Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

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59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
type: "LegalText"
title: "37 U.S.C. § 401"
description: "Definitions"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "401"
citation: "37 U.S.C. § 401"
status: "current"
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release_date: "2026-06-26"
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---
# 37 U.S.C. § 401 - Definitions
## Text
(a) Dependent Defined.— In this chapter, the term “dependent”, with respect to a member of a uniformed service, means the following persons:
(1) The spouse of the member.
(2) An unmarried child of the member who—
(A) is under 21 years of age;
(B) is incapable of self-support because of mental or physical incapacity and is in fact dependent on the member for more than one-half of the childs support; or
(C) is under 23 years of age, is enrolled in a full-time course of study in an institution of higher education approved by the Secretary concerned for purposes of this subparagraph, and is in fact dependent on the member for more than one-half of the childs support.
(3) A parent of the member if—
(A) the parent is in fact dependent on the member for more than one-half of the parents support;
(B) the parent has been so dependent for a period prescribed by the Secretary concerned or became so dependent due to a change of circumstances arising after the member entered on active duty; and
(C) the dependency of the parent on the member is determined on the basis of an affidavit submitted by the parent and any other evidence required under regulations prescribed by the Secretary concerned.
(4) An unmarried person who—
(A) is placed in the legal custody of the member as a result of an order of a court of competent jurisdiction in the United States (or Puerto Rico or a possession of the United States) for a period of at least 12 consecutive months;
(B) either—
(i) has not attained the age of 21;
(ii) has not attained the age of 23 years and is enrolled in a full time course of study at an institution of higher learning approved by the Secretary concerned; or
(iii) is incapable of self support because of a mental or physical incapacity that occurred while the person was considered a dependent of the member or former member under this paragraph pursuant to clause (i) or (ii);
(C) is dependent on the member for over one-half of the persons support;
(D) resides with the member unless separated by the necessity of military service or to receive institutional care as a result of disability or incapacitation or under such other circumstances as the Secretary concerned may by regulation prescribe; and
(E) is not a dependent of a member under any other paragraph.
(b) Other Definitions.— For purposes of subsection (a):
(1) The term “child” includes—
(A) a stepchild of the member (except that such term does not include a stepchild after the divorce of the member from the stepchilds parent by blood);
(B) an adopted child of the member, including a child placed in the home of the member by a placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member; and
(C) an illegitimate child of the member if the members parentage of the child is established in accordance with criteria prescribed in regulations by the Secretary concerned.
(2) The term “parent” means—
(A) a natural parent of the member;
(B) a stepparent of the member;
(C) a parent of the member by adoption;
(D) a parent, stepparent, or adopted parent of the spouse of the member; and
(E) any other person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 9364, title I, §§ 103, 104, July 9, 1973, 87 Stat. 148; Pub. L. 10026, § 8(e)(7), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102190, div. A, title VI, § 621, Dec. 5, 1991, 105 Stat. 1377; Pub. L. 103160, div. A, title VI, § 631(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 103337, div. A, title VII, § 701(b), Oct. 5, 1994, 108 Stat. 2797.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 40137:231(g) (less last proviso of last sentence).Oct. 12, 1949, ch. 681, § 102(g) (less last proviso of last sentence), 63 Stat. 804; Sept. 8, 1950, ch. 922, § 1, 64 Stat. 794; Mar. 23, 1953, ch. 8 (as applicable to § 102(g)), 67 Stat. 6; June 30, 1955, ch. 250, § 103 (as applicable to § 102(g)), 69 Stat. 224; Mar. 23, 1959, Pub. L. 864, § 3 (as applicable to § 102(g)), 73 Stat. 13. The words “lawful”, “at all times and in all places”, “except as hereinafter limited in this subsection”, and “in addition to those persons otherwise defined as dependents in this subsection” are omitted as surplusage. In clause (1), the word “spouse” is substituted for words “wife” and “husband”. Clause (2) is substituted for the 16th through 24th words of the first sentence of section 231(g) of existing title 37 and the third sentence (less last proviso) of section 231(g) of existing title 37. Clause (3) is substituted for the second sentence of section 231(g) of existing title 37 and the last sentence (less provisos) of section 231(g) of existing title 37. The second sentence is substituted for the last proviso of the third sentence of section 231(g) of existing title 37. The last sentence is substituted for the first proviso of the last sentence of section 231(g) of existing title 37.
