PocketLaw | USC 37 | Uniform allowance: officers; additional

Uniform allowance: officers; additional allowances

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§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.

( 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

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 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.

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]."

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