Section 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:(E) Contract administration.(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, §932(a)(1), Nov. 29, 1989, 103 Stat. 1536; amended Pub. L. 102-190, div. A, title X, §1051, Dec. 5, 1991, 105 Stat. 1470; Pub. L. 103-160, div. A, title XIV, §1413, Nov. 30, 1993, 107 Stat. 1829.EDITORIAL NOTES
PRIOR PROVISIONSProvisions similar to those in this section were contained in Pub. L. 97-86, title I, §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, §932(b) .
AMENDMENTS1993-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, §1051(1), added par. (3) and redesignated former par. (3) as (4).Subsec. (d). Pub. L. 102-190, §1051(2), substituted "1993" for "1991".
- officer
- The term "officer" means a commissioned or warrant officer.