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37 U.S.C. § 431 — Benefits for certain members assigned to the Defense Intelligence Agency
Federal law — U.S. Code and appendices · legal_authorities
**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4081/2&num=0&edition=prelim), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under [section 5924(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5924/4&num=0&edition=prelim).
**(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 Attaché 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 431
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Source file: Laws/federal/codes/united-states-code/title-37/section-431-benefits-for-certain-members-assigned-to-the-defense-intelligence-agency--58209c945a.md
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Source location: Title 37, Chapter 7, § 431; chapter-007-allowances-other-than-travel-and-transportation-allowances.md
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**(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)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4081/2&num=0&edition=prelim), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under [section 5924(4) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5924/4&num=0&edition=prelim).
**(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 Attaché 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).
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
[Section 491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section491&num=0&edition=prelim), which related to benefits for certain members assigned to the Defense Intelligence Agency, was originally [section 431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section431&num=0&edition=prelim) and was transferred to chapter 8 of this title by Pub. L. 112–81, div. A, title VI, § 631(d)(2), Dec. 31, 2011, 125 Stat. 1460, and renumbered [section 491 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section491&num=0&edition=prelim) by Pub. L. 112–239, div. A, title X, § 1076(h)(2), Jan. 2, 2013, 126 Stat. 1955. Section 491 was repealed by Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767. The section was revived to read as it did immediately before its repeal and renumbered [section 431 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section431&num=0&edition=prelim) by Pub. L. 117–263, div. A, title VI, § 615(a), Dec. 23, 2022, 136 Stat. 2624. The section was transferred to its original location in Chapter 7 of this title to reflect the probable intent of Congress.
#### Prior Provisions
Provisions similar to section 491 were contained in [section 192 of Title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section192&num=0&edition=prelim), Armed Forces, prior to enactment of section 491 by Pub. L. 99–145.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 491
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Federal law — U.S. Code and appendices · legal_authorities
The Chairman and Vice Chairman of the Joint Chiefs of Staff are entitled to the allowances provided by law for the Chief of Staff of the Army.
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Overall Supervision.—**
(1) The Secretary of Defense shall assign responsibility for the overall supervision of each Defense Agency and Department of Defense Field Activity designated under [section 191(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section191/b&num=0&edition=prelim)—
(A) to a civilian officer within the Office of the Secretary of Defense listed in [section 131(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section131/b&num=0&edition=prelim); or
(B) to the Chairman of the Joint Chiefs of Staff.
(2) An official assigned such a responsibility with respect to a Defense Agency or Department of Defense Field Activity shall advise the Secretary of Defense on the extent to which the program recommendations and budget proposals of such agency or activity conform with the requirements of the military departments and of the unified and specified combatant commands.
(3) This subsection does not apply to the Defense Intelligence Agency or the National Security Agency.
**(b) Program and Budget Review.—** The Secretary of Defense shall establish procedures to ensure that there is full and effective review of the program recommendations and budget proposals of each Defense Agency and Department of Defense Field Activity.
**(c) Periodic Review.—**
(1)
(A) Not later than January 1, 2020, and periodically (but not less frequently than every four years) thereafter, the Secretary of Defense shall conduct a review of the efficiency and effectiveness of each Defense Agency and Department of Defense Field Activity. Each review shall, to the maximum extent practicable, be conducted in coordination with other ongoing efforts in connection with business enterprise reform.
(B)
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 192
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Federal law — U.S. Code and appendices · legal_authorities
The Secretary may pay the travel and related expenses of members of the Service and their families, including costs or expenses incurred for—
(1) proceeding to and returning from assigned posts of duty;
(2) authorized or required home leave;
(3) family members to accompany, precede, or follow a member of the Service to a place of temporary duty;
(4) representational travel within the country to which the member of the Service is assigned or, when not more than one family member participates, outside such country;
(5) obtaining necessary medical care for an illness, injury, or medical condition while abroad in a locality where there is no suitable person or facility to provide such care (without regard to those laws and regulations limiting or restricting the furnishing or payment of transportation and traveling expenses), as well as expenses for—
(A) an attendant or attendants for a member of the Service or a family member who is too ill to travel unattended or for a family member who is too young to travel alone, and
(B) a family member incapable of caring for himself or herself if he or she remained at the post at which the member of the Service is serving;
(6) rest and recuperation travel of members of the Service who are United States citizens, and members of their families, while serving at locations abroad specifically designated by the Secretary for purposes of this paragraph, to—
(A) other locations abroad having different social, climatic, or other environmental conditions than those at the post at which the member of the Service is serving, or
(B) locations in the United States or its territories, including American Samoa, the Commonwealth of Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, and the United States Virgin Isl
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 4081
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Federal law — U.S. Code and appendices · legal_authorities
Page 1527
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 4081
entitled to a deferred annuity, but before becom-
ing eligible to receive the annuity, and such par-
ticipant or former participant has left with the
Secretary of State a spousal agreement prom-
ising a share of a survivor annuity under sub-
chapter IV, chapter 84, title 5, to a former
spouse, such survivor annuity shall be paid
under the terms of this part as if the survivor
annuity had been ordered by a court.
