Title 10 — Armed ForcesRelease 119-73
§2350j Burden sharing contributions by designated countries and regional organizations
Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 138— - COOPERATIVE AGREEMENTS WITH NATO ALLIES AND OTHER COUNTRIES › Subchapter SUBCHAPTER II— - OTHER COOPERATIVE AGREEMENTS › § 2350j
Summary
The Secretary of Defense can accept cash gifts from countries or regional groups that the Secretary, after talking with the Secretary of State, names for this purpose. If the gift is not for security aid, it can be in U.S. dollars or in the donor’s or host country’s money. The Secretary must put each donor’s money in its own account and keep it until it is spent. The money can only pay four kinds of costs: pay for local national employees, military construction projects, supplies and services, and other logistical or operational support for U.S. forces deployed or rotating in NATO countries. The Defense Secretary or a military department (with the Secretary’s OK) may use the money for construction projects. Before starting such a project, the Secretary must send the congressional defense committees a report with the need, cost estimate, and reason and then wait 14 days after sending it electronically. If there is a declaration of war or a national emergency, the project may start sooner but the Secretary must still notify the committees and give a cost estimate. By January 15 each year the Secretary must report to specified Senate and House committees listing donors, purposes, agreements and dates, amounts given and remaining, spending by category, and other relevant facts. “Other logistical and operational support” means costs like fuel, transport, force protection (including cyber), training ammo, utilities, medical and maintenance services, and upkeep of equipment and stocks, but it does not include pay or allowances for U.S. service members.
Full Legal Text
Title 10, §2350j
Armed Forces — Source: USLM XML via OLRC
(a)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)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)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)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)(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)(1)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)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)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)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
Notes & Related Subsidiaries
Editorial Notes
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 (§ 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, Dec. 5, 1991, 105 Stat. 1465, as amended by Pub. L. 102–484, div. A, title XIII, § 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 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).
Amendments
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, Nov. 25, 2015, 129 Stat. 1170, as amended by Pub. L. 114–328, div. B, title XXVIII, § 2807, Dec. 23, 2016, 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 September 30, 2030. The expiration of the authority does not prevent the continuation of any project commenced before that date.”
Reference
Citations & Metadata
Citation
10 U.S.C. § 2350j
Title 10 — Armed Forces
Last Updated
Apr 6, 2026
Release point: 119-73