§405 Travel and transportation allowances: per diem while on duty outside the continental United States

Revised sectionSource (U.S. Code)Source (Statutes at Large) 40537:253(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.

A prior section 405 was renumbered section 475 of this title prior to being renumbered again as this section.

2021—Pub. L. 116–283, § 604(a)(1), renumbered section 475 of this title as this section. Subsec. (f). Pub. L. 116–283, § 604(a)(2), struck out subsec. (f). Text read as follows: “During and after the travel authorities expiration date, no per diem may be paid under this section for any period.” 2011—Pub. L. 112–81, § 631(d)(2), renumbered section 405 of this title as section 475. Subsec. (f). Pub. L. 112–81, § 631(e)(4), added subsec. (f). 2006—Subsec. (d). Pub. L. 109–163, § 612(b)(1), substituted “Unusual or Extraordinary” for “Nonrecurring” in heading. Subsec. (d)(1). Pub. L. 109–163, § 612(b)(1), (3)(A), in introductory provisions, inserted “or (e)” after “subsection (a)” and substituted “an unusual or extraordinary” for “a nonrecurring”. Subsec. (d)(1)(A). Pub. L. 109–163, § 612(b)(3)(B), inserted “or the location of the member’s dependents” before semicolon. Subsec. (d)(1)(C), (2). Pub. L. 109–163, § 612(b)(2), inserted “or (e)” after “subsection (a)”. Subsec. (e). Pub. L. 109–163, § 612(a), added subsec. (e). 2004—Pub. L. 108–375, § 605(b)(2), amended section catchline generally, substituting “continental United States” for “United States or in Hawaii or Alaska”. Subsec. (a). Pub. L. 108–375, § 605(b)(1), substituted “outside of the continental United States” for “outside of the United States or in Hawaii or Alaska”. Subsec. (d). Pub. L. 108–375, § 605(a), added subsec. (d). 2000—Pub. L. 106–398 amended section generally. Prior to amendment, section authorized payment of a per diem to members of the uniformed services on duty outside of the United States or in Hawaii or Alaska and specified what elements were to be considered in determining the per diem allowance. 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, § 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”.

of 1997 AmendmentAmendment 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.

of 1993 Amendment Pub. L. 103–160, div. A, title VI, § 622(b), Nov. 30, 1993, 107 Stat. 1683, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to nonrecurring expenses and currency fluctuation gains described in [former] section 475(d) of title 37, United States Code, that are incurred by members of the uniformed services on or after October 1, 1993.”

of 1989 Amendment Pub. L. 101–189, div. A, title VI, § 622(b), Nov. 29, 1989, 103 Stat. 1447, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to expenses incurred after August 31, 1990.”

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 a note under section 403 of this title.

of 1979 Amendment Pub. L. 96–107, title VIII, § 807(b), Nov. 9, 1979, 93 Stat. 814, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1979.”