10 U.S.C. § 2350k — Relocation within host nation of ele-

Page 1901 TITLE 10—ARMED FORCES § 2350l ‘‘(2) the Secretary of Defense determines that the United States may derive a benefit from the project, including— ‘‘(A) access to and use of facilities of the Kuwait military forces; ‘‘(B) ability or capacity for future force posture; and ‘‘(C) increased interoperability between the De- partment of Defense and Kuwait military forces. ‘‘(f) EXPIRATION OF PROJECT AUTHORITY.—The author- ity to carry out projects under this section expires on September 30, 2030. The expiration of the authority does not prevent the continuation of any project com- menced before that date.’’ § 2350k. Relocation within host nation of ele- ments of armed forces overseas (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— The Secretary of Defense may accept contribu- tions from any nation because of or in support of the relocation of elements of the armed forces from or to any location within that nation. Such contributions may be accepted in dollars or in the currency of the host nation. Any such con- tribution shall be placed in an account estab- lished for such purpose and shall remain avail- able until expended for the purposes specified in subsection (b). The Secretary shall establish a separate account for such purpose for each coun- try from which such contributions are accepted. (b) USE OF CONTRIBUTIONS.—The Secretary may use a contribution accepted under sub- section (a) only for payment of costs incurred in connection with the relocation concerning which the contribution was made. Those costs include the following: (1) Design and construction services, includ- ing development and review of statements of work, master plans and designs, acquisition of construction, and supervision and administra- tion of contracts relating thereto. (2) Transportation and movement services, including packing, unpacking, storage, and transportation. (3) Communications services, including in- stallation and deinstallation of communica- tions equipment, transmission of messages and data, and rental of transmission capa- bility. (4) Supply and administration, including ac- quisition of expendable office supplies, rental of office space, budgeting and accounting serv- ices, auditing services, secretarial services, and translation services. (5) Personnel costs, including salary, allow- ances and overhead of employees whether full- time or part-time, temporary or permanent (except for military personnel), and travel and temporary duty costs. (6) All other clearly identifiable expenses di- rectly related to relocation. (c) METHOD OF CONTRIBUTION.—Contributions may be accepted in any of the following forms: (1) Irrevocable letter of credit issued by a fi- nancial institution acceptable to the Treas- urer of the United States. (2) Drawing rights on a commercial bank ac- count established and funded by the host na- tion, which account is blocked such that funds deposited cannot be withdrawn except by or with the approval of the United States. (3) Cash, which shall be deposited in a sepa- rate trust fund in the United States Treasury pending expenditure and which shall accrue interest in accordance with section 9702 of title 31. (Added Pub. L. 104–106, div. A, title XIII, § 1332(a)(1), Feb. 10, 1996, 110 Stat. 482; amended Pub. L. 107–314, div. A, title X, § 1041(a)(11), Dec. 2, 2002, 116 Stat. 2645.) Editorial Notes AMENDMENTS 2002—Subsec. (d). Pub. L. 107–314 struck out heading and text of subsec. (d). Text read as follows: ‘‘Not later than 30 days after the end of each fiscal year, the Sec- retary shall submit to Congress a report specifying— ‘‘(1) the amount of the contributions accepted by the Secretary during the preceding fiscal year under subsection (a) and the purposes for which the con- tributions were made; and ‘‘(2) the amount of the contributions expended by the Secretary during the preceding fiscal year and the purposes for which the contributions were ex- pended.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 104–106, div. A, title XIII, § 1332(b), Feb. 10, 1996, 110 Stat. 484, provided that: ‘‘Section 2350k of title 10, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Feb. 10, 1996] and shall apply to contributions for relo- cation of elements of the Armed Forces in or to any na- tion received on or after such date.’’ § 2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries and international organizations (a) AUTHORITY.—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 coun- try or international organization to provide for the testing, on a reciprocal basis, of defense equipment (1) by the United States using test fa- cilities of that country or organization, and (2) by that country or organization using test fa- cilities of the United States. (b) PAYMENT OF COSTS.—A memorandum or other agreement under subsection (a) shall pro- vide 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 accord- ance 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 eval- uation services by the providing party’s offi- cers, employees, or governmental agencies. (2) The user party may also be charged indi- rect costs relating to the use of the test facil- ity, but only to the extent specified in the memorandum or other agreement. (c) DETERMINATION OF INDIRECT COSTS; DELE- GATION OF AUTHORITY.—(1) The Secretary of De- fense 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 Sec- retary of Defense and to one other official of the Department of Defense.