Editorial Notes
Amendments1994—Subsec. (b)(1)(B). Pub. L. 103337 substituted “placement agency (recognized by the Secretary of Defense) in anticipation of the legal adoption of the child by the member” for “placement agency for the purpose of adoption”. 1993—Subsec. (a)(4). Pub. L. 103160 added par. (4). 1991—Pub. L. 102190 amended text generally. Prior to amendment, text read as follows: “In this chapter, the term dependent, with respect to a member of a uniformed service, means— “(1) his spouse; “(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the childs support, or whose parentage has been admitted in writing by the member) who either— “(A) is under 21 years of age; or “(B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and “(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of age) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless— “(A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or “(B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support. For the purposes of this section, the relationship between a stepparent and his stepchild is terminated by the stepparents divorce from the parent by blood.” 1987—Pub. L. 10026 inserted “the term” after “In this chapter,”. 1973—Cl. (2). Pub. L. 9364, § 103(1), in revising cl. (1) of first sentence, substituted “unmarried child” for “unmarried legitimate child” and defined dependent to include an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the childs support, or whose parentage has been admitted in writing by the member. Cl. (3). Pub. L. 9364, § 104, in revising cl. (3) of first sentence, substituted “five years before the member became 21 years” for “five years before he became 21 years”, struck out requirement of actual residence of parent in the members household, and inserted provision respecting determination of dependency of parent, including items (A) and (B), formerly contained in former section 2201 of Appendix to Title 50, War and National Defense. Closing text. Pub. L. 9364, § 103(2), struck out second sentence, following cl. (3) of first sentence, stating that a person is not a dependent of a female member unless he is in fact dependent on her for over one-half of his support.
Statutory Notes and Related Subsidiaries
Effective Date of 1993 AmendmentPub. L. 103160, div. A, title VI, § 631(b), Nov. 30, 1993, 107 Stat. 1684, provided that: “Section 401(a)(4) of title 37, United States Code, as added by subsection (a), shall apply with respect to determinations of dependency made on or after July 1, 1994.”
Effective Date of 1973 AmendmentPub. L. 9364, title II, § 206, July 9, 1973, 87 Stat. 149, provided that: “This Act [enacting section 1173 of Title 10, Armed Forces, amending this section and sections 302, 302a, 303, 308a, and 403 of this title, and repealing sections 2210 to 2212 of the former Appendix to Title 50, War and National Defense] shall become effective July 1, 1973.”
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title: "37 U.S.C. § 402a"
description: "Supplemental subsistence allowance for low-income members with dependents"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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# 37 U.S.C. § 402a - Supplemental subsistence allowance for low-income members with dependents
## Text
(a) Supplemental Allowance Required.— (1) The Secretary concerned shall increase the basic allowance for subsistence to which a member of the armed forces described in subsection (b) is otherwise entitled under section 402 of this title by an amount (in this section referred to as the “supplemental subsistence allowance”) designed to remove the members household from eligibility for benefits under the supplemental nutrition assistance program.
(2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible member under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the member receives under section 403 of this title or would otherwise receive under such section, in the case of a member who is not entitled to that allowance as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service.
(3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the members household under the supplemental nutrition assistance program, calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the Secretary concerned under paragraph (2), the amount of the supplemental subsistence allowance for the member shall be equal to the lesser of the following:
(A) The value of that allotment.
(B) $1,100.
(b) Members Entitled to Allowance.— (1) Subject to subsection (d) and paragraph (4), a member of the armed forces with dependents is entitled to receive the supplemental subsistence allowance if the Secretary concerned determines that the members income, together with the income of the rest of the members household (if any), is within the highest income standard of eligibility, as then in effect under section 5(c) of the Food and Nutrition Act of 2008 (7 U.S.C. 2014(c)) and without regard to paragraph (1) of such section, for participation in the supplemental nutrition assistance program.
(2) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall take into consideration the amount of the basic allowance for housing that the member receives under section 403 of this title or would otherwise receive under such section, in the case of a member who is not entitled to that allowance as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service.
(3) In determining whether a member meets the eligibility criteria under paragraph (1), the Secretary concerned shall not take into consideration—
(A) the amount of the supplemental subsistence allowance that is payable under this section;
(B) the amount of any special pay that is payable to the member under section 310 or 351 of this title, relating to duty subject to hostile fire or imminent danger; or
(C) the amount of any family separation allowance that is payable to the member under section 427 of this title.
(4) After September 30, 2016, a member is eligible for a supplemental subsistence allowance under this section only if the member is serving outside the United States, the Commonwealth of Puerto Rico, the United States Virgin Islands, or Guam.
