outstanding balance of logistic support, supplies, and services received during the preceding fiscal year under each such agreement. The date on which the transaction occurred. The country or organization to which logistic support, supplies, and services were provided. The value of the transaction. An explanation of any waiver granted under section 2347(c) during the preceding fiscal year, including an identification of the relevant contingency operation or non-combat operation. the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. A coalition operation with the United States as part of a contingency operation. A coalition operation with the United States as part of a peacekeeping operation under the Charter of the United Nations or another international agreement. Training of such forces in connection with the deployment of such forces to be deployed to an operation described in paragraph (1) or (2). 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. a coalition operation with the United States described in paragraph (1) or (2) of subsection (a); or training described in paragraph (3) of subsection (a). 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. 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. reimbursement; replacement-in-kind; or exchange of supplies or services of an equal value. 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. Any waiver under this subsection may be made only on a case-by-case basis. If the authority provided under this section is exercised during a fiscal year, the Secretary of Defense shall, with the concurrence of 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. the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives. 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. The authority in subsection (a) shall expire on December 31, 2029 .”