§ 417. — Uniform allowance: officers; general provisions.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC417]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 417. Uniform allowance: officers; general provisions
(a) Subject to standards, policies, and procedures prescribed by the
Secretary of Defense, the Secretary of each military department may
prescribe regulations that he considers necessary to carry out sections
415(a)-(c) and 416 of this title within his department. The Secretary of
Homeland Security, with the concurrence of the Secretary of the Navy,
may prescribe regulations that he considers necessary to carry out those
sections for the Coast Guard when it is not operating as a service in
the Navy. As far as practicable, regulations for all reserve components
shall be uniform.
(b) Under regulations approved by the Secretary of Defense, or by
the Secretary of Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, and subject to section
415(a)-(c) or 416 of this title, a reserve officer of an armed force who
has received a uniform and equipment allowance under section 415(a)-(c)
or 416 of this title, may if a different uniform is required, be paid a
uniform and equipment reimbursement upon transfer to, or appointment in,
another reserve component.
(c) For the purposes of sections 415(a)-(c) and 416 of this title
and subsections (a) and (b), an officer may count only that duty for
which he is required to wear a uniform.
(d)(1) For purposes of sections 415 and 416 of this title, a period
for which an officer of an armed force, while employed as a National
Guard technician, is required to wear a uniform under section 709(b) of
title 32 shall be treated as a period of active duty (other than for
training).
(2) A uniform allowance may not be paid, and uniforms may not be
furnished, to an officer under section 1593 of title 10 or section 5901
of title 5 for a period of employment referred to in paragraph (1) for
which an officer is paid a uniform allowance under section 415 or 416 of
this title.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 90-623, Sec. 3(1),
Oct. 22, 1968, 82 Stat. 1314; Pub. L. 102-25, title VII, Sec. 702(b)(1),
(c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104-106, div. A, title X,
Sec. 1038(b), Feb. 10, 1996, 110 Stat. 432; Pub. L. 107-296, title XVII,
Sec. 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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417(a)................................ 37:255(e). Oct. 12, 1949, ch. 681, Sec. 305
417(b)................................ 37:255(d). (1st proviso of (a)), (d), (e);
417(c)................................ 37:255(a) (1st proviso). added Aug. 10, 1956, ch. 1041,
Sec. 20(d) (1st proviso of 1st
par., 4th par., and 5th par.), 70A
Stat. 629.
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In subsection (a), the words ``within that department'' are inserted
for clarity. The words ``may prescribe'' are substituted for the words
``shall prescribe'', since the words ``that he considers necessary''
indicate that the prescribing of regulations is not mandatory.
Subsection (b) is substituted for section 255(d) (less last
sentence) of existing title 37. Section 255(d) 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.)
Amendments
2002--Subsecs. (a), (b). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1996--Subsec. (d). Pub. L. 104-106 added subsec. (d).
1991--Subsec. (c). Pub. L. 102-25 struck out ``of this section''
after ``subsections (a) and (b)''.
1968--Subsecs. (a), (b). Pub. L. 90-623 substituted ``Secretary of
Transportation'' for ``Secretary of the Treasury''.
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 of 1968 Amendment
Amendment by Pub. L. 90-623 intended to restate without substantive
change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90-
623, set out as a note under section 5334 of Title 5, Government
Organization and Employees.
