Sec. 1208. ACCEPTANCE AND EXPENDITURE OF CONTRIBUTIONS FOR MULTILATERAL SECURITY COOPERATION PROGRAMS AND ACTIVITIES

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## SEC. 1208 ACCEPTANCE AND EXPENDITURE OF CONTRIBUTIONS FOR MULTILATERAL SECURITY COOPERATION PROGRAMS AND ACTIVITIES ###

(a)Authority To Accept and Expend Contributions The Secretary of Defense, with the concurrence of the Secretary of State, may accept, manage, and expend contributions, including funds and defense articles and defense services, from foreign governments for mutually agreed upon purposes to carry out security cooperation programs and activities of the Department of Defense authorized by— ####

(1)chapter 16 of title 10, United States Code; ####

(2)the Taiwan Security Cooperation Initiative authorized by section 1323; or ####

(3)section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068). ###

(b)Account Requirements ####

(1)Funds Contributions of funds accepted under subsection

(a)shall be placed in an account established for such purpose and shall remain available for the following 2 fiscal years for the mutually agreed upon purposes specified in subsection (a). ####

(2)Defense articles Contributions of defense articles accepted under subsection

(a)shall be placed in United States inventory. ####

(3)Separate country accounts The Secretary of Defense shall establish a separate sub-account for each country under the account established under paragraph (1). ####

(4)Compliance Such expenditures and provision of defense articles and services shall comply with the prohibitions and limitations, notice, reporting, and other requirements specified in such authorities or applicable statute. ###

(c)Previously Denied Funds Funds accepted or otherwise made available under subsection

(a)may not be expended, in whole or in part, for any purpose for which Congress has previously denied funds. ###

(d)Notification Required Not later than 48 hours after receiving a contribution under subsection (a), the Secretary of Defense shall provide to the appropriate committees of Congress a written notification that, at a minimum, includes an identification of the following: ####

(1)The foreign government making the contribution. ####

(2)The mutually agreed upon purpose for which the contribution is being made. ####

(3)The process and anticipated timeline for the use of such contribution under the authorities specified in subsection (a). ####

(4)Any other condition or limitation placed on the contribution by the foreign government making the contribution. ###

(e)Annual Report Not later than March 1, 2026, and March 1 of each year thereafter through 2030, the Secretary shall submit to the appropriate committees of Congress a report on any funds accepted or expended under this section during the preceding calendar year, including the following: ####

(1)An identification of the foreign government or governments involved from which contributions were received. ####

(2)For each foreign government— #####

(A)the amount of funds, equipment, or type of services provided by the foreign government; and #####

(B)the amount of any remaining unobligated balance or accepted equipment remaining in United States inventory. ####

(3)A description of the purpose of such contributions were provided. ####

(4)A description of any written agreement entered into with a country under this section, including the date on which the agreement was signed. ###

(f)Submission of Instruments ####

(1)In general Not later than 30 days after the signature, conclusion, or other finalization of any non-binding instrument related to the implementation of this section, the President shall submit to the appropriate committees of Congress the text of such agreement or instrument. ####

(2)Non-duplication of efforts; rule of construction To the extent the text of a non-binding instrument is submitted to the appropriate committees of Congress pursuant to paragraph (1), such text shall not be required to be submitted to Congress pursuant to section 112b(a)(1)(A)(ii) of title 1, United States Code. Paragraph

(1)may not be construed to relieve the executive branch of any other requirement of section 112b of title 1, United States Code, or any other provision of law. ####

(3)Definitions #####

(A)The term “text”, with respect to a non-binding instrument, includes— ######

(i)any annex, appendix, codicil, side agreement, side letter, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument; and ######

(ii)any implementing agreement or arrangement, or any document of similar purpose or function to the aforementioned, regardless of the title of the document, that is entered into contemporaneously and in conjunction with the non-binding instrument. #####

(B)The term “contemporaneously and in conjunction with”— ######

(i)shall be construed liberally; and ######

(ii)may not be interpreted to require any action to have occurred simultaneously or on the same day. ###

(g)Appropriate Committees of Congress Defined In this section, the term “**appropriate committees of Congress**” means— ####

(1)the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Relations of the Senate; and ####

(2)the Committee on Armed Services, the Committee on Appropriations, and the Committee on Foreign Affairs of the House of Representatives. ###

(h)Rule of Construction Nothing in this section may be construed as circumventing the applicable requirements of the Arms Export Control Act (22 U.S.C. 2751 et seq.). ###

(i)Termination The authority provided by this section shall terminate on December 31, 2029.

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