§ 431. — Benefits for certain members assigned to the Defense Intelligence Agency.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC431]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 431. Benefits for certain members assigned to the Defense
Intelligence Agency
(a) The Secretary of Defense may provide to members of the armed
forces described in subsection (e) allowances and benefits comparable to
those provided by the Secretary of State to officers and employees of
the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and
(13) of section 901 and sections 705 and 903 of the Foreign Service Act
of 1980 (22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13), 4025,
4083) and under section 5924(4) of title 5.
(b) The authority of the Secretary of Defense to make payments under
subsection (a) is effective for any fiscal year only to the extent that
appropriated funds are available for such purpose.
(c) Members of the armed forces may not receive benefits under both
subsection (a) and any other provision of this title for the same
purpose. The Secretary of Defense shall prescribe such regulations as
may be necessary to carry out this subsection.
(d) Regulations prescribed under subsection (a) may not take effect
until the Secretary of Defense has submitted such regulations to--
(1) the Committee on Armed Services and the Select Committee on
Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives.
(e) Subsection (a) applies to members of the armed forces who--
(1) are assigned--
(A) to Defense Attache Offices or Defense Intelligence
Agency Liaison Offices outside the United States; or
(B) to the Defense Intelligence Agency and engaged in
intelligence-related duties outside the United States; and
(2) are designated by the Secretary of Defense for the purposes
of subsection (a).
(Added Pub. L. 99-145, title XIII, Sec. 1302(b)(1), Nov. 8, 1985, 99
Stat. 738; amended Pub. L. 102-25, title VII, Sec. 702(b)(1), (c), Apr.
6, 1991, 105 Stat. 117; Pub. L. 104-93, title V, Sec. 502(b), Jan. 6,
1996, 109 Stat. 973; Pub. L. 106-65, div. A, title X, Sec. 1067(2), Oct.
5, 1999, 113 Stat. 774.)
Codification
Another section 431 was renumbered section 432 of this title.
Amendments
1999--Subsec. (d)(2). Pub. L. 106-65 substituted ``Committee on
Armed Services'' for ``Committee on National Security''.
1996--Subsec. (a). Pub. L. 104-93, Sec. 502(b)(1), substituted
``described in subsection (e)'' for ``who are assigned to Defense
Attache Offices and Defense Intelligence Agency Liaison Offices outside
the United States and who are designated by the Secretary of Defense for
the purposes of this subsection''.
Subsecs. (d), (e). Pub. L. 104-93, Sec. 502(b)(2), (3), added
subsecs. (d) and (e) and struck out former subsec. (d) which read as
follows: ``Regulations prescribed pursuant to subsection (a) shall be
submitted to the Committee on Armed Services and the Permanent Select
Committee on Intelligence of the House of Representatives and the
Committee on Armed Services and the Select Committee on Intelligence of
the Senate before such regulations take effect.''
1991--Subsecs. (b) to (d). Pub. L. 102-25 struck out ``of this
section'' after ``subsection (a)''.
Delegation of Authority of Secretary of Defense
Section 1302(b)(3) of Pub. L. 99-145, as amended by Pub. L. 100-180,
div. A, title XIII, Sec. 1314(d)(4), Dec. 4, 1987, 101 Stat. 1176,
provided that: ``The authority of the Secretary of Defense under section
431 of title 37, United States Code, as added by paragraph (1), may be
delegated in accordance with section 113(d) of title 10, United States
Code.''
[Amendment to section 1302(b)(3) of Pub. L. 99-145 by Pub. L. 100-
180 effective Oct. 1, 1986, see section 1314(e)(2) of Pub. L. 100-180,
set out as a note under section 413 of this title.]
