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37 U.S.C. § 418 — Clothing allowance: enlisted members

Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 418 — Clothing allowance: enlisted members

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Source file: Laws/federal/codes/united-states-code/title-37/section-418-clothing-allowance-enlisted-members--d4f2314492.md
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Source location: Title 37, Chapter 7, § 418; chapter-007-allowances-other-than-travel-and-transportation-allowances.md

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**(a)** The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him. **(b)** In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under [section 709 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709&num=0&edition=prelim), the Secretary of Defense shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform. **(c)** A uniform allowance may not be paid, and uniforms may not be furnished, under [section 1593 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1593&num=0&edition=prelim) or [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim) to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section. **(d)** (1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear. (2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall— (A) procure athletic footwear that complies with the requirements of [section 4862 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4862&num=0&edition=prelim), without regard to the applicability of any simplified acquisition threshold under chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3016&num=0&edition=prelim)) (or any other provision of law); and (B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training. (3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear— (A) is medically required to meet unique physiological needs of the member; and (B) cannot be met with athletic footwear that complies with the requirements of this subsection. (4) This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, the Marine Corps, or the Space Force upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear. (5) The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts.

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Federal law — U.S. Code and appendices · legal_authorities

32 U.S.C. § 709 — Technicians: employment, use, status

**(a)** Under regulations prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, and subject to subsections (b) and (c), persons may be employed as technicians in— (1) the organizing, administering, instructing, or training of the National Guard; (2) the maintenance and repair of supplies issued to the National Guard or the armed forces; and (3) the performance of the following additional duties to the extent that the performance of those duties does not interfere with the performance of the duties described by paragraphs (1) and (2): (A) Support of operations or missions undertaken by the technician’s unit at the request of the President or the Secretary of Defense. (B) Support of Federal training operations or Federal training missions assigned in whole or in part to the technician’s unit. (C) Instructing or training in the United States or the Commonwealth of Puerto Rico or possessions of the United States of— (i) active-duty members of the armed forces; (ii) members of foreign military forces (under the same authorities and restrictions applicable to active-duty members providing such instruction or training); (iii) Department of Defense contractor personnel; or (iv) Department of Defense civilian employees. **(b)** Except as authorized in subsection (c), a person employed under subsection (a) must meet each of the following requirements: (1) Be a military technician (dual status) as defined in [section 10216(a) of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section10216/a&num=0&edition=prelim). (2) Be a member of the National Guard. (3) Hold the military grade specified by the Secretary concerned for that position. (4) While performing duties as a militar

Source: Supplied U.S. Code snapshot — release unconfirmed · 32 U.S.C. § 709

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3016 — Chapter 137 legacy provisions

In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3016

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5901 — Uniform allowances

**(a)** There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a showing of necessity or desirability, such sums as may be necessary to carry out this subchapter. The head of the agency concerned, out of funds made available by the appropriation, shall— (1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or (2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902). The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under [section 5903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5903&num=0&edition=prelim). When the agency pays direct to the uniform vendor, the head of the agency may deduct a service charge of not more than 4 percent. **(b)** When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section. **(c)** An allowance paid under this section is not wages within the meaning of [section 409 of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section409&num=0&edition=prelim) or chapters 21 and 24 of title 26.

Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5901

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 4862 — Requirement to buy certain articles from American sources; exceptions

**(a) Requirement.—** Except as provided in subsections (c) through (h), funds appropriated or otherwise available to the Department of Defense may not be used for the procurement of an item described in subsection (b) if the item is not grown, reprocessed, reused, or produced in the United States. **(b) Covered Items.—** An item referred to in subsection (a) is any of the following: (1) An article or item of— (A) food; (B) clothing and the materials and components thereof, other than sensors, electronics, or other items added to, and not normally associated with, clothing (and the materials and components thereof); (C) tents (and the structural components thereof), tarpaulins, or covers; (D) cotton and other natural fiber products, woven silk or woven silk blends, spun silk yarn for cartridge cloth, synthetic fabric or coated synthetic fabric (including all textile fibers and yarns that are for use in such fabrics), canvas products, or wool (whether in the form of fiber or yarn or contained in fabrics, materials, or manufactured articles); or (E) any item of individual equipment manufactured from or containing such fibers, yarns, fabrics, or materials. (2) Hand or measuring tools. (3) Stainless steel flatware. (4) Dinnerware. (5) A flag of the United States. **(c) Availability Exception.—** Subsection (a) does not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of any such article or item described in subsection (b) grown, reprocessed, reused, or produced in the United States cannot be procured as and when needed at United States market prices. **(d) Exception for Certain Procurements.—** Subsection (a) does not apply to the follow

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 4862

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 1593 — Uniform allowance: civilian employees

