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Title 37 — Pay and Allowances of the Uniformed Services

Chapter 7 — Allowances Other Than Travel and Transportation Allowances

§ 415. Uniform allowance: officers; initial allowance

Statutory text

(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 inactive-duty training as a member of the Ready Reserve; or

(4)

upon reporting for the first period of active duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Professions Scholarship program.

(b)

An officer who has received an initial uniform 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 training status; and

(2)

required by directive of the Surgeon General to wear a uniform.

An officer is not entitled to more than one allowance under this subsection.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 87–649 · 76 Stat. 451

    Enacted · 37 U.S.C. § 415

    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 477

    Source evidence

    Code source credit
    Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 477

  2. Reserve Officers’ Training Corps Vitalization Act of 1964

    Pub. L. 88–647 title II § 202(3) · 78 Stat. 1063

    Changed · 37 U.S.C. § 415(a)

    Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.

    Enacted provision · exact public law section
    (3) Sections 415(a) and 416(b) are each amended by striking out the words “or an officer of the Army, or the Air Force, without specification of component,” and inserting in place thereof “, 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, United States Code,”.

  3. Pub. L. 89–444 § 2(1) · 80 Stat. 195

    Substituted · 37 U.S.C. § 415(e)

    Pub. L. 89–444 substituted “section 214 of title 14” for “section 435 of title 14”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 89–444 substituted “section 214 of title 14” for “section 435 of title 14”.

    Enacted provision · exact public law section
    (1) Subsection (e) of section 415 is amended by striking out “435” and inserting “214” in place thereof.

  4. Pub. L. 89–718 § 63 · 80 Stat. 1113

    Struck · 37 U.S.C. § 415(a)

    Pub. L. 89–718 struck out “, United States Code,” after “title 10”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 89–718 struck out “, United States Code,” after “title 10”.

    Enacted provision · exact public law section
    Sec. 63. Sections 415(a), 416(b), and 422(c) of title 37, United States Code, are each amended by striking out “, United States Code,”. 78 Stat. 1070.

  5. Pub. L. 90–83 § 5(1) · 81 Stat. 195

    Substituted · 37 U.S.C. § 415(d)(3)

    Pub. L. 90–83 substituted “entitled to the basic pay” for “is entitled to the basic pay”

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 90–83 substituted “entitled to the basic pay” for “is entitled to the basic pay”.

    Enacted provision · exact public law section
    (1) In section 415(d) (3), strike out “is”. 76 Stat. 477. 37 USC 415. 80 Stat. 627.

  6. Pub. L. 91–278 § 3(3) · 84 Stat. 304

    Changed · 37 U.S.C. § 415(e)

    Pub. L. 91–278 provided for entitlement to uniform allowance of enlisted member appointed a warrant officer under section 213 of title 14

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 91–278 provided for entitlement to uniform allowance of enlisted member appointed a warrant officer under section 213 of title 14.

    Enacted provision · exact public law section
    (3) Subsection (e) of section 415 is amended by inserting the words “ or a warrant officer under section 213 of title 14,” after the words “section 214 of title 14,”.

  7. Public Health Service Administrative Amendments of 1979

    Pub. L. 96–76 title III § 313(c) · 93 Stat. 579

    1. Inserted · 37 U.S.C. § 415(d)

      Pub. L. 96–76 in cl. (1) inserted provisions for applicability to officers on inactive duty training status

    2. Struck · 37 U.S.C. § 415(d)

      Pub. L. 96–76 in cl. (1) struck out cl. (3) setting forth applicability to officers entitled to basic pay of pay grade O–1, O–2, or O–3

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 96–76 in cl. (1) inserted provisions for applicability to officers on inactive duty training status, and struck out cl. (3) setting forth applicability to officers entitled to basic pay of pay grade O–1, O–2, or O–3.

    Enacted provision · exact public law section
    (c) Section 415(d) of title 37, United States Code, is amended to read as follows: “(d) 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 training status; and “(2) required by directive of the Surgeon General to wear a uniform. An officer is not entitled to more than one allowance under this subsection”.

  8. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 412(1) · 94 Stat. 2835

    Substituted · 37 U.S.C. § 415(a)

    Pub. L. 96–513, § 412(1), (2), substituted “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 component, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10 is entitled”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–513, § 412(1), (2), substituted “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 component, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10 is entitled”.

    Enacted provision · exact public law section
    (1) by striking out “a reserve” in the first sentence of subsection (a) and inserting in lieu thereof “an”;

  9. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 412(3) · 94 Stat. 2835

    Redesignated · 37 U.S.C. § 415(c); 37 U.S.C. § 415(d)

    Pub. L. 96–513, § 412(3), (4), redesignated subsec. (d) as (c). Former subsec. (c), relating to limitations on qualifications for initial allowances by certain officers, was struck out

    Source evidence

    Code amendment note
    Subsecs. (c), (d). Pub. L. 96–513, § 412(3), (4), redesignated subsec. (d) as (c). Former subsec. (c), relating to limitations on qualifications for initial allowances by certain officers, was struck out.

    Enacted provision · exact public law section
    (3) by striking out subsections (c) and (e); and

  10. Defense Officer Personnel Management Act

    Pub. L. 96–513 § 412(3) · 94 Stat. 2835

    Struck · 37 U.S.C. § 415(e)

    Pub. L. 96–513, § 412(3), struck out subsec. (e) relating to uniform allowances for temporary officers or warrant officers

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 96–513, § 412(3), struck out subsec. (e) relating to uniform allowances for temporary officers or warrant officers.

