arrangement may agree upon, but in no case may final liquidation in the case of an arrangement be made later than 30 days after the end of the term for which the arrangement was entered into.

(2) Parties to an arrangement entered into under this section. shall annually reconcile accrued credits and liabilities accruing under such agreement. Any liability of the United States resulting from a reconciliation shall be charged against the applicable appropriation available to the Department of Defense (at the time of the reconciliation) for obligation for communications support and related supplies and services.

(3) Payments received by the United States shall be credited to the appropriation from which such communications support and related supplies and services have been provided.

(c) The Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives copies of all documents evidencing an arrangement entered into under subsection (a) not later than 45 days after entering into such an arrangement.

(d) In this section:

(1) The term "allied country" means

(A) a country that is a member of the North Atlantic Treaty Organization;

(B) Australia, New Zealand, Japan, or the Republic of Korea; or

(C) any other country designated as an allied country for purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.

(2) The term "allied international organization" means the North Atlantic Treaty Organization (NATO) or any other international organization designated as an allied international organization for the purposes of this section by the Secretary of Defense with the concurrence of the Secretary of State.

(Added as §2401a P.L. 98-525, § 1005(a), Oct. 19, 1984, 98 Stat. 2578, and amended P.L. 10026, §7(k)(3), April 21, 1987, 101 Stat. 284; transferred, redesignated as § 2350f, and amended P.L. 101-189, § 933(a)–(d), Nov. 29, 1989, 103 Stat. 1537; amended P.L. 101-510, § 1484(k)(8), Nov. 5, 1990, 104 Stat. 1719.)

§ 2350g. Authority to accept use of real property, services, and supplies from foreign countries in connection with mutual defense agreements and occupational arrangements

(a) AUTHORITY TO ACCEPT.-The Secretary of Defense may accept from a foreign country, for the support of any element of the armed forces in an area of that country

(1) real property or the use of real property and services and supplies for the United States or for the use of the United States in accordance with a mutual defense agreement or occupational arrangement; and

(2) services furnished as reciprocal international courtesies or as services customarily made available without charge. (b) QUARTERLY REPORTS.-(1) Not later than 30 days after the end of each quarter 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 include 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 supplies accepted by the Secretary during the quarter concerned; and

(B) components which, if assembled, would comprise all or a substantial part of an item of equipment or a facility.

(c) AUTHORITY TO USE PROPERTY, SERVICES, AND SUPPLIES.Property, services, or supplies referred to in subsection (a) may be used by the Secretary of Defense without specific authorization, except that such property, services, and supplies may not be used in connection with any program, project, or activity if the use of such property, services, or supplies would result in the violation of any prohibition or limitation otherwise applicable to that program, project, or activity.

(d) PERIODIC AUDITS BY GAO.-The Comptroller General of the United States shall make periodic audits of money and property accepted under this section, at such intervals as the Comptroller General determines to be warranted. The Comptroller General shall submit to Congress a report on the results of each such audit. (Added P.L. 101-510, 1451(b), Nov. 5, 1990, 104 Stat. 1692, and amended P.L. 103-160, §1105(a), Nov. 30, 1993, 107 Stat. 1749.)

§ 2350h. Memorandums of agreement: Department of Defense ombudsman for foreign signatories

The Secretary of Defense shall designate an official to act as ombudsman within the Department of Defense on behalf of foreign governments 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 governments in understanding and complying with procedures 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 agreement.

(Added P.L. 101-510, § 1452(a), Nov. 5, 1990, 104 Stat. 1693.)

§ 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 available to an appropriate military department or another appropriate organization within the Department of Defense, as determined by the Secretary 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 suppliers (including the Department of Defense and other participants acting as suppliers) for necessary articles and services.

(2) Payments for any damages and costs resulting 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 development, testing, evaluation, or joint production (including follow-on support) of defense articles;

(ii) the United States and another participant concurrently to produce in the United States and the country of such other participant a defense article jointly developed in a cooperative project described in clause (i); or

(iii) the United States to procure a defense article or a defense service from another participant in the cooperative project.

(2) The term "defense article" has the meaning 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 meaning given such term in section 47(4) of the Arms Export Control Act (22 U.S.C. 2794(4)).

(Added P.L. 102–190, § 1047(a), Dec. 5, 1991, 105 Stat. 1467.)

§ 2350j. Burden sharing contributions by designated 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 organization designated for purposes of this section by the Secretary of Defense, in consultation with the Secretary of State, for the purposes specified in subsection (c).

(b) CREDIT TO APPROPRIATIONS.-Contributions 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 appropriations.

(c) AVAILABILITY OF CONTRIBUTIONS.-Contributions accepted under subsection (a) shall be available only for the payment of the following costs:

(1) Compensation for local national employees of the Department of Defense.

(2) Military construction projects of the Department of Defense.

(3) Supplies and services of the Department of Defense. (d) AUTHORIZATION OF MILITARY CONSTRUCTION.-Contributions credited under subsection (b) to an appropriation account of the Department of Defense may be used

(1) by the Secretary of Defense to carry out a military construction project that is consistent with the purposes for which the contributions were made and is not otherwise authorized by law; or

(2) by the Secretary of a military department, 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 construction project under subsection (d), the Secretary of Defense shall submit a report to the congressional defense committees 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 21-day period beginning on the date on which the Secretary of Defense submits the report under paragraph (1) regarding 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.

(Added P.L. 103-160, §1402(a), Nov. 30, 1993, 107 Stat. 1825, and amended P.L. 103-337, $1070(a)(10), Oct. 5, 1994, 108 Stat. 2856.)

Sec.

2351.

2352.

2353.

2354.

CHAPTER 139-RESEARCH AND DEVELOPMENT

Availability of appropriations.

Contracts: notice to Congress required for contracts performed over period exceeding 10 years.

Contracts: acquisition, construction, or furnishing of test facilities and equipment.

Repealed.]

Repealed.]

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.]

Contracts: indemnification provisions.

[2355.

2356.

Contracts: delegations.

(2357.

2358.

[2359.

Research and development projects.
Repealed.]

2360.

2361.

[2362.

[2363.

2364.

[2365.

2366.

2367.

[2368.

[2369.

2370.

2370a.

2371.

2372.

2373. 2374.

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.]

Biological Defense Research Program.

Medical countermeasures against biowarfare threats: allocation of funding between near-term and other threats.

Research projects: transactions other than contracts and grants.

Independent research and development and bid and proposal costs: payments to contractors.

Procurement for experimental purposes.

Merit-based award of grants for research and development.

§ 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. Contracts: notice to Congress required for contracts performed over period exceeding 10 years

(a) REQUIREMENT.-The Secretary of a military department shall submit to Congress a notice described in subsection (b) with respect to a contract of that military department for services for research or development in any case in which—