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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 405

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 473, § 405

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 473, § 405

2. 1966

   Pub. L. 89–718 § 57 · 80 Stat. 1113

   Substituted · 37 U.S.C. § 405

   Pub. L. 89–718 substituted “the” for “a” after “including”

   Source evidence

   Code amendment note
   Pub. L. 89–718 substituted “the” for “a” after “including”.

   Enacted provision · exact public law section
   Sec. 57. Section 405 of title 37, United States Code, is amended by striking out “a” after “including” in the first sentence and inserting in place thereof “the”.

3. 1970

   Pub. L. 91–486 · 84 Stat. 1085

   Inserted · 37 U.S.C. § 405

   Pub. L. 91–486 inserted provision authorizing a station housing allowance

   Source evidence

   Code amendment note
   Pub. L. 91–486 inserted provision authorizing a station housing allowance.

4. 1979

   Department of Defense Authorization Act, 1980

   Pub. L. 96–107 title VIII § 807(a) · 93 Stat. 803

   Inserted · 37 U.S.C. § 405

   Pub. L. 96–107 inserted provisions relating to advance payment of station housing allowances

   Source evidence

   Code amendment note
   Pub. L. 96–107 inserted provisions relating to advance payment of station housing allowances.

   Enacted provision · exact public law section
   (a) Section 405 of title 37, United States Code, relating to allowances for members on duty outside the United States or in Alaska or Hawaii, is amended by inserting after the third sentence in such section the following new sentence: “A station housing allowance prescribed under this section may be paid in advance.”.

5. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 § 602(e)(1) · 98 Stat. 2492

   Amended · 37 U.S.C. § 405(a)

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

   Source evidence

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

   Enacted provision · exact public law section
   (1) by inserting “(a)” before “Without regard to”;

6. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 § 602(e)(2) · 98 Stat. 2492

   1. Inserted · 37 U.S.C. § 405(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”

   2. Inserted · 37 U.S.C. § 405(b)

      Pub. L. 98–525, § 602(e)(2), (3), 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.”

   Source evidence

   Code amendment note
   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.”

   Enacted provision · exact public law section
   (2) by designating the third sentence as subsection (b) and by inserting “for a member who is on duty outside of the United States” in such sentence after “under this section”;

7. 1984

   Department of Defense Authorization Act, 1985

   Pub. L. 98–525 § 602(e)(4) · 98 Stat. 2492

   Amended · 37 U.S.C. § 405(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (4) by designating the last sentence as subsection (c).

8. 1985

   Department of Defense Authorization Act, 1986

   Pub. L. 99–145 title XIII § 1303(b)(8) · 99 Stat. 583

   Inserted · 37 U.S.C. § 405

   Pub. L. 99–145 inserted “the” after “outside” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 99–145 inserted “the” after “outside” in section catchline.

   Enacted provision · exact public law section
   (8) The heading of section 405 is amended to read as follows: “§ 405. Travel and transportation allowances: per diem while on duty outside the United States or in Hawaii or Alaska”.

9. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 div. A title VI § 622(a) · 103 Stat. 1352

   Added · 37 U.S.C. § 405(d)

   Pub. L. 101–189 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 101–189 added subsec. (d).

   Enacted provision · exact public law section
   (a) Payments Authorized.— Section 405 of title 37, United States Code, is amended by adding at the end the following new subsection: “(d) 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).”.

10. 1993

    Pub. L. 103–160 div. A title VI § 622(a) · 107 Stat. 1547

    Amended · 37 U.S.C. § 405(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).”

    Source evidence

    Code amendment note
    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).”

    Enacted provision · exact public law section
    (a) Payment or Collection Authorized.— Section 405(d) of title 37, United States Code, is amended to read as follows: “(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).”.

11. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title VI § 603(c)(2) · 111 Stat. 1629

    1. Redesignated · 37 U.S.C. § 405(b)(d)

       Pub. L. 105–85 redesignated subsecs. (c) and (d) as (b) and (c), respectively

    2. Struck · 37 U.S.C. § 405(b)(d)

       Pub. L. 105–85 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) Section 405 of such title is amended— (A) by striking out subsection (b); and (B) by redesignating subsections (c) and (d) as subsections (b) and (c), respectively.

    Effective date note
    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.

12. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title VI § 603(b) · 112 Stat. 1920

    Struck · 37 U.S.C. § 405(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)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Section 405 of title 37, United States Code, is amended by striking out subsection (c).

13. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Amended · 37 U.S.C. § 405

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

14. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 605(b)(2) · 118 Stat. 1811

    1. Amended · 37 U.S.C. § 405

       Pub. L. 108–375, § 605(b)(2), amended section catchline generally

    2. Substituted · 37 U.S.C. § 405

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) The heading of such section is amended to read as follows: “§ 405. Travel and transportation allowances: per diem while on duty outside the continental United States” .

15. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 605(b)(1) · 118 Stat. 1811

    Substituted · 37 U.S.C. § 405(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) Subsection (a) of such section is amended by striking “outside of the United States or in Hawaii or Alaska” and inserting “outside of the continental United States”.

16. 2004

    Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005

    Pub. L. 108–375 § 605(a) · 118 Stat. 1811

    Added · 37 U.S.C. § 405(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Eligibility for Reimbursement.— Section 405 of title 37, United States Code, is amended by adding at the end the following new subsection: “(d) Nonrecurring Expenses.— (1) The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) for a nonrecurring expense incurred by the member incident to such duty that— “(A) is directly related to the conditions or location of the duty; “(B) is of a nature or a magnitude not normally incurred by members of the uniformed services on duty inside the continental United States; and “(C) is not included in the per diem determined under subsection (b) as payable to the member under subsection (a). “(2) Any reimbursement provided to a member under paragraph (1) is in addition to a per diem payable to that member under subsection (a).” .

17. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 612(b)(1) · 119 Stat. 3136

    Substituted · 37 U.S.C. § 405(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) in the subsection heading, by striking “Nonrecurring” and inserting “Unusual or Extraordinary”;

18. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 612(b)(1) · 119 Stat. 3136

    1. Inserted · 37 U.S.C. § 405(d)(1)

       Pub. L. 109–163, § 612(b)(1), (3)(A), in introductory provisions, inserted “or (e)” after “subsection (a)”

    2. Substituted · 37 U.S.C. § 405(d)(1)

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

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) in the subsection heading, by striking “Nonrecurring” and inserting “Unusual or Extraordinary”;

19. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 612(b)(3)(B) · 119 Stat. 3136

    Inserted · 37 U.S.C. § 405(d)(1)(A)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) in subparagraph (A), by inserting “or the location of the member’s dependents” before the semicolon.

20. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 612(b)(2) · 119 Stat. 3136

    Inserted · 37 U.S.C. § 405(d)(1)(C); 37 U.S.C. § 405(d)(1)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by inserting “or (e)” after “subsection (a)” each place it appears; and

21. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 612(a) · 119 Stat. 3136

    Added · 37 U.S.C. § 405(e)

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

    Source evidence

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

    Enacted provision · exact public law section
    (a) Payment of Allowance Based on Overseas Location of Dependents.— Section 405 of title 37, United States Code, is amended by adding at the end the following new subsection: “(e) Payment of Allowance Based on Overseas Location of Dependents.— In the case of a member assigned to duty inside the continental United States whose dependents continue to reside outside the continental United States, the Secretary concerned may pay the member a per diem under this section based on the location of the dependents and provide reimbursement under subsection (d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the member’s dependents and in the best interest of the United States.” .

22. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(d)(2) · 125 Stat. 1298

    Changed · 37 U.S.C. § 405

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

    Source evidence

    Code amendment note
    Pub. L. 112–81, § 631(d)(2), renumbered section 405 of this title as section 475.

    Enacted provision · exact public law section
    (2) Transfer of current chapter 7 authorities to subchapter iii.— Sections 404, 404a, 404b, 405, 405a, 406, 406a, 406b, 406c, 407, 408, 408a, 409, 410, 411, 411a through 411f, 411h through 411l, 428 through 432, 434, and 435 of such title are transferred (in that order) to chapter 8 of such title, as added by subsection (b), inserted after section 472, and redesignated as follows: Section:Redesignated Section: 404474 404a474a 404b474b 405475 405a475a 406476 406a476a 406b476b 406c476c 407477 408478 408a478a 409479 410480 411481 411a481a 411b481b 411c481c 411d481d 411e481e 411f481f 411h481h 411i481i 411j481j 411k481k 411l481l 428488 429489 430490 432492 434494 435495

23. 2011

    National Defense Authorization Act for Fiscal Year 2012

    Pub. L. 112–81 § 631(e)(4) · 125 Stat. 1298

    Added · 37 U.S.C. § 405(f)

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

    Source evidence

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

    Enacted provision · exact public law section
    (4) Section 475 is amended by adding at the end the following new subsection: “(f) Termination.— During and after the travel authorities expiration date, no per diem may be paid under this section for any period.” .

24. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 604(a)(1) · 134 Stat. 3388

    Changed · 37 U.S.C. § 405

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

    Source evidence

    Code amendment note
    Pub. L. 116–283, § 604(a)(1), renumbered section 475 of this title as this section.

    Enacted provision · exact public law section
    (1) Transfer to chapter 7.— Section 475 of title 37, United States Code, is transferred to chapter 7 of such title, inserted after section 403b, and redesignated as section 405.

25. 2021

    William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021

    Pub. L. 116–283 § 604(a)(2) · 134 Stat. 3388

    Struck · 37 U.S.C. § 405(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) Repeal of termination provision.— Section 405 of title 37, United States Code, as added by paragraph (1), is amended by striking subsection (f).

27 of 29 references resolved to an enrolled provision · 2 partial