View all text of Subchapter II [§ 2350a - § 2350r]
§ 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)Accounting.—Contributions accepted under subsection (a) which are not related to security 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 established for such purpose and shall remain available 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.—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 placed in an account established under subsection (b) 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 to the congressional 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) regarding the project in an electronic medium pursuant to section 480 of this title.
(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 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 submit 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 received.
(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 designated country; and
(ii) the amount of any remaining unobligated 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 Defense considers relevant.
(3)Appropriate committees of congress defined.—In this subsection, the term “appropriate 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 Committee 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.)