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37 U.S.C. § 401 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
**(a) Dependent Defined.—** In this chapter, the term “dependent”, with respect to a member of a uniformed service, means the following persons:
(1) The spouse of the member.
(2) An unmarried child of the member who—
(A) is under 21 years of age;
(B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child’s support; or
(C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child’s support.
(3) A parent of the member if—
(A) the parent is in fact dependent on the member for more than one-half of the parent’s support;
(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and
(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.
(4) An unmarried person who—
(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months;
(B) either—
(i) has not attained the age of 21;
(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or
(iii) is incapable of self support because of a mental or physical incapac
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Source location: Title 37, Chapter 7, § 401; chapter-007-allowances-other-than-travel-and-transportation-allowances.md
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**(a) Dependent Defined.—** In this chapter, the term “dependent”, with respect to a member of a uniformed service, means the following persons:
(1) The spouse of the member.
(2) An unmarried child of the member who—
(A) is under 21 years of age;
(B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the child’s support; or
(C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the child’s support.
(3) A parent of the member if—
(A) the parent is in fact dependent on the member for more than one-half of the parent’s support;
(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and
(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.
(4) An unmarried person who—
(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months;
(B) either—
(i) has not attained the age of 21;
(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or
(iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii);
(C) is dependent on the member for over one-half of the person’s support;
(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and
(E) is not a dependent of a member under any other paragraph.
**(b) Other Definitions.—** For purposes of subsection (a):
(1) The term “child” includes—
(A) a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchild’s parent by blood);
(B) an adopted child of the member, including a child placed in the home of the member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member; and
(C) an illegitimate child of the member if the member’s parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned.
(2) The term “parent” means—
(A) a natural parent of the member;
(B) a stepparent of the member;
(C) a parent of the member by adoption;
(D) a parent, stepparent, or adopted parent of the spouse of the member; and
(E) any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age.
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Federal law — U.S. Code and appendices · legal_authorities
Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be discharged for hardship.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Notwithstanding section 701(b) of the Foreign Service Act of 1980 ([22 U.S.C. 4021(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4021/b&num=0&edition=prelim)) or any other provision of law, and under regulations to be prescribed by the Secretary of Defense or, with respect to the Coast Guard when it is not operating as a service in the Navy, the Secretary of Homeland Security, language training may be provided in—
(1) a facility of the Department of Defense;
(2) a facility of the George P. Shultz National Foreign Affairs Training Center established under section 701(a) of the Foreign Service Act of 1980 ([22 U.S.C. 4021(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section4021/a&num=0&edition=prelim)); or
(3) a civilian educational institution;
to a dependent of a member of the armed forces in anticipation of the member’s assignment to permanent duty outside the United States.
**(b)** In this section, the term “dependent” has the same meaning that it has under [section 401 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section401&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A disbursing official of the United States Government may—
(1) cash and negotiate negotiable instruments payable in United States currency or currency of a foreign country;
(2) exchange United States currency, coins, and negotiable instruments and currency, coins, and negotiable instruments of foreign countries; and
(3) cash checks drawn on the Treasury to accommodate United States citizens in a foreign country, but only if—
(A) satisfactory banking facilities are not available in the foreign country; and
(B) a check is presented by the payee who is a United States citizen.
**(b)** A disbursing official may act under subsection (a)(1) and (2) of this section only for the following:
(1) An official purpose.
(2) Personnel of the Government.
(3) A dependent of personnel of the Government, but only—
(A) at a United States installation at which adequate banking facilities are not available; and
(B) in the case of negotiation of negotiable instruments, if the dependent’s sponsor authorizes, in writing, the presentation of negotiable instruments to the disbursing official for negotiation.
(4) A veteran hospitalized or living in an institution operated by an agency.
(5) A contractor, or personnel of a contractor, carrying out a Government project.
(6) Personnel of an authorized agency not part of the Government that operates with an agency of the Government.
(7) A Federal credit union (as defined in section 101(1) of the Federal Credit Union Act ([12 U.S.C. 1752(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title12-section1752/1&num=0&edition=prelim))) that at the request of the Secretary of Defense is operating on a United States military installation in a foreign country, but only if that country does not permit contractor-ope
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Variable, Additional, and Board Certification Special Pay.—**
(1) An officer who is an officer of the Medical Corps of the Army or the Navy or an officer of the Air Force designated as a medical officer and who is on active duty under a call or order to active duty for a period of not less than one year is entitled to special pay in accordance with this subsection.
