Title 37 — Pay and Allowances of the Uniformed Services
Chapter 7 — Allowances Other Than Travel and Transportation Allowances
§ 417. Uniform allowance: officers; general provisions
Statutory text
Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department may prescribe regulations that he considers necessary 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 regulations 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 components shall be uniform.
Under regulations approved by the Secretary of Defense, or by the Secretary of Homeland 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 allowance 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 reserve component.
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.
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).
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 uniform allowance under section 415 or 416 of this title.
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.
Pub. L. 87–649 · 76 Stat. 451
Enacted · 37 U.S.C. § 417
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478Pub. L. 90–623 § 3(1) · 82 Stat. 1312
Substituted · 37 U.S.C. § 417(a); 37 U.S.C. § 417(b)
Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.Enacted provision · exact public law section
(1) In sections 101(5)(D), 306 (d) and (f), 307(d), 308 (e) and (g), 417 (a) and (b), 703, 1001(c), and 1006(f) strike out “the Treasury” wherever they appear and insert in place thereof “Transportation”;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. § 417(c)
Pub. L. 102–25 struck out “of this section” after “subsections (a) and (b)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsections (a) and (b)”.Enacted provision · exact public law section
(1) by striking out “of this section” each place it appears (other than as provided in subsection (c));National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title X § 1038(b) · 110 Stat. 186
Added · 37 U.S.C. § 417(d)
Pub. L. 104–106 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–106 added subsec. (d).Enacted provision · exact public law section
(b) Uniform Allowances for Officers.— Section 417 of title 37, United States Code, is amended by adding at the end the following: “(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 uniform allowance under section 415 or 416 of this title.”.Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135
Substituted · 37 U.S.C. § 417(a); 37 U.S.C. § 417(b)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.Enacted provision · exact public law section
(c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.Effective date note
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
4 of 5 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| 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 proviso of 1st par., 4th par., and 5th par.), 70A Stat. 629. |
In subsection (a), the words “within that department” are inserted for clarity. The words “may prescribe” 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 categories named therein are excluded by the words “a reserve officer”. (See revision note for section 415(a) of this revised title.)
Editorial Notes
Amendments1968–2002 · 4 rounds
2002
Subsecs. (a), (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1996
Subsec. (d). Pub. L. 104–106 added subsec. (d).
1991
Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsections (a) and (b)”.
1968
Subsecs. (a), (b). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1968 Amendment
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on , see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.