In subsection (a), the words "that post" are substituted for the words "such designated posts of duty". In clauses (2) and (3), the words "called or" are inserted to conform to the second phrase of clause (2). The word "competent" is omitted as surplusage.

In subsection (b), the words "The Secretaries concerned" are substituted for the words "The respective Secretaries concerned" to conform to other subsections of the source statute.

In subsection (c)(1), the words "under chapter 61 of title 10" are inserted for clarity. In clause (2), the words "under any other law" are substituted for the words "for any other reason".

In subsection (d), the words "may not be more than one of the following" are substituted for the words "shall be limited to one of the following". The words "or to be established" and "existing" are omitted, since this section, being permanent law, is consistently applicable in the present and does not speak only as of the date of its enactment. The words "of the Army" are substituted for the words "Department of the Army" after the words "Chief of Finance" to conform to section 3036(a)(5) of title 10. The words "under clause (1) of this subsection" are substituted for the words "pursuant to existing law".

In subsection (e), the words "Fleet Logistic Air Wings" are substituted for the words "Fleet Logistics Support Unit" to reflect present terminology.

In subsection (f), the words "under this section" are substituted for the words "under conditions authorized herein". The words "on the member's" are inserted for clarity.

Codification

Pub. L. 99–591 is a corrected version of Pub. L. 99–500.

Amendment of section by Pub. L. 99–500 and Pub. L. 99–591 is based on section 615(a) of S. 2638, Ninety-ninth Congress, as passed by the Senate on Aug. 9, 1986, which was enacted into permanent law by Pub. L. 99–500 and Pub. L. 99–591. S. 2638 was subsequently enacted as Pub. L. 99–661.

Prior Provisions

Provisions similar to those in subsec. (g) of this section were contained in the following appropriations acts:

Oct. 12, 1984, Pub. L. 98–473, title I, §101(h) [title VIII, §8053], 98 Stat. 1904, 1933.

Dec. 8, 1983, Pub. L. 98–212, title VII, §761, 97 Stat. 1449.

Dec. 21, 1982, Pub. L. 97–377, title I, §101(c) [title VII, §767], 96 Stat. 1833, 1861.

Dec. 29, 1981, Pub. L. 97–114, title VII, §771, 95 Stat. 1590.

Amendments

2018—Subsec. (d)(3). Pub. L. 115–232 inserted at end "The Secretary of a military department shall not alter the amount of the per diem allowance, or the maximum amount of reimbursement, for a locality based on the duration of the temporary duty assignment in the locality of a member of the armed forces under the jurisdiction of the Secretary."

2013—Subsec. (a)(6). Pub. L. 112–239, §621(a)(1), added par. (6).

Subsec. (f)(4). Pub. L. 112–239, §621(a)(2), added par. (4).

Subsec. (j). Pub. L. 112–239, §621(a)(3), inserted "(except subsection (a)(6))" after "In this section".

2011—Pub. L. 112–81, §631(d)(2), renumbered section 404 of this title as this section.

Subsec. (k). Pub. L. 112–81, §631(e)(1), added subsec. (k).

2001—Subsec. (d)(5). Pub. L. 107–107 added par. (5).

2000—Subsec. (b)(2). Pub. L. 106–398, §1 [[div. A], title X, §1087(b)(3)], substituted "section 403(f)(3)" for "section 402(e)".

Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 106–398, §1 [[div. A], title V, §571(f)], substituted "December 31, 2001" for "September 30, 2001".

1999—Subsec. (i)(1). Pub. L. 106–65, §631(a), inserted at end "If transient government housing is unavailable or inadequate, the Secretary concerned may provide the member with lodging in kind in the same manner as members entitled to such allowances under subsection (a)."

Subsec. (i)(3). Pub. L. 106–65, §631(b), inserted "and expenses of providing lodging in kind under such paragraph" after "paragraph (1)" and "Use of Government charge cards is authorized for payment of these expenses." at end.

Subsec. (i)(4). Pub. L. 106–65, §631(c), added par. (4).

1998—Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 105–261 substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".

