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Title 10 — Armed Forces

Part IV · Chapter 138 — Cooperative Agreements with Nato Allies and Other Countries

§ 2350j. Burden sharing contributions by designated countries and regional organizations

Statutory text

(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 another country or 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 in the host nation or another country.

(2)

Military construction projects of the Department of Defense in the host nation or another country.

(3)

Supplies and services of the Department of Defense in the host nation or another country.

(4)

Other logistical and operational support for the armed forces in a deployed or rotational status in a country that is a member of the North Atlantic Treaty Organization.

(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—

(i)

local national employees;

(ii)

military construction projects;

(iii)

supplies and services of the Department of Defense; and

(iv)

other logistical and operational support for the armed forces in a deployed or rotational status in a country that is a member of the North Atlantic Treaty Organization.

(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.

(g)

Other Logistical and Operational Support for the Armed Forces Defined.—

In this section, the term “other logistical and operational support for the armed forces”—

(1)

means the reasonable and proper costs of the armed forces for fuel, transportation, force protection (including cyber protection), training ammunition, utilities, and medical and maintenance services, including services required to maintain infrastructure, pre-positioned stocks, and equipment in good working order; and

(2)

does not include pay, allowances, and other normal benefits to which members of the United States armed forces are entitled.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 103–160 div. A title XIV § 1402(a) · 107 Stat. 1547

    Enacted · 10 U.S.C. § 2350j

    Added Pub. L. 103–160, div. A, title XIV, § 1402(a), Nov. 30, 1993, 107 Stat. 1825

    Source evidence

    Code source credit
    Added Pub. L. 103–160, div. A, title XIV, § 1402(a), Nov. 30, 1993, 107 Stat. 1825

    Enacted provision · exact public law section
    (a) In General.— Subchapter II of chapter 138 of title 10, United States Code, is amended by adding at the end a new section 2350j consisting of— (1) a heading as follows: “§ 2350j. Burden sharing contributions by designated countries and regional organizations”; and (2) a text consisting of the text of section 1045 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102–190; 105 Stat. 1465), revised— (A) in subsection (a)— (i) by replacing “During fiscal years 1992 and 1993, the Secretary” with “The Secretary”; (ii) by inserting after consultation with the Secretary of State,” after “Secretary of Defense”; (iii) by deleting “from Japan, Kuwait, and the Republic of Korea”; and (iv) by inserting “from any country or regional organization designated for purposes of this section by the Secretary of Defense, in consultation with the Secretary of State”; and (B) in subsection (f)— (i) by replacing “each quarter of fiscal years 1992 and 1993” with “each fiscal year”; (ii) by replacing “congressional defense committees” with “Congress”; (iii) by striking out “Japan, Kuwait, and the Republic of Korea” and inserting in lieu thereof “each country and regional organization from which contributions have been accepted by the Secretary under subsection (a)”; and (iv) by replacing “the preceding quarter” in paragraphs (1) and (2) with “the preceding fiscal year”.

  2. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 1070(a)(10)(A) · 108 Stat. 2663

    Inserted · 10 U.S.C. § 2350j(a)

    Pub. L. 103–337, § 1070(a)(10)(A), inserted a comma after second reference to “Secretary of State”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–337, § 1070(a)(10)(A), inserted a comma after second reference to “Secretary of State”.

    Enacted provision · exact public law section
    (A) in subsection (a), by inserting a comma after “Secretary of State” the second place it appears; and

  3. National Defense Authorization Act for Fiscal Year 1995

    Pub. L. 103–337 § 1070(a)(10)(B) · 108 Stat. 2663

    Struck · 10 U.S.C. § 2350j(f)

    Pub. L. 103–337, § 1070(a)(10)(B), struck out “the” before “Congress” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–337, § 1070(a)(10)(B), struck out “the” before “Congress” in introductory provisions.

    Enacted provision · exact public law section
    (B) in subsection (f), by striking out “the” after “shall submit to”.

