37 U.S.C. § 421 — Allowances: no increase while dependent is

Page 188 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 419 amount of the cash allowance to be paid to such en- listed men in any case in which clothing is not so fur- nished to them. 2. The quantity and kind of clothing, and any cash al- lowances in lieu thereof, prescribed by the Secretary of Homeland Security hereunder with respect to the Coast Guard and the Coast Guard Reserve shall, so far as practicable, be in conformity with those prescribed by the Secretary of Defense with respect to the Navy and Naval Reserve [now Navy Reserve], respectively. 3. Existing regulations prescribing the quantity and kind of clothing furnished, and any cash allowances in lieu thereof, shall remain in effect until modified, re- voked, or superseded by action taken pursuant to this order. 4. The term ‘‘enlisted men’’ as used in this order shall be deemed to apply to enlisted persons of either sex. 5. This order shall become effective on April 1, 1950, and on that date shall supersede Executive Order No. 10049 [Apr. 4, 1949, 14 F.R. 1563] entitled ‘‘Delegating the Authority of the President to Prescribe Clothing Al- lowances, and Cash Allowances in Lieu Thereof, to En- listed Men in the Armed Forces.’’ § 419. Civilian clothing allowance Under regulations prescribed by the Secretary of Defense, an officer of an armed force who is assigned to a permanent duty station at a loca- tion outside the United States may be paid a ci- vilian clothing allowance in such amount as the Secretary shall determine under regulations if such officer is required to wear civilian clothing all or a substantial portion of the time in the performance of the officer’s official duties. A clothing allowance under this section is in addi- tion to any uniform allowance to which an offi- cer is otherwise entitled under this title. (Added Pub. L. 100–180, div. A, title VI, § 611(a)(1)(B), Dec. 4, 1987, 101 Stat. 1093; amended Pub. L. 100–456, div. A, title VI, § 625, Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101–189, div. A, title VI, § 653(c)(2), Nov. 29, 1989, 103 Stat. 1462.) Editorial Notes PRIOR PROVISIONS A prior section 419 was renumbered section 420 of this title. AMENDMENTS 1989—Pub. L. 101–189 substituted ‘‘an officer’’ for ‘‘a officer’’ in two places and struck out ‘‘to’’ after ‘‘may be paid’’. 1988—Pub. L. 100–456 substituted ‘‘officer’’ for ‘‘mem- ber’’ in three places, ‘‘may be paid’’ for ‘‘is entitled’’, and ‘‘officer’s’’ for ‘‘member’s’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 100–180, div. A, title VI, § 611(b), Dec. 4, 1987, 101 Stat. 1093, provided that: ‘‘Section 419 of title 37, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Dec. 4, 1987]. No member may be paid a clothing allow- ance under such section for any period before such date.’’ § 420. Allowances while participating in inter- national sports (a) Section 717 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military ac- tivities not covered by that section. (b) Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under section 452 of this title for any period during which his ex- penses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 717 of title 10. (c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsist- ence and housing authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency spon- soring his participation in a competition cov- ered by section 717 of title 10. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478, § 419; Pub. L. 89–718, § 64, Nov. 2, 1966, 80 Stat. 1123; re- numbered § 420, Pub. L. 100–180, div. A, title VI, § 611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093; Pub. L. 105–85, div. A, title VI, § 603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(2), Dec. 23, 2022, 136 Stat. 2629.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 419(a) ...... 419(b) ...... 419(c) ...... 37:256a(a). 37:256a(b). 37:256a(c). Oct. 12, 1949, ch. 681, § 307; added Sept. 2, 1958, Pub. L. 85–861, § 11, 72 Stat. 1556. Editorial Notes PRIOR PROVISIONS A prior section 420 was renumbered section 421 of this title. AMENDMENTS 2022—Subsec. (b). Pub. L. 117–263 substituted ‘‘section 452’’ for ‘‘sections 474–481’’. 2013—Subsec. (b). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘474–481’’ for ‘‘404–411’’. 1997—Subsec. (c). Pub. L. 105–85 substituted ‘‘hous- ing’’ for ‘‘quarters’’. 1966—Pub. L. 89–718 substituted ‘‘section 717 of title 10’’ for ‘‘section 716 of title 10’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees. § 421. Allowances: no increase while dependent is entitled to basic pay A member of a uniformed service may not be paid an increased allowance under this chapter, Page 189 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 423 on account of a dependent, for any period during which that dependent is entitled to basic pay under section 204 of this title. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 479, § 420; re- numbered § 421, Pub. L. 100–180, div. A, title VI, § 611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 420 .......... 37:231(g) (last proviso of last sentence). Oct. 12, 1949, ch. 681, § 102(g) (last proviso of last sentence), 63 Stat. 805. The words ‘‘of a uniformed service’’ are inserted for clarity. The words ‘‘claiming a dependent as defined in this subsection’’ are omitted as surplusage. The words ‘‘under section 204 of this title’’ are substituted for the words ‘‘for the performance of duty as defined in sec- tion 232(e) of this revised title’’. Editorial Notes PRIOR PROVISIONS A prior section 421, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88–132, § 3(b), Oct. 2, 1963, 77 Stat. 212, provided for pay and allowances of contract surgeons, prior to repeal by Pub. L. 98–94, title IX, § 932(e)(1), Sept. 24, 1983, 97 Stat. 650, eff. Oct. 1, 1983. See section 1091 of Title 10, Armed Forces. § 422. Cadets and midshipmen (a) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to the allowances provided by law for a mid- shipman in the Navy, and to travel and trans- portation allowances prescribed under section 452 of this title while traveling under orders as a cadet or midshipman. (b) Each midshipman of the Navy to whom a Navy ration is not furnished is entitled to the commuted value of the ration in money for each day that he is on active duty, including each day that he is on leave. The Secretary of the Navy may prescribe regulations stating the conditions under which the commuted value shall be al- lowed and may prescribe regulations estab- lishing the rates at which the ration shall be commuted. (c) A cadet or midshipman appointed under section 2107 of title 10 is entitled to the same al- lowances as are provided for cadets and mid- shipmen at the United States Military, Naval, and Air Force Academies for— (1) initial travel to the educational institu- tion in which matriculated; (2) travel while under orders; and (3) travel on discharge. However, no allowance for travel on discharge may be paid to a discharged cadet or mid- shipman who continues his scholastic instruc- tion at the same educational institution. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88–647, title II, § 202(4), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 112–81, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112–239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117–263, div. A, title VI, § 626(h)(3), Dec. 23, 2022, 136 Stat. 2629.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 422(a) ...... 37:308 (less applicability to pay). Oct. 12, 1949, ch. 681, § 508 (less applicability to pay), 63 Stat. 828. 422(b) ...... 10:6081(b) (9th through 17th words). [None.] 10:6081(c) (16th through 19th words). [None.] 422(c) ...... 10:6904(c). [None.] 10:6905(c). [None.] 422(d) ...... 10:6906(c) (1st sentence, less applicability to pay). [None.] In subsection (a), the words ‘‘prescribed under section 410 of this title’’ are inserted to reflect that revised sec- tion. Editorial Notes AMENDMENTS 2022—Subsec. (a). Pub. L. 117–263 substituted ‘‘section 452’’ for ‘‘section 480’’. 2013—Subsec. (a). Pub. L. 112–239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (a). Pub. L. 112–81, § 631(f)(4)(A), as amended by Pub. L. 112–239, § 1076(a)(9), substituted ‘‘480’’ for ‘‘410’’. 1966—Subsec. (c). Pub. L. 89–718 struck out ‘‘, United States Code,’’ after ‘‘title 10’’. 1964—Subsec. (c). Pub. L. 88–647, § 202(4)(A), (B), among other changes, substituted provisions relating to a cadet or midshipman appointed under section 2107 of title 10, for provisions relating to a midshipman ap- pointed under section 6904 of title 10, or a seaman re- cruit enlisted under section 6905 of title 10, and ‘‘edu- cational institution’’ for ‘‘college or university’’, in text, and ‘‘Cadets and midshipmen’’ for ‘‘Cadets, mid- shipmen, and naval officer candidates’’, in section catchline. Subsec. (d). Pub. L. 88–647, § 202(4)(C), struck out sub- sec. (d) which entitled a midshipman under section 6906 of title 10, while on flight training or duty, to the al- lowances of a midshipman at the United States Naval Academy. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 423. Validity of allowance payments based on purported marriages A payment of an allowance, based on a pur- ported marriage, that is made under this chap- ter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, be- fore judicial annulment or termination of that