§2350l — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense, with the Secretary of State’s agreement, may make formal written deals with a foreign country or international organization so each side can test defense equipment at the other’s test ranges or labs. The deals must say the visiting party pays the host for the costs of testing. The visitor must pay direct costs caused by the test. The visitor may also pay indirect costs if the deal allows it. The Secretary of Defense must approve how much indirect cost the United States charges, and that approval can be passed only to the Deputy Secretary of Defense or one other Defense official. Money the U.S. collects goes back to the same government accounts that paid the costs. Direct cost: a cost tied directly to the test (like labor, materials, or damaged equipment). Indirect cost: a shared or overhead cost not tied to one specific test (like base support or general admin). Test facility: any range or place where defense equipment is tested.

Title 10, §2350l

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense, with the concurrence of the Secretary of State, may enter into a memorandum of understanding (or other formal agreement) with a foreign country or international organization to provide for the testing, on a reciprocal basis, of defense equipment (1) by the United States using test facilities of that country or organization, and (2) by that country or organization using test facilities of the United States.

(b)A memorandum or other agreement under subsection (a) shall provide that, when a party to the agreement uses a test facility of another party to the agreement, the party using the test facility is charged by the party providing the test facility in accordance with the following principles:

(1)The user party shall be charged the amount equal to the direct costs incurred by the provider party in furnishing test and evaluation services by the providing party’s officers, employees, or governmental agencies.

(2)The user party may also be charged indirect costs relating to the use of the test facility, but only to the extent specified in the memorandum or other agreement.

(c)(1)The Secretary of Defense shall determine the appropriateness of the amount of indirect costs charged by the United States pursuant to subsection (b)(2).

(2)The Secretary may delegate the authority under paragraph (1) only to the Deputy Secretary of Defense and to one other official of the Department of Defense.

(d)Amounts collected by the United States from a party using a test facility of the United States pursuant to a memorandum or other agreement under this section shall be credited to the appropriation accounts from which the costs incurred by the United States in providing such test facility were paid.

(e)In this section:

(1)The term “direct cost”, with respect to the use of a test facility pursuant to a memorandum or other agreement under subsection (a)—

(A)means any item of cost that is easily and readily identified to a specific unit of work or output within the test facility where the use occurred, that would not have been incurred if such use had not occurred; and

(B)may include costs of labor, materials, facilities, utilities, equipment, supplies, and any other resources of the test facility that are consumed or damaged in connection with—

(i)the use; or

(ii)the maintenance of the test facility for purposes of the use.

(2)The term “indirect cost”, with respect to the use of a test facility pursuant to a memorandum or other agreement under subsection (a)—

(A)means any item of cost that is not easily and readily identified to a specific unit of work or output within the test facility where the use occurred; and

(B)may include general and administrative expenses for such activities as supporting base operations, manufacturing, supervision, procurement of office supplies, and utilities that are accumulated costs allocated among several users.

(3)The term “test facility” means a range or other facility at which testing of defense equipment may be carried out.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 116–283, § 1844(b)(1), which directed the renumbering of this section as section 4145 of this title, was repealed by Pub. L. 117–81, § 1701(u)(5)(B).

Statutory Notes and Related Subsidiaries

Effective Date

of 2021 AmendmentAmendment by Pub. L. 117–81 applicable as if included in the enactment of title XVIII of Pub. L. 116–283 as enacted, see section 1701(a)(2) of Pub. L. 117–81, set out in a note preceding section 3001 of this title and note below. Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title.

§2350l Cooperative Agreements for Reciprocal Use of Test Facilities: Foreign Countries and International Organizations