Title 37 — Pay and Allowances of the Uniformed Services
Chapter 7 — Allowances Other Than Travel and Transportation Allowances
§ 418. Clothing allowance: enlisted members
Statutory text
The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.
In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the Secretary of Defense shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform.
A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 or section 5901 of title 5 to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section.
In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.
In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall—
procure athletic footwear that complies with the requirements of section 4862 of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 legacy provisions (as such term is defined in section 3016 of title 10) (or any other provision of law); and
procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training.
This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—
is medically required to meet unique physiological needs of the member; and
cannot be met with athletic footwear that complies with the requirements of this subsection.
This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, the Marine Corps, or the Space Force upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear.
The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts.
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. § 418
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478
Source evidence
Code source credit
Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478National Defense Authorization Act for Fiscal Year 1996
Pub. L. 104–106 div. A title X § 1038(c) · 110 Stat. 186
Amended · 37 U.S.C. § 418
Pub. L. 104–106 designated existing provisions as subsec. (a)
Added · 37 U.S.C. § 418
Pub. L. 104–106 added subsecs. (b) and (c)
Source evidence
Code amendment note
Pub. L. 104–106 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).Enacted provision · exact public law section
(c) Clothing or Allowances for Enlisted Members.— Section 418 of title 37, United States Code, is amended— (1) by inserting “(a)” before “The President”; and (2) by adding at the end the following: “(b) Regulations. President. In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the President shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform. “(c) A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 or section 5901 of title 5 to a person referred to in subsection (b) for a period of employment referred to in that subsection for which a uniform allowance is paid under section 415 or 416 of this title.”.National Defense Authorization Act for Fiscal Year 1997
Pub. L. 104–201 div. A title VI § 654 · 110 Stat. 2422
Substituted · 37 U.S.C. § 418(c)
Pub. L. 104–201 substituted “for which clothing is furnished or a uniform allowance is paid under this section” for “for which a uniform allowance is paid under section 415 or 416 of this title”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–201 substituted “for which clothing is furnished or a uniform allowance is paid under this section” for “for which a uniform allowance is paid under section 415 or 416 of this title”.Enacted provision · exact public law section
SEC. 654. TECHNICAL CORRECTION CLARIFYING LIMITATION ON FURNISHING CLOTHING OR ALLOWANCES FOR ENLISTED NATIONAL GUARD TECHNICIANS. Section 418(c) of title 37, United States Code, is amended by striking out “for which a uniform allowance is paid under section 415 or 416 of this title” and inserting in lieu thereof “for which clothing is furnished or a uniform allowance is paid under this section”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 37 U.S.C. § 418(a)
Pub. L. 106–398, § 1 [[div. A], title VI, § 611(1)], substituted “The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy,” for “The President”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 611(1)], substituted “The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy,” for “The President”.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.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 37 U.S.C. § 418(b)
Pub. L. 106–398, § 1 [[div. A], title VI, § 611(2)], substituted “the Secretary of Defense” for “the President”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 611(2)], substituted “the Secretary of Defense” for “the President”.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.Homeland Security Act of 2002
Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135
Substituted · 37 U.S.C. § 418(a)
Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”
Source evidence
Code amendment note
Subsec. (a). 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.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title VIII § 817 · 130 Stat. 2000
Added · 37 U.S.C. § 418(d)
Pub. L. 114–328 added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 114–328 added subsec. (d).Enacted provision · exact public law section