  4. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1331(a) · 110 Stat. 186

    Amended · 10 U.S.C. § 2350j(b)

    Pub. L. 104–106, § 1331(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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—

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–106, § 1331(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

    Enacted provision · exact public law section
    (a) Authority To Manage Contributions in Local Currency, Etc.— Subsection (b) of section 2350j of title 10, United States Code, is amended to read as follows: “(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).”.

  5. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1331(b) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2350j(d)

    Pub. L. 104–106, § 1331(b), substituted “placed in an account established under subsection (b)” for “credited under subsection (b) to an appropriation account of the Department of Defense”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–106, § 1331(b), substituted “placed in an account established under subsection (b)” for “credited under subsection (b) to an appropriation account of the Department of Defense”.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Subsection (d) of such section is amended by striking out “credited under subsection (b) to an appropriation account of the Department of Defense” and inserting in lieu thereof “placed in an account established under subsection (b)”.

  6. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1331(c)(1) · 110 Stat. 186

    Substituted · 10 U.S.C. § 2350j(e)(1)

    Pub. L. 104–106, § 1331(c)(1), substituted “to the congressional committees specified in subsection (g) a report” for “a report to the congressional defense committees”

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 104–106, § 1331(c)(1), substituted “to the congressional committees specified in subsection (g) a report” for “a report to the congressional defense committees”.

    Enacted provision · exact public law section
    (1) in subsection (e)(1), by striking out “a report to the congressional defense committees” and inserting in lieu thereof “to the congressional committees specified in subsection (g) a report”; and

  7. National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 1331(c)(2) · 110 Stat. 186

    Added · 10 U.S.C. § 2350j(g)

    Pub. L. 104–106, § 1331(c)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 104–106, § 1331(c)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) by adding at the end the following new subsection: “(g) Congressional Committees.— The congressional committees referred to in subsection (e)(1) are— “(1) the Committee on Armed Services and the Committee on Appropriations of the Senate; and “(2) the Committee on National Security and the Committee on Appropriations of the House of Representatives.”.

  8. Pub. L. 106–65 § 2801(a) · 113 Stat. 512

    Added · 10 U.S.C. § 2350j(e)(3)

    Pub. L. 106–65, § 2801(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 106–65, § 2801(a), added par. (3).

    Enacted provision · exact public law section
    (a) Exemption.— Subsection (e) of section 2350j of title 10, United States Code, is amended by adding at the end the following new paragraph: “(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.”.

  9. Pub. L. 106–65 § 2801(b) · 113 Stat. 512

    Substituted · 10 U.S.C. § 2350j(g)

    Pub. L. 106–65, § 2801(b), substituted “subsection (e)” for “subsection (e)(1)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–65, § 2801(b), substituted “subsection (e)” for “subsection (e)(1)” in introductory provisions.

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Subsection (g) of such section is amended by striking “subsection (e)(1)” and inserting “subsection (e)”.

  10. Pub. L. 106–65 § 1067(1) · 113 Stat. 512

    Substituted · 10 U.S.C. § 2350j(g)(2)

    Pub. L. 106–65, § 1067(1), substituted “Committee on Armed Services” for “Committee on National Security”

    Source evidence

    Code amendment note
    Subsec. (g)(2). Pub. L. 106–65, § 1067(1), substituted “Committee on Armed Services” for “Committee on National Security”.

    Enacted provision · exact public law section
    (1) Title 10, United States Code.

  11. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1043(b)(12)(A) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2350j(e)(1)

    Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(1). Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsection (e), by striking “congressional committees specified in subsection (g)” in paragraphs (1) and (3) and inserting “congressional defense committees”; and

  12. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1031(a)(18) · 117 Stat. 1392

    Inserted · 10 U.S.C. § 2350j(e)(2)

    Pub. L. 108–136, § 1031(a)(18), inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title”

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 108–136, § 1031(a)(18), inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title”.

    Enacted provision · exact public law section
    (18) Section 2350j(e)(2) is amended by inserting before the period the following: “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title”.

  13. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1043(b)(12)(A) · 117 Stat. 1392

    Substituted · 10 U.S.C. § 2350j(e)(3)(B)

    Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e)(3)(B). Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions.

