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

Summary

The Secretary of Defense may accept when the United States is named the Host Nation to carry out a NATO Security Investment Program project and then run that project. The Secretary can pay for the project with (1) contributions from NATO and its member nations, (2) Department of Defense appropriations for the Program when NATO directs that some DoD funds count as the U.S. share, or (3) a mix of those two. Contributions must go into a special account for that project and stay available until spent. If contributions reimburse a project already finished, the money goes back to the appropriations used for that project if those appropriations have not expired, or to the Program appropriations if they have expired; the reimbursed funds keep the same rules and time limits as the appropriations they credit. The Defense Department official in charge of construction can treat NATO project authorizations as budget resources to make obligations for the work. If NATO does not cover all needed costs — including the construction agent’s personnel, contract claims, or extra funding needs beyond NATO authorization or standards — the Secretary may use any unobligated military construction funds from the Program to finish the project if doing so is in the U.S. national interest. Those Program funds can be used in addition to or instead of other funding sources. "Authorized expenditures" means 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].”

§2350q Execution of Projects Under the North Atlantic Treaty Organization Security Investment Program