§10432 Acceptance of Contributions in Support of Australia, United Kingdom, and United States Submarine Security Activities

Summary

The President may accept money from Australia to help with non‑nuclear AUKUS submarine security work. That money goes into a special Treasury account called the Submarine Security Activities Account and stays available until it is spent. The President can use the money for any lawful purpose that supports AUKUS submarine security, for military construction projects allowed by law and consistent with how the money was given, to grow the skilled submarine workforce at public and private shipyards, and to upgrade shipyard facilities, equipment, and infrastructure for repairing and maintaining submarines. No extra law is required to use the money for those purposes. Before any use, the President must give congressional committees and leaders a plan at least 30 days beforehand showing how much is in the account and exactly how the money will be spent. The President can move money to Department of Defense or Department of Energy appropriations (under the Atomic Energy Act) and can move money back if it is not needed. For military construction using these contributions, the President must notify Congress with a cost estimate and wait 21 days after Congress receives the notice (or 14 days after an electronic copy is provided) before obligating funds. At least 60 days before any transfer, the President must tell Congress which programs and activities will get the funds and say whether the funds will complement, supplement, or replace other appropriations. Each year by November 30, until one year after all funds are spent, the President must report amounts transferred in the prior fiscal year and their purposes. Within 30 days after Australia’s contributions are credited to the account, the President must also report the amount, intended use, and other administrative details. Reports must be unclassified but may include a classified annex. The account may be invested in U.S. government securities and any interest earned goes back into the account.