10 U.S.C. § 2350j — Burden sharing contributions by des-

Page 1898 TITLE 10—ARMED FORCES § 2350h Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in Pub. L. 101–165, title IX, § 9008, Nov. 21, 1989, 103 Stat. 1130, which was set out as a note under section 2341 of this title, prior to repeal by Pub. L. 101–510, § 1451(c). AMENDMENTS 1999—Subsecs. (b) to (d). Pub. L. 106–65 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out heading and text of former subsec. (b). Text read as follows: ‘‘(1) Not later than 30 days after the end of each quar- ter of each fiscal year, the Secretary of Defense shall submit to Congress a report on property, services, and supplies accepted by the Secretary under this section during the preceding quarter. The Secretary shall in- clude in each such report a description of all property, services, and supplies having a value of more than $1,000,000. ‘‘(2) In computing the value of any property, services, and supplies referred to in paragraph (1), the Secretary shall aggregate the value of— ‘‘(A) similar items of property, services, and sup- plies accepted by the Secretary during the quarter concerned; and ‘‘(B) components which, if assembled, would com- prise all or a substantial part of an item of equipment or a facility.’’ 1993—Subsec. (d). Pub. L. 103–160 substituted ‘‘Peri- odic Audits’’ for ‘‘Annual Audit’’ in heading and amended text generally. Prior to amendment, text read as follows: ‘‘The Comptroller General of the United States shall conduct an annual audit of property, serv- ices, and supplies accepted by the Secretary of Defense under this section and shall submit a copy of the re- sults of each such audit to Congress.’’ § 2350h. Memorandums of agreement: Depart- ment of Defense ombudsman for foreign sig- natories The Secretary of Defense shall designate an official to act as ombudsman within the Depart- ment of Defense on behalf of foreign govern- ments who are parties to memorandums of agreement with the United States concerning acquisition matters under the jurisdiction of the Secretary of Defense. The official so designated shall assist officials of those foreign govern- ments in understanding and complying with pro- cedures and requirements of the Department of Defense (and, as appropriate, other departments and agencies of the United States) insofar as they relate to any such memorandum of agree- ment. (Added Pub. L. 101–510, div. A, title XIV, § 1452(a)(1), Nov. 5, 1990, 104 Stat. 1693.) Statutory Notes and Related Subsidiaries DEADLINE FOR DESIGNATION OF OMBUDSMAN Pub. L. 101–510, div. A, title XIV, § 1452(b), Nov. 5, 1990, 104 Stat. 1694, provided that the official required to be designated under this section was to be designated by the Secretary of Defense not later than 90 days after Nov. 5, 1990. § 2350i. Foreign contributions for cooperative projects (a) CREDITING OF CONTRIBUTIONS.—Whenever the United States participates in a cooperative project with a friendly foreign country or the North Atlantic Treaty Organization (NATO) on a cost-sharing basis, any contribution received by the United States from that foreign country or NATO to meet its share of the costs of the project may be credited to appropriations avail- able to an appropriate military department or another appropriate organization within the De- partment of Defense, as determined by the Sec- retary of Defense. (b) USE OF AMOUNTS CREDITED.—The amount of a contribution credited pursuant to subsection (a) to an appropriation account in connection with a cooperative project referred to in that subsection shall be available only for payment of the share of the project expenses allocated to the foreign country or NATO making the con- tribution. Payments for which such amount is available include the following: (1) Payments to contractors and other sup- pliers (including the Department of Defense and other participants acting as suppliers) for necessary articles and services. (2) Payments for any damages and costs re- sulting from the performance or cancellation of any contract or other obligation. (3) Payments or reimbursements of other program expenses, including program office overhead and administrative costs. (4) Refunds to other participants. (c) DEFINITIONS.