§ 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
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Revised section Source (U.S. Code) Source (Statutes at Large)
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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.
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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.