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37 U.S.C. § 491 — Renumbered § 431]

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 491 — Renumbered § 431]

### 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 Section 491 was repealed by Pub.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.

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Source location: Title 37, Chapter 8, § 491; chapter-008-travel-and-transportation-allowances.md

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 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)](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

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 192 — Defense Agencies and Department of Defense Field Activities: oversight by the Secretary of Defense

**(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)

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 491 — Untitled legal text

Page 212 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 491 L. 99–145, title XIII, § 1303(b)(10), Nov. 8, 1985, 99 Stat. 741; renumbered § 489 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(28), Dec. 31, 2011, 125 Stat. 1460, 1464; Pub. L. 112–239, div. A, title X, § 1076(a)(6), Jan. 2, 2013, 126 Stat. 1948, related to transportation for a minor dependent attending an overseas school on a dor- mitory basis. Section 490, added Pub. L. 98–94, title IX, § 910(a)(1), Sept. 24, 1983, 97 Stat. 638, § 430; amended Pub. L. 101–189, div. A, title VI, § 625(a), Nov. 29, 1989, 103 Stat. 1448; Pub. L. 101–510, div. A, title XIV, § 1484(e)(1), Nov. 5, 1990, 104 Stat. 1717; Pub. L. 102–25, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 105–261, div. A, title VI, § 634, Oct. 17, 1998, 112 Stat. 2044; Pub. L. 106–398, § 1 [[div. A], title VI, § 646], Oct. 30, 2000, 114 Stat. 1654, 1654A–162; Pub. L. 107–107, div. A, title VI, § 639(a)–(c), title IX, § 931(c), Dec. 28, 2001, 115 Stat. 1148, 1200; Pub. L. 107–314, div. A, title VI, § 654(b)(6), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 108–136, div. A, title VI, § 633, Nov. 24, 2003, 117 Stat. 1509; Pub. L. 108–375, div. A, title VI, § 633, Oct. 28, 2004, 118 Stat. 1957; renumbered § 490 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(29), Dec. 31, 2011, 125 Stat. 1460, 1464, related to transportation for eligible dependent children of one annual trip between certain schools and the member’s duty station outside the continental United States. Editorial Notes PRIOR PROVISIONS Act Aug. 1, 1953, cited as the source of subsec. (j) of section 476 in the Historical and Revision Notes, is known as the Department of Defense Appropriation Act, 1954. Similar

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