37 U.S.C. § 405

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.

Editorial Notes

Prior Provisions

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

Amendments

Pub. L. 116–283, § 604(a)(1)section 475 of this title2021—, renumbered as this section.

Pub. L. 116–283, § 604(a)(2)Subsec. (f). , 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.”

Pub. L. 112–81, § 631(d)(2)section 405 of this title2011—, renumbered as section 475.

Pub. L. 112–81, § 631(e)(4)Subsec. (f). , added subsec. (f).

Pub. L. 109–163, § 612(b)(1)2006—Subsec. (d). , substituted “Unusual or Extraordinary” for “Nonrecurring” in heading.

Pub. L. 109–163, § 612(b)(1)Subsec. (d)(1). , (3)(A), in introductory provisions, inserted “or (e)” after “subsection (a)” and substituted “an unusual or extraordinary” for “a nonrecurring”.

Pub. L. 109–163, § 612(b)(3)(B)Subsec. (d)(1)(A). , inserted “or the location of the member’s dependents” before semicolon.

Pub. L. 109–163, § 612(b)(2)Subsec. (d)(1)(C), (2). , inserted “or (e)” after “subsection (a)”.

Pub. L. 109–163, § 612(a)Subsec. (e). , added subsec. (e).

Pub. L. 108–375, § 605(b)(2)2004—, amended section catchline generally, substituting “continental United States” for “United States or in Hawaii or Alaska”.

Pub. L. 108–375, § 605(b)(1)Subsec. (a). , substituted “outside of the continental United States” for “outside of the United States or in Hawaii or Alaska”.

Pub. L. 108–375, § 605(a)Subsec. (d). , added subsec. (d).

Pub. L. 106–3982000— 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.

Pub. L. 105–2611998—Subsec. (c). 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).

Pub. L. 105–851997—Subsecs. (b) to (d). 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.”

Pub. L. 103–1601993—Subsec. (d). 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).”

Pub. L. 101–1891989—Subsec. (d). added subsec. (d).

Pub. L. 99–1451985— inserted “the” after “outside” in section catchline.

Pub. L. 98–525, § 602(e)(1)1984—Subsec. (a). , designated first two sentences of existing section as subsec. (a).

Pub. L. 98–525, § 602(e)(2)Subsec. (b). , (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.”

Pub. L. 98–525, § 602(e)(4)Subsec. (c). , designated last sentence of existing section as subsec. (c).

Pub. L. 96–1071979— inserted provisions relating to advance payment of station housing allowances.

Pub. L. 91–4861970— inserted provision authorizing a station housing allowance.

Pub. L. 89–7181966— substituted “the” for “a” after “including”.

Statutory Notes and Related Subsidiaries

Effective Date of 1997 Amendment

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

Effective Date of 1993 Amendment

Pub. L. 103–160, div. A, title VI, § 622(b)Nov. 30, 1993107 Stat. 1683 Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B)Dec. 31, 2011125 Stat. 1465 Pub. L. 112–239, div. A, title X, § 1076(a)(9)Jan. 2, 2013126 Stat. 1948

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VI, § 622(b)Nov. 29, 1989103 Stat. 1447

Effective Date of 1984 Amendment

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

Effective Date of 1979 Amendment

Pub. L. 96–107, title VIII, § 807(b)Nov. 9, 197993 Stat. 814