Title 10Armed ForcesRelease 119-73not60

§312 Payment of Personnel Expenses Necessary for Theater Security Cooperation

Title 10 › Subtitle Subtitle A— General Military Law › Part I— ORGANIZATION AND GENERAL MILITARY POWERS › Chapter 16— SECURITY COOPERATION › Subchapter II— MILITARY-TO-MILITARY ENGAGEMENTS › § 312

Last updated Apr 3, 2026|Official source

Summary

The Secretary of Defense can pay certain personnel costs when it helps U.S. theater security cooperation. Payments can cover travel, daily allowances, and similar pay for defense staff from friendly foreign governments and, if the Secretary of State agrees, other foreign government or non-government workers. The Department can also give office and base support to foreign liaison officers temporarily assigned to Defense Department headquarters. If a combatant commander, a service chief (Army, Navy, Air Force, Marine Corps, Space), or a Defense Agency head asks, the Secretary may pay travel, necessary personal expenses, mission travel that supports U.S. security (if directed as round trips), and civilian medical care when military care is not adequate, the Secretary approves it, and no treaty covers the care. The Secretary may also pay travel for conferences that improve working together and some related meeting costs. Payments are mainly for personnel from developing countries, unless an exception is made for urgent national security reasons. Non-defense foreign liaisons need State Department coordination before costs are paid. Reimbursement can be required and spelled out in assignment agreements. Travel pay cannot exceed what a similar U.S. service member would get under chapters 7 or 8 of title 37. No liaison may get more than $150,000 in a fiscal year. The Secretary must make rules and send them to the Armed Services Committees. "Administrative services and support" covers things like office space, utilities, base services, training, and computer help.

Full Legal Text

Title 10, §312

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary of Defense may pay expenses specified in subsection (b) that the Secretary considers necessary for theater security cooperation.
(b)The expenses that may be paid under the authority provided in subsection (a) are the following:
(1)The Secretary of Defense may pay travel, subsistence, and similar personnel expenses of, and special compensation for, the following that the Secretary considers necessary for theater security cooperation:
(A)Defense personnel of friendly foreign governments.
(B)With the concurrence of the Secretary of State, other personnel of friendly foreign governments and non-governmental personnel.
(2)The Secretary of Defense may provide administrative services and support for the performance of duties by a liaison officer of a foreign country while the liaison officer is assigned temporarily to any headquarters in the Department of Defense.
(3)The Secretary of Defense may pay the expenses of a liaison officer in connection with the assignment of that officer as described in paragraph (2) if the assignment is requested by the commander of a combatant command, the Chief of Staff of the Army, the Chief of Naval Operations, the Chief of Staff of the Air Force, the Commandant of the Marine Corps, the Chief of Space Operations, or the head of a Defense Agency as follows:
(A)Travel and subsistence expenses.
(B)Personal expenses directly necessary to carry out the duties of that officer in connection with that assignment.
(C)Expenses for medical care at a civilian medical facility if—
(i)adequate medical care is not available to the liaison officer at a local military medical treatment facility;
(ii)the Secretary determines that payment of such medical expenses is necessary and in the best interests of the United States; and
(iii)medical care is not otherwise available to the liaison officer pursuant to any treaty or other international agreement.
(D)Mission-related travel expenses if such travel meets each of the following conditions:
(i)The travel is in support of the national security interests of the United States.
(ii)The officer or official making the request directs round-trip travel from the assigned location to one or more travel locations.
(4)The authority provided by paragraph (1) includes authority to pay travel and subsistence expenses for personnel described in that paragraph in connection with the attendance of such personnel at any conference, seminar, or similar meeting that is in direct support of enhancing interoperability between the United States armed forces and the national security forces of a friendly foreign country for the purposes of conducting operations, the provision of equipment or training, or the planning for, or the execution of, bilateral or multilateral training, exercises, or military operations.
(5)In addition to the personnel expenses payable under paragraph (1), the Secretary of Defense may pay such other limited expenses in connection with conferences, seminars, and similar meetings covered by paragraph (4) as the Secretary considers appropriate in the national security interests of the United States.
(c)(1)The authority provided in subsection (a) may be used only for the payment of expenses of, and special compensation for, personnel from developing countries, except that the Secretary of Defense may authorize the payment of such expenses and special compensation for personnel from a country other than a developing country if the Secretary determines that such payment is necessary to respond to extraordinary circumstances and is in the national security interest of the United States.
(2)In the case of a non-defense liaison officer of a foreign country, the authority of the Secretary of Defense under subsection (a) to pay expenses specified in paragraph (2) or (3) of subsection (b) may be exercised only if the assignment of that liaison officer as a liaison officer with the Department of Defense was accepted by the Secretary of Defense with the coordination of the Secretary of State.
(d)The Secretary of Defense may provide the services and support specified in subsection (b)(2) with or without reimbursement from (or on behalf of) the recipients. The terms of reimbursement (if any) shall be specified in the appropriate agreements used to assign the liaison officer.
(e)(1)Travel and subsistence expenses authorized to be paid under subsection (a) may not, in the case of any individual, exceed the amount that would be paid under chapter 7 or 8 of title 37 to a member of the armed forces (of a comparable grade) for authorized travel of a similar nature.
(2)The amount paid for expenses specified in subsection (b)(3) for any liaison officer in any fiscal year may not exceed $150,000.
(f)The Secretary of Defense shall prescribe regulations for the administration of this section. Such regulations shall be submitted to the Committees on Armed Services of the Senate and the House of Representatives.
(g)In this section, the term “administrative services and support” includes base or installation support services, office space, utilities, copying services, fire and police protection, training programs conducted to familiarize, orient, or certify liaison personnel regarding unique aspects of the assignments of the liaison personnel, and computer support.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 312 was renumbered section 247 of this title.

Amendments

2021—Subsec. (b)(3). Pub. L. 116–283 inserted “the Chief of Space Operations,” after “the Commandant of the Marine Corps,” in introductory provisions.

Reference

Citations & Metadata

Citation

10 U.S.C. § 312

Title 10Armed Forces

Last Updated

Apr 3, 2026

Release point: 119-73not60