(c) Application for Allowance.— To request the supplemental subsistence allowance, a member shall submit an application to the Secretary concerned in such form and containing such information as the Secretary concerned may prescribe. A member applying for the supplemental subsistence allowance shall furnish such evidence regarding the members satisfaction of the eligibility criteria under subsection (b) as the Secretary concerned may require.
(d) Effective Period.— The entitlement of a member to receive the supplemental subsistence allowance terminates upon the occurrence of any of the following events, even though the member continues to meet the eligibility criteria described in subsection (b):
(1) Payment of the supplemental subsistence allowance for 12 consecutive months.
(2) Promotion of the member to a higher grade.
(3) Transfer of the member in a permanent change of station.
(e) Reapplication.— Upon the termination of the effective period of the supplemental subsistence allowance for a member, or in anticipation of the imminent termination of the allowance, a member may reapply for the allowance under subsection (c), and the Secretary concerned shall approve the application and resume payment of the allowance to the member, if the member continues to meet, or once again meets, the eligibility criteria described in subsection (b).
(f) Eligibility for Other Federal Assistance.— (1) A child or spouse of a member of the armed forces receiving the supplemental subsistence allowance under this section who, except on account of the receipt of such allowance, would be eligible to receive a benefit described in paragraph (2) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance.
(2) The benefits referred to in paragraph (1) are as follows:
(A) Assistance provided under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).
(B) Assistance provided under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(C) A service provided under the Head Start Act (42 U.S.C. 9831 et seq.).
(D) Assistance under the Child Care and Development Block Grant Act of 1990 (42 U.S.C. 9858 11 See References in Text note below. et seq.).
(3) A household that includes a member of the armed forces receiving the supplemental subsistence allowance under this section and that, except on account of the receipt of such allowance, would be eligible to receive a benefit under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 et seq.) shall be considered to be eligible for that benefit notwithstanding the receipt of such allowance.
(g) Definitions.— In this section:
(1) The term “Secretary concerned” means—
(A) the Secretary of Defense; and
(B) the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
(2) The terms “allotment” and “household” have the meanings given those terms in section 3 of the Food and Nutrition Act of 2008 (7 U.S.C. 2012).
(3) The term “supplemental nutrition assistance program” means the program established pursuant to section 4 of the Food and Nutrition Act of 2008 (7 U.S.C. 2013).
(Added Pub. L. 106398, § 1 [[div. A], title VI, § 604(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A145; amended Pub. L. 107107, div. A, title VI, § 604(d), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108375, div. A, title VI, § 602(a), (b), Oct. 28, 2004, 118 Stat. 1943; Pub. L. 109163, div. A, title VI, § 608, Jan. 6, 2006, 119 Stat. 3289; Pub. L. 109364, div. A, title X, § 1071(c)(6), (e)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 110234, title IV, § 4002(b)(1)(A), (B), (2)(T), May 22, 2008, 122 Stat. 10951097; Pub. L. 110246, § 4(a), title IV, § 4002(b)(1)(A), (B), (2)(T), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 11184, div. A, title VI, § 602(a), Oct. 28, 2009, 123 Stat. 2347; Pub. L. 11281, div. A, title X, § 1063(a), Dec. 31, 2011, 125 Stat. 1586; Pub. L. 11492, div. A, title VI, § 602, Nov. 25, 2015, 129 Stat. 836; Pub. L. 114328, div. A, title VI, § 618(h)(2), Dec. 23, 2016, 130 Stat. 2160.)
## Notes
Editorial Notes
References in TextThe Richard B. Russell National School Lunch Act, referred to in subsec. (f)(2)(A), is act June 4, 1946, ch. 281, 60 Stat. 230, which is classified generally to chapter 13 (§ 1751 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1751 of Title 42 and Tables. The Child Nutrition Act of 1966, referred to in subsec. (f)(2)(B), is Pub. L. 89642, Oct. 11, 1966, 80 Stat. 885, which is classified generally to chapter 13A (§ 1771 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 1771 of Title 42 and Tables. The Head Start Act, referred to in subsec. (f)(2)(C), is subchapter B (§ 635 et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 499, which is classified generally to subchapter II (§ 9831 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 9801 of Title 42 and Tables. The Child Care and Development Block Grant Act of 1990, referred to in subsec. (f)(2)(D), is subchapter C (§ 658A et seq.) of chapter 8 of subtitle A of title VI of Pub. L. 9735, as added by Pub. L. 101508, title V, § 5082(2), Nov. 5, 1990, 104 Stat. 1388236, which is classified generally to subchapter IIB (§ 9857 et seq.) of chapter 105 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see section 9857(a) of Title 42 and Tables. The Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (f)(3), is title XXVI of Pub. L. 9735, Aug. 13, 1981, 95 Stat. 893, which is classified principally to subchapter II (§ 8621 et seq.) of chapter 94 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 8621 of Title 42 and Tables.
