114 STAT. 1654A-160 PUBLIC LAW 106-398—APPENDIX the member and dependents occi^py temporary quarters incident to that change of permanent station. "(2) Paragraph (1) apphes to the following: "(A) A permanent change of station from any duty station to a duty station in the United States (other than Hawaii or Alaska). "(B) A permanent change of station from a duty station in the United States (other than Hawaii or Alaska) to a duty station outside the United States or in Hawaii or Alaska. "(C) In the case of an enlisted member who is reporting to the member's first permanent duty station, the change from the member's home of record or initial technical school to that first permanent duty station. "(b) PAYMENT IN ADVANCE.—The Secretary concerned may make any payment for subsistence expenses to a member under this section in advance of the member actually incurring the expenses. The amount of an advance payment made to a member shall be computed on the basis of the Secretary's determination of the average number of days that members and their dependents occupy temporary quarters under the circumstances applicable to the member and the member's dependents. "(c) MAXIMUM PAYMENT PERIOD. —(1) In the case of a change of permanent station described in subparagraph (A) or (C) of subsection (a)(2), the period for which subsistence expenses are to be paid or reimbursed under this section may not exceed 10 days. "(2) In the case of a change of permanent station described in subsection (a)(2)(B)— "(A) the period for which such expenses are to be paid or reimbursed under this section may not exceed five days; and "(B) such payment or reimbursement may be provided only for expenses incurred before leaving the United States (other than Hawaii or Alaska).". (b) PER DIEM. — Section 405 of such title 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 "(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 United States or in Hawaii or Alaska, 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.".
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