115 STAT. 1250 PUBLIC LAW 107-107—DEC. 28, 2001 (d) REVISION OF REQUIREMENT FOR ANNUAL REPORT ON ELIGIBLE COUNTRIES. —Subsection (f)(2) of such section is amended to read as follows: Deadline. "(2) Not later than January 1 of each year, the Secretary of Defense shall submit to the Committees on Armed Services and on Foreign Relations of the Senate and to the Committees on Armed Services and on International Relations of the House of Representatives a report specifying— "(A) the countries that are eligible to participate in a cooperative project agreement under this section; and "(B) the criteria used to determine the eligibility of such countries.". (e) CONFORMING AMENDMENTS. —(1) The heading of such section is amended to read as follows: "§ 2350a. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries'*. (2) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 138 of title 10, United States Code, is amended to read as follows: "2350a. Cooperative research and development agreements: NATO organizations; allied and friendly foreign countries.". SEC. 1213. COOPERATIVE AGREEMENTS WITH FOREIGN COUNTRIES AND INTERNATIONAL ORGANIZATIONS FOR RECIPROCAL USE OF TEST FACILITIES. (a) AUTHORITY. —Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end the following new section: "§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).
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