**(a) Allowance Authorized.—** (1) The Secretary of Defense may pay an allowance to each civilian employee of the Department of Defense who is required by law or regulation to wear a prescribed uniform in the performance of official duties. (2) In lieu of providing an allowance under paragraph (1), the Secretary may provide a uniform to a civilian employee referred to in such paragraph. (3) This subsection shall not apply with respect to a civilian employee of the Defense Intelligence Agency who is entitled to an allowance under [section 1622 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1622&num=0&edition=prelim). **(b) Amount of Allowance.—** Notwithstanding [section 5901(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/a&num=0&edition=prelim), the amount of an allowance paid, and the cost of uniforms provided, under subsection (a) to a civilian employee may not exceed $400 per year (or such higher maximum amount as the Secretary of Defense may by regulation prescribe). **(c) Treatment of Allowance.—** An allowance paid, or uniform provided, under subsection (a) shall be treated in the same manner as is provided in [section 5901(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901/c&num=0&edition=prelim) for an allowance paid under that section. **(d) Use of Appropriated Funds for Allowance.—** Amounts appropriated annually to the Department of Defense for the pay of civilian employees may be used for uniforms, or for allowance for uniforms, as authorized by this section and [section 5901 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5901&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1593

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 101 — Definitions

**(a) In General.—** The following definitions apply in this title: (1) The term “United States”, in a geographic sense, means the States and the District of Columbia. (2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.] (3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth. (4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. (5) The term “uniformed services” means— (A) the armed forces; (B) the commissioned corps of the National Oceanic and Atmospheric Administration; and (C) the commissioned corps of the Public Health Service. (6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments. (7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government. (8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force. (9) The term

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 101

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 907 — Enlisted members and warrant officers appointed as officers: pay and allowances stabilized

**(a)** An enlisted member who accepts an appointment as an officer shall, for service as an officer, be paid the greater of— (1) the pay and allowances to which the officer is entitled as an officer; or (2) the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. **(b)** A warrant officer who accepts an appointment as a commissioned officer in a pay grade above W–4 shall, for service as such a commissioned officer, be paid the greater of— (1) the pay and allowances to which the officer is entitled as such a commissioned officer; (2) the pay and allowances to which the officer would be entitled if the officer were in the last warrant officer grade the officer held before the appointment as such a commissioned officer; or (3) in the case of an officer who was formerly an enlisted member, the pay and allowances to which the officer would be entitled if the officer were in the last enlisted grade the officer held before the appointment as an officer. **(c)** For the purposes of this section— (1) the pay and allowances of a grade formerly held by an officer include— (A) subject to subsection (d), special and incentive pays under chapter 5 of this title; and (B) subject to subsection (e), allowances under chapter 7 of this title; and (2) the rates of pay and allowances of a grade which an officer formerly held are those to which the officer would have been entitled had the officer remained in that grade and continued to receive the increases in pay and allowances authorized for that grade, as otherwise provided in this title. **(d)** (1) In determining the amount of the pay and allowances of a grade formerly held by an officer, the following special and

Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 907

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Federal law — U.S. Code and appendices · legal_authorities

6 U.S.C. § 122 — Executive department; mission

**(a) Establishment** There is established a Department of Homeland Security, as an executive department of the United States within the meaning of title 5. **(b) Mission** (1) **In general** — The primary mission of the Department is to— (A) prevent terrorist attacks within the United States; (B) reduce the vulnerability of the United States to terrorism; (C) minimize the damage, and assist in the recovery, from terrorist attacks that do occur within the United States; (D) carry out all functions of entities transferred to the Department, including by acting as a focal point regarding natural and manmade crises and emergency planning; (E) ensure that the functions of the agencies and subdivisions within the Department that are not related directly to securing the homeland are not diminished or neglected except by a specific explicit Act of Congress; (F) ensure that the overall economic security of the United States is not diminished by efforts, activities, and programs aimed at securing the homeland; (G) ensure that the civil rights and civil liberties of persons are not diminished by efforts, activities, and programs aimed at securing the homeland; and (H) monitor connections between illegal drug trafficking and terrorism, coordinate efforts to sever such connections, and otherwise contribute to efforts to interdict illegal drug trafficking. (2) **Responsibility for investigating and prosecuting terrorism** — Except as specifically provided by law with respect to entities transferred to the Department under this chapter, primary responsibility for investigating and prosecuting acts of terrorism shall be vested not in the Department, but rather in Federal, State, and local law enforcement agencies with jurisdiction over the acts in question.

Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 122

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Federal law — U.S. Code and appendices · legal_authorities

37 U.S.C. § 418 — Clothing allowance: enlisted members

Page 186 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 418 Editorial Notes AMENDMENTS 2002—Subsecs. (a), (b). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 1996—Subsec. (d). Pub. L. 104–106 added subsec. (d). 1991—Subsec. (c). Pub. L. 102–25 struck out ‘‘of this section’’ after ‘‘subsections (a) and (b)’’. 1968—Subsecs. (a), (b). Pub. L. 90–623 substituted ‘‘Secretary of Transportation’’ for ‘‘Secretary of the Treasury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees. § 418. Clothing allowance: enlisted members (a) The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an en- listed member of the armed forces or the Na- tional Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him. (b) In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the Secretary of De- fense shall take into account the req

Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 418

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