---
kind: "section"
citation: "10 U.S.C. § 2349"
title: "10"
title_heading: "Armed Forces"
number: "2349"
heading: "Overseas Workload Program"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2349"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 138 — Cooperative Agreements with Nato Allies and Other Countries"
  - "Subchapter I — Acquisition and Cross-Servicing Agreements"
---

# §2349. Overseas Workload Program

- (a) **In General.—** A firm of any member nation of the North Atlantic Treaty Organization or of any major non-NATO ally shall be eligible to bid on any contract for the maintenance, repair, or overhaul of equipment of the [Department](/usc/10/101.md?p=a-6) of Defense located outside the [United States](/usc/10/101.md?p=a-1) to be awarded under competitive procedures as part of the [program](/usc/10/2101.md?p=1) of the [Department](/usc/10/101.md?p=a-6) of Defense known as the Overseas Workload [Program](/usc/10/2101.md?p=1).
- (b) **Site of Performance.—** A contract awarded to a firm described in [subsection (a)](#a) may be performed in the theater in which the equipment is normally located or in the country in which the firm is located.
- (c) **Exceptions.—** The [Secretary](/usc/10/4951.md?p=3) of a [military](/usc/10/801.md?p=8) [department](/usc/10/101.md?p=a-6) may restrict the geographic region in which a contract referred to in [subsection (a)](#a) may be performed if the [Secretary](/usc/10/4951.md?p=3) determines that performance of the contract outside that specific region—
  - (1) could adversely affect the [military](/usc/10/801.md?p=8) preparedness of the [armed forces](/usc/10/101.md?p=a-4); or
  - (2) would violate the terms of an international agreement to which the [United States](/usc/10/101.md?p=a-1) is a party.
- (d) **Definition.—** In this section, the term “major non-NATO ally” has the meaning given that term in [section 2350a(i)(2) of this title](/usc/10/2350a.md?p=i-2).

## Source credit

(Added Pub. L. 103–160, div. A, title XIV, § 1431(a)(1), Nov. 30, 1993, 107 Stat. 1832; amended Pub. L. 108–375, div. A, title X, § 1084(d)(18), Oct. 28, 2004, 118 Stat. 2062.)

## Notes

### Editorial Notes

### Prior Provisions

A prior section 2349, added Pub. L. 96–323, § 2(a), Aug. 4, 1980, 94 Stat. 1018, § 2330; renumbered § 2349, Pub. L. 99–145, title XIII, § 1304(a)(3), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101–189, div. A, title IX, § 931(e)(1), Nov. 29, 1989, 103 Stat. 1535, directed Secretary of Defense to submit a report to Congress annually relating to agreements under this chapter, prior to repeal by Pub. L. 101–510, § 1301(11).

Provisions similar to those in this section were contained in Pub. L. 101–510, div. A, title XIV, § 1465, Nov. 5, 1990, 104 Stat. 1700, as amended, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 103–160, § 1431(b)(1). Other prior similar provisions, formerly set out under section 2341 of this title, were contained in the following authorization or appropriation acts:

Pub. L. 102–396, title IX, § 9130, Oct. 6, 1992, 106 Stat. 1935, as amended by Pub. L. 103–160, div. A, title XIV, § 1431(b)(2), Nov. 30, 1993, 107 Stat. 1833.

Pub. L. 102–172, title VIII, § 8122, Nov. 26, 1991, 105 Stat. 1205.

Pub. L. 101–511, title VIII, § 8003, Nov. 5, 1990, 104 Stat. 1873.

Pub. L. 100–180, div. A, title X, § 1021, Dec. 4, 1987, 101 Stat. 1143.

### Amendments

2004—Subsec. (d). Pub. L. 108–375 substituted “section 2350a(i)(2)” for “section 2350a(i)(3)”.