§ 707. — Benefits for employees at overseas offices who are United States citizens.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 38USC707]
TITLE 38--VETERANS' BENEFITS
PART I--GENERAL PROVISIONS
CHAPTER 7--EMPLOYEES
Sec. 707. Benefits for employees at overseas offices who are
United States citizens
(a) The Secretary may, under such rules and regulations as may be
prescribed by the President or the President's designee, provide to
personnel of the Department who are United States citizens and are
assigned by the Secretary to the Department offices in the Republic of
the Philippines allowances and benefits similar to those provided by the
following provisions of law:
(1) Section 905 of the Foreign Service Act of 1980 (relating to
allowances to provide for the proper representation of the United
States).
(2) Sections 901(1), (2), (3), (4), (7), (8), (9), (11), and
(12) of the Foreign Service Act of 1980 (relating to travel
expenses).
(3) Section 901(13) of the Foreign Service Act of 1980 (relating
to transportation of automobiles).
(4) Section 903 of the Foreign Service Act of 1980 (relating to
the return of personnel to the United States on leave of absence).
(5) Section 904(d) of the Foreign Service Act of 1980 (relating
to payments by the United States of expenses for treating illness or
injury of officers or employees and dependents requiring
hospitalization).
(6) Section 5724a(c) of title 5 (relating to subsistence
expenses for 60 days in connection with the return to the United
States of the employee and such employee's immediate family).
(7) Section 5724a(d) of title 5 (relating to the sale and
purchase of the residence or settlement of an unexpired lease of the
employee when transferred from one station to another station and
both stations are in the United States, its territories or
possessions, or the Commonwealth of Puerto Rico).
(b) The authority in subsection (a) supplements, but is not in lieu
of, other allowances and benefits for overseas employees of the
Department provided by title 5 and the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.).
(Added Pub. L. 102-83, Sec. 2(a), Aug. 6, 1991, 105 Stat. 395; amended
Pub. L. 104-201, div. A, title XVII, Sec. 1723(a)(2), Sept. 23, 1996,
110 Stat. 2759.)
References in Text
The Foreign Service Act of 1980, referred to in subsecs. (a)(1)-(5)
and (b), is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, as amended,
which is classified principally to chapter 52 (Sec. 3901 et seq.) of
Title 22, Foreign Relations and Intercourse. Sections 901, 903, 904(d),
and 905 of the Foreign Service Act of 1980 are classified to sections
4081, 4083, 4084(d), and 4085, respectively of Title 22. For complete
classification of this Act to the Code, see Short Title note set out
under section 3901 of Title 22 and Tables.
Prior Provisions
Prior sections 707 and 708 were renumbered sections 1907 and 1908 of
this title, respectively.
Provisions similar to those in this section were contained in
section 235 of this title prior to repeal by Pub. L. 102-83, Sec. 2(a).
Amendments
1996--Subsec. (a)(6). Pub. L. 104-201, Sec. 1723(a)(2)(A),
substituted ``Section 5724a(c)'' for ``Section 5724a(a)(3)''.
Subsec. (a)(7). Pub. L. 104-201, Sec. 1723(a)(2)(B), substituted
``Section 5724a(d)'' for ``Section 5724a(a)(4)''.
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-201 effective 180 days after Sept. 23,
1996, see section 1725(a) of Pub. L. 104-201, set out as a note under
section 5722 of Title 5, Government Organization and Employees.
Ex. Ord. No. 12228. Allowances for Personnel on Foreign Duty
Ex. Ord. No. 12228, July 24, 1980, 45 F.R. 49903, as amended by Ex.
Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By the authority vested in me as President of the United States of
America by Sections 7 and 8 of the Defense Department Overseas Teachers
Pay and Personnel Practices Act of 1959, as amended (20 U.S.C. 905-906),
Section 235 [see 707] of Title 38 of the United States Code, and Section
301 of Title 3 of the United States Code, and in order to delegate
authority with respect to allowances for Veterans Administration [now
Department of Veterans Affairs] personnel and to update existing
authorities, it is hereby ordered as follows:
1-101. Payment of the additional compensation authorized by Section
8(a)(2) of the Defense Department Overseas Teachers Pay and Personnel
Practices Act of 1959, as amended, shall be governed by the regulations
contained in Executive Order No. 10000, as amended [set out as a note
under section 5941 of Title 5, Government Organization and Employees],
which govern the payment of additional compensation in foreign areas
(referred to as foreign post differential), subject to the provisions of
Section 8(b) of that Act (20 U.S.C. 906(a)(2) and (b)).
1-102. The following functions vested in the President are delegated
to the Secretary of State:
(a) That part of the functions in Section 7(a) of the Defense
Department Overseas Teachers Pay and Personnel Practices Act which
consists of the authority to prescribe regulations relating to quarters
and quarters allowances (20 U.S.C. 905(a)).
(b) The authority in Section 8(a)(1) of the Defense Department
Overseas Teachers Pay and Personnel Practices Act to prescribe
regulations relating to cost of living allowances (20 U.S.C. 906(a)(1)).
(c) The following authority in Section 235 [see 707] of Title 38 of
the United States Code to prescribe rules and regulations:
(1) Section 235(2) [see 707(2)], except as that section pertains
to an allowance similar to that provided for in Section 901(6) of
the Foreign Service Act of 1980 (22 U.S.C. 4081(6));
(2) Section 235(3) [see 707(3)];
(3) Section 235(5) [see 707(5)];
(4) Section 235(6) [see 707(6)]; and
(5) Section 235(7) [see 707(7)].
1-103. The following functions vested in the President by Section
235 [see 707] of Title 38 of the United States Code are delegated to the
Administrator of the Veterans Administration [now Secretary of Veterans
Affairs]. The authority with respect to the allowances or benefits of
paragraphs (1) and (4) of Section 235 [see 707(1), (4)] which are
similar to the benefits and allowances provided in the sections of the
Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], designated in
those paragraphs.
1-104. Executive Order No. 10853 [not classified to Code], as
amended, is revoked. The rules and regulations which were prescribed by
the Secretary of State or the Administrator of the Veterans
Administration [now Secretary of Veterans Affairs] pursuant to Executive
Order No. 10853, as amended, and which would be valid if issued pursuant
to this Order, shall be deemed to have been issued under this Order.