    Enacted provision · exact public law section
    (A) in subsection (e), by striking “congressional committees specified in subsection (g)” in paragraphs (1) and (3) and inserting “congressional defense committees”; and

  14. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1043(b)(12)(B) · 117 Stat. 1392

    Struck · 10 U.S.C. § 2350j(g)

    Pub. L. 108–136, § 1043(b)(12)(B), struck out subsec. (g) which listed the congressional committees referred to in subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 108–136, § 1043(b)(12)(B), struck out subsec. (g) which listed the congressional committees referred to in subsec. (e).

    Enacted provision · exact public law section
    (B) by striking subsection (g).

  15. Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2801(f)(2) · 131 Stat. 1283

    Struck · 10 U.S.C. § 2350j(e)(2)

    Pub. L. 115–91, § 2801(f)(2), which directed striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”, was executed by striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided” after “regarding the project”, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e)(2). Pub. L. 115–91, § 2801(f)(2), which directed striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”, was executed by striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided” after “regarding the project”, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (2) by striking “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”.

  16. Military Construction Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 2801(f)(1) · 131 Stat. 1283

    Substituted · 10 U.S.C. § 2350j(e)(2)

    Pub. L. 115–91, § 2801(f)(1), substituted “14-day period” for “21-day period”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 115–91, § 2801(f)(1), substituted “14-day period” for “21-day period”.

    Enacted provision · exact public law section
    (1) by striking “21-day period” and inserting “14-day period”; and

  17. National Defense Authorization Act for Fiscal Year 2018

    Pub. L. 115–91 § 1051(a)(15) · 131 Stat. 1283

    Struck · 10 U.S.C. § 2350j(f)

    Pub. L. 115–91, § 1051(a)(15), struck out subsec. (f). Text read as follows: “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)—

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 115–91, § 1051(a)(15), struck out subsec. (f). Text read as follows: “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.”

    Enacted provision · exact public law section
    (15) Burden sharing contributions report.— Section 2350j is amended by striking subsection (f).

  18. William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 div. A title XII § 1299B · 134 Stat. 3388

    Added · 10 U.S.C. § 2350j(f)

    Pub. L. 116–283 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–283 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED COUNTRIES.   Section 2350j of title 10, United States Code, is amended by adding at the end the following new subsection: “(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.” .

  19. Pub. L. 119–60 § 1246(1) · 139 Stat. 1105

    Inserted · 10 U.S.C. § 2350j(b)

    Pub. L. 119–60, § 1246(1), inserted “another country or” before “a regional organization”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 119–60, § 1246(1), inserted “another country or” before “a regional organization”.

  20. Pub. L. 119–60 § 1246(2)(A) · 139 Stat. 1105

    Inserted · 10 U.S.C. § 2350j(c)(1)(3)

    Pub. L. 119–60, § 1246(2)(A)–(C), inserted “in the host nation or another country” before period at end

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(1) to (3). Pub. L. 119–60, § 1246(2)(A)–(C), inserted “in the host nation or another country” before period at end.

  21. Pub. L. 119–60 § 1246(2)(D) · 139 Stat. 1105

    Added · 10 U.S.C. § 2350j(c)(4)

    Pub. L. 119–60, § 1246(2)(D), added par. (4)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 119–60, § 1246(2)(D), added par. (4).

  22. Pub. L. 119–60 § 1246(3) · 139 Stat. 1105

    Amended · 10 U.S.C. § 2350j(f)(2)(E)

    Pub. L. 119–60, § 1246(3), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “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.”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (f)(2)(E). Pub. L. 119–60, § 1246(3), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “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.”

  23. Pub. L. 119–60 § 1246(4) · 139 Stat. 1105

    Added · 10 U.S.C. § 2350j(g)

    Pub. L. 119–60, § 1246(4), added subsec. (g)

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 119–60, § 1246(4), added subsec. (g).

18 of 23 references resolved to an enrolled provision · 5 unresolved

Editorial Notes

References in Text

The National Emergencies Act, referred to in subsec. (e)(3), is Pub. L. 94–412, , 90 Stat. 1255, as amended, which is classified principally to chapter 34 (§ 1601 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1601 of Title 50 and Tables.