1997—Subsecs. (g) to (k). Pub. L. 105–85 redesignated subsecs. (h) to (k) as (g) to (j), respectively, and struck out former subsec. (g) which read as follows: "In the case of an enlisted member who is in a travel status and not entitled to receive per diem in lieu of subsistence for any day (or portion of a day) because the member is furnished meals in a Government mess, the member may not be paid a basic allowance for subsistence for such day (or portion of such day) that the member is furnished meals in a Government mess."

1996—Subsec. (d)(1)(A). Pub. L. 104–106 struck out ", based on distances established over the shortest usually traveled route, under mileage tables prepared under the direction of the Secretary of Defense" after "section 5704 of title 5".

Subsec. (j)(1). Pub. L. 104–201 substituted "active duty for training" for "annual training duty".

1994—Subsec. (d)(1)(A). Pub. L. 103–337, §621, substituted "Secretary of Defense" for "Secretary of the Army".

Subsecs. (j), (k). Pub. L. 103–337, §622, added subsec. (j) and redesignated former subsec. (j) as (k).

1993—Subsecs. (c)(1)(C), (f)(2)(B)(v). Pub. L. 103–160 substituted "nine-year period" for "five-year period".

1992—Subsec. (e). Pub. L. 102–484 substituted "Air Mobility Command" for "Military Airlift Command" and "the Naval Aircraft Ferrying Squadrons, or any other unit determined by the Secretary concerned to be performing duties similar to the duties performed by such command or squadrons," for "or the Naval Aircraft Ferrying Squadrons,".

1991—Pub. L. 102–25 struck out "of this section", "of this subsection", and "of this paragraph" wherever appearing in subsecs. (a) to (d) and (f).

1990—Subsec. (c)(1). Pub. L. 101–510, §503(a)(1), added subpar. (C) and inserted "involuntarily separated," after "placed on that list," in concluding provisions.

Subsec. (f)(2)(B)(v). Pub. L. 101–510, §503(a)(2), added cl. (v).

Subsec. (j). Pub. L. 101–510, §503(a)(3), added subsec. (j).

1989—Subsec. (i). Pub. L. 101–189 added subsec. (i).

1987—Subsec. (d). Pub. L. 100–26, §8(a), terminated amendments by Pub. L. 99–500 and Pub. L. 99–591. See Termination of Amendments by Public Laws 99–500 and 99–591 note below.

Subsec. (d)(1)(A). Pub. L. 100–26, §8(d)(6), substituted "privately owned" for "privately-owned".

Subsec. (h). Pub. L. 100–180 added subsec. (h).

1986—Subsec. (d). Pub. L. 99–500 and Pub. L. 99–591 substituted "Subject to paragraph (2), transportation" for "Transportation" in par. (1)(B) and "subparagraph (A) of this paragraph" for "clause (1) of this subsection" in par. (1)(C) and added pars. (2), (4), and (5), and redesignated former par. (2) as (3) and substituted "Except as provided in paragraph (4) of this subsection and under" for "Under". See Termination of Amendments by Public Laws 99–500 and 99–591 note below.

Subsec. (d)(1)(B). Pub. L. 99–661, §614(a)(1), (2), substituted "payment in lieu of subsistence as provided in paragraph (2) of this subsection in an amount sufficient" for "per diem in place of subsistence in an amount not more than $50 determined by the Secretaries concerned to be sufficient" and struck out "to be" after "travel is".

Subsec. (d)(1)(C). Pub. L. 99–661, §1343(b)(2), substituted "subparagraph (A) of this paragraph" for "clause (1) of this subsection".

Subsec. (d)(2) to (4). Pub. L. 99–661, §614(a)(3), added pars. (2) to (4) and struck out former par. (2) which read as follows: "Under regulations prescribed by the Secretaries concerned, when either travel is to an area designated as a high cost area in those regulations or the per diem of paragraph (1)(B) of this subsection is less than the amount of the actual and necessary expenses required by the unusual circumstances of the travel assignment, reimbursement may be authorized for actual and necessary expenses, but not for more than $75 for each day in a travel status."

