10 U.S.C. § 2396: Advances for payments for…

Summary

The Department of Defense can make advance payments from its funds to pay certain overseas costs. These include following foreign laws and local rules, paying rent based on local custom, tuition, and public utilities. Under rules set by the Secretary of Defense (or by the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy), a U.S. officer who manages public money may advance funds to a friendly country’s pay officer or to that country’s service members for their pay, allowances, and needed supplies or services. This can only happen if the President has an agreement with that country that requires the country to repay the United States, to give similar advances to U.S. service members, and to include any other protections the President wants.

Title 10, §2396

Armed Forces, Source: USLM XML via OLRC

(a)An advance under an appropriation to the Department of Defense may be made to pay for—

(1)compliance with laws and ministerial regulations of a foreign country;

(2)rent in a foreign country for periods of time determined by local custom;

(3)tuition; and

(4)public service utilities.

(b)(1)Under regulations prescribed by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service of the Navy, an officer of an armed force of the United States accountable for public money may advance amounts to a disbursing official of a friendly foreign country or members of an armed force of a friendly foreign country for—

(A)pay and allowances to members of the armed force of that country; and

(B)necessary supplies and services.

(2)An advance may be made under this subsection only if the President has made an agreement with the foreign country—

(A)requiring reimbursement to the United States for amounts advanced;

(B)requiring the appropriate authority of the country to advance amounts reciprocally to members of the armed forces of the United States; and

(C)containing any other provision the President considers necessary to carry out this subsection and to safeguard the interests of the United States.

Notes & Related Subsidiaries

Historical and Revision Notes

1982 Act (Pub. L. 97–258) Revised sectionSource (U.S. Code)Source (Statutes at Large) 2395(a)31:529i.

July 13, 1955, ch. 358, § 602, 69 Stat. 314. 2395(b)31:529j.Oct. 19, 1965, Pub. L. 89–265, 79 Stat. 989. In subsection (a), the words “On and after

July 13, 1955” are omitted as executed. The words “An advance” are substituted for “section 529 of this title shall not apply in the case of payments” because of the restatement. In subsection (b), the words “armed force of the United States” are substituted for “Army, Navy, Air Force, Marine Corps, or Coast Guard” because of 10:101(4) and to avoid confusion with the phrase “armed force of a friendly foreign country”. In subsection (b)(1), before clause (A), the words “the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” are substituted for “the Secretary of the Treasury in their respective areas of responsibility” because of 14:3 and 49:1655(b)(1) and (2). The words “disbursing official” are substituted for “cashiers, disbursing officers” for consistency with other titles of the United States Code and to eliminate unnecessary words. 1982 Act (Pub. L. 97–295) Revised sectionSource (U.S. Code)Source (Statutes at Large) 239610:2395.Sept. 13, 1982, Pub. L. 97–258, § 2(b)(4)(B), 96 Stat. 1053. This redesignates 10:2395 as 10:2396 because of the redesignation of 10:2394 (enacted by Pub. L. 97–258) as 10:2395, and substitutes “any other” for “another” in subsec. (b)(2)(C).

Editorial Notes

Amendments

2002—Subsec. (b)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions. 1997—Pub. L. 105–85, § 1014(b)(1), inserted “public utility services,” after “tuition,” in section catchline. Subsec. (a)(4). Pub. L. 105–85, § 1014(a), added par. (4). 1982—Subsec. (b)(2)(C). Pub. L. 97–295 substituted “any other” for “another”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

§2396 Advances for Payments for Compliance with Foreign Laws, Rent in Foreign Countries, Tuition, Public Utility Services, and Pay and Supplies of Armed Forces of Friendly Foreign Countries