Codification Pub. L. 110234 and Pub. L. 110246 made identical amendments to this section. The amendments by Pub. L. 110234 were repealed by section 4(a) of Pub. L. 110246.
Amendments2016—Subsec. (b)(3)(B). Pub. L. 114328 inserted “or 351” after “section 310”. 2015—Subsec. (b)(1). Pub. L. 11492, § 602(1), inserted “and paragraph (4)” after “subsection (d)”. Subsec. (b)(4). Pub. L. 11492, § 602(2), added par. (4). 2011—Subsecs. (f) to (h). Pub. L. 11281 redesignated subsecs. (g) and (h) as (f) and (g), respectively, and struck out former subsec. (f). Prior to amendment, text of subsec. (f) read as follows: “Not later than March 1 of each year after 2001, the Secretary of Defense shall submit to Congress a report specifying the number of members of the armed forces who received, at any time during the preceding year, the supplemental subsistence allowance. In preparing the report, the Secretary of Defense shall consult with the Secretary of Homeland Security, with respect to the Coast Guard.” 2009—Subsec. (a)(2), (3)(B). Pub. L. 11184 substituted “$1,100” for “$500”. 2008—Subsec. (a)(1), (3). Pub. L. 110246, § 4002(b)(1)(A), (2)(T), substituted “supplemental nutrition assistance program” for “food stamp program”. Subsec. (b)(1). Pub. L. 110246, § 4002(b)(1)(A), (B), (2)(T), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977” and “supplemental nutrition assistance program” for “food stamp program”. Subsec. (h)(2). Pub. L. 110246, § 4002(b)(1)(B), (2)(T), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”. Subsec. (h)(3). Pub. L. 110246, § 4002(b)(1)(A), (B), (2)(T), substituted “supplemental nutrition assistance program” for “food stamp program” and “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”. 2006—Subsec. (b)(3)(B). Pub. L. 109364, § 1071(c)(6), substituted “title” for “section”. Subsec. (f). Pub. L. 109163, § 608(b), as amended by Pub. L. 109364, § 1071(e)(4), substituted “Secretary of Homeland Security, with respect to the Coast Guard” for “Secretary of Transportation” and struck out at end “No report is required under this subsection after March 1, 2006.” Subsec. (i). Pub. L. 109163, § 608(a), struck out heading and text of subsec. (i). Text read as follows: “No supplemental subsistence allowance may be provided under this section after September 30, 2006.” 2004—Subsec. (b)(2). Pub. L. 108375, § 602(a)(1), substituted “concerned” for dash after “Secretary” and struck out “(A) shall not take into consideration the amount of the supplemental subsistence allowance payable under this section; but” and subpar. (B) designation before “shall take”. Subsec. (b)(3). Pub. L. 108375, § 602(a)(2), added par. (3). Subsecs. (g) to (i). Pub. L. 108375, § 602(b), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. 2002—Subsec. (g)(1)(B). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 2001—Subsec. (b)(1). Pub. L. 107107 inserted “with dependents” after “a member of the armed forces”.
Statutory Notes and Related Subsidiaries
Effective Date of 2009 AmendmentPub. L. 11184, div. A, title VI, § 602(b), Oct. 28, 2009, 123 Stat. 2347, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on October 1, 2009, and shall apply with respect to monthly supplemental subsistence allowances for low-income members with dependents payable on or after that date.”
Effective Date of 2008 AmendmentAmendment of this section and repeal of Pub. L. 110234 by Pub. L. 110246 effective May 22, 2008, the date of enactment of Pub. L. 110234, except as otherwise provided, see section 4 of Pub. L. 110246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(A), (B), (2)(T) of Pub. L. 110246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110246, set out as a note under section 1161 of Title 2, The Congress.
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title X, § 1071(e), Oct. 17, 2006, 120 Stat. 2401, provided that the amendment made by section 1071(e)(4) is effective as of Jan. 6, 2006, and as if included in Pub. L. 109163 as enacted.