(2) An officer described in paragraph (1) who is serving in a pay grade below pay grade O–7 is entitled to variable special pay at the following rates:
(A) $1,200 per year, if the officer is undergoing medical internship training.
(B) $5,000 per year, if the officer has less than six years of creditable service and is not undergoing medical internship training.
(C) $12,000 per year, if the officer has at least six but less than eight years of creditable service.
(D) $11,500 per year, if the officer has at least eight but less than ten years of creditable service.
(E) $11,000 per year, if the officer has at least ten but less than twelve years of creditable service.
(F) $10,000 per year, if the officer has at least twelve but less than fourteen years of creditable service.
(G) $9,000 per year, if the officer has at least fourteen but less than eighteen years of creditable service.
(H) $8,000 per year, if the officer has at least eighteen but less than twenty-two years of creditable service.
(I) $7,000 per year, if the officer has twenty-two or more years of creditable service.
(3) An officer described in paragraph (1) who is serving in a pay grade above pay grade O–6 is entitled to variable special pay at the rate of $7,000 per year.
(4) Subject to subsection (c), an officer entitled to variable special pay under paragraph (2) or (3) is entitled to additional special pay of
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 302
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Regular Special Pay.—** Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:
(1) A commissioned officer—
(A) of the Regular Army, Regular Navy, or Regular Air Force who is designated as an optometry officer; or
(B) who is an optometry officer of the Regular Corps of the Public Health Service.
(2) A commissioned officer—
(A) of a Reserve component of the Army, Navy, or Air Force who is designated as an optometry officer; or
(B) who is an optometry officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service,
who is on active duty as a result of a call or order to active duty for a period of at least one year.
(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, Air Force, or the National Guard, as the case may be.
**(b) Retention Special Pay.—**
(1) Under regulations prescribed under [section 303a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section303a/a&num=0&edition=prelim), the Secretary concerned may pay an officer described in paragraph (2) a retention special pay of not more than $15,000 for any twelve-month period during which the officer is not undergoing an internship or initial residency training.
(2) An officer referred to in paragraph (1) is an officer of a uniformed service who—
(A) is entitled to special pay under subsection (a);
(B) has completed any initial active-duty service commitment incurred for education and training; and
(C) is determined by the Secretary concerned to be qualified as an optometrist.
(3) An officer may not be paid retention special pay under paragraph (1) for any twelve-month period unl
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 302a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Monthly Special Pay.—** Each of the following officers is entitled to special pay at the rate of $100 a month for each month of active duty:
(1) A commissioned officer—
(A) of the Regular Army who is in the Veterinary Corps;
(B) of the Regular Air Force who is an officer in the Biomedical Sciences Corps and holds a degree in veterinary medicine; or
(C) who is a veterinary officer of the Regular Corps of the Public Health Service.
(2) A commissioned officer—
(A) of a Reserve component of the Army who is in the Veterinary Corps of the Army;
(B) of a reserve component of the Air Force, of the Army or the Air Force without specification of component, or of the National Guard, who—
(i) is designated as a veterinary officer; or
(ii) is an officer in the Biomedical Sciences Corps of the Air Force and holds a degree in veterinary medicine; or
(C) who is a veterinary officer of the Reserve Corps 11 See Change of Name note below. of the Public Health Service,
who is on active duty as a result of a call or order to active duty for a period of at least one year.
(3) A general officer of the Army or the Air Force appointed, from any of the categories named in clause (1) or (2), in the Army, the Air Force, or the National Guard, as the case may be.
**(b) Additional Special Pay for Board Certification.—** A commissioned officer entitled to special pay under subsection (a) who has been certified as a Diplomate in a specialty recognized by the American Veterinarian Medical Association is entitled to special pay (in addition to the special pay under subsection (a)) at the same rate as is provided under [section 302c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section302c/b&num=0&edition=prelim) for an offi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Entitlement.—**
(1) Except as otherwise provided by law, a member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for housing at the monthly rates prescribed under this section or another provision of law with regard to the applicable component of the basic allowance for housing. The amount of the basic allowance for housing for a member will vary according to the pay grade in which the member is assigned or distributed for basic pay purposes, the dependency status of the member, and the geographic location of the member. The basic allowance for housing may be paid in advance.
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
**(b) Basic Allowance for Housing Inside the United States.—**
(1) The Secretary of Defense shall prescribe the rates of the basic allowance for housing that are applicable for the various military housing areas in the United States. The rates for an area shall be based on the costs of adequate housing determined for the area under paragraph (2).