1985—Subsec. (d). Pub. L. 99–145 substituted par. (1) for first sentence, designated second sentence as par. (2), and in par. (2) substituted "paragraph (1)(B)" for "clause (2)". Prior to amendment, first sentence read as follows: "The travel and transportation allowances authorized for each kind of travel may not be more than one of the following—

"(1) transportation in kind, reimbursement therefor, or a monetary allowance in place of the cost of transportation at a rate per mile prescribed by the Secretaries concerned and based on distances established, over the shortest usually traveled route, under mileage tables prepared under the direction of the Secretary of the Army;

"(2) transportation in kind, reimbursement therefor, or a monetary allowance as provided by clause (1) of this subsection plus a per diem in place of subsistence in an amount sufficient to meet actual and necessary expenses, but in no event more than $50 a day; or

"(3) a mileage allowance at a rate per mile prescribed by the Secretaries concerned and based on distances established under clause (1) of this subsection."

1984—Subsec. (a)(5). Pub. L. 98–525, §613(a), added par. (5).

Subsec. (c)(1)(B). Pub. L. 98–525, §533(g), inserted "separation pay or" before "severance pay" and before "readjustment pay".

Subsec. (g). Pub. L. 98–525, §1402(c), added subsec. (g).

1983—Subsec. (f)(3). Pub. L. 98–94 added par. (3).

1981—Subsec. (a). Pub. L. 97–60, §121(a)(1), substituted "Except as provided in subsection (f) of this section and under regulations" for "Under regulations".

Subsec. (b). Pub. L. 97–60, §121(a)(2), designated existing provisions as par. (1), redesignated existing pars. (1) and (2) as subpars. (A) and (B) of the newly designated par. (1), and added par. (2).

Subsec. (c). Pub. L. 97–60, §121(a)(3), designated existing provisions as par. (1) and existing pars. (1) and (2) as subpars. (A) and (B) of the newly designated par. (1), inserted "and as provided in paragraph (2) of this subsection" after "Secretaries concerned" in provisions preceding newly designated subpar. (A), and added par. (2).

Subsec. (f). Pub. L. 97–60, §121(a)(4), designated existing provisions as par. (1), substituted "for a member who is separated from the service or released from active duty may be paid or provided only for travel actually performed" for "may be paid on the member's separation from the service or release from active duty, whether or not he performs the travel involved" in par. (1) as so designated, and added par. (2).

1980—Subsec. (d). Pub. L. 96–343, §5(a), substituted in par. (1) "per mile prescribed by the Secretaries concerned and" for "that is not more than 7 cents a mile", and in par. (3) "at a rate per mile prescribed by the Secretaries concerned and" for "of not more than 10 cents a mile".

Pub. L. 96–342 substituted in par. (2) "$50" for "$35" and in provision following par. (3) "$75" for "$50".

1976—Subsec. (d). Pub. L. 94–296 in cl. (2) substituted "in an amount sufficient to meet actual and necessary expenses, but in no event more than $35 a day" for "of not more than $25 a day", and in text following cl. (3) inserted provisions relating to travel designated as travel to a high cost area by the prescribed regulations and increased the maximum reimbursement from $40 to $50.

1969—Pub. L. 91–183 increased from $16 to $25, the maximum per diem allowance, and from $30 to $40, the maximum per diem allowance in unusual circumstances.

1967—Subsec. (a)(4). Pub. L. 90–168 added cl. (4).

1966—Subsec. (c). Pub. L. 89–680 inserted into the authorization for selection of a home for the purposes of the travel and transportation allowances authorized by subsection (a) of this section provisions requiring selection not later than one year from the date of retirement, placement, discharge, or release, except as provided in regulations to be prescribed by the Secretaries concerned.

Subsec. (d). Pub. L. 89–718, §55, struck out reference to the Chief of Finance of the Army in cl. (1), substituted "subsection" for "section" and "$16" for "$12" in cl. (2), substituted "subsection" for "section" in cl. (3), and inserted provision authorizing reimbursement on an actual expenses basis where, due to unusual circumstances of a travel assignment, per diem reimbursement is not enough, but placing a limit of $30 for each day in a travel status.