—In this section: (1) The term ‘‘cooperative project’’ means a jointly managed arrangement, described in a written cooperative agreement entered into by the participants, that— (A) is undertaken by the participants in order to improve the conventional defense capabilities of the participants; and (B) provides for— (i) one or more participants (other than the United States) to share with the United States the cost of research and de- velopment, testing, evaluation, or joint production (including follow-on support) of defense articles; (ii) the United States and another partic- ipant concurrently to produce in the United States and the country of such other participant a defense article jointly developed in a cooperative project de- scribed in clause (i); or (iii) the United States to procure a de- fense article or a defense service from an- other participant in the cooperative project. (2) The term ‘‘defense article’’ has the mean- ing given such term in section 47(3) of the Arms Export Control Act (22 U.S.C. 2794(3)). (3) The term ‘‘defense service’’ has the mean- ing given such term in section 47(4) of the Arms Export Control Act (22 U.S.C. 2794(4)). (Added Pub. L. 102–190, div. A, title X, § 1047(a), Dec. 5, 1991, 105 Stat. 1467.) § 2350j. Burden sharing contributions by des- ignated countries and regional organizations (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.— The Secretary of Defense, after consultation with the Secretary of State, may accept cash contributions from any country or regional or- Page 1899 TITLE 10—ARMED FORCES § 2350j ganization designated for purposes of this sec- tion by the Secretary of Defense, in consulta- tion with the Secretary of State, for the pur- poses specified in subsection (c). (b) ACCOUNTING.—Contributions accepted under subsection (a) which are not related to se- curity assistance may be accepted, managed, and expended in dollars or in the currency of the host nation (or, in the case of a contribution from a regional organization, in the currency in which the contribution was provided). Any such contribution shall be placed in an account estab- lished for such purpose and shall remain avail- able until expended for the purposes specified in subsection (c). The Secretary of Defense shall establish a separate account for such purpose for each country or regional organization from which such contributions are accepted under subsection (a). (c) AVAILABILITY OF CONTRIBUTIONS.—Con- tributions accepted under subsection (a) shall be available only for the payment of the following costs: (1) Compensation for local national employ- ees of the Department of Defense. (2) Military construction projects of the De- partment of Defense. (3) Supplies and services of the Department of Defense. (d) AUTHORIZATION OF MILITARY CONSTRUC- TION.—Contributions placed in an account estab- lished under subsection (b) may be used— (1) by the Secretary of Defense to carry out a military construction project that is con- sistent with the purposes for which the con- tributions were made and is not otherwise au- thorized by law; or (2) by the Secretary of a military depart- ment, with the approval of the Secretary of Defense, to carry out such a project. (e) NOTICE AND WAIT REQUIREMENTS.—(1) When a decision is made to carry out a military con- struction project under subsection (d), the Sec- retary of Defense shall submit to the congres- sional defense committees a report containing— (A) an explanation of the need for the project; (B) the then current estimate of the cost of the project; and (C) a justification for carrying out the project under that subsection. (2) The Secretary of Defense or the Secretary of a military department may not commence a military construction project under subsection (d) until the end of the 14-day period beginning on the date on which the Secretary of Defense submits the report under paragraph (1) regard- ing the project in an electronic medium pursu- ant to section 480 of this title. (3)(A) A military construction project under subsection (d) may be carried out without re- gard to the requirement in paragraph (1) and the limitation in paragraph (2) if the project is nec- essary to support the armed forces in the coun- try or region in which the project is carried out by reason of a declaration of war, or a declara- tion by the President of a national emergency pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.), that is in force at the time of the commencement of the project. (B) When a decision is made to carry out a military construction project under subpara- graph (A), the Secretary of Defense shall submit to the congressional defense committees— (i) a notice of the decision; and (ii) a statement of the current estimated cost of the project, including the cost of any real property transaction in connection with the project. (f) REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES.— (1) IN GENERAL.—Not later than January 15 each year, the Secretary of Defense shall sub- mit to the appropriate committees of Congress a report on the burden sharing contributions received under this section from designated countries. (2) ELEMENTS.—Each report required by paragraph (1) shall include the following for the preceding fiscal year: (A) A list of all designated countries from which burden sharing contributions were re- ceived. (B) An explanation of the purpose for which each such burden sharing contribution was provided. (C) A description of any written agreement entered into with a designated country under this section, including the date on which the agreement was signed. (D) For each designated country— (i) the amount provided by the des- ignated country; and (ii) the amount of any remaining unobli- gated balance. (E) The amount of such burden sharing contributions expended, by eligible category, including compensation for local national employees, military construction projects, and supplies and services of the Department of Defense. (F) Any other matter the Secretary of De- fense considers relevant. (3) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this subsection, the term ‘‘appro- priate committees of Congress’’ means— (A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and (B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Com- mittee on Appropriations of the House of Representatives. (Added Pub. L. 103–160, div. A, title XIV, § 1402(a), Nov. 30, 1993, 107 Stat. 1825; amended Pub. L. 103–337, div. A, title X, § 1070(a)(10), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104–106, div. A, title XIII, § 1331, Feb. 10, 1996, 110 Stat. 482; Pub. L. 106–65, div. A, title X, § 1067(1), div. B, title XXVIII, § 2801, Oct. 5, 1999, 113 Stat. 774, 845; Pub. L. 108–136, div. A, title X, §§ 1031(a)(18), 1043(b)(12), Nov. 24, 2003, 117 Stat. 1597, 1611; Pub. L. 115–91, div. A, title X, § 1051(a)(15), div. B, title XXVIII, § 2801(f), Dec. 12, 2017, 131 Stat. 1561, 1845; Pub. L. 116–283, div. A, title XII, § 1299B, Jan. 1, 2021, 134 Stat. 3998.) Page 1900 TITLE 10—ARMED FORCES § 2350j Editorial Notes REFERENCES IN TEXT The National Emergencies Act, referred to in subsec. (e)(3), is Pub. L. 94–412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables. CODIFICATION Section, as added by Pub. L. 103–160, consists of text of Pub. L. 102–190, div. A, title X, § 1045, Dec. 5, 1991, 105 Stat. 1465, as amended by Pub. L. 102–484, div. A, title XIII, § 1305(a), (b), Oct. 23, 1992, 106 Stat. 2546, and re- vised by Pub. L. 103–160, in subsec. (a), by substituting ‘‘The Secretary’’ for ‘‘During fiscal years 1992 and 1993, the Secretary’’, inserting ‘‘, after consultation with the Secretary of State,’’ after ‘‘Secretary of Defense’’, and substituting ‘‘from any country or regional organi- zation designated for purposes of this section by the Secretary of Defense, in consultation with the Sec- retary of State’’ for ‘‘from Japan, Kuwait, and the Re- public of Korea’’, and in former subsec. (f), by sub- stituting ‘‘each fiscal year’’ for ‘‘each quarter of fiscal years 1992 and 1993’’, ‘‘Congress’’ for ‘‘congressional de- fense committees’’, ‘‘each country and regional organi- zation from which contributions have been accepted by the Secretary under subsection (a)’’ for ‘‘Japan, Ku- wait, and the Republic of Korea’’, and ‘‘the preceding fiscal year’’ for ‘‘the preceding quarter’’ in pars. (1) and (2). AMENDMENTS 2021—Subsec. (f). Pub. L. 116–283 added subsec. (f). 2017—Subsec. (e)(2). Pub. L. 115–91, § 2801(f)(2), which directed striking out ‘‘or, if earlier, the end of the 14- day period beginning on the date on which a copy of the report is provided’’, was executed by striking out ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided’’ after ‘‘regarding the project’’, to reflect the probable intent of Congress. Pub. L. 115–91, § 2801(f)(1), substituted ‘‘14-day period’’ for ‘‘21-day period’’. Subsec. (f). Pub. L. 115–91, § 1051(a)(15), struck out sub- sec. (f). Text read as follows: ‘‘Not later than 30 days after the end of each fiscal year, the Secretary of De- fense shall submit to Congress a report specifying sepa- rately for each country and regional organization from which contributions have been accepted by the Sec- retary under subsection (a)— ‘‘(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.’’ 