    Enacted provision · exact public law section
    (3) by striking out subsections (c) and (e); and

  11. Defense Officer Personnel Management Act Technical Corrections Act

    Pub. L. 97–22 § 10(c) · 95 Stat. 124

    Substituted · 37 U.S.C. § 415(a)

    Pub. L. 97–22 substituted “subsection (b) of this section” for “subsections (b) and (c) of this section”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 97–22 substituted “subsection (b) of this section” for “subsections (b) and (c) of this section”.

    Enacted provision · exact public law section
    (c) Effective September 15, 1981, section 415(a) of title 37, United States Code, is amended by striking out “subsections (b) and (c)” and inserting in lieu thereof “subsection (b)”.

  12. Uniformed Services Pay Act of 1981

    Pub. L. 97–60 title I § 131(a) · 95 Stat. 989

    Added · 37 U.S.C. § 415(a)(4)

    Pub. L. 97–60 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 97–60 added par. (4).

    Enacted provision · exact public law section
    (a) Section 415(a) of title 37, United States Code, is amended— (1) by striking out “or” at the end of paragraph (2); (2) by striking out the period at the end of paragraph (3) and inserting in lieu thereof “; or”; and (3) by adding at the end thereof the following new paragraph: “(4) upon reporting for the first period of active duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Professions Scholarship program.”.

  13. Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 415(a); 37 U.S.C. § 415(b)

    Pub. L. 102–25 struck out “of this section”

    Source evidence

    Code amendment note
    Subsecs. (a), (b). Pub. L. 102–25 struck out “of this section”.

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

  14. Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 37 U.S.C. § 415(a)

    Pub. L. 106–398 substituted “$400” for “$200” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–398 substituted “$400” for “$200” in introductory provisions.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

    Effective date note
    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 section and section 416 of this title] shall take effect on October 1, 2000.”

14 of 15 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
Revised sectionSource (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 proviso); added Aug. 10, 1956, ch. 1041, § 20(d) (1st par., less 1st proviso), 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.
 [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 component” in section 102(k) of the source statute. That definition 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 component”, in section 255(a)(3) of existing title 37, are omitted, 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 substituted for the words “any individual”, since the revised 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 assistant grade” to reflect current terminology. (See chapter 3 of this revised title.) The last sentence is substituted 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 substituted for section 302(f) of the Act of August 7, 1947, cited above.

Editorial Notes

Amendments1964–2000 · 9 rounds

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 “subsection (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), substituted “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 component, 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), redesignated 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 officers or warrant officers.

1979

Subsec. (d). Pub. L. 96–76 in cl. (1) inserted provisions for applicability to officers on inactive duty training status, and struck out cl. (3) setting forth applicability 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 entitlement to uniform allowance of enlisted member appointed a warrant officer under section 213 of title 14.

1967

Subsec. (d)(3). Pub. L. 90–83 substituted “entitled to the basic pay” for “is entitled to the basic pay”.

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 officer 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)], , 114 Stat. 1654, 1654A–150, provided that: “The amendments made by this section [amending this section and section 416 of this title] shall take effect on .”

Effective Date of 1981 Amendment

Pub. L. 97–22, § 10(c), , 95 Stat. 137, provided that the amendment made by that section is effective .

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective , but the authority to prescribe regulations under the amendment by section 412 of Pub. L. 96–513 effective on , 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 , see section 314 of Pub. L. 96–76, set out as a note under section 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 employees 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. , 31 F.R. 8855, 80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.

Credits

1962–2000 · 12 acts
  1. 1962Pub. L. 87–649, , 76 Stat. 477
  2. 1964Pub. L. 88–647, title II, § 202(3), , 78 Stat. 1070
  3. 1966Pub. L. 89–444, § 2(1), , 80 Stat. 198
  4. 1966Pub. L. 89–718, § 63, , 80 Stat. 1123
  5. 1967Pub. L. 90–83, § 5(1), , 81 Stat. 221
  6. 1970Pub. L. 91–278, § 3(3), , 84 Stat. 306
  7. 1979Pub. L. 96–76, title III, § 313(c), , 93 Stat. 586
  8. 1980Pub. L. 96–513, title IV, § 412, , 94 Stat. 2905
  9. 1981Pub. L. 97–22, § 10(c), , 95 Stat. 137
  10. 1981Pub. L. 97–60, title I, § 131(a), , 95 Stat. 1005
  11. 1991Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117
  12. 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 610(a)], , 114 Stat. 1654, 1654A–150.
Show as published

(Pub. L. 87–649, , 76 Stat. 477; Pub. L. 88–647, title II, § 202(3), , 78 Stat. 1070; Pub. L. 89–444, § 2(1), , 80 Stat. 198; Pub. L. 89–718, § 63, , 80 Stat. 1123; Pub. L. 90–83, § 5(1), , 81 Stat. 221; Pub. L. 91–278, § 3(3), , 84 Stat. 306; Pub. L. 96–76, title III, § 313(c), , 93 Stat. 586; Pub. L. 96–513, title IV, § 412, , 94 Stat. 2905; Pub. L. 97–22, § 10(c), , 95 Stat. 137; Pub. L. 97–60, title I, § 131(a), , 95 Stat. 1005; Pub. L. 102–25, title VII, § 702(b)(1), (c), , 105 Stat. 117; Pub. L. 106–398, § 1 [[div. A], title VI, § 610(a)], , 114 Stat. 1654, 1654A–150.)

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