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LegalText 10 U.S.C. § 2350o Participation in programs relating to coordination or exchange of air refueling and air transportation services us united_states_code code_section 10 ARMED FORCES 138 COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES 2350o 10 U.S.C. § 2350o current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip /us/usc/t10/s2350o data/legal/raw/us/code/title-10/usc10.xml 5d1480116868762e4cc6ff73f6594ea53c5529df9624ca079957f55fdfd846ee 06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1 866629103bc759e18f47737c4cc7cfd1031c16ccd5e125e0bbc0b9467bbf235b 2026-07-04 official
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10 U.S.C. § 2350o - Participation in programs relating to coordination or exchange of air refueling and air transportation services

Text

(a) Participation Authorized.— (1) In general.— The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in programs relating to the coordination or exchange of air refueling and air transportation services, including in the arrangement known as the Air Transport and Air-to-Air Refueling and other Exchanges of Services program (in this section referred to as the “ATARES program”).

(2) Scope of participation.— Participation of the Department of Defense in programs referred to in paragraph (1) may include—

(A) the reciprocal exchange or transfer of air refueling and air transportation services on a reimbursable basis or by replacement-in-kind; and

(B) the exchange of air refueling and air transportation services of an equal value.

(3) Limitations with respect to participation in atares program.— (A) In general.— The Department of Defense balance of executed flight hours in participation in the ATARES program under paragraph (1), whether as credits or debits, may not exceed a total of 500 hours.

(B) Air refueling.— The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph (1) may not exceed 200 hours.

(b) Written Arrangement or Agreement.— Participation of the Department of Defense in a program referred to in subsection (a)(1) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.

(c) Implementation.— In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—

(1) pay the equitable share of the Department of Defense for the recurring and nonrecurring costs of the applicable program referred to in subsection (a)(1) from funds available to the Department for operation and maintenance; and

(2) assign members of the armed forces or Department of Defense civilian personnel to fulfill Department obligations under that arrangement or agreement.

(Added Pub. L. 116283, div. A, title XII, § 1203(a), Jan. 1, 2021, 134 Stat. 3910.)

Notes

Statutory Notes and Related Subsidiaries

Authority To Establish a Movement Coordination Center Pacific in the Indo-Pacific RegionPub. L. 116283, div. A, title X, § 1061, Jan. 1, 2021, 134 Stat. 3858, provided that: “(a) Authority To Establish.—“(1) In general.—The Secretary of Defense, with the concurrence of the Secretary of State, may authorize—“(A) the establishment of a Movement Coordination Center Pacific (in this section referred to as the Center); and “(B) the participation of the Department of Defense in an Air Transport and Air-to-Air refueling and other Exchanges of Services program (in this section referred to as the ATARES program) of the Center. “(2) Scope of participation.—Participation in the ATARES program under paragraph (1)(B) shall be limited to the reciprocal exchange or transfer of air transportation and air refueling services on a reimbursable basis or by replacement-in-kind or the exchange of air transportation or air refueling services of an equal value with foreign militaries. “(3) Limitations.—The Department of Defenses balance of executed transportation hours, whether as credits or debits, in participation in the ATARES program under paragraph (1)(B) may not exceed 500 hours. The Department of Defenses balance of executed flight hours for air refueling in the ATARES program under paragraph (1)(B) may not exceed 200 hours. “(b) Written Arrangement or Agreement.—“(1) Arrangement or agreement required.—The participation of the Department of Defense in the ATARES program under subsection (a) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State. “(2) Funding arrangements.—If Department of Defense facilities, equipment, or funds are used to support the ATARES program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement. “(3) Other elements.—Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits and liabilities resulting from an unequal exchange or transfer of air transportation or air refueling services shall be liquidated, not less than once every 5 years, through the ATARES program. “(c) Implementation.—In carrying out any written arrangement or agreement entered into under subsection (b), the Secretary of Defense may—“(1) pay the Department of Defenses equitable share of the operating expenses of the Center and the ATARES program from funds available to the Department of Defense for operation and maintenance; and “(2) assign members of the Armed Forces or Department of Defense civilian personnel, within billets authorized for the United States Indo-Pacific Command, to duty at the Center as necessary to fulfill the obligations of the Department of Defense under that arrangement or agreement.”