(2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.—**
(1) **Housing treatment regulations.—** — The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.
(2) **Eligible members.—** — A member described in this paragraph is any member who—
(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;
(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;
(C) has one or more dependents enrolled in the Exceptional Family Member Program; or
(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.
**(b) Housing Treatment.—**
(1) **Continuation of housing for the spouse and other dependents.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.
(2) **Early housing eligibility.—** — If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the member’s permanent change of station within the United States, the spouse or other
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 403a
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 64a, act Feb. 21, 1929, ch. 288, 45 Stat. 1254, defined child and children as used in [section 64 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section64&num=0&edition=prelim), and was superseded by [section 401 of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section401&num=0&edition=prelim), Pay and Allowances of the Uniformed Services.
Section 64b, act June 24, 1935, ch. 291, § 3, 49 Stat. 421, defined permanent change in station as used in [section 64 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section64&num=0&edition=prelim) and was superseded by [section 411 of Title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section411&num=0&edition=prelim).
Provisions of section 64c, which related to use of government automobiles to transport school children at isolated stations, were enacted as permanent legislation by the 1948 amendment to [section 227 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section227&num=0&edition=prelim). Section 64c was based upon the following prior appropriation acts:
June 14, 1948, ch. 465, title II, 62 Stat. 400.
July 8, 1947, ch. 210, title II, 61 Stat. 267.
July 26, 1946, ch. 672, title II, 60 Stat. 690.
July 3, 1945, ch. 263, title II, 59 Stat. 368.
June 28, 1944, ch. 302, title II, 58 Stat. 559.
July 12, 1943, ch. 221, title II, 57 Stat. 507.
July 2, 1942, ch. 475, title II, 56 Stat. 582.
July 1, 1941, ch. 269, title II, 55 Stat. 483.
June 26, 1940, ch. 428, title II, 54 Stat. 587.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 64a to 64c
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Federal law — U.S. Code and appendices · legal_authorities
Page 154
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 401
item 403, and added item 403a, and substituted ‘‘per-
sonal emergencies for certain members and depend-
ents’’ for ‘‘certain emergencies for members performing
temporary duty’’ in item 411d.
1983—Pub. L. 98–94, title IX, §§ 910(a)(2), 932(e)(2), Sept.
24, 1983, 97 Stat. 639, 650, struck out item 421 ‘‘Contract
surgeons’’ and added item 430.
1981—Pub. L. 97–60, title I, §§ 122(a)(2), 126(b), Oct. 14,
1981, 95 Stat. 1003, 1005, added items 404a, 411c, 411d, and
411e.
Pub. L. 97–22, § 11(b)(3)(B), July 10, 1981, 95 Stat. 138,
substituted ‘‘uniformed services’’ for ‘‘Uniformed Serv-
ices’’ in item 406b.
1980—Pub. L. 96–343, § 4(a)(3), Sept. 8, 1980, 94 Stat.
1125, substituted ‘‘for quarters; variable housing allow-
ance’’ for ‘‘for quarters’’ in item 403.
Pub. L. 96–342, title VIII, § 808(a)(2), Sept. 8, 1980, 94
Stat. 1097, substituted ‘‘house trailers and mobile
homes’’ for ‘‘trailers’’ in item 409.
1978—Pub. L. 95–561, title XIV, § 1407(e)(1)(B), formerly
§ 1407(c)(1)(B), Nov. 1, 1978, 92 Stat. 2367, renumbered
§ 1407(d)(1)(B) by Pub. L. 101–510, div. A, title V,
§ 504(a)(1), Nov. 5, 1990, 104 Stat. 1559, renumbered
§ 1407(e)(1)(B) by Pub. L. 107–107, div. A, title III, § 353(1),
Dec. 28, 2001, 115 Stat. 1063, added item 429.
1973—Pub. L. 93–213, § 1(2), Dec. 28, 1973, 87 Stat. 910,
added item 411b.
Pub. L. 93–170, § 1(2), Nov. 29, 1973, 87 Stat. 689, sub-
stituted ‘‘overhauling or inactivating’’ for ‘‘over-
hauling’’ in item 406b.
1971—Pub. L. 92–129, title II, § 205(b), Sept. 28, 1971, 85
Stat. 359, added item 428.
1970—Pub. L. 91–210, § 1(2), Mar. 13, 1970, 84 Stat. 53,
added item 406b.
1968—Pub. L. 90–377, § 9, July 5, 1968, 82 Stat. 288,
struck out item 426 ‘‘Prisoners
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 401
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