2003—Subsec. (e)(1). Pub. L. 108–136, § 1043(b)(12)(A), substituted ‘‘congressional defense committees’’ for ‘‘congressional committees specified in subsection (g)’’ in introductory provisions. Subsec. (e)(2). Pub. L. 108–136, § 1031(a)(18), inserted before period at end ‘‘or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title’’. Subsec. (e)(3)(B). Pub. L. 108–136, § 1043(b)(12)(A), sub- stituted ‘‘congressional defense committees’’ for ‘‘con- gressional committees specified in subsection (g)’’ in introductory provisions. Subsec. (g). Pub. L. 108–136, § 1043(b)(12)(B), struck out subsec. (g) which listed the congressional committees referred to in subsec. (e). 1999—Subsec. (e)(3). Pub. L. 106–65, § 2801(a), added par. (3). Subsec. (g). Pub. L. 106–65, § 2801(b), substituted ‘‘sub- section (e)’’ for ‘‘subsection (e)(1)’’ in introductory pro- visions. Subsec. (g)(2). Pub. L. 106–65, § 1067(1), substituted ‘‘Committee on Armed Services’’ for ‘‘Committee on National Security’’. 1996—Subsec. (b). Pub. L. 104–106, § 1331(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: ‘‘CREDIT TO APPROPRIATIONS.—Con- tributions accepted in a fiscal year under subsection (a) shall be credited to appropriations of the Department of Defense that are available for that fiscal year for the purposes for which the contributions are made. The contributions so credited shall be— ‘‘(1) merged with the appropriations to which they are credited; and ‘‘(2) available for the same time period as those ap- propriations.’’ Subsec. (d). Pub. L. 104–106, § 1331(b), substituted ‘‘placed in an account established under subsection (b)’’ for ‘‘credited under subsection (b) to an appropriation account of the Department of Defense’’. Subsec. (e)(1). Pub. L. 104–106, § 1331(c)(1), substituted ‘‘to the congressional committees specified in sub- section (g) a report’’ for ‘‘a report to the congressional defense committees’’. Subsec. (g). Pub. L. 104–106, § 1331(c)(2), added subsec. (g). 1994—Subsec. (a). Pub. L. 103–337, § 1070(a)(10)(A), in- serted a comma after second reference to ‘‘Secretary of State’’. Subsec. (f). Pub. L. 103–337, § 1070(a)(10)(B), struck out ‘‘the’’ before ‘‘Congress’’ in introductory provisions. Statutory Notes and Related Subsidiaries TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS FOR CERTAIN CONSTRUCTION, MAINTE- NANCE, AND REPAIR PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND KUWAIT MILI- TARY FORCES Pub. L. 114–92, div. B, title XXVIII, § 2804, Nov. 25, 2015, 129 Stat. 1170, as amended by Pub. L. 114–328, div. B, title XXVIII, § 2807, Dec. 23, 2016, 130 Stat. 2715, pro- vided that: ‘‘(a) AUTHORITY TO ACCEPT CONTRIBUTIONS.—The Sec- retary of Defense, after consultation with the Sec- retary of State, may accept cash contributions from the government of Kuwait for the purpose of paying for the costs of construction (including military construc- tion not otherwise authorized by law), maintenance, and repair projects mutually beneficial to the Depart- ment of Defense and Kuwait military forces. ‘‘(b) ACCOUNTING.—Contributions accepted under sub- section (a) shall be placed in an account established by the Secretary of Defense and shall remain available until expended as provided in such subsection. ‘‘(c) PROHIBITION ON USE OF CONTRIBUTIONS TO OFFSET BURDEN SHARING CONTRIBUTIONS.—Contributions ac- cepted under subsection (a) may not be used to offset any burden sharing contributions made by the govern- ment of Kuwait. ‘‘(d) NOTICE.—When a decision is made to carry out a project using contributions accepted under subsection (a) and the estimated cost of the project will exceed the thresholds prescribed by section 2805 of title 10, United States Code, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on For- eign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives written notice of decision, the justification for the project, and the estimated cost of the project. ‘‘(e) MUTUALLY BENEFICIAL DEFINED.—A project de- scribed in subsection (a) shall be considered to be ‘mu- tually beneficial’ if— ‘‘(1) the project is in support of a bilateral defense cooperation agreement between the United States and the government of Kuwait; or 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.