37 U.S.C. § 431 — Benefits for certain members assigned to

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 to pay periods beginning on or after January 1, 2002, for a member of the uniformed services covered by such paragraph re- gardless of the date on which the member first made the election to serve an unaccompanied tour of duty.’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by section 603(c)(3) of Pub. L. 105–85 ef- fective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Govern- ment Organization and Employees. EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title VI, § 625(b), Oct. 5, 1994, 108 Stat. 2785, provided that: ‘‘The amendments made by subsection (a) [amending this section] shall take ef- fect as of June 20, 1994.’’ EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–145, title VI, § 607(b), Nov. 8, 1985, 99 Stat. 639, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on October 1, 1985, and shall apply only to family separa- tion allowances payable for months beginning on or after that date.’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–342, title VIII, § 809(b), Sept. 8, 1980, 94 Stat. 1097, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect with respect to months after September 1980.’’ EFFECTIVE DATE OF 1970 AMENDMENTS Pub. L. 91–533, § 2, Dec. 7, 1970, 84 Stat. 1392, provided that: ‘‘The amendment made by this Act [amending this section] shall take effect on the first day of the first calendar month which occurs after the date of the enactment of this Act [Dec. 7, 1970].’’ Pub. L. 91–529, § 2, Dec. 7, 1970, 84 Stat. 1389, provided that: ‘‘Section 1 of this Act [amending this section] is effective October 1, 1963.’’ EFFECTIVE DATE Section effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as an Effective Date of 1963 Amendment note under section 201 of this title. SAVINGS PROVISION Pub. L. 99–661, div. A, title VI, § 618(b), Nov. 14, 1986, 100 Stat. 3881, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: ‘‘Notwithstanding the amendments made by subsection (a) [amending this section], a mem- ber who on September 30, 1986, was assigned to a perma- nent station to which the movement of his dependents was authorized at the expense of the United States under section 476 of title 37, United States Code, and who elected to serve a tour of duty at that station un- accompanied by his dependents, shall, until he departs that station as a result of a change of permanent sta- tion, be entitled to receive the allowance authorized by section 427(b) of such title without regard to paragraph (3) [now (4)] of such section, as added by subsection (a).’’ RATES OF PAY FOR FISCAL YEAR 2004 Rates of pay authorized under subsec. (a)(1) of this section from Oct. 1, 2003, through Sept. 30, 2004, to be $250, see section 1104 of Pub. L. 108–106, set out as a note under section 310 of this title. TEMPORARY INCREASE IN FAMILY SEPARATION ALLOWANCE; PERSIAN GULF CONFLICT Pub. L. 102–25, title III, § 302, Apr. 6, 1991, 105 Stat. 80, provided that: ‘‘(a) INCREASED RATE.—In lieu of the family separa- tion allowance specified in section 427(b)(1) of title 37, United States Code, the family separation allowance payable under that section shall be $75 for each month during the period described in subsection (b). ‘‘(b) PERIOD OF APPLICABILITY.—Subsection (a) shall apply during the period beginning on January 15, 1991, and ending on the first day of the first month begin- ning on or after the date 180 days after the end of the Persian Gulf conflict.’’ FAMILY SEPARATION ALLOWANCE FOR MEMBERS IN MISSING STATUS DURING THE VIETNAM CONFLICT Pub. L. 91–534, Dec. 7, 1970, 84 Stat. 1392, provided: ‘‘That, under regulations to be prescribed by the Sec- retary of Defense, a member of a uniformed service with dependents who is in a missing status (as defined in section 551(2) of title 37 United States Code) during the Vietnam conflict and is not entitled to an allow- ance under section 427(b) of title 37 may be paid a monthly allowance equal to $30. For the purposes of this Act, the Vietnam conflict ends on the date des- ignated by the President by Executive order as the date of the termination of combat activities in Vietnam. ‘‘SEC. 2. This Act takes effect on the first day of the first month which begins after the date of enactment of this Act [Dec. 7, 1970].’’ [§ 428. Renumbered § 488] [§ 429. Renumbered § 489] [§ 430. Renumbered § 490] § 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 sub- section (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) Page 194 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES [§ 432 of section 901 and sections 705 and 903 of the For- eign 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 effec- tive for any fiscal year only to the extent that appropriated funds are available for such pur- pose. (c) Members of the armed forces may not re- ceive benefits under both subsection (a) and any other provision of this title for the same pur- pose. 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 De- fense 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 Intel- ligence 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 out- side the United States; and (2) are designated by the Secretary of De- fense for the purposes of subsection (a). (Added Pub. L. 99–145, title XIII, § 1302(b)(1), Nov. 8, 1985, 99 Stat. 738, § 431; amended Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–93, title V, § 502(b), Jan. 6, 1996, 109 Stat. 973; Pub. L. 106–65, div. A, title X, § 1067(2), Oct. 5, 1999, 113 Stat. 774; Pub. L. 112–81, div. A, title VI, § 631(d)(2), Dec. 31, 2011, 125 Stat. 1460; renumbered § 491, Pub. L. 112–239, div. A, title X, § 1076(h)(2), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767; renumbered § 431, Pub. L. 117–263, div. A, title VI, § 615(a), Dec. 23, 2022, 136 Stat. 2624.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 revived section 491 of this title to read as it did immediately before its repeal by Pub. L. 117–81, and renumbered it as this section. The sec- tion was transferred to its original location in Chapter 7 of this title to reflect the probable intent of Congress. 2021—Pub. L. 117–81 repealed this section. However, this section was revived to read as it did immediately before repeal by Pub. L. 117–263. See note above. 2013—Pub. L. 112–239 renumbered section 431 of this title as section 491 of this title. 2011—Pub. L. 112–81 transferred this section to this chapter. 1999—Subsec. (d)(2). Pub. L. 106–65 substituted ‘‘Com- mittee on Armed Services’’ for ‘‘Committee on Na- tional Security’’. 1996—Subsec. (a). Pub. L. 104–93, § 502(b)(1), sub- stituted ‘‘described in subsection (e)’’ for ‘‘who are as- signed to Defense Attache Offices and Defense Intel- ligence Agency Liaison Offices outside the United States and who are designated by the Secretary of De- fense for the purposes of this subsection’’. Subsecs. (d), (e). Pub. L. 104–93, § 502(b)(2), (3), added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: ‘‘Regulations prescribed pursu- ant to subsection (a) shall be submitted to the Com- mittee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representa- tives 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)’’. Statutory Notes and Related Subsidiaries DELEGATION OF AUTHORITY OF SECRETARY OF DEFENSE Pub. L. 99–145, title XIII, § 1302(b)(3), Nov. 8, 1985, 99 Stat. 738, as amended by Pub. L. 100–180, div. A, title XIII, § 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 sec- tion 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 sec- tion 413 of this title.] [§ 432. Renumbered § 492] § 433. Allowance for muster duty (a) Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the Na- tional Guard or of the Selected Reserve is enti- tled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the mem- ber is engaged in that duty for at least two hours. (b) The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed. (c) The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the perform- ance of muster duty and shall constitute pay- ment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the des- ignated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays. (d) A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period. (Added Pub. L. 101–189, div. A, title V, § 502(b)(1), Nov. 29, 1989, 103 Stat. 1436; amended Pub. L. 101–510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title XV, § 1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 105–85, div. A, title VI, § 627, Nov. 18, 1997, 111 Stat. 1795; Pub. L. 112–81, div. A, title VI,