(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
(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—
(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).
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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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