Subsec. (e). Pub. L. 89–718, §56, substituted "Military Airlift Command" for "Military Air Transport Service".

Effective Date of 1997 Amendment

Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 602(g) of Pub. L. 105–85, set out as a note under section 402 of this title.

Effective Date of 1989 Amendment

Pub. L. 101–189, div. A, title VI, §621(b), Nov. 29, 1989, 103 Stat. 1446, provided that: "The amendment made by subsection (a) [amending this section] shall apply with respect to travel and transportation commenced after the date of the enactment of this Act [Nov. 29, 1989]."

Effective Date of 1987 Amendment

Amendment by Pub. L. 100–180 applicable with respect to travel performed after Dec. 4, 1987, see section 617(c) of Pub. L. 100–180, set out as an Effective Date note under section 1591 of Title 10, Armed Forces.

Effective Date of 1986 Amendment

Pub. L. 100–180, div. A, title VI, §612(b)(1), Dec. 4, 1987, 101 Stat. 1093, provided that: "The amendments made by section 614(a) of the National Defense Authorization Act for Fiscal Year 1987 [section 614(a) of Pub. L. 99–661, which amended this section] shall be implemented by the Secretaries concerned (as defined in section 101(5) of title 37, United States Code) not later than 90 days after the date of the enactment of this Act [Dec. 4, 1987] and shall apply with respect to travel performed on or after the date of implementation."

Pub. L. 99–661, div. A, title VI, §614(b), Nov. 14, 1986, 100 Stat. 3879, which provided that amendments made by section 614(a) of Pub. L. 99–661 shall become effective on such date as the President makes a certification regarding savings to the United States by such amendments, was repealed by Pub. L. 100–180, div. A, title VI, §612(a), Dec. 4, 1987, 101 Stat. 1093.

Effective Date of 1985 Amendment

Pub. L. 99–145, title VI, §612(c), Nov. 8, 1985, 99 Stat. 640, provided that: "The amendments made by this section [amending this section and section 406 of this title] shall apply to travel performed after September 30, 1985."

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, §613(b), Oct. 19, 1984, 98 Stat. 2540, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to travel performed after September 30, 1984."

Amendment by section 1402(c) of Pub. L. 98–525 effective Oct. 1, 1985, see section 1404 of Pub. L. 98–525, set out as a note under section 520b of Title 10, Armed Forces.

Effective Date of 1981 Amendment

Pub. L. 97–60, title I, §121(d), Oct. 14, 1981, 95 Stat. 1002, 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:

"(1) Except as provided in paragraphs (2), (3), (4), and (5), the amendments made by this section [amending this section and sections 405a and 406 of this title] shall take effect on November 1, 1981, and shall apply to members who are separated from the service or released from active duty on or after November 1, 1981.

"(2) Paragraph (2) of section 474(b) of title 37, United States Code, as added by subsection (a)(2)(C), shall apply to travel performed after October 31, 1981.

"(3) Paragraph (3) of section 476(a) of title 37, United States Code, as added by subsection (b)(1)(C), shall take effect on the date of the enactment of this Act [Oct. 14, 1981].

"(4) The amendments made by subsections (a)(3) and (b)(3) [amending this section and section 406 of this title] shall take effect on November 1, 1981, and shall apply to members who are retired, placed on the temporary disability retired list, discharged, or involuntarily released on or after November 1, 1981, except that such amendments shall not apply to any member who before November 1, 1981, had completed eighteen years of active service.

"(5) The amendment made by subsection (b)(2)(C) [amending section 406 of this title] shall take effect on the date of the enactment of this Act [Oct. 14, 1981]."

Effective Date of 1980 Amendment

Pub. L. 96–343, §5(c), Sept. 8, 1980, 94 Stat. 1126, provided that: "The amendments made by this section [amending this section and section 411 of this title] shall be effective with respect to travel and transportation performed after August 31, 1980."

Pub. L. 96–342, title VIII, §807(b), Sept. 8, 1980, 94 Stat. 1096, provided that: "The amendments made by subsection (a) [amending this section] shall only apply to travel and transportation expenses incurred after September 30, 1980."

