
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[641(a)]]
[Document affected by Public Law 106-398 Section 1[641(c)]]
[Document affected by Public Law 107-107 Section 632(a),]
[Document affected by Public Law 107-107 Section 632(c)]
[CITE: 37USC404a]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 404a. Travel and transportation allowances: temporary 
        lodging expenses
        
    (a) Under regulations prescribed by the Secretaries concerned, a 
member of a uniformed service who is ordered to make a change of 
permanent station--
        (1) from any duty station to a duty station in the United States 
    (other than Hawaii or Alaska);
        (2) from a duty station in the United States (other than Hawaii 
    or Alaska) to a duty station outside the United States or in Hawaii 
    or Alaska; or
        (3) in the case of an enlisted member who is reporting to the 
    member's first permanent duty station, from the member's home of 
    record or initial technical school to that first permanent duty 
    station;

shall be paid or reimbursed for subsistence expenses actually incurred 
by the member and the member's dependents while occupying temporary 
quarters incident to that change of permanent station. In the case of a 
change of permanent station described in paragraph (1) or (3), the 
period for which such expenses are to be paid or reimbursed may not 
exceed 10 days. In the case of a change of permanent station described 
in paragraph (2), the period for which such expenses are to be paid or 
reimbursed may not exceed five days and such payment or reimbursement 
may be provided only for expenses incurred before leaving the United 
States (other than Hawaii or Alaska).
    (b) Regulations prescribed under subsection (a) shall prescribe 
average daily subsistence rates for purposes of this section for the 
member and for each dependent. Such rates may not exceed the maximum per 
diem rates prescribed under section 404(d) of this title for the area 
where the temporary quarters are located.
    (c) A member may not be paid or reimbursed more than $110 a day 
under this section.

(Added Pub. L. 97-60, title I, Sec. 122(a)(1), Oct. 14, 1981, 95 Stat. 
1002; amended Pub. L. 99-145, title VI, Sec. 613(a), Nov. 8, 1985, 99 
Stat. 640; Pub. L. 102-25, title VII, Sec. 702(b)(1), (2), (c), Apr. 6, 
1991, 105 Stat. 117; Pub. L. 102-484, div. A, title VI, Sec. 621, Oct. 
23, 1992, 106 Stat. 2422; Pub. L. 103-160, div. A, title VI, 
Sec. 621(a), (b), Nov. 30, 1993, 107 Stat. 1682; Pub. L. 106-65, div. A, 
title VI, Sec. 632, Oct. 5, 1999, 113 Stat. 661.)


                               Amendments

    1999--Subsec. (a). Pub. L. 106-65 added par. (3) and substituted 
``paragraph (1) or (3)'' for ``clause (1)'' and ``paragraph (2)'' for 
``clause (2)'' in concluding provisions.
    1993--Subsec. (a). Pub. L. 103-160, Sec. 621(a), substituted ``10 
days'' for ``four days'' in second sentence and ``five days'' for ``two 
days'' in third sentence.
    Subsec. (d). Pub. L. 103-160, Sec. 621(b), struck out subsec. (d) 
which read as follows: ``In the case of a member who is ordered to make 
a change of permanent station described in subsection (a)(1) during 
fiscal years 1993 through 1997, the Secretary concerned may extend the 
period for which subsistence expenses incurred incident to that change 
are paid or reimbursed to not more than 10 days if the new duty station 
is in a geographical area where there is a shortage of safe and 
affordable housing because of the arrival of members of the armed forces 
in the area as part of the withdrawal of members of the armed forces 
from duty stations outside the United States, the closure or realignment 
of military installations, or the restructuring or deactivation of 
military units. The existence of such a shortage of safe and affordable 
housing in an area shall be determined by the Secretary concerned.''
    1992--Subsec. (d). Pub. L. 102-484 added subsec. (d).
    1991--Subsec. (a). Pub. L. 102-25, Sec. 702(b)(2), struck out ``of 
this subsection'' after ``clause (1)'' and ``clause (2)''.
    Subsec. (b). Pub. L. 102-25, Sec. 702(b)(1), struck out ``of this 
section'' after ``subsection (a)''.
    1985--Subsec. (a). Pub. L. 99-145 substituted ``shall'' for ``may'' 
in first sentence, and substituted ``are to'' for ``may'' the first 
place it appears in second and third sentences.


                    Effective Date of 1993 Amendment

    Section 621(c) of Pub. L. 103-160 provided that: ``The amendments 
made by this section [amending this section] shall take effect on April 
1, 1994.''


                    Effective Date of 1985 Amendment

    Section 613(b) of Pub. L. 99-145 provided that: ``The amendments 
made by subsection (a) [amending this section] shall take effect on 
October 1, 1985.''


                             Effective Date

    Section 122(c) of Pub. L. 97-60 provided that: ``The amendments made 
by this section [enacting this section and amending section 411 of this 
title] shall take effect on April 1, 1982.''


     Prohibition on Payment of Temporary Lodging Expenses; Exception

    Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9097], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-117, and Pub. L. 99-591, Sec. 101(c) [title IX, 
Sec. 9097], Oct. 30, 1986, 100 Stat. 3341-82, 3341-117, provided that: 
``None of the funds appropriated by this Act shall be available to pay 
temporary lodging expenses pursuant to section 404a(a) of title 37, 
United States Code: Provided, That during fiscal year 1987, this 
provision shall not apply to those military personnel with dependents in 
grades E-4 and below.''

                  Section Referred to in Other Sections

    This section is referred to in sections 411, 420 of this title.
