1994 U.S. Code
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
View MetadataPublication Title | United States Code, 1994 Edition, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | 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 |
Contains | section 405 |
Date | 1994 |
Laws in Effect as of Date | January 4, 1995 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 89-718, §57, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 91-486, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 96-107, title VIII, §807(a), Nov. 9, 1979, 93 Stat. 813; Pub. L. 98-525, title VI, §602(e), Oct. 19, 1984, 98 Stat. 2536; Pub. L. 99-145, title XIII, §1303(b)(8), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101-189, div. A, title VI, §622(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 103-160, div. A, title VI, §622(a), Nov. 30, 1993, 107 Stat. 1683. |
Statutes at Large References | 63 Stat. 814 76 Stat. 473 80 Stat. 1123 84 Stat. 1085 93 Stat. 813 98 Stat. 2536 99 Stat. 741 103 Stat. 1446 107 Stat. 1683 |
Public Law References | Public Law 87-649, Public Law 89-718, Public Law 91-486, Public Law 96-107, Public Law 98-525, Public Law 99-145, Public Law 101-189, Public Law 103-160 |
§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) 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.
(c) Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section.
(d)(1) 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—
(A) incurred by the member in occupying private housing outside of the United States; and
(B) authorized or approved under regulations prescribed by the Secretary concerned.
(2) Nonrecurring expenses for which a member may be reimbursed under paragraph (1) may include losses sustained by the member on the refund of a rental deposit (or other deposit made by the member to secure housing) as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which such housing is located.
(3) The Secretary concerned shall recoup the full amount of a refunded deposit referred to in paragraph (2) that was paid by the United States, including any gain resulting from a fluctuation in currency values referred to in that paragraph.
(4) 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).
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 473; Pub. L. 89–718, §57, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 91–486, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 96–107, title VIII, §807(a), Nov. 9, 1979, 93 Stat. 813; Pub. L. 98–525, title VI, §602(e), Oct. 19, 1984, 98 Stat. 2536; Pub. L. 99–145, title XIII, §1303(b)(8), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101–189, div. A, title VI, §622(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 103–160, div. A, title VI, §622(a), Nov. 30, 1993, 107 Stat. 1683.)
Revised section | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
405 | 37:253(b). | Oct. 12, 1949, ch. 681, §303(b), 63 Stat. 814. |
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.
Amendments1993—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, §602(e)(1), designated first two sentences of existing section as subsec. (a).
Subsec. (b). Pub. L. 98–525, §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, §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 1993 AmendmentSection 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) 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 AmendmentSection 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 AmendmentAmendment 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 an Effective Date note under section 403a of this title.
Effective Date of 1979 AmendmentSection 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 ReferencesAssimilation 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 SectionsThis section is referred to in sections 403, 403a, 406, 411, 420, 1003 of this title; title 2 section 906; title 5 section 4109; title 36 section 121.
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