Codification

Section, as added by Pub. L. 103–160, consists of text of Pub. L. 102–190, div. A, title X, § 1045, , 105 Stat. 1465, as amended by Pub. L. 102–484, div. A, title XIII, § 1305(a), (b), , 106 Stat. 2546, and revised by Pub. L. 103–160, in subsec. (a), by substituting “The Secretary” for “During fiscal years 1992 and 1993, the Secretary”, inserting “, after consultation with the Secretary of State,” after “Secretary of Defense”, and substituting “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 “from Japan, Kuwait, and the Republic of Korea”, and in former subsec. (f), by substituting “each fiscal year” for “each quarter of fiscal years 1992 and 1993”, “Congress” for “congressional defense committees”, “each country and regional organization from which contributions have been accepted by the Secretary under subsection (a)” for “Japan, Kuwait, and the Republic of Korea”, and “the preceding fiscal year” for “the preceding quarter” in pars. (1) and (2).

Amendments1994–2025 · 7 rounds

2025

Subsec. (b). Pub. L. 119–60, § 1246(1), inserted “another country or” before “a regional organization”.

Subsec. (c)(1) to (3). Pub. L. 119–60, § 1246(2)(A)–(C), inserted “in the host nation or another country” before period at end.

Subsec. (c)(4). Pub. L. 119–60, § 1246(2)(D), added par. (4).

Subsec. (f)(2)(E). Pub. L. 119–60, § 1246(3), amended subpar. (E) generally. Prior to amendment, subpar. (E) read as follows: “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.”

Subsec. (g). Pub. L. 119–60, § 1246(4), added subsec. (g).

2021

Subsec. (f). Pub. L. 116–283 added subsec. (f).

2017

Subsec. (e)(2). Pub. L. 115–91, § 2801(f)(2), which directed striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of the report is provided”, was executed by striking out “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided” after “regarding the project”, to reflect the probable intent of Congress.

Pub. L. 115–91, § 2801(f)(1), substituted “14-day period” for “21-day period”.

Subsec. (f). Pub. L. 115–91, § 1051(a)(15), struck out subsec. (f). Text read as follows: “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.”

2003

Subsec. (e)(1). Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions.

Subsec. (e)(2). Pub. L. 108–136, § 1031(a)(18), inserted before period at end “or, if earlier, the end of the 14-day period beginning on the date on which a copy of that report is provided in an electronic medium pursuant to section 480 of this title”.

Subsec. (e)(3)(B). Pub. L. 108–136, § 1043(b)(12)(A), substituted “congressional defense committees” for “congressional committees specified in subsection (g)” in introductory provisions.

Subsec. (g). Pub. L. 108–136, § 1043(b)(12)(B), struck out subsec. (g) which listed the congressional committees referred to in subsec. (e).

1999

Subsec. (e)(3). Pub. L. 106–65, § 2801(a), added par. (3).

Subsec. (g). Pub. L. 106–65, § 2801(b), substituted “subsection (e)” for “subsection (e)(1)” in introductory provisions.

Subsec. (g)(2). Pub. L. 106–65, § 1067(1), substituted “Committee on Armed Services” for “Committee on National Security”.

1996

Subsec. (b). Pub. L. 104–106, § 1331(a), amended subsec. (b) generally. Prior to amendment, subsec. (b) read as follows: “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.”

Subsec. (d). Pub. L. 104–106, § 1331(b), substituted “placed in an account established under subsection (b)” for “credited under subsection (b) to an appropriation account of the Department of Defense”.

Subsec. (e)(1). Pub. L. 104–106, § 1331(c)(1), substituted “to the congressional committees specified in subsection (g) a report” for “a report to the congressional defense committees”.

Subsec. (g). Pub. L. 104–106, § 1331(c)(2), added subsec. (g).

1994

Subsec. (a). Pub. L. 103–337, § 1070(a)(10)(A), inserted a comma after second reference to “Secretary of State”.

Subsec. (f). Pub. L. 103–337, § 1070(a)(10)(B), struck out “the” before “Congress” in introductory provisions.

