§2350q — Title 10 Armed Forces | U.S. Code

§2350q Execution of projects under the North Atlantic Treaty Organization Security Investment Program

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 › § 2350q

Last updated Apr 6, 2026|Official source

Summary

The Secretary of Defense can accept being the Host Nation and carry out projects under the NATO Security Investment Program. The Secretary may pay for those projects with NATO or member-country contributions, with Department of Defense program funds when NATO directs that some DOD funds count as the U.S. share, or with a mix of both. Money given for a specific project must go into an account for that project and stay there until spent. If NATO reimburses the U.S. for work already done, the money goes back to the same DOD account used for the work if it is still available; if not, it goes to the Program account and stays available for the same purpose and time. The DOD construction agent may treat NATO project authorizations as budget resources to obligate for the project. If NATO won’t pay all needed costs, and the Secretary finds finishing the project is in the national interest, the Secretary may use any unobligated Program military construction funds to cover the shortfall or extra requirements. Those funds can supplement or replace other funding. authorized expenditures — project costs NATO agreed to pay.

Title 10, §2350q

Armed Forces — Source: USLM XML via OLRC

(a)When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program (in this section referred to as the “Program”), the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section.

(b)The Secretary of Defense may fund authorized expenditures of projects accepted under subsection (a) with—

(1)contributions under subsection (c);

(2)appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program; or

(3)any combination of amounts described in paragraphs (1) and (2).

(c)(1)The Secretary of Defense may accept contributions from the North Atlantic Treaty Organization and member nations of the North Atlantic Treaty Organization for the purpose of carrying out a project under subsection (a).

(2)Contributions accepted under paragraph (1) shall be placed in an account established for the purpose of carrying out the project for which the funds were provided and shall remain available until expended.

(3)(A)If contributions are made under paragraph (1) as reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be credited to—

(i)the appropriations used for the project or portion thereof, if such appropriations have not yet expired; or

(ii)the appropriations for the Program, if the appropriations described in clause (i) have expired.

(B)Funding credited under subparagraph (A) shall merge with and remain available for the same purposes and duration as the appropriations to which credited.

(d)The construction agent of the Department of Defense designated by the Secretary of Defense to execute a project under subsection (a) may recognize the North Atlantic Treaty Organization project authorization amounts as budgetary resources to incur obligations against for the purposes of executing the project.

(e)(1)In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may fund such costs, and undertake such conjunctively funded requirements not otherwise authorized by law, using any unobligated funds available among funds appropriated for the Program for military construction.

(2)The use of funds under paragraph (1) from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used.

(f)In this section, the term “authorized expenditures” means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2021—Pub. L. 117–81 renumbered a second section 2350m of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 116–283, div. B, § 2003, Jan. 1, 2021, 134 Stat. 4295, provided that: “Titles XXI through XXVII and title XXIX [see Tables for classification] shall take effect on the later of— “(1) October 1, 2020; or “(2) the date of the enactment of this Act [Jan. 1, 2021].”