37 U.S.C. § 415 — Uniform allowance: officers; initial allow-

Page 183 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 415 ployees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Or- ganization and Employees. Secretary of Health, Edu- cation, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Edu- cation. § 415. Uniform allowance: officers; initial allow- ance (a) Subject to subsection (b), an officer of an armed force is entitled to an initial allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment— (1) upon first reporting for active duty (other than for training) for a period of more than 90 days; (2) upon completing at least 14 days of active duty as a member of a reserve component; (3) upon completing 14 periods, each of which was of at least two hours’ duration, of inac- tive-duty training as a member of the Ready Reserve; or (4) upon reporting for the first period of ac- tive duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Pro- fessions Scholarship program. (b) An officer who has received an initial uni- form reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a). (c) An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is— (1) on active duty or on inactive duty train- ing status; and (2) required by directive of the Surgeon Gen- eral to wear a uniform. An officer is not entitled to more than one al- lowance under this subsection. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88–647, title II, § 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–444, § 2(1), June 9, 1966, 80 Stat. 198; Pub. L. 89–718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–83, § 5(1), Sept. 11, 1967, 81 Stat. 221; Pub. L. 91–278, § 3(3), June 12, 1970, 84 Stat. 306; Pub. L. 96–76, title III, § 313(c), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title IV, § 412, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 97–22, § 10(c), July 10, 1981, 95 Stat. 137; Pub. L. 97–60, title I, § 131(a), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–398, § 1 [[div. A], title VI, § 610(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 415(a) ...... 415(b) ...... 415(c) ...... 37:255(a) (less provisos). 37:255(a) (2d proviso). 37:255(a) (last proviso). Oct. 12, 1949, ch. 681, § 305(a) (less 1st pro- viso); added Aug. 10, 1956, ch. 1041, § 20(d) (1st par., less 1st pro- viso), 70A Stat. 628. 415(d) ...... 42:214. July 1, 1944, ch. 373, § 213; restated Apr. 27, 1956, ch. 211, § 2(a), 70 Stat. 116. 415(e) ...... 37:256. Oct. 12, 1949, ch. 681, § 306; added Aug. 10, 1956, ch. 1041, § 20(d) (last par.), 70A Stat. 629. HISTORICAL AND REVISION NOTES—Continued Revised section Source (U.S. Code) Source (Statutes at Large) [Uncodified.] Aug. 7, 1947, ch. 512, § 302(f), 61 Stat. 830. In subsection (a), the words ‘‘Subject to subsections (b) and (c) of this section,’’ are inserted for clarity. The words ‘‘of an armed force’’ are inserted, since the source section, as originally enacted, did not apply to the Public Health Service or the Coast and Geodetic Survey. (See section 243 of the Armed Forces Reserve Act of 1952 (66 Stat. 492).) The words ‘‘of the Army, or the Air Force, without specification of component’’ are inserted to reflect the definition of ‘‘reserve compo- nent’’ in section 102(k) of the source statute. That defi- nition is executed throughout this revised title. For that reason, the words ‘‘but not as a member of the Army without specification of component or the Air Force without specification of component, in section 255(a)(2) of existing title 37’’, are omitted, and since those categories are excluded by the words ‘‘member of a reserve component’’. The words ‘‘of a reserve compo- nent’’, in section 255(a)(3) of existing title 37, are omit- ted, since the Ready Reserve cannot be in anything other than a reserve component. In subsection (b), the words ‘‘heretofore or hereafter’’ are omitted as surplusage. In subsection (c), the words ‘‘An officer’’ are sub- stituted for the words ‘‘any individual’’, since the re- vised section applies only to officers. In subsection (d), the words ‘‘who is in pay grade O–1, O–2, or O–3’’ are substituted for the words ‘‘is receiving the pay of the junior assistant, assistant, or senior as- sistant grade’’ to reflect current terminology. (See chapter 3 of this revised title.) The last sentence is sub- stituted for section 214 (words following semicolon) of title 14. In subsection (e), the words ‘‘as a temporary officer’’ are inserted for clarity. The words ‘‘5596 or’’ are sub- stituted for section 302(f) of the Act of August 7, 1947, cited above. Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘$400’’ for ‘‘$200’’ in introductory provisions. 1991—Subsecs. (a), (b). Pub. L. 102–25 struck out ‘‘of this section’’. 1981—Subsec. (a). Pub. L. 97–22 substituted ‘‘sub- section (b) of this section’’ for ‘‘subsections (b) and (c) of this section’’. Subsec. (a)(4). Pub. L. 97–60 added par. (4). 1980—Subsec. (a). Pub. L. 96–513, § 412(1), (2), sub- stituted ‘‘an officer of an armed force is entitled’’ for ‘‘a reserve officer of an armed force, an officer of the Army or the Air Force without specification of compo- nent, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10 is entitled’’. Subsecs. (c), (d). Pub. L. 96–513, § 412(3), (4), redesig- nated subsec. (d) as (c). Former subsec. (c), relating to limitations on qualifications for initial allowances by certain officers, was struck out. Subsec. (e). Pub. L. 96–513, § 412(3), struck out subsec. (e) relating to uniform allowances for temporary offi- cers or warrant officers. 1979—Subsec. (d). Pub. L. 96–76 in cl. (1) inserted pro- visions for applicability to officers on inactive duty training status, and struck out cl. (3) setting forth ap- plicability to officers entitled to basic pay of pay grade O–1, O–2, or O–3. 