Sec. 2863. TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS FOR CERTAIN DESIGN AND CONSTRUCTION PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND THE REPUBLIC OF KOREA

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## SEC. 2863 TEMPORARY AUTHORITY FOR ACCEPTANCE AND USE OF CONTRIBUTIONS FOR CERTAIN DESIGN AND CONSTRUCTION PROJECTS MUTUALLY BENEFICIAL TO THE DEPARTMENT OF DEFENSE AND THE REPUBLIC OF KOREA ###

(a)Acceptance of Contributions ####

(1)In general The Secretary concerned may accept contributions from the Republic of Korea to carry out the following: #####

(A)The design and construction of the Black Hat Intelligence Fusion Center, Camp Humphreys, Republic of Korea. #####

(B)The design and construction of the Korean Air and Space Operations and Intelligence Center, Osan Air Base, Republic of Korea. ####

(2)Cost-sharing agreement In the event the contribution under paragraph

(1)is insufficient to cover the entire cost of the activity authorized under that paragraph, the Secretary concerned shall enter into a cost-sharing agreement with the Republic of Korea detailing the portion of the authorized activity that is to be funded with the contribution and identifying sufficient other funds to undertake the entire authorized activity. ####

(3)Method of contribution Contributions may be accepted under this subsection in any of the forms referred to in section 2350k(c) of title 10, United States Code. ###

(b)Establishment of Account Cash contributions accepted under subsection

(a)shall be placed in an account established by the Secretary concerned and shall remain available until expended as provided in such subsection. ###

(c)Notice ####

(1)In general Not later than 14 days before carrying out a project using contributions accepted under subsection

(a)for which the estimated cost of the project will exceed the thresholds prescribed by section 2805 of title 10, United States Code, the Secretary concerned shall submit to the congressional defense committees, the Committee on Foreign Relations of the Senate, and the Committee on Foreign Affairs of the House of Representatives— #####

(A)a written notice of the decision to carry out the project; #####

(B)a justification for the project; and #####

(C)the estimated cost of the project. ####

(2)Notice for projects that require cost sharing Not later than 14 days before carrying out a project using contributions accepted under subsection

(a)for which a cost-sharing agreement is entered into under paragraph

(2)of such subsection, the Secretary concerned shall submit to the congressional defense committees in an electronic medium pursuant to section 480 of title 10, United States Code— #####

(A)a written notice of the acceptance of the contributions for the project; #####

(B)a copy of the Department of Defense Form 1391 for the project; #####

(C)the estimated cost of the project; and #####

(D)details on the cost-sharing agreement with the Republic of Korea. ###

(d)Expiration of Project Authority ####

(1)In general The authority to accept contributions and carry out projects under this section expires on September 30, 2030. ####

(2)Continuation of projects The expiration of authority under paragraph

(1)does not prevent the continuation of any project commenced before the date specified in that paragraph. ###

(e)Mutually Beneficial 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 Republic of Korea; or ####

(2)the Secretary concerned determines that the United States may derive a benefit from the project, including— #####

(A)access to and use of facilities of the military forces of the Republic of Korea; #####

(B)ability or capacity for future force posture; and #####

(C)increased interoperability between military forces of the Department of Defense and the Republic of Korea. ###

(f)Secretary Concerned Defined In this section, the term “Secretary concerned” has the meaning given that term in section 101(9) of title 10, United States Code.