37 U.S. Code § 415 - Uniform allowance: officers; initial allowance

§ 415.
Uniform allowance: officers; initial allowance
(a) Subject to subsection (b), an officer of an armed force is entitled to an initial allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment—
(1)
upon first reporting for active duty (other than for training) for a period of more than 90 days;
(2)
upon completing at least 14 days of active duty as a member of a reserve component;
(3)
upon completing 14 periods, each of which was of at least two hours’ duration, of inactive-duty training as a member of the Ready Reserve; or
(4)
upon reporting for the first period of active duty required by section 2121(c) of title 10 as a member of the Armed Forces Health Professions Scholarship program.
(b)
An officer who has received an initial uniform reimbursement or allowance under any other law is not entitled to an initial allowance under subsection (a).
(c) An allowance of $250 for uniforms and equipment may be paid to each commissioned officer of the Public Health Service who is—
(1)
on active duty or on inactive duty training status; and
(2)
required by directive of the Surgeon General to wear a uniform.
An officer is not entitled to more than one allowance under this subsection.

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)

415(a)

415(b)

415(c)

37:255(a) (less provisos).

37:255(a) (2d proviso).

37:255(a) (last proviso).

Oct. 12, 1949, ch. 681, § 305(a) (less 1st proviso); added Aug. 10, 1956, ch. 1041, § 20(d) (1st par., less 1st proviso), 70A Stat. 628.

415(d)

42:214.

July 1, 1944, ch. 373, § 213; restated Apr. 27, 1956, ch. 211, § 2(a), 70 Stat. 116.

415(e)

37:256.

Oct. 12, 1949, ch. 681, § 306; added Aug. 10, 1956, ch. 1041, § 20(d) (last par.), 70A Stat. 629.

[Uncodified.]

Aug. 7, 1947, ch. 512, § 302(f), 61 Stat. 830.

In subsection (a), the words “Subject to subsections (b) and (c) of this section,” are inserted for clarity. The words “of an armed force” are inserted, since the source section, as originally enacted, did not apply to the Public Health Service or the Coast and Geodetic Survey. (See section 243 of the Armed Forces Reserve Act of 1952 (66 Stat. 492).) The words “of the Army, or the Air Force, without specification of component” are inserted to reflect the definition of “reserve component” in section 102(k) of the source statute. That definition is executed throughout this revised title. For that reason, the words “but not as a member of the Army without specification of component or the Air Force without specification of component, in section 255(a)(2) of existing title 37”, are omitted, and since those categories are excluded by the words “member of a reserve component”. The words “of a reserve component”, in section 255(a)(3) of existing title 37, are omitted, since the Ready Reserve cannot be in anything other than a reserve component.

In subsection (b), the words “heretofore or hereafter” are omitted as surplusage.

In subsection (c), the words “An officer” are substituted for the words “any individual”, since the revised section applies only to officers.

In subsection (d), the words “who is in pay grade O–1, O–2, or O–3” are substituted for the words “is receiving the pay of the junior assistant, assistant, or senior assistant grade” to reflect current terminology. (See chapter 3 of this revised title.) The last sentence is substituted for section 214 (words following semicolon) of title 14.

In subsection (e), the words “as a temporary officer” are inserted for clarity. The words “5596 or” are substituted for section 302(f) of the Act of August 7, 1947, cited above.

Amendments

2000—Subsec. (a). Pub. L. 106–398 substituted “$400” for “$200” in introductory provisions.

1991—Subsecs. (a), (b). Pub. L. 102–25 struck out “of this section”.

1981—Subsec. (a). Pub. L. 97–22 substituted “subsection (b) of this section” for “subsections (b) and (c) of this section”.

Subsec. (a)(4). Pub. L. 97–60 added par. (4).

1980—Subsec. (a). Pub. L. 96–513, § 412(1), (2), substituted “an officer of an armed force is entitled” for “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 10is entitled”.

Subsecs. (c), (d). Pub. L. 96–513, § 412(3), (4), redesignated subsec. (d) as (c). Former subsec. (c), relating to limitations on qualifications for initial allowances by certain officers, was struck out.

Subsec. (e). Pub. L. 96–513, § 412(3), struck out subsec. (e) relating to uniform allowances for temporary officers or warrant officers.

1979—Subsec. (d). Pub. L. 96–76 in cl. (1) inserted provisions for applicability to officers on inactive duty training status, and struck out cl. (3) setting forth applicability to officers entitled to basic pay of pay grade O–1, O–2, or O–3.

1970—Subsec. (e). Pub. L. 91–278 provided for entitlement to uniform allowance of enlisted member appointed a warrant officer under section 213 of title 14.

1967—Subsec. (d)(3). Pub. L. 90–83 substituted “entitled to the basic pay” for “is entitled to the basic pay”.

1966—Subsec. (a). Pub. L. 89–718 struck out “, United States Code,” after “title 10”.

Subsec. (e). Pub. L. 89–444 substituted “section 214 of title 14” for “section 435 of title 14”.

1964—Subsec. (a). Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A], title VI, § 610(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150, provided that:

“The amendments made by this section [amending this section and section 416 of this title] shall take effect on October 1, 2000.”

Effective Date of 1981 Amendment

Pub. L. 97–22, § 10(c), July 10, 1981, 95 Stat. 137, provided that the amendment made by that section is effective Sept. 15, 1981.

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by section 412 of Pub. L. 96–513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–76 effective Oct. 1, 1979, see section 314 of Pub. L. 96–76, set out as a note under section 206 of Title 42, The Public Health and Welfare.

Transfer of Functions

Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and all functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855,80 Stat. 1610, set out in the Appendix to Title 5, Government Organization and Employees. Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by section 3508(b) of Title 20, Education.

 

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