Title 10 — Armed Forces
Part IV · Chapter 141 — Miscellaneous Provisions Relating to Property
§ 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
Statutory text
An advance under an appropriation to the Department of Defense may be made to pay for—
compliance with laws and ministerial regulations of a foreign country;
rent in a foreign country for periods of time determined by local custom;
tuition; and
public service utilities.
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—
pay and allowances to members of the armed force of that country; and
necessary supplies and services.
An advance may be made under this subsection only if the President has made an agreement with the foreign country—
requiring reimbursement to the United States for amounts advanced;
requiring the appropriate authority of the country to advance amounts reciprocally to members of the armed forces of the United States; and
containing any other provision the President considers necessary to carry out this subsection and to safeguard the interests of the United States.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 97–258 § 2(b)(4)(B) · 96 Stat. 1053
Enacted · 10 U.S.C. § 2396
Added Pub. L. 97–258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, § 2395
Source evidence
Code source credit
Added Pub. L. 97–258, § 2(b)(4)(B), Sept. 13, 1982, 96 Stat. 1053, § 2395Pub. L. 97–295 § 1(28)(B) · 96 Stat. 1287
Substituted · 10 U.S.C. § 2396(b)(2)(C)
Pub. L. 97–295 substituted “any other” for “another”
Source evidence
Code amendment note
Subsec. (b)(2)(C). Pub. L. 97–295 substituted “any other” for “another”.Enacted provision · exact public law section
(B) Section 2395 (as enacted by section 2(b)(4) of Public Law 97–258) is redesignated as section 2396 and is amended by Ante, p. 1053. striking out “another” in subsection (b)(2)(C) and substituting “any other”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1014(b)(1) · 111 Stat. 1629
Inserted · 10 U.S.C. § 2396
Pub. L. 105–85, § 1014(b)(1), inserted “public utility services,” after “tuition,” in section catchline
Source evidence
Code amendment note
Pub. L. 105–85, § 1014(b)(1), inserted “public utility services,” after “tuition,” in section catchline.Enacted provision · exact public law section
(1) The heading of such section is amended to read as follows: “§ 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”.National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 § 1014(a) · 111 Stat. 1629
Added · 10 U.S.C. § 2396(a)(4)
Pub. L. 105–85, § 1014(a), added par. (4)
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 105–85, § 1014(a), added par. (4).Enacted provision · exact public law section
(a) In General.— Subsection (a) of section 2396 of title 10, United States Code, is amended— (1) by striking out “and” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; and”; and (3) by adding at the end the following new paragraph: “(4) public service utilities.”.Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(b)(1) · 116 Stat. 2135
Substituted · 10 U.S.C. § 2396(b)(1)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in introductory provisions.Enacted provision · exact public law section
(1) Title 10, United States Code, is amended in sections 101(9), 130b(a), 130b(c)(4), 130c(h)(1), 379, 513(d), 575(b)(2), 580(e)(6), 580a(e), 651(a), 671(c)(2), 708(a), 716(a), 717, 806(d)(2), 815(e), 888, 946(c)(1), 973(d), 978(d), 983(b)(1), 985(a), 1033(b)(1), 1033(d), 1034, 1037(c), 1044d(f), 1058(c), 1059(a), 1059(k)(1), 1073(a), 1074(c)(1), 1089(g)(2), 1090, 1091(a), 1124, 1143, 1143a(h), 1144, 1145(e), 1148, 1149, 1150(c), 1152(a), 1152(d)(1), 1153, 1175, 1212(a), 1408(h)(2), 1408(h)(8), 1463(a)(2), 1482a(b), 1510, 1552(a)(1), 1565(f), 1588(f)(4), 1589, 2002(a), 2302(1), 2306b(b), 2323(j)(2), 2376(2), 2396(b)(1), 2410a(a), 2572(a), 2575(a), 2578, 2601(b)(4), 2634(e), 2635(a), 2734(g), 2734a, 2775, 2830(b)(2), 2835, 2836, 4745(a), 5013a(a), 7361(b), 10143(b)(2), 10146(a), 10147(a), 10149(b), 10150, 10202(b), 10203(d), 10205(b), 10301(b), 12103(b), 12103(d), 12304, 12311(c), 12522(c), 12527(a)(2), 12731(b), 12731a(e), 16131(a), 16136(a), 16301(g), and 18501 by striking “of Transportation” each place it appears and inserting “of Homeland Security”.Effective date note
Amendment 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.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1982 Act (Pub. L. 97–258) | ||
| Revised section | Source (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 ” 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.
dispositionOfSections
| 1982 Act (Pub. L. 97–295) | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 2396 | 10:2395. | 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
Amendments1982–2002 · 3 rounds
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 Amendment
Amendment 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.
Credits
1982–2002 · 4 acts
- 1982Added Pub. L. 97–258, § 2(b)(4)(B), , 96 Stat. 1053, § 2395
- 1982renumbered § 2396 and amended Pub. L. 97–295, § 1(28)(B), , 96 Stat. 1291
- 1997Pub. L. 105–85, div. A, title X, § 1014(a), (b)(1), , 111 Stat. 1875
- 2002Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.
Show as published
(Added Pub. L. 97–258, § 2(b)(4)(B), , 96 Stat. 1053, § 2395; renumbered § 2396 and amended Pub. L. 97–295, § 1(28)(B), , 96 Stat. 1291; Pub. L. 105–85, div. A, title X, § 1014(a), (b)(1), , 111 Stat. 1875; Pub. L. 107–296, title XVII, § 1704(b)(1), , 116 Stat. 2314.)