§ 418. — Clothing allowance: enlisted members.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC418]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 418. Clothing allowance: enlisted members
(a) The Secretary of Defense and the Secretary of Homeland Security,
with respect to the Coast Guard when it is not operating as a service in
the Navy, may prescribe the quantity and kind of clothing to be
furnished annually to an enlisted member of the armed forces or the
National Guard, and may prescribe the amount of a cash allowance to be
paid to such a member if clothing is not so furnished to him.
(b) In determining the quantity and kind of clothing or allowances
to be furnished pursuant to regulations prescribed under this section to
persons employed as National Guard technicians under section 709 of
title 32, the Secretary of Defense shall take into account the
requirement under subsection (b) of such section for such persons to
wear a uniform.
(c) A uniform allowance may not be paid, and uniforms may not be
furnished, under section 1593 of title 10 or section 5901 of title 5 to
a person referred to in subsection (b) for a period of employment
referred to in that subsection for which clothing is furnished or a
uniform allowance is paid under this section.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 104-106, div. A,
title X, Sec. 1038(c), Feb. 10, 1996, 110 Stat. 432; Pub. L. 104-201,
div. A, title VI, Sec. 654, Sept. 23, 1996, 110 Stat. 2583; Pub. L. 106-
398, Sec. 1 [[div. A], title VI, Sec. 611], Oct. 30, 2000, 114 Stat.
1654, 1654A-150; 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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418................................... 37:305. Oct. 12, 1949, ch. 681, Sec. 505,
63 Stat. 828.
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The words ``the armed forces'' are substituted for the words ``the
Army, the Navy, the Air Force, the Marine Corps, the Coast Guard'' to
conform to the definition in section 101(4) of this title. The words
``the Naval Reserve, the Marine Corps Reserve, . . . the National Guard
of the United States, the Air National Guard of the United States, the
Army Reserve, the Air Force Reserve, and the Coast Guard Reserve'' are
omitted, since, under the definitions of the armed forces concerned in
sections 3062(c), 5001(a)(1) and (2), and 8062(d) of title 10, and
section 751a of title 14, those organizations, or their successors, are
components of the armed force concerned.
Amendments
2002--Subsec. (a). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 611(1)], substituted ``The Secretary of Defense and the Secretary
of Transportation, with respect to the Coast Guard when it is not
operating as a service in the Navy,'' for ``The President''.
Subsec. (b). Pub. L. 106-398, Sec. 1 [[div. A], title VI,
Sec. 611(2)], substituted ``the Secretary of Defense'' for ``the
President''.
1996--Pub. L. 104-106 designated existing provisions as subsec. (a)
and added subsecs. (b) and (c).
Subsec. (c). Pub. L. 104-201 substituted ``for which clothing is
furnished or a uniform allowance is paid under this section'' for ``for
which a uniform allowance is paid under section 415 or 416 of this
title''.
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.
Ex. Ord. No. 10113. Clothing Allowances for Enlisted Personnel
Ex. Ord. No. 10113, Feb. 24, 1950, 15 F.R. 1065, as amended by Ex.
Ord. No. 13286, Sec. 83, Feb. 28, 2003, 68 F.R. 10631, provided:
By virtue of the authority vested in me as President of the United
States and as Commander in Chief of the armed forces, it is ordered as
follows:
1. The Secretary of Defense with respect to enlisted men of the
Army, the Navy, the Air Force, the Marine Corps, the Naval Reserve, the
Marine Corps Reserve, the National Guard, the Air National Guard, the
National Guard of the United States, the Air National Guard of the
United States, the Organized Reserve Corps [Army Reserve] and the Air
Force Reserve, and the Secretary of Homeland Security with respect to
enlisted men of the Coast Guard and the Coast Guard Reserve, are hereby
authorized and directed, after appropriate consultation with the
Director of the Bureau of the Budget [now Director of the Office of
Management and Budget], to perform the functions vested in the President
by section 505 of the Career Compensation Act of 1949, approved October
12, 1949 (Public Law 351, 81st Congress) [this section], relative to
prescribing the quantity and kind of clothing which shall be furnished
annually to enlisted men of the aforesaid services and relative to
prescribing the amount of the cash allowance to be paid to such enlisted
men in any case in which clothing is not so furnished to them.
2. The quantity and kind of clothing, and any cash allowances in
lieu thereof, prescribed by the Secretary of Homeland Security hereunder
with respect to the Coast Guard and the Coast Guard Reserve shall, so
far as practicable, be in conformity with those prescribed by the
Secretary of Defense with respect to the Navy and Naval Reserve,
respectively.
3. Existing regulations prescribing the quantity and kind of
clothing furnished, and any cash allowances in lieu thereof, shall
remain in effect until modified, revoked, or superseded by action taken
pursuant to this order.
4. The term ``enlisted men'' as used in this order shall be deemed
to apply to enlisted persons of either sex.
5. This order shall become effective on April 1, 1950, and on that
date shall supersede Executive Order No. 10049 [Apr. 4, 1949, 14 F.R.
1563] entitled ``Delegating the Authority of the President to Prescribe
Clothing Allowances, and Cash Allowances in Lieu Thereof, to Enlisted
Men in the Armed Forces.''
Section Referred to in Other Sections
This section is referred to in section 907 of this title.