(Pub. L. 96–465, title I, § 861, as added Pub. L.
99–335, title IV, § 415, June 6, 1986, 100 Stat. 619;
amended Pub. L. 99–514, § 2, Oct. 22, 1986, 100
Stat. 2095; Pub. L. 99–556, title IV, § 407, Oct. 27,
1986, 100 Stat. 3139.)
Editorial Notes
AMENDMENTS
1986—Subsec. (a)(4)(A). Pub. L. 99–514 substituted ‘‘In-
ternal Revenue Code of 1986’’ for ‘‘Internal Revenue
Code of 1954’’, which for purposes of codification was
translated as ‘‘title 26’’ thus requiring no change in
text.
Subsec. (b)(3). Pub. L. 99–556 added par. (3).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99–556 effective Jan. 1, 1987,
see section 408 of Pub. L. 99–556, set out as a note under
section 4046 of this title.
§ 4071k. Spousal agreements
A spousal agreement is any written agreement
(properly authenticated as determined by the
Secretary of State) between a participant or
former participant and his or her spouse or
former spouse on file with the Secretary of
State. A spousal agreement shall be consistent
with the terms of this chapter and applicable
regulations and, if executed at the time a partic-
ipant or former participant is currently mar-
ried, shall be approved by such current spouse.
It may be used to fix the level of benefits pay-
able under this
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 4081
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 4081. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 193
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 431
section 1076(a)(9) is effective Dec. 31, 2011, and as if in-
cluded in Pub. L. 112–81 as enacted.
EFFECTIVE DATE OF 2008 AMENDMENT
Pub. L. 110–417, [div. A], title VI, § 604(b), Oct. 14, 2008,
122 Stat. 4483, as amended by Pub. L. 111–383, div. A,
title X, § 1075(e)(9), Jan. 7, 2011, 124 Stat. 4375, provided
that: ‘‘Paragraph (2) of subsection (d) of section 427 of
title 37, United States Code, as added by subsection (a),
shall apply with respect to members of the uniformed
services described in such paragraph who perform serv-
ice covered by subparagraph (A), (B), or (C) of sub-
section (a)(1) of such section on or after October 1,
2008.’’
EFFECTIVE DATE OF 2004 AMENDMENT
Pub. L. 108–375, div. A, title VI, § 623(b)(2), Oct. 28,
2004, 118 Stat. 1955, provided that the amendments made
by section 623(b)(2) are effective Jan. 1, 2006.
EFFECTIVE AND TERMINATION DATES OF 2003
AMENDMENTS
Pub. L. 108–136, div. A, title VI, § 618(d)(2), Nov. 24,
2003, 117 Stat. 1504, provided that the amendment made
by section 618(d)(2) is effective Apr. 16, 2003.
Amendment by Pub. L. 108–11 effective Oct. 1, 2002,
and applicable with respect to months beginning on or
after that date, and expires Sept. 30, 2003, and, effective
Sept. 30, 2003, the dollar amount specified in subsec.
(a)(1) of this section as in effect on the day before Apr.
16, 2003, is revived, see section 1316(c), (d) of Pub. L.
108–11, set out as notes under section 310 of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107–107, div. A, title VI, § 607(b), Dec. 28, 2001,
115 Stat. 1135, provided that: ‘‘Paragraph (2) of section
427(c) of title 37, United States Code, as added by sub-
section (a)(3), shall apply with respect t
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 431
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.