PRIA Logo™
Title 37, Pay and Allowances of the Uniformed ServicesRelease 119-102

§431 Benefits for Certain Members Assigned to the Defense Intelligence Agency

Title 37 › CHAPTER 7 — ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES › § 431

Last updated Aug 21, 2026|Official source

Summary

The Secretary of Defense can give certain service members pay and allowances like those the State Department gives its Foreign Service staff under specific parts of the Foreign Service Act and federal pay rules. Those payments can only be made when there is money approved by Congress. A service member cannot get the same benefit twice for the same thing, and the Defense Department must write rules to prevent that. Those rules cannot take effect until the Secretary sends them to the Senate Armed Services Committee and the Senate Select Committee on Intelligence, and to the House Armed Services Committee and the House Permanent Select Committee on Intelligence. This applies only to service members who are chosen by the Secretary of Defense and who are assigned outside the United States to Defense Attaché Offices, Defense Intelligence Agency Liaison Offices, or to the Defense Intelligence Agency doing intelligence work abroad.

Full Legal Text

Title 37, §431

Pay and Allowances of the Uniformed Services, Source: USLM XML via OLRC

(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 section 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).

Legislative History

Notes & Related Subsidiaries

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 section 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 “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. 102–25 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 section 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 section 413 of this title.]

Reference

Citations & Metadata

Citation

37 U.S.C. § 431

Title 37, Pay and Allowances of the Uniformed Services

Last Updated

Aug 21, 2026

Release point: 119-102