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§ 416. —  Uniform allowance: officers; additional allowances.



[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
  January 7, 2003 and December 19, 2003]
[CITE: 37USC416]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 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, Sec. 1, 
Oct. 3, 1964, 78 Stat. 1002; Pub. L. 88-647, title II, Sec. 202(3), Oct. 
13, 1964, 78 Stat. 1070; Pub. L. 89-718, Sec. 63, Nov. 2, 1966, 80 Stat. 
1123; Pub. L. 96-513, title V, Sec. 516(13), Dec. 12, 1980, 94 Stat. 
2938; Pub. L. 101-189, div. A, title VI, Sec. 663(a), Nov. 29, 1989, 103 
Stat. 1465; Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 610(b)], 
Oct. 30, 2000, 114 Stat. 1654, 1654A-150; Pub. L. 107-107, div. A, title 
VI, Sec. 606(a), Dec. 28, 2001, 115 Stat. 1134.)

                                          Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
            Revised section                      Source (U.S. Code)               Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
416(a)................................  37:255(b).                           Oct. 12, 1949, ch. 681, Sec.
416(b)................................  37:255(c).                            305(b), (c); added Aug. 10, 1956,
                                                                              ch. 1041, Sec.  20(d) (2d and 3d
                                                                              pars.), 70A Stat. 628; Sept. 2,
                                                                              1958, Pub. L. 85-861, Sec.  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.


                               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.


                    Effective Date of 2001 Amendment

    Pub. L. 107-107, div. A, title VI, Sec. 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, Sec. 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

    Section 663(b) of Pub. L. 101-189 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

    Section 2 of Pub. L. 88-624 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].''

                  Section Referred to in Other Sections

    This section is referred to in section 417 of this title.



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