1970—Subsec. (e). Pub. L. 91–278 provided for entitle- ment to uniform allowance of enlisted member ap- pointed a warrant officer under section 213 of title 14. 1967—Subsec. (d)(3). Pub. L. 90–83 substituted ‘‘enti- tled to the basic pay’’ for ‘‘is entitled to the basic pay’’. Page 184 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 416 1966—Subsec. (a). Pub. L. 89–718 struck out ‘‘, United States Code,’’ after ‘‘title 10’’. Subsec. (e). Pub. L. 89–444 substituted ‘‘section 214 of title 14’’ for ‘‘section 435 of title 14’’. 1964—Subsec. (a). Pub. L. 88–647 included a regular of- ficer of an armed force appointed under section 2106 or 2107 of title 10. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title VI, § 610(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150, provided that: ‘‘The amendments made by this section [amending this sec- tion and section 416 of this title] shall take effect on October 1, 2000.’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–22, § 10(c), July 10, 1981, 95 Stat. 137, pro- vided that the amendment made by that section is ef- fective Sept. 15, 1981. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by section 412 of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under sec- tion 206 of Title 42, The Public Health and Welfare. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and all functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Govern- ment Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education. § 416. Uniform allowance: officers; additional al- lowances (a) In addition to the allowance provided by section 415 of this title, a reserve officer of an armed force, an officer of the Army or the Air Force without specification of component, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10 is entitled to not more than $200 as reimbursement for addi- tional uniforms and equipment required on that duty, for each time that the officer enters on ac- tive duty for a period of more than 90 days. (b) Subsection (a) does not apply to a tour of active duty if— (1) the officer, during that tour or within a period of two years before entering on that tour, received, under any law, an initial uni- form reimbursement or allowance of more than $400; or (2) the officer enters on that tour within two years after completing a period of active duty of more than 90 days’ duration. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88–624, § 1, Oct. 3, 1964, 78 Stat. 1002; Pub. L. 88–647, title II, § 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 96–513, title V, § 516(13), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 101–189, div. A, title VI, § 663(a), Nov. 29, 1989, 103 Stat. 1465; Pub. L. 106–398, § 1 [[div. A], title VI, § 610(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title VI, § 606(a), Dec. 28, 2001, 115 Stat. 1134.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 416(a) ...... 416(b) ...... 37:255(b). 37:255(c). Oct. 12, 1949, ch. 681, § 305(b), (c); added Aug. 10, 1956, ch. 1041, § 20(d) (2d and 3d pars.), 70A Stat. 628; Sept. 2, 1958, Pub. L. 85–861, § 33(f), 72 Stat. 1568. In subsection (a), the words ‘‘In addition to the ini- tial uniform allowance authorized by section 431 (a)–(d) of this title’’ are substituted for the word ‘‘additional’’. Section 255(b) (last proviso of 1st sentence) of existing title 37 is omitted as executed. The words ‘‘may not be included’’ are substituted for the words ‘‘shall be ex- cluded’’. Section 255(b) (last sentence) of existing title 37 is omitted, since the categories named therein are excluded by the words ‘‘a reserve officer’’. (See revision note for section 415(a) of this revised title.) In subsection (b), the introductory clause is sub- stituted for the word ‘‘further’’. The words ‘‘of an armed force’’ and ‘‘of the Army, or the Air Force, with- out specification of component’’ are inserted for the reasons stated in the revision note for section 415(a) of this revised title. Clauses (1) and (2) are substituted for section 255(c) (provisos) of existing title 37. Editorial Notes AMENDMENTS 2001—Subsec. (b)(1). Pub. L. 107–107 substituted ‘‘$400’’ for ‘‘$200’’. 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘$200’’ for ‘‘$100’’. 1989—Subsec. (a). Pub. L. 101–189 redesignated first sentence of subsec. (b) as (a), substituted ‘‘section 415 of this title’’ for ‘‘section 415(a)–(c) of this title and sub- section (a) of this section’’ and ‘‘the officer’’ for ‘‘he’’, and struck out former subsec. (a) which read as follows: ‘‘In addition to the initial uniform allowance author- ized by section 415(a)–(c) of this title, a reserve officer of an armed force who has not become entitled to a uni- form reimbursement or allowance as an officer during the preceding four years, is entitled to not more than $50 as reimbursement for the purchase of required uni- forms and equipment, upon completion of each period, after July 9, 1952, of four years of service, as prescribed by section 1332(a)(2) of title 10, in an active status in one or more reserve components, including at least 28 days of active duty. However, periods of active duty of more than 90 days may not be included in computing that four years of service.’’ Subsec. (b). Pub. L. 101–189 redesignated first sen- tence of subsec. (b) as (a) and in remaining provisions of subsec. (b) substituted ‘‘Subsection (a) does not apply’’ for ‘‘However, this subsection does not apply’’. 1980—Pub. L. 96–513 substituted ‘‘additional allow- ances’’ for ‘‘additional allowance’’ in section catchline. 1966—Subsec. (b). Pub. L. 89–718 struck out ‘‘, United States Code,’’ after ‘‘title 10’’. 1964—Subsec. (a). Pub. L. 88–624 substituted ‘‘in one or more reserve components’’ for ‘‘in a reserve compo- nent’’ and ‘‘section 1332(a)(2)’’ for ‘‘section 1332’’. Subsec. (b). Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.