ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

37 U.S.C. § 405 — Travel and transportation allowances: per diem while on duty outside the continental United States

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 398 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary concerned may pay a per diem to service members on duty outside the continental United States. The per diem covers living costs like housing and food, but ignores dependents' costs while a member travels. The Secretary may also reimburse unusual extra expenses tied to the assignment, even for dependents living overseas.

(a) Per Diem Authorized. The Secretary in charge of a service branch may pay a per diem to a member of the uniformed services on duty outside the continental United States. This applies whether or not the member is officially traveling. The Secretary may pay this per diem in advance, before it is earned. (b) Determination of Per Diem. When deciding how much per diem to pay, the Secretary must look at the full cost of living for members and their dependents. This includes housing, food, and other necessary expenses. But if a member is in travel status, the Secretary cannot count the member's dependents when setting that per diem. (c) Treatment of Housing Cost and Allowance. When the Secretary sets a cost-of-living rate for a duty station, housing costs and allowances can be left out of the calculation. (d) Unusual or Extraordinary Expenses. The Secretary may repay a member for an unusual or extraordinary expense connected to duty under (a) or (e). To qualify, the expense must be directly tied to the duty's conditions or location, or to where the member's dependents live. It must be larger or different from what members inside the continental United States normally pay. And it must not already be covered by the per diem under (b). Any such repayment comes on top of the regular per diem — it does not replace it. (e) Payment Based on Overseas Location of Dependents. If a member is stationed inside the continental United States but the member's dependents still live overseas, the Secretary may pay the member a per diem based on where the dependents live. The Secretary may also repay unusual or extraordinary expenses the dependents incur. This is allowed only if the Secretary decides it serves the best interest of the member, the member's dependents, and the United States.
the actual law source: uscode.house.gov ↗public domain
(a)Per Diem Authorized.—

Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member of the uniformed services who is on duty outside of the continental United States, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.

(b)Determination of Per Diem.—

In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretary’s jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.

(c)Treatment of Housing Cost and Allowance.—

Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section.

(d)Unusual or Extraordinary Expenses.—
(1)

The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) or (e) for an unusual or extraordinary expense incurred by the member incident to such duty that—

(A)

is directly related to the conditions or location of the duty or the location of the member’s dependents;

(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) or (e).

(2)

Any reimbursement provided to a member under paragraph (1) is in addition to a per diem payable to that member under subsection (a) or (e).

(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.

Source credit: (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 473, § 405; 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; Pub. L. 105–85, div. A, title VI, § 603(c)(2), Nov. 18, 1997, 111 Stat. 1781; Pub. L. 105–261, div. A, title VI, § 603(b), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–398, § 1 [[div. A], title VI, § 641(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–160; Pub. L. 108–375, div. A, title VI, § 605(a), (b)(1), (2), Oct. 28, 2004, 118 Stat. 1945; Pub. L. 109–163, div. A, title VI, § 612, Jan. 6, 2006, 119 Stat. 3291; renumbered § 475 and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(4), Dec. 31, 2011, 125 Stat. 1460, 1462; renumbered § 405 and amended Pub. L. 116–283, div. A, title VI, § 604(a), Jan. 1, 2021, 134 Stat. 3672.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 473
  • 1966Amended · Pub. L. 89-718 · 80 Stat. 1123
  • 1970Amended · Pub. L. 91-486 · 84 Stat. 1085
  • 1979Amended · Pub. L. 96-107 · 93 Stat. 813
  • 1984Amended · Pub. L. 98-525 · 98 Stat. 2536
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 741
  • 1989Amended · Pub. L. 101-189 · 103 Stat. 1446
  • 1993Amended · Pub. L. 103-160 · 107 Stat. 1683
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1781
  • 1998Amended · Pub. L. 105-261 · 112 Stat. 2037
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2004Amended · Pub. L. 108-375 · 118 Stat. 1945
  • 2006Amended · Pub. L. 109-163 · 119 Stat. 3291
  • 2011Amended · Pub. L. 112-81 · 125 Stat. 1460, 1462
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3672

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case