
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC2350j]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
CHAPTER 138--COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES
 
               SUBCHAPTER II--OTHER COOPERATIVE AGREEMENTS
 
Sec. 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 committees 
specified in subsection (g) 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 21-day period beginning on the date 
on which the Secretary of Defense submits the report under paragraph (1) 
regarding the project.
    (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.

    (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.

    (g) Congressional Committees.--The congressional committees referred 
to in subsection (e) are--
        (1) the Committee on Armed Services and the Committee on 
    Appropriations of the Senate; and
        (2) the Committee on Armed Services and the Committee on 
    Appropriations of the House of Representatives.

(Added Pub. L. 103-160, div. A, title XIV, Sec. 1402(a), Nov. 30, 1993, 
107 Stat. 1825; amended Pub. L. 103-337, div. A, title X, 
Sec. 1070(a)(10), Oct. 5, 1994, 108 Stat. 2856; Pub. L. 104-106, div. A, 
title XIII, Sec. 1331, Feb. 10, 1996, 110 Stat. 482; Pub. L. 106-65, 
div. A, title X, Sec. 1067(1), div. B, title XXVIII, Sec. 2801, Oct. 5, 
1999, 113 Stat. 774, 845.)

                       References in Text

    The National Emergencies Act, referred to in subsec. (e)(3), is Pub. 
L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is 
classified principally to chapter 34 (Sec. 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, Sec. 1045, Dec. 5, 1991, 105 Stat. 1465, as 
amended by Pub. L. 102-484, div. A, title XIII, Sec. 1305(a), (b), Oct. 
23, 1992, 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 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).


                               Amendments

    1999--Subsec. (e)(3). Pub. L. 106-65, Sec. 2801(a), added par. (3).
    Subsec. (g). Pub. L. 106-65, Sec. 2801(b), substituted ``subsection 
(e)'' for ``subsection (e)(1)'' in introductory provisions.
    Subsec. (g)(2). Pub. L. 106-65, Sec. 1067(1), substituted 
``Committee on Armed Services'' for ``Committee on National Security''.
    1996--Subsec. (b). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 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, Sec. 1331(c)(2), added subsec. (g).
    1994--Subsec. (a). Pub. L. 103-337, Sec. 1070(a)(10)(A), inserted a 
comma after second reference to ``Secretary of State''.
    Subsec. (f). Pub. L. 103-337, Sec. 1070(a)(10)(B), struck out 
``the'' before ``Congress'' in introductory provisions.
