10 U.S. Code § 2350m - Participation in European program on multilateral exchange of surface transportation services [and] Execution of projects under the North Atlantic Treaty Organization Security Investment Program

prev next
§ 2350m.[1] Participation in European program on multilateral exchange of surface transportation services
(a) Participation Authorized.—
(1) In general.—
The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in the Surface Exchange of Services program (in this section referred to as the “SEOS program”) of the Movement Coordination Centre Europe.
(2) Scope of participation.—Participation of the Department of Defense in the SEOS program under paragraph (1) may include—
(A)
the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in-kind; and
(B)
the exchange of surface transportation services of an equal value.
(b) Written Arrangement or Agreement.—
(1) In general.—
Participation of the Department of Defense in the SEOS program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe.
(2) Notification.—
The Secretary of Defense shall provide to the congressional defense committees notification of any arrangement or agreement entered into under paragraph (1).
(3) Funding arrangements.—
If Department of Defense facilities, equipment, or funds are used to support the SEOS program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
(4) Other elements.—
Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits or liability resulting from an unequal exchange or transfer of surface transportation services shall be liquidated through the SEOS program not less than once every five years.
(c) Implementation.—In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
(1)
pay the equitable share of the Department of Defense for the operating expenses of the Movement Coordination Centre Europe and the SEOS program from funds available to the Department of Defense for operation and maintenance; and
(2)
assign members of the armed forces or Department of Defense civilian personnel, within billets authorized for the United States European Command, to duty at the Movement Coordination Centre Europe as necessary to fulfill Department of Defense obligations under that arrangement or agreement.
(d) Crediting of Receipts.—Any amount received by the Department of Defense as part of the SEOS program shall be credited, at the option of the Secretary of Defense, to—
(1)
the appropriation, fund, or account used in incurring the obligation for which such amount is received; or
(2)
an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
(e) Annual Report.—
(1) In general.—
Not later than 30 days after the end of each fiscal year in which the authority under this section is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense participation in the SEOS program during such fiscal year.
(2) Elements.—Each report required by paragraph (1) shall include the following:
(A)
A description of the equitable share of the costs and activities of the SEOS program paid by the Department of Defense.
(B)
A description of any amount received by the Department of Defense as part of such program, including the country from which the amount was received.
(f) Limitation on Statutory Construction.—
Nothing in this section may be construed to authorize the use of foreign sealift in violation of section 2631.
§ 2350m.[1] Execution of projects under the North Atlantic Treaty Organization Security Investment Program
(a) Authority To Execute Projects.—
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) Project Funding.—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) Authority To Accept Contributions.—
(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) Obligation Authority.—
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) Insufficient Contributions.—
(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) Authorized Expenditures Defined.—
In this section, the term “authorized expenditures” means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding.


[1]  Another is set out after .
Prior Provisions

A prior section 2350m was renumbered section 344 of this title.



[1]  Another is set out after section 2350 of this title.
Prior Provisions

A prior section 2350m was renumbered section 344 of this title.

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].”

The following state regulations pages link to this page.