SEC. 817. COMPLIANCE WITH DOMESTIC SOURCE REQUIREMENTS FOR FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES UPON THEIR INITIAL ENTRY INTO THE ARMED FORCES. Section 418 of title 37, United States Code, is amended by adding at the end the following new subsection: “(d) (1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear. “(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall— “(A) procure athletic footwear that complies with the requirements of section 2533a of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 of title 10 (or any other provision of law); and “(B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training. “(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear— “(A) is medically required to meet unique physiological needs of the member; and “(B) cannot be met with athletic footwear that complies with the requirements of this subsection.” .National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 div. A title VI § 633 · 131 Stat. 1283
Added · 37 U.S.C. § 418(d)(4); 37 U.S.C. § 418(d)(5)
Pub. L. 115–91 added pars. (4) and (5)
Source evidence
Code amendment note
Subsec. (d)(4), (5). Pub. L. 115–91 added pars. (4) and (5).Enacted provision · exact public law section
SEC. 633. CONSTRUCTION OF DOMESTIC SOURCE REQUIREMENT FOR FOOTWEAR FURNISHED TO ENLISTED MEMBERS OF THE ARMED FORCES ON INITIAL ENTRY INTO THE ARMED FORCES. Section 418(d) of title 37, United States Code, is amended by adding at the end the following new paragraphs: “(4) This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, or the Marine Corps upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear. “(5) The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts.” .William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 925(e)(2)(A) · 134 Stat. 3388
Substituted · 37 U.S.C. § 418(d)(1)
Pub. L. 116–283, § 925(e)(2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 116–283, § 925(e)(2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps”.Enacted provision · exact public law section
(A) in paragraph (1), by striking “or Marine Corps” and inserting “Marine Corps, or Space Force”; andWilliam M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116–283 § 925(e)(2)(B) · 134 Stat. 3388
Substituted · 37 U.S.C. § 418(d)(4)
Pub. L. 116–283, § 925(e)(2)(B), substituted “the Marine Corps, or the Space Force” for “or the Marine Corps”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 116–283, § 925(e)(2)(B), substituted “the Marine Corps, or the Space Force” for “or the Marine Corps”.Enacted provision · exact public law section
(B) in paragraph (4), by striking “or the Marine Corps” and inserting “the Marine Corps, or the Space Force”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title XVII § 1702(f)(2) · 135 Stat. 1541
Substituted · 37 U.S.C. § 418(d)(2)(A)
Pub. L. 117–81 substituted “section 4862” for “section 2533a”
Substituted · 37 U.S.C. § 418(d)(2)(A)
Pub. L. 117–81 substituted “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapter 137 of title 10”
Source evidence
Code amendment note
Subsec. (d)(2)(A). Pub. L. 117–81 substituted “section 4862” for “section 2533a” and “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapter 137 of title 10”.Enacted provision · exact public law section
(2) Section 418 of title 37, United States Code, is amended in subsection (d)(2)(A)— (A) by striking “section 2533a” and inserting “section 4862”; and (B) by striking “chapter 137 of title 10” and inserting “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)”.
12 of 13 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 418 | 37:305. | Oct. 12, 1949, ch. 681, § 505, 63 Stat. 828. |
The words “the armed forces” are substituted for the words “the Army, the Navy, the Air Force, the Marine Corps, the Coast Guard” to conform to the definition in section 101(4) of this title. The words “the Naval Reserve, the Marine Corps Reserve, . . . the National Guard of the United States, the Air National Guard of the United States, the Army Reserve, the Air Force Reserve, and the Coast Guard Reserve” are omitted, since, under the definitions of the armed forces concerned in sections 3062(c), 5001(a)(1) and (2), and 8062(d) of title 10, and section 751a of title 14, those organizations, or their successors, are components of the armed force concerned.
Editorial Notes
References in Text
The date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (d)(2)(B), is the date of enactment of Pub. L. 114–328, which was approved .
Amendments1996–2021 · 6 rounds
2021
Subsec. (d)(1). Pub. L. 116–283, § 925(e)(2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps”.
Subsec. (d)(2)(A). Pub. L. 117–81 substituted “section 4862” for “section 2533a” and “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapter 137 of title 10”.
Subsec. (d)(4). Pub. L. 116–283, § 925(e)(2)(B), substituted “the Marine Corps, or the Space Force” for “or the Marine Corps”.
2017
Subsec. (d)(4), (5). Pub. L. 115–91 added pars. (4) and (5).
2016
Subsec. (d). Pub. L. 114–328 added subsec. (d).
2002
Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2000
Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VI, § 611(1)], substituted “The Secretary of Defense and the Secretary of Transportation, with respect to the Coast Guard when it is not operating as a service in the Navy,” for “The President”.
Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VI, § 611(2)], substituted “the Secretary of Defense” for “the President”.
