---
kind: "section"
citation: "10 U.S.C. § 2350l"
title: "10"
title_heading: "Armed Forces"
number: "2350l"
heading: "Cooperative agreements for reciprocal use of test facilities: foreign countries and international organizations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/2350l"
units:
  - "Subtitle A — General Military Law"
  - "Part IV — Service, Supply, and Property"
  - "Chapter 138 — Cooperative Agreements with Nato Allies and Other Countries"
  - "Subchapter II — Other Cooperative Agreements"
---

# §2350l. Cooperative agreements for reciprocal use of test facilities: foreign countries and international organizations

- (a) **Authority.—** The [Secretary](/usc/10/4951.md?p=3) 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](/usc/10/101.md?p=a-1) using test [facilities](/usc/10/2700.md?p=2) of that country or organization, and (2) by that country or organization using test [facilities](/usc/10/2700.md?p=2) of the [United States](/usc/10/101.md?p=a-1).
- (b) **Payment of Costs.—** A memorandum or other agreement under [subsection (a)](#a) shall provide that, when a party to the agreement uses a test [facility](/usc/10/2700.md?p=2) of another party to the agreement, the party using the test [facility](/usc/10/2700.md?p=2) is charged by the party providing the test [facility](/usc/10/2700.md?p=2) 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](/usc/10/101.md?p=b-1), employees, or governmental [agencies](/usc/10/3451.md?p=3).
  - (2) The user party may also be charged indirect costs relating to the use of the test [facility](/usc/10/2700.md?p=2), but only to the extent specified in the memorandum or other agreement.
- (c) **Determination of Indirect Costs; Delegation of Authority.—**
  - (1) The [Secretary](/usc/10/4951.md?p=3) of Defense shall determine the appropriateness of the amount of indirect costs charged by the [United States](/usc/10/101.md?p=a-1) pursuant to [subsection (b)(2)](#b-2).
  - (2) The [Secretary](/usc/10/4951.md?p=3) may delegate the authority under [paragraph (1)](#c-1) only to the Deputy [Secretary](/usc/10/4951.md?p=3) of Defense and to one other official of the [Department](/usc/10/101.md?p=a-6) of Defense.
- (d) **Retention of Funds Collected by the United States.—** Amounts collected by the [United States](/usc/10/101.md?p=a-1) from a party using a test [facility](/usc/10/2700.md?p=2) of the [United States](/usc/10/101.md?p=a-1) 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](/usc/10/101.md?p=a-1) in providing such test [facility](/usc/10/2700.md?p=2) were paid.
- (e) **Definitions.—** In this section:
  - (1) The term “direct cost”, with respect to the use of a test [facility](/usc/10/2700.md?p=2) pursuant to a memorandum or other agreement under [subsection (a)](#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](/usc/10/2700.md?p=2) 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](/usc/10/2700.md?p=2), utilities, equipment, [supplies](/usc/10/3011.md?p=8), and any other resources of the test [facility](/usc/10/2700.md?p=2) that are consumed or damaged in connection with—
      - (i) the use; or
      - (ii) the maintenance of the test [facility](/usc/10/2700.md?p=2) for purposes of the use.
  - (2) The term “indirect cost”, with respect to the use of a test [facility](/usc/10/2700.md?p=2) pursuant to a memorandum or other agreement under [subsection (a)](#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](/usc/10/2700.md?p=2) where the use occurred; and
    - (B) may include general and administrative expenses for such activities as supporting base operations, manufacturing, supervision, [procurement](/usc/10/3011.md?p=1) of office [supplies](/usc/10/3011.md?p=8), and utilities that are accumulated costs allocated among several users.
  - (3) The term “test [facility](/usc/10/2700.md?p=2)” means a [range](/usc/10/101.md?p=f-1) or other [facility](/usc/10/2700.md?p=2) at which testing of defense equipment may be carried out.

## Source credit

(Added Pub. L. 107–107, div. A, title XII, § 1213(a), Dec. 28, 2001, 115 Stat. 1250; amended Pub. L. 116–283, div. A, title XVIII, § 1844(b)(1), Jan. 1, 2021, 134 Stat. 4245; Pub. L. 117–81, div. A, title XVII, § 1701(u)(5)(B), Dec. 27, 2021, 135 Stat. 2154.)

## Notes

### 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 Amendment

Amendment 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.