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37 U.S.C. § 431Benefits for certain members assigned to the Defense Intelligence Agency

submitted 41 years ago by Pub. L. 99-145 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 272 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may give certain military intelligence members benefits similar to those given to Foreign Service officers. This only applies if Congress has provided the funding, and only to specially assigned, designated members. New rules for this must first go to the House and Senate armed services and intelligence committees.

This section lets certain military members get Foreign-Service-style benefits. (a) The Secretary of Defense may give members of the armed forces described in subsection (e) allowances and benefits like those the Secretary of State gives Foreign Service officers and employees, under specific paragraphs of section 901 and sections 705 and 903 of the Foreign Service Act of 1980, and under section 5924(4) of title 5. (b) The Secretary can only make these payments in a fiscal year to the extent that Congress has appropriated money for that purpose. (c) A service member cannot get benefits under both this section and any other provision of this title for the same purpose. The Secretary of Defense must write whatever regulations are needed to enforce this. (d) Regulations issued under subsection (a) cannot take effect until the Secretary of Defense first submits them to: (1) the Senate Committee on Armed Services and the Senate Select Committee on Intelligence; and (2) the House Committee on Armed Services and the House Permanent Select Committee on Intelligence. (e) Subsection (a) applies to members of the armed forces who: (1) are assigned either (A) to a Defense Attaché Office or Defense Intelligence Agency Liaison Office outside the United States, or (B) to the Defense Intelligence Agency doing intelligence-related work outside the United States; and (2) are designated by the Secretary of Defense for this purpose.
the actual law source: uscode.house.gov ↗public domain
(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 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).

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1985Enacted · Pub. L. 99-145 · 99 Stat. 738
  • 1991Amended · Pub. L. 102-25 · 105 Stat. 117
  • 1996Amended · Pub. L. 104-93 · 109 Stat. 973
  • 1999Amended · Pub. L. 106-65 · 113 Stat. 774
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1460
  • 2013Amended · Pub. L. 112-239 · 126 Stat. 1955
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 1767
  • 2022Amended · Pub. L. 117-263 · 136 Stat. 2624

A history note hasn’t been published yet. The record shows enactment by Pub. L. 99-145 on 1985-11-08.

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