37 U.S.C. § 416 — Uniform allowance: officers; additional al-

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. Page 185 TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED SERVICES § 417 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–107, div. A, title VI, § 606(b), Dec. 28, 2001, 115 Stat. 1134, provided that: ‘‘The amendment made by this section [amending this section] shall take effect as of October 1, 2000.’’ EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–398 effective Oct. 1, 2000, see section 1 [[div. A], title VI, § 610(c)] of Pub. L. 106–398, set out as a note under section 415 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces. ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE SPACE FORCE Pub. L. 116–283, div. A, title VI, § 606, Jan. 1, 2021, 134 Stat. 3672, as amended by Pub. L. 117–263, div. A, title VI, § 616, Dec. 23, 2022, 136 Stat. 2624; Pub. L. 118–31, div. A, title VI, § 628, Dec. 22, 2023, 137 Stat. 295; Pub. L. 118–159, div. A, title VI, § 625, Dec. 23, 2024, 138 Stat. 1934, provided that: ‘‘(a) IN GENERAL.—The Secretary of the Air Force may provide an officer who transfers from the Army, Navy, Air Force, or Marine Corps to the Space Force an allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment. ‘‘(b) RELATIONSHIP TO OTHER ALLOWANCES.—The al- lowance under this section is in addition to any allow- ance available under any other provision of law. ‘‘(c) SOURCE OF FUNDS.—Funds for allowances pro- vided under subsection (a) in a fiscal year may be de- rived only from amounts authorized to be appropriated for military personnel of the Space Force for such fis- cal year. ‘‘(d) APPLICABILITY.—The authority for an allowance under this section shall apply with respect to any offi- cer described in subsection (a) who transfers to the Space Force— ‘‘(1) during the period beginning on December 20, 2019, and ending on the last day of the transition pe- riod as defined in section 1731 of the Space Force Per- sonnel Management Act (title XVII of Public Law 118–31; 10 U.S.C. 20001 note); and ‘‘(2) on or after the date the Secretary of the Air Force prescribes the official uniform for the Space Force.’’ SAVE PAY PROVISION Pub. L. 101–189, div. A, title VI, § 663(b), Nov. 29, 1989, 103 Stat. 1465, provided that: ‘‘An officer of an armed force who, but for the amendments made by subsection (a) [amending this section], would have become entitled to a uniform reimbursement under section 416(a) of title 37, United States Code, before the end of the one- year period beginning on the date of the enactment of this Act [Nov. 29, 1989] shall be entitled (during such one-year period) to receive such reimbursement under such section as in effect on the day before the date of the enactment of this Act.’’ ALLOWANCE FOR SERVICE PRIOR TO OCTOBER 3, 1964 Pub. L. 88–624, § 2, Oct. 3, 1964, 78 Stat. 1002, provided that: ‘‘The amendments made by this Act [amending this section] do not entitle an officer to an allowance for any 4-year period of service completed prior to the effective date of this Act [Oct. 3, 1964].’’ § 417. Uniform allowance: officers; general provi- sions (a) Subject to standards, policies, and proce- dures prescribed by the Secretary of Defense, the Secretary of each military department may prescribe regulations that he considers nec- essary to carry out sections 415(a)–(c) and 416 of this title within his department. The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, may prescribe regu- lations that he considers necessary to carry out those sections for the Coast Guard when it is not operating as a service in the Navy. As far as practicable, regulations for all reserve compo- nents shall be uniform. (b) Under regulations approved by the Sec- retary of Defense, or by the Secretary of Home- land Security with respect to the Coast Guard when it is not operating as a service in the Navy, and subject to section 415(a)–(c) or 416 of this title, a reserve officer of an armed force who has received a uniform and equipment al- lowance under section 415(a)–(c) or 416 of this title, may if a different uniform is required, be paid a uniform and equipment reimbursement upon transfer to, or appointment in, another re- serve component. (c) For the purposes of sections 415(a)–(c) and 416 of this title and subsections (a) and (b), an officer may count only that duty for which he is required to wear a uniform. (d)(1) For purposes of sections 415 and 416 of this title, a period for which an officer of an armed force, while employed as a National Guard technician, is required to wear a uniform under section 709(b) of title 32 shall be treated as a period of active duty (other than for training). (2) A uniform allowance may not be paid, and uniforms may not be furnished, to an officer under section 1593 of title 10 or section 5901 of title 5 for a period of employment referred to in paragraph (1) for which an officer is paid a uni- form allowance under section 415 or 416 of this title. (Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 90–623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 102–25, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title X, § 1038(b), Feb. 10, 1996, 110 Stat. 432; Pub. L. 107–296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 417(a) ...... 417(b) ...... 417(c) ...... 37:255(e). 37:255(d). 37:255(a) (1st proviso). Oct. 12, 1949, ch. 681, § 305 (1st proviso of (a)), (d), (e); added Aug. 10, 1956, ch. 1041, § 20(d) (1st pro- viso of 1st par., 4th par., and 5th par.), 70A Stat. 629. In subsection (a), the words ‘‘within that depart- ment’’ are inserted for clarity. The words ‘‘may pre- scribe’’ are substituted for the words ‘‘shall prescribe’’, since the words ‘‘that he considers necessary’’ indicate that the prescribing of regulations is not mandatory. Subsection (b) is substituted for section 255(d) (less last sentence) of existing title 37. Section 255(d) last sentence) of existing title 37 is omitted, since the cat- egories named therein are excluded by the words ‘‘a re- serve officer’’. (See revision note for section 415(a) of this revised title.)