Title 10, Armed ForcesRelease 119-102

§2806 Contributions for North Atlantic Treaty Organizations Security Investment

Title 10 › Subtitle A — General Military Law › PART IV — SERVICE, SUPPLY, AND PROPERTY › CHAPTER 169 — MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › SUBCHAPTER I — MILITARY CONSTRUCTION › § 2806

Last updated Aug 21, 2026|Official source

Summary

The Secretary of Defense can pay the U.S. share of NATO projects that build military facilities, international headquarters, and related defense work, but only when Congress has approved money for that program. Funds for the NATO Security Investment program cannot be used unless Congress has specifically authorized them. If money from one fiscal year is still available at year end and Congress has not authorized funds for the next year, no more than 50% of that year’s authorized amount will count as authorized for the next year. The Secretary may exceed the planned contribution if the extra does not go past 200% of the dollar limit named in section 2805(a) for a minor military construction project. If more is needed beyond that, the Secretary may go up to 125% of the amount appropriated only after sending electronic notice to the appropriate Congressional committees explaining the reason and funding source and waiting 14 days.

Full Legal Text

Title 10, §2806

Armed Forces, Source: USLM XML via OLRC

(a)Within amounts authorized by law for such purpose, the Secretary of Defense may make contributions for the United States share of the cost of multilateral programs for the acquisition and construction of military facilities and installations (including international military headquarters) and for related expenses for the collective defense of the North Atlantic Treaty Area.
(b)(1)Funds may not be obligated or expended in connection with the North Atlantic Treaty Organization Security Investment program in any year unless such funds have been authorized by law for such program.
(2)If any funds authorized for the North Atlantic Treaty Organization Security Investment program for a fiscal year are available to be obligated or expended at the end of that fiscal year and no funds have been authorized for the following fiscal year, not more than 50 percent of the amount authorized for the North Atlantic Treaty Organization Security Investment program for that fiscal year shall be deemed to be authorized by law for purposes of paragraph (1) for the following fiscal year.
(c)(1)The Secretary of Defense may make contributions in excess of the amount appropriated for contribution under subsection (a) if the amount of the contribution in excess of that amount does not exceed 200 percent of the amount specified by section 2805(a) of this title as the maximum amount for a minor military construction project.
(2)If the Secretary determines that the amount appropriated for contribution under subsection (a) in any fiscal year must be exceeded by more than the amount authorized under paragraph (1), the Secretary may make contributions in excess of such amount, but not in excess of 125 percent of the amount appropriated, only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the increase, including the reasons for the increase and the source of the funds to be used for the increase.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2024—Subsec. (b). Pub. L. 118–159 designated existing provisions as par. (1) and added par. (2). 2017—Subsec. (c)(1). Pub. L. 115–91, § 2801(a)(4)(A), inserted “of Defense” after “The Secretary”. Subsec. (c)(2). Pub. L. 115–91, § 2801(a)(4)(B), substituted “, only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress notice of the increase, including the reasons for the increase and the source of the funds to be used for the increase.” for “(A) after submitting a report in writing to the appropriate committees of Congress on such increase, including a statement of the reasons for the increase and a statement of the source of the funds to be used for the increase, and (B) after a period of 21 days has elapsed from the date of receipt of the report or, if earlier, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title.” 2011—Subsec. (c)(2)(B). Pub. L. 111–383 inserted before period at end “or, if earlier, a period of 14 days has elapsed from the date on which a copy of the report is provided in an electronic medium pursuant to section 480 of this title”. 2009—Subsec. (c)(1). Pub. L. 111–84 substituted “section 2805(a)” for “section 2805(a)(2)”. 1996—Pub. L. 104–201, § 2802(c)(1), substituted “Organizations Security Investment” for “Organization Infrastructure” in section catchline. Subsec. (b). Pub. L. 104–201, § 2802(a), substituted “Security Investment program” for “Infrastructure program”. 1991—Subsec. (c)(2)(B). Pub. L. 102–190 substituted “after” for “after either” and struck out before period at end “or after each such committee has indicated approval of the increased contribution”. 1987—Subsec. (c)(1). Pub. L. 100–26 substituted “specified by section 2805(a)(2) of this title” for “specified by law”. 1986—Subsec. (a). Pub. L. 99–661 inserted “and for related expenses” after “headquarters)”. 1982—Pub. L. 97–321 substituted “Infrastructure” for “infrastructure” in section catchline.

Statutory Notes and Related Subsidiaries

Change of Name

Pub. L. 104–201, div. B, title XXVIII, § 2802(b), Sept. 23, 1996, 110 Stat. 2787, provided that: “Any reference to the North Atlantic Treaty Organization Infrastructure program in any Federal law, Executive order, regulation, delegation of authority, or document of or pertaining to the Department of Defense shall be deemed to refer to the North Atlantic Treaty Organization Security Investment program.”

Effective Date

of 2024 Amendment Pub. L. 118–159, div. B, § 2003, Dec. 23, 2024, 138 Stat. 2212, provided that: “Titles XXI through XXVII [of Pub. L. 118–159, amending this section and enacting provisions related to military

Construction

authorizations not set out in the Code] shall take effect on the later of— “(1) October 1, 2024; or “(2) the date of the enactment of this Act [Dec. 23, 2024].”

Effective Date

of 1986 Amendment Pub. L. 99–661, div. B, title V, § 2503(b), Nov. 14, 1986, 100 Stat. 4039, provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to contributions made with funds appropriated for fiscal years after fiscal year 1986.”

Effective Date

For

Effective Date

and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. Restriction on Certain Funding Pub. L. 99–661, div. B, title V, § 2504, Nov. 14, 1986, 100 Stat. 4039, prohibited Secretary of Defense from obligating or expending any funds after fiscal year 1987 with respect to NATO infrastructure program under this section until Secretary submitted to Committees on Armed Services of Senate and House (1) a comprehensive master plan for establishing adequate active defenses for air bases in Europe at which operations of United States aircraft are planned, sites in Europe used by United States for logistic support of NATO or for prepositioned overseas matériel configured to unit sets, and (2) a report containing a certification by Secretary that sufficient funds have been budgeted by Department of Defense in fiscal year 1988 five-year defense plan to meet objectives of such comprehensive master plan.

Reference

Citations & Metadata

Citation

10 U.S.C. § 2806

Title 10, Armed Forces

Last Updated

Aug 21, 2026

Release point: 119-102