Effective Date of 1976 Amendment

Pub. L. 94–296, §2, May 29, 1976, 90 Stat. 584, provided that: "The amendments made by this Act [amending this section] become effective on the first day of the first calendar month following the date of enactment [May 29, 1976]."

Effective Date of 1967 Amendment

Amendment by Pub. L. 90–168 effective on first day of first calendar month following Dec. 1, 1967, see section 7 of Pub. L. 90–168, set out as a note under section 138 of Title 10, Armed Forces.

Termination of Amendments by Public Laws 99–500 and 99–591

Pub. L. 100–26, §8(a), Apr. 21, 1987, 101 Stat. 284, as amended by Pub. L. 100–180, div. A, title VI, §612(b)(2), Dec. 4, 1987, 101 Stat. 1093; 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 amendments made to section 474(d) of title 37, United States Code, by section 614(a) of the Defense Authorization Act [section 614(a) of Pub. L. 99–661] shall be executed as if that portion of section 9073 of the Defense Appropriations Act [section 101(c) [title IX, §9073] of Pub. L. 99–500 and Pub. L. 99–591, enacting S.2638, §615, which amended subsec. (d) of this section and enacted a provision set out as a note under this section] which is before the proviso had not been enacted. Such portion of section 9073 which is before the proviso shall not be in effect after the date of the enactment of this Act [Apr. 21, 1987], and the reference to 'this section' in such proviso shall be deemed to refer to section 614 of the Defense Authorization Act."

Repeal of Policy and Regulation

Pub. L. 115–232, div. A, title VI, §603(c)(1), Aug. 13, 2018, 132 Stat. 1795, provided that: "The policy, and any regulations issued pursuant to such policy, implemented by the Secretary of Defense on November 1, 2014, with respect to reductions in per diem allowances based on duration of temporary duty assignment or civilian travel shall have no force or effect."

Modification of Flat Rate Per Diem Requirement for Personnel on Long-Term Temporary Duty Assignments

Pub. L. 114–328, div. A, title VI, §672, Dec. 23, 2016, 130 Stat. 2178, which related to waiver of reduced flat rate per diem for meals and incidental expenses for long-term temporary duty assignments, was repealed by Pub. L. 115–232, div. A, title VI, §603(c)(2), Aug. 13, 2018, 132 Stat. 1795.

Transmission of Certification of Travel and Transportation Allowances to Congress With Respect to Fiscal Year 1987

Section 615(b) of S. 2638, as passed by the Senate on Aug. 9, 1986, and as enacted into law by section 101(c) [title IX, §9073] of Pub. L. 99–500 and Pub. L. 99–591, related to transmission to Congress by Secretary of Defense of certification of costs of travel and transportation allowances for fiscal year 1987. See Termination of Amendments by Public Laws 99–500 and 99–591 note above.

Increase in Rate Per Mile for Mileage Allowance

Pub. L. 98–473, title I, §101(h) [title VIII, §8113], Oct. 12, 1984, 98 Stat. 1904, 1944, 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 Secretaries concerned (as defined in section 101(5) of title 37, United States Code), under uniform regulations prescribed by them and to the extent that funds are available within the permanent change of station travel account, may increase the rate per mile for mileage allowance under section 474(d)(2) of title 37, United States Code, to 15 cents per mile."

1962 Increase in Per Diem Rates; Reimbursement for Actual Expenses Incident to Travel

The increase from $12 to $16 in the per diem allowance and the provision for reimbursement for actual expenses incident to travel up to $30 per day provided in the amendment of subsec. (d) of this section by Pub. L. 89–718 had already been put into effect by Pub. L. 87–500, §§1, 2, June 27, 1962, 76 Stat. 111, which although not amending subsec. (d) of this section, had raised the per diem allowance and provided for the reimbursement for actual expenses up to $30 per day through the device of effecting an amendment to section 303(a) of the Career Compensation Act of 1949, act Oct. 12, 1949, ch. 681, title III, 63 Stat. 813. Pub. L. 89–500 was repealed by section 75(3) of Pub. L. 89–718, except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before November 2, 1966.