(a) Authority to enter into agreements
Subject to paragraph (2), the Secretary of Defense may enter into one or more agreements with any person (including a foreign government, international organization, multinational entity, or any other entity) that the Secretary considers appropriate under which the person contributes funds for activities conducted under the Program.
(2) Concurrence by Secretary of State
The Secretary may enter into an agreement under paragraph (1) only with the concurrence of the Secretary of State.
(b) Retention and use of funds
Notwithstanding section 3302 of title 31 and subject to subsections (c) and (d), the Secretary of Defense may retain and obligate or expend funds contributed pursuant to subsection (a) for purposes of the Program. Funds so contributed shall be retained in a separate fund established in the Treasury for such purposes and shall be available to be obligated or expended without further appropriation.
(c) Return of funds not obligated or expended within three years
If the Secretary does not obligate or expend funds contributed pursuant to subsection (a) by the date that is three years after the date on which the contribution was made, the Secretary shall return the amount to the person who made the contribution.
(1) In general
Not later than 30 days after receiving funds contributed pursuant to subsection (a), the Secretary shall submit to the appropriate congressional committees a notice—
(A) specifying the value of the contribution and the purpose for which the contribution was made; and
(B) identifying the person who made the contribution.
(2) Limitation on use of amounts
The Secretary may not obligate funds contributed pursuant to subsection (a) until a period of 15 days elapses following the date on which the Secretary submits the notice under paragraph (1).
(e) Implementation plan
The Secretary shall submit to the congressional defense committees—
(1) an implementation plan for the authority provided under this section prior to obligating or expending any funds contributed pursuant to subsection (a); and
(2) any updates to such plan that the Secretary considers appropriate.
(f) Appropriate congressional committees defined
In this section, the term "appropriate congressional committees" means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.
2017—Subsecs. (e) to (g). Pub. L. 115–91 redesignated subsecs. (f) and (g) as (e) and (f), respectively, and struck out former subsec. (e) which required annual reports on contributions.