Statutory Notes and Related Subsidiaries

Temporary Authority for Acceptance and Use of Contributions for Certain Construction, Maintenance, and Repair Projects Mutually Beneficial to the Department of Defense and Kuwait Military Forces

Pub. L. 114–92, div. B, title XXVIII, § 2804, , 129 Stat. 1170, as amended by Pub. L. 114–328, div. B, title XXVIII, § 2807, , 130 Stat. 2715, provided that:

“(a)

Authority To Accept Contributions.—

The Secretary of Defense, after consultation with the Secretary of State, may accept cash contributions from the government of Kuwait for the purpose of paying for the costs of construction (including military construction not otherwise authorized by law), maintenance, and repair projects mutually beneficial to the Department of Defense and Kuwait military forces.

“(b)

Accounting.—

Contributions accepted under subsection (a) shall be placed in an account established by the Secretary of Defense and shall remain available until expended as provided in such subsection.

“(c)

Prohibition on Use of Contributions To Offset Burden Sharing Contributions.—

Contributions accepted under subsection (a) may not be used to offset any burden sharing contributions made by the government of Kuwait.

“(d)

Notice.—

When a decision is made to carry out a project using contributions accepted under subsection (a) and the estimated cost of the project will exceed the thresholds prescribed by section 2805 of title 10, United States Code, the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives written notice of decision, the justification for the project, and the estimated cost of the project.

“(e)

Mutually Beneficial Defined.—

A project described in subsection (a) shall be considered to be ‘mutually beneficial’ if—

“(1)

the project is in support of a bilateral defense cooperation agreement between the United States and the government of Kuwait; or

“(2)

the Secretary of Defense determines that the United States may derive a benefit from the project, including—

“(A)

access to and use of facilities of the Kuwait military forces;

“(B)

ability or capacity for future force posture; and

“(C)

increased interoperability between the Department of Defense and Kuwait military forces.

“(f)

Expiration of Project Authority.—

The authority to carry out projects under this section expires on . The expiration of the authority does not prevent the continuation of any project commenced before that date.”

Credits

1993–2025 · 8 acts
  1. 1993Added Pub. L. 103–160, div. A, title XIV, § 1402(a), , 107 Stat. 1825
  2. 1994amended Pub. L. 103–337, div. A, title X, § 1070(a)(10), , 108 Stat. 2856
  3. 1996Pub. L. 104–106, div. A, title XIII, § 1331, , 110 Stat. 482
  4. 1999Pub. L. 106–65, div. A, title X, § 1067(1), div. B, title XXVIII, § 2801, , 113 Stat. 774, 845
  5. 2003Pub. L. 108–136, div. A, title X, §§ 1031(a)(18), 1043(b)(12), , 117 Stat. 1597, 1611
  6. 2017Pub. L. 115–91, div. A, title X, § 1051(a)(15), div. B, title XXVIII, § 2801(f), , 131 Stat. 1561, 1845
  7. 2021Pub. L. 116–283, div. A, title XII, § 1299B, , 134 Stat. 3998
  8. 2025Pub. L. 119–60, div. A, title XII, § 1246, , 139 Stat. 1105.
Show as published

(Added Pub. L. 103–160, div. A, title XIV, § 1402(a), , 107 Stat. 1825; amended Pub. L. 103–337, div. A, title X, § 1070(a)(10), , 108 Stat. 2856; Pub. L. 104–106, div. A, title XIII, § 1331, , 110 Stat. 482; Pub. L. 106–65, div. A, title X, § 1067(1), div. B, title XXVIII, § 2801, , 113 Stat. 774, 845; Pub. L. 108–136, div. A, title X, §§ 1031(a)(18), 1043(b)(12), , 117 Stat. 1597, 1611; Pub. L. 115–91, div. A, title X, § 1051(a)(15), div. B, title XXVIII, § 2801(f), , 131 Stat. 1561, 1845; Pub. L. 116–283, div. A, title XII, § 1299B, , 134 Stat. 3998; Pub. L. 119–60, div. A, title XII, § 1246, , 139 Stat. 1105.)

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