§ 402a. — Supplemental subsistence allowance for lowincome members with dependents.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 37USC402a]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 402a. Supplemental subsistence allowance for low-income
members with dependents
(a) Supplemental Allowance Required.--(1) The Secretary concerned
shall increase the basic allowance for subsistence to which a member of
the armed forces described in subsection (b) is otherwise entitled under
section 402 of this title by an amount (in this section referred to as
the ``supplemental subsistence allowance'') designed to remove the
member's household from eligibility for benefits under the food stamp
program.
(2) The supplemental subsistence allowance may not exceed $500 per
month. In establishing the amount of the supplemental subsistence
allowance to be paid an eligible member under this paragraph, the
Secretary shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of this
title or would otherwise receive under such section, in the case of a
member who is not entitled to that allowance as a result of assignment
to quarters of the United States or a housing facility under the
jurisdiction of a uniformed service.
(3) In the case of a member described in subsection (b) who
establishes to the satisfaction of the Secretary concerned that the
allotment of the member's household under the food stamp program,
calculated in the absence of the supplemental subsistence allowance,
would exceed the amount established by the Secretary concerned under
paragraph (2), the amount of the supplemental subsistence allowance for
the member shall be equal to the lesser of the following:
(A) The value of that allotment.
(B) $500.
(b) Members Entitled to Allowance.--(1) Subject to subsection (d), a
member of the armed forces with dependents is entitled to receive the
supplemental subsistence allowance if the Secretary concerned determines
that the member's income, together with the income of the rest of the
member's household (if any), is within the highest income standard of
eligibility, as then in effect under section 5(c) of the Food Stamp Act
of 1977 (7 U.S.C. 2014(c)) and without regard to paragraph (1) of such
section, for participation in the food stamp program.
(2) In determining whether a member meets the eligibility criteria
under paragraph (1), the Secretary--
(A) shall not take into consideration the amount of the
supplemental subsistence allowance payable under this section; but
(B) shall take into consideration the amount of the basic
allowance for housing that the member receives under section 403 of
this title or would otherwise receive under such section, in the
case of a member who is not entitled to that allowance as a result
of assignment to quarters of the United States or a housing facility
under the jurisdiction of a uniformed service.
(c) Application for Allowance.--To request the supplemental
subsistence allowance, a member shall submit an application to the
Secretary concerned in such form and containing such information as the
Secretary concerned may prescribe. A member applying for the
supplemental subsistence allowance shall furnish such evidence regarding
the member's satisfaction of the eligibility criteria under subsection
(b) as the Secretary concerned may require.
(d) Effective Period.--The entitlement of a member to receive the
supplemental subsistence allowance terminates upon the occurrence of any
of the following events, even though the member continues to meet the
eligibility criteria described in subsection (b):
(1) Payment of the supplemental subsistence allowance for 12
consecutive months.
(2) Promotion of the member to a higher grade.
(3) Transfer of the member in a permanent change of station.
(e) Reapplication.--Upon the termination of the effective period of
the supplemental subsistence allowance for a member, or in anticipation
of the imminent termination of the allowance, a member may reapply for
the allowance under subsection (c), and the Secretary concerned shall
approve the application and resume payment of the allowance to the
member, if the member continues to meet, or once again meets, the
eligibility criteria described in subsection (b).
(f) Reporting Requirement.--Not later than March 1 of each year
after 2001, the Secretary of Defense shall submit to Congress a report
specifying the number of members of the armed forces who received, at
any time during the preceding year, the supplemental subsistence
allowance. In preparing the report, the Secretary of Defense shall
consult with the Secretary of Transportation. No report is required
under this subsection after March 1, 2006.
(g) Definitions.--In this section:
(1) The term ``Secretary concerned'' means--
(A) the Secretary of Defense; and
(B) the Secretary of Homeland Security, with respect to the
Coast Guard when it is not operating as a service in the Navy.
(2) The terms ``allotment'' and ``household'' have the meanings
given those terms in section 3 of the Food Stamp Act of 1977 (7
U.S.C. 2012).
(3) The term ``food stamp program'' means the program
established pursuant to section 4 of the Food Stamp Act of 1977 (7
U.S.C. 2013).
(h) Termination of Authority.--No supplemental subsistence allowance
may be provided under this section after September 30, 2006.
(Added Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 604(a)(1)],
Oct. 30, 2000, 114 Stat. 1654, 1654A-145; amended Pub. L. 107-107, div.
A, title VI, Sec. 604(d), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107-
296, title XVII, Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Amendments
2002--Subsec. (g)(1)(B). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
2001--Subsec. (b)(1). Pub. L. 107-107 inserted ``with dependents''
after ``a member of the armed forces''.
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
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 604(b)], Oct. 30,
2000, 114 Stat. 1654, 1654A-147, provided that: ``Section 402a of title
37, United States Code, as added by subsection (a), shall take effect on
the first day of the first month that begins not less than 180 days
after the date of the enactment of this Act [Oct. 30, 2000].''
