§ 2350o. Participation in programs relating to coordination or exchange of air refueling and air transportation services

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(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. 116–283, div. A, title XII, § 1203(a), Jan. 1, 2021, 134 Stat. 3910.)

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