37 U.S.C. § 416

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 416 - Uniform allowance: officers; additional allowances

(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 additional uniforms and equipment required on that duty, for each time that the officer enters on active 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 uniform 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.

37 U.S.C. § 416

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 initial 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 excluded". 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 substituted for the word "further". The words "of an armed force" and "of the Army, or the Air Force, without 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

AMENDMENTS2001-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 subsection (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 authorized by section 415(a)-(c) of this title, a reserve officer of an armed force who has not become entitled to a uniform 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 uniforms 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 sentence 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 allowances" 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 component" 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.

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, 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 allowance under this section is in addition to any allowance available under any other provision of law."(c) SOURCE OF FUNDS.-Funds for allowances provided under subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for military personnel of the Space Force for such fiscal year."(d) APPLICABILITY.-The authority for an allowance under this section shall apply with respect to any officer described in subsection (a) who transfers to the Space Force- "(1) during the period beginning on December 20, 2019, and ending on September 30, 2025; 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]."