USC : Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES | U.S. Code

USCPrelim is a preliminary release and may be subject to further revision before it is released again as a final version.

Current through Pub. L. 113-99. (See Public Laws for the current Congress.)

(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 andsections 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).

[1] So in original. Probably should be “491”. See Codification note below.

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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 andsections 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).

[1] So in original. Probably should be “491”. See Codification note below.

Source

(Added Pub. L. 99–145, title XIII, § 1302(b)(1),Nov. 8, 1985, 99 Stat. 738; 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.)

Codification

Pub. L. 112–81, div. A, title VI, § 631(d)(2),Dec. 31, 2011, 125 Stat. 1460, which directed the transfer of this section to this chapter so as to follow section 490 but did not direct the renumbering of this section from 431 to 491, was executed only by transferring this section to this chapter but not by renumbering this section, despite the probable intent of Congress.

Another section 431 was renumbered section 432 of this title which was subsequently renumbered section 492 of this title.

Amendments

2011—Pub. L. 112–81transferred this section to this chapter.

1999—Subsec. (d)(2). Pub. L. 106–65substituted “Committee on Armed Services” for “Committee on National Security”.

1996—Subsec. (a). Pub. L. 104–93, § 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, § 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. 102–25struck out “of this section” after “subsection (a)”.

Delegation of Authority of Secretary of Defense

Section 1302(b)(3) ofPub. L. 99–145, 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 section 113 (d) of title 10, United States Code.”

[Amendment to section 1302(b)(3) ofPub. L. 99–145by Pub. L. 100–180effective Oct. 1, 1986, see section 1314(e)(2) ofPub. L. 100–180, set out as a note under section 413 of this title.]

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The most recent Classification Table update that we have noticed was Friday, May 3, 2013

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37 USC	Description of Change	Session Year	Public Law	Statutes at Large

37 USC § -

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