subsection (d) until the end of the 21-day period beginning on the date on which the Secretary of Defense submits the report under paragraph (1) regarding the project. (3)(A) A military construction project under subsection (d) may be carried out without regard to the requirement in paragraph (1) and the limitation in paragraph (2) if the project is necessary to support the armed forces in the country or region in which the project is carried out by reason of a declaration of war, or a declaration 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 subparagraph (A), the Secretary of Defense shall submit to the congressional committees specified in subsection (g)(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) REPORTS.-Not later than 30 days after the end of each fiscal year, the Secretary of Defense shall submit to Congress a report specifying separately for each country and regional organization from which contributions have been accepted by the Secretary 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 contributions 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 expended. (g) CONGRESSIONAL COMMITTEES.-The congressional committees referred to in subsection (e) are (1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and (2) the Committee on Armed Services and the Committee on Appropriations of the House of Representatives. (Added P.L. 103-160, §1402(a), Nov. 30, 1993, 107 Stat. 1825; amended P.L. 103-337, § 1070(a)(10), Oct. 5, 1994, 108 Stat. 2856; P.L. 104-106, § 1331, Feb. 10, 1996, 110 Stat. 482; P.L. 106-65, §§ 1067(1), 2801, Oct. 5, 1999, 113 Stat. 774, 845.) § 2350k. Relocation within host nation of elements of armed forces overseas (a) AUTHORITY TO ACCEPT CONTRIBUTIONS.-The Secretary of Defense may accept contributions 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 contribution shall be placed in an account established for such purpose and shall remain available until expended for the purposes specified in subsection (b). The Secretary shall establish a separate account for such purpose for each country from which such contributions are accepted. (b) USE OF CONTRIBUTIONS.-The Secretary may use a contribution accepted under subsection (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, including development and review of statements of work, master plans and designs, acquisition of construction, and supervision and administration of contracts relating thereto. (2) Transportation and movement services, including packing, unpacking, storage, and transportation. (3) Communications services, including installation and deinstallation of communications equipment, transmission of messages and data, and rental of transmission capability. (4) Supply and administration, including acquisition of expendable office supplies, rental of office space, budgeting and accounting services, auditing services, secretarial services, and translation services. (5) Personnel costs, including salary, allowances 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 directly 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 financial institution acceptable to the Treasurer of the United States. (2) Drawing rights on a commercial bank account established and funded by the host nation, 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 separate trust fund in the United States Treasury pending expenditure and which shall accrue interest in accordance with section 9702 of title 31. (Added P.L. 104-106, § 1332(a)(1), Feb. 10, 1996, 110 Stat. 482; P.L. 107-314, § 1041(a)(11), Dec. 2, 2002, 116 Stat. 2645.) § 23501. 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 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) PAYMENT OF COSTS.-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) DETERMINATION OF INDIRECT COSTS; DELEGATION OF AUTHORITY.—(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) RETENTION OF FUNDS COLLECTED BY THE UNITED STATES.— 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) DEFINITIONS.-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. (Added P.L. 107-107, § 1213(a), Dec. 28, 2001, 115 Stat. 1250.) Sec. 2351. CHAPTER 139-RESEARCH AND DEVELOPMENT Availability of appropriations. Repealed.] Contracts: acquisition, construction, or furnishing of test facilities and equipment. Contracts: indemnification provisions. [2352. 2353. 2354. [2355. Repealed.] [2356. Repealed.] 2359. 2359a. 2359b. 2360. 2361. [2362. [2363. 2364. [2365. 2366. 2367. [2368. [2369. [2370. 2370a. 2371. 2371a. 2372. 2373. 2374. 2374a. 2374b. Research and development projects. Science and technology programs to be conducted so as to foster the transition of science and technology to higher levels of research, development, test, and evaluation. Technology Transition Initiative. Defense Acquisition Challenge Program. Research and development laboratories: contracts for services of university students. Award of grants and contracts to colleges and universities: requirement of competition. Repealed.] Repealed.] Coordination and communication of defense research activities. Repealed.] Major systems and munitions programs: survivability testing and lethality testing required before full-scale production. Use of federally funded research and development centers. Repealed.] Repealed.] Repealed.] Medical countermeasures against biowarfare threats: allocation of funding between near-term and other threats. Research projects: transactions other than contracts and grants. Cooperative research and development agreements under Stevenson- Independent research and development and bid and proposal costs: Procurement for experimental purposes. Merit-based award of grants for research and development. Prizes for advanced technology achievements. Prizes for achievements in promoting science, mathematics, engineering, or technology education. § 2351. Availability of appropriations (a) Funds appropriated to the Department of Defense for research and development remain available for obligation for a period of two consecutive years. (b) Funds appropriated to the Department of Defense for research and development may be used— (1) for the purposes of section 2353 of this title; and (2) for purposes related to research and development for which expenditures are specifically authorized in other appropriations for the Department of Defense. (Added as § 2361 P.L. 97-258, §2(b)(3)(B), Sept. 13, 1982, 96 Stat. 1052; transferred, redesignated as § 2351, and amended P.L. 100-370, § 1(g)(1), July 19, 1988, 102 Stat. 846.) [§ 2352. Repealed. P.L. 104-106, § 1062(c)(1), Feb. 10, 1996, 110 Stat. 444] § 2353. Contracts: acquisition, construction, or furnishing of test facilities and equipment (a) A contract of a military department for research or development, or both, may provide for the acquisition or construction by, or furnishing to, the contractor, of research, developmental, or test facilities and equipment that the Secretary of the military department concerned determines to be necessary for the performance of the contract. The facilities and equipment, and specialized housing for them, may be acquired or constructed at the expense of the United States, and may be lent or leased to the contractor with or without reimbursement, or may be sold to him at fair value. This subsection does not authorize new construction or improvements having general utility. (b) Facilities that would not be readily removable or separable without unreasonable expense or unreasonable loss of value may not be installed or constructed under this section on property not owned by the United States, unless the contract contains (1) a provision for reimbursing the United States for the fair value of the facilities at the completion or termination of the contract or within a reasonable time thereafter; (2) an option in the United States to acquire the underlying land; or (3) an alternative provision that the Secretary concerned considers to be adequate to protect the interests of the United States in the facilities. (c) Proceeds of sales or reimbursements under this section shall be paid into the Treasury as miscellaneous receipts, except to the extent otherwise authorized by law with respect to property acquired by the contractor. (Aug. 10, 1956, ch. 1041, 70A Stat. 134.) § 2354. Contracts: indemnification provisions (a) With the approval of the Secretary of the military department concerned, any contract of a military department for research or development, or both, may provide that the United States will indemnify the contractor against either or both of the following, but only to the extent that they arise out of the direct performance of the contract and to the extent not compensated by insurance or otherwise: (1) Claims (including reasonable expenses of litigation or settlement) by third persons, including employees of the contractor, for death, bodily injury, or loss of or damage to property, from a risk that the contract defines as unusually hazardous. (2) Loss of or damage to property of the contractor from a risk that the contract defines as unusually hazardous. (b) A contract, made under subsection (a), that provides for indemnification must also provide for (1) notice to the United States of any claim or suit against the contractor for the death, bodily injury, or loss of or damage to property; and |