1996
Pub. L. 104–106 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Subsec. (c). Pub. L. 104–201 substituted “for which clothing is furnished or a uniform allowance is paid under this section” for “for which a uniform allowance is paid under section 415 or 416 of this title”.
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.
Reduction of Gender-Related Inequities in Costs of Uniforms to Members of the Armed Forces
Pub. L. 117–81, div. A, title V, § 571, , 135 Stat. 1753, provided that:
“(a) Establishment of Criteria.—
Not later than 180 days after the date of the enactment of this Act [], the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force.
“(b) Reviews.—
“(1) Quinquennial review.—
The Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria.
“(2) Periodic reviews.—
The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review—
“(A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1);
“(B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a);
“(C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and
“(D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a).
“(c) Regulations.—
Not later than , each Secretary of a military department shall prescribe regulations that ensure the following:
“(1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender.
“(2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change.
“(3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2).
“(d) Report.—
Not later than , the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on—
“(1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and
“(2) a comparison of costs for male and female military clothing items for members of each Armed Force.”
Executive Documents
Ex. Ord. No. 10113. Clothing Allowances for Enlisted Personnel
Ex. Ord. No. 10113, , 15 F.R. 1065, as amended by Ex. Ord. No. 13286, § 83, , 68 F.R. 10631, provided:
By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces, it is ordered as follows:
1. The Secretary of Defense with respect to enlisted men of the Army, the Navy, the Air Force, the Marine Corps, the Naval Reserve [now Navy Reserve], the Marine Corps Reserve, the National Guard, the Air National Guard, the National Guard of the United States, the Air National Guard of the United States, the Organized Reserve Corps [Army Reserve] and the Air Force Reserve, and the Secretary of Homeland Security with respect to enlisted men of the Coast Guard and the Coast Guard Reserve, are hereby authorized and directed, after appropriate consultation with the Director of the Bureau of the Budget [now Director of the Office of Management and Budget], to perform the functions vested in the President by section 505 of the Career Compensation Act of 1949, approved (Public Law 351, 81st Congress) [this section], relative to prescribing the quantity and kind of clothing which shall be furnished annually to enlisted men of the aforesaid services and relative to prescribing the amount of the cash allowance to be paid to such enlisted men in any case in which clothing is not so furnished to them.
2. The quantity and kind of clothing, and any cash allowances 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, revoked, 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 , and on that date shall supersede Executive Order No. 10049 [, 14 F.R. 1563] entitled “Delegating the Authority of the President to Prescribe Clothing Allowances, and Cash Allowances in Lieu Thereof, to Enlisted Men in the Armed Forces.”
Credits
1962–2021 · 9 acts
- 1962Pub. L. 87–649, , 76 Stat. 478
- 1996Pub. L. 104–106, div. A, title X, § 1038(c), , 110 Stat. 432
- 1996Pub. L. 104–201, div. A, title VI, § 654, , 110 Stat. 2583
- 2000Pub. L. 106–398, § 1 [[div. A], title VI, § 611], , 114 Stat. 1654, 1654A–150
- 2002Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314
- 2016Pub. L. 114–328, div. A, title VIII, § 817, , 130 Stat. 2272
- 2017Pub. L. 115–91, div. A, title VI, § 633, , 131 Stat. 1431
- 2021Pub. L. 116–283, div. A, title IX, § 925(e)(2), , 134 Stat. 3827
- 2021Pub. L. 117–81, div. A, title XVII, § 1702(f)(2), , 135 Stat. 2157.
Show as published
(Pub. L. 87–649, , 76 Stat. 478; Pub. L. 104–106, div. A, title X, § 1038(c), , 110 Stat. 432; Pub. L. 104–201, div. A, title VI, § 654, , 110 Stat. 2583; Pub. L. 106–398, § 1 [[div. A], title VI, § 611], , 114 Stat. 1654, 1654A–150; Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314; Pub. L. 114–328, div. A, title VIII, § 817, , 130 Stat. 2272; Pub. L. 115–91, div. A, title VI, § 633, , 131 Stat. 1431; Pub. L. 116–283, div. A, title IX, § 925(e)(2), , 134 Stat. 3827; Pub. L. 117–81, div. A, title XVII, § 1702(f)(2), , 135 Stat. 2157.)