
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 37USC405]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 405. Travel and transportation allowances: per diem while 
        on duty outside the United States or in Hawaii or Alaska
        
    (a) Without regard to the monetary limitations of this title, the 
Secretaries concerned may authorize the payment of a per diem, 
considering all elements of the cost of living to members of the 
uniformed services under their jurisdiction and their dependents, 
including the cost of quarters, subsistence, and other necessary 
incidental expenses, to such a member who is on duty outside of the 
United States or in Hawaii or Alaska, whether or not he is in a travel 
status. However, dependents may not be considered in determining the per 
diem allowance for a member in a travel status.
    (b) Housing cost and allowance may be disregarded in prescribing a 
station cost of living allowance under this section.

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 89-718, Sec. 57, 
Nov. 2, 1966, 80 Stat. 1123; Pub. L. 91-486, Oct. 22, 1970, 84 Stat. 
1085; Pub. L. 96-107, title VIII, Sec. 807(a), Nov. 9, 1979, 93 Stat. 
813; Pub. L. 98-525, title VI, Sec. 602(e), Oct. 19, 1984, 98 Stat. 
2536; Pub. L. 99-145, title XIII, Sec. 1303(b)(8), Nov. 8, 1985, 99 
Stat. 741; Pub. L. 101-189, div. A, title VI, Sec. 622(a), Nov. 29, 
1989, 103 Stat. 1446; Pub. L. 103-160, div. A, title VI, Sec. 622(a), 
Nov. 30, 1993, 107 Stat. 1683; Pub. L. 105-85, div. A, title VI, 
Sec. 603(c)(2), Nov. 18, 1997, 111 Stat. 1781; Pub. L. 105-261, div. A, 
title VI, Sec. 603(b), Oct. 17, 1998, 112 Stat. 2037.)

                                          Historical and Revision Notes
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
405...................................  37:253(b).                           Oc
t. 12, 1949, ch. 681, Sec.
                                                                              3
03(b), 63 Stat. 814.
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---------------------------------

    The words ``Secretaries concerned'' are substituted for the words 
``Secretaries of the uniformed services'' to conform to other 
subsections of the source statute. The words ``outside the United 
States, or in Hawaii or Alaska'' are substituted for the words ``outside 
the continental United States or in Alaska'' to conform to the 
definition of United States in section 101(1) of this revised title and 
to retain the coverage of the source statute.


                               Amendments

    1998--Subsec. (c). Pub. L. 105-261 struck out subsec. (c) which 
authorized the Secretary concerned to make a lump-sum payment for 
nonrecurring expenses to certain members of the uniformed services 
authorized to receive per diem allowances under subsec. (a).
    1997--Subsecs. (b) to (d). Pub. L. 105-85 redesignated subsecs. (c) 
and (d) as (b) and (c), respectively, and struck out former subsec. (b) 
which read as follows: ``A station housing allowance may be prescribed 
under this section for a member who is on duty outside of the United 
States without regard to costs other than housing costs and may consist 
of the difference between basic allowance for quarters and applicable 
housing cost. A station housing allowance may not be prescribed under 
this section for a member who is on duty in Hawaii or Alaska. A station 
housing allowance prescribed under this section may be paid in 
advance.''
    1993--Subsec. (d). Pub. L. 103-160 amended subsec. (d) generally. 
Prior to amendment, subsec. (d) read as follows: ``In the case of a 
member of the uniformed services authorized to receive a per diem 
allowance under subsection (a), the Secretary concerned may make a lump-
sum payment for nonrecurring expenses incurred by the member in 
occupying private housing outside of the United States. Expenses for 
which payments are made under this subsection may not be considered for 
purposes of determining the per diem allowance of the member under 
subsection (a).''
    1989--Subsec. (d). Pub. L. 101-189 added subsec. (d).
    1985--Pub. L. 99-145 inserted ``the'' after ``outside'' in section 
catchline.
    1984--Subsec. (a). Pub. L. 98-525, Sec. 602(e)(1), designated first 
two sentences of existing section as subsec. (a).
    Subsec. (b). Pub. L. 98-525, Sec. 602(e)(2), (3), designated third 
and fourth sentences of existing section as subsec. (b), in such third 
sentence as so designated inserted ``for a member who is on duty outside 
of the United States'' after ``under this section'', and inserted after 
such third sentence: ``A station housing allowance may not be prescribed 
under this section for a member who is on duty in Hawaii or Alaska.''
    Subsec. (c). Pub. L. 98-525, Sec. 602(e)(4), designated last 
sentence of existing section as subsec. (c).
    1979--Pub. L. 96-107 inserted provisions relating to advance payment 
of station housing allowances.
    1970--Pub. L. 91-486 inserted provision authorizing a station 
housing allowance.
    1966--Pub. L. 89-718 substituted ``the'' for ``a'' after 
``including''.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section 
603(e) of Pub. L. 105-85, set out as a note under section 5561 of Title 
5, Government Organization and Employees.


                    Effective Date of 1993 Amendment

    Section 622(b) of Pub. L. 103-160 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to nonrecurring expenses and currency fluctuation gains described in 
section 405(d) [now 405(c)] of title 37, United States Code, that are 
incurred by members of the uniformed services on or after October 1, 
1993.''


                    Effective Date of 1989 Amendment

    Section 622(b) of Pub. L. 101-189 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to expenses incurred after August 31, 1990.''


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-525 effective Jan. 1, 1985, with exceptions, 
see section 602(f) of Pub. L. 98-525, as amended, set out as a note 
under section 403 of this title.


                    Effective Date of 1979 Amendment

    Section 807(b) of Pub. L. 96-107 provided that: ``The amendment made 
by subsection (a) [amending this section] shall take effect on October 
1, 1979.''


                            Cross References

    Assimilation of pay and allowances, see section 1003 of this title.
    Regulations for administration of section, see section 411 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 406, 411, 420, 1003 of this 
title; title 2 section 906; title 5 section 4109; title 10 section 2013; 
title 36 section 2101.