Effective Date of 2004 AmendmentPub. L. 108375, div. A, title VI, § 602(c), Oct. 28, 2004, 118 Stat. 1944, provided that: “The amendments made by this section [amending this section] shall apply in determining, on or after the date of the enactment of this Act [Oct. 28, 2004], the eligibility of a person for a supplemental subsistence allowance under section 402a of title 37, United States Code, or for Federal assistance under a law specified in subsection (g) of such section, as so amended.”
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective DatePub. L. 106398, § 1 [[div. A], title VI, § 604(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A147, provided that: “Section 402a of title 37, United States Code, as added by subsection (a), shall take effect on the first day of the first month that begins not less than 180 days after the date of the enactment of this Act [Oct. 30, 2000].”
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# 37 U.S.C. § 402b - Basic needs allowance for members on active service in the Armed Forces
## Text
(a) Allowance Required.— The Secretary concerned shall pay to each member who is eligible under subsection (b) a basic needs allowance in the amount determined for such member under subsection (c).
(b) Eligible Members.— A member on active service in the armed forces is eligible for the allowance under subsection (a) if—
(1) the member has completed initial entry training;
(2) the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and
(3) the member—
(A) is not ineligible for the allowance under subsection (d); and
(B) does not elect under subsection (g) not to receive the allowance.
(c) Amount of Allowance.— The amount of the monthly allowance payable to a member under subsection (a) shall be the amount equal to—
(1) (A) 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the calendar year during which the allowance is paid based on the location of the member and the number of individuals in the household of the member during the month for which the allowance is paid; minus
(B) the gross household income of the member during the preceding calendar year; divided by
(2) 12.
(d) Bases of Ineligibility.— (1) In general.— The following members are ineligible for the allowance under subsection (a):
(A) A member who does not have any dependents.
(B) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, a midshipman at the United States Naval Academy, or a cadet or midshipman serving elsewhere in the armed forces.
(2) Household with more than one eligible member.— In the event a household contains two or more members determined under subsection (f) to be eligible to receive the allowance under subsection (a), only one allowance may be paid to a member among such members as such members shall jointly elect.
(3) Automatic ineligibility of members receiving certain pay increases.— A member determined to be eligible under subsection (f) for the allowance under subsection (a) whose monthly gross household income increases as a result of a promotion or other permanent increase to pay or allowances under this title to an amount that, on an annualized basis, would exceed the amount described in subsection (b)(2) is ineligible for the allowance. If such member is receiving the allowance, payment of the allowance shall automatically terminate within a reasonable time, as determined by the Secretary of Defense in regulations prescribed under subsection (j).
(4) Ineligibility of certain changes in income.— A member whose gross household income for the preceding year decreases because of a fine, forfeiture, or reduction in rank imposed as a part of disciplinary action or an action under chapter 47 of title 10 (the Uniform Code of Military Justice) is not eligible for the allowance under subsection (a) solely as a result of the fine, forfeiture, or reduction in rank.
(e) Application by Members Seeking Allowance.— (1) In general.— A member who seeks to receive the allowance under subsection (a) shall submit to the Secretary concerned an application for the allowance that includes such information as the Secretary may require in order to determine whether or not the member is eligible to receive the allowance.
(2) Timing of submission.— A member who receives the allowance under subsection (a) and seeks to continue to receive the allowance shall submit to the Secretary concerned an updated application under paragraph (1) at such times as the Secretary may require, but not less frequently than annually.
(3) Voluntary submission.— The submission of an application under paragraph (1) is voluntary.
(4) Screening of members for eligibility.— The Secretary of Defense shall—
(A) ensure that all members of the armed forces are screened during initial entry training and regularly thereafter for eligibility for the allowance under subsection (a); and
(B) notify any member so screened who may be eligible that the member may apply for the allowance by submitting an application under paragraph (1).
(f) Determinations of Eligibility.— (1) In general.— The Secretary concerned shall—
(A) determine which members of the armed forces are eligible under subsection (b); and
(B) notify each such member, in writing, of that determination.
(2) Information included in notice.— The notice under paragraph (1) shall include information regarding financial management and assistance programs for which the member may be eligible.
(g) Election Not to Receive Allowance.— (1) In general.— A member determined under subsection (f) to be eligible for the allowance under subsection (a) may elect, in writing, not to receive the allowance.
(2) Deemed ineligible.— A member who does not submit an application under subsection (e) within a reasonable time (as determined by the Secretary concerned) shall be deemed ineligible for the allowance under subsection (a).
(h) Special Rule for Members Stationed Outside United States.— In the case of a member assigned to a duty location outside the United States, the Secretary concerned shall make the calculations described in subsections (b)(2) and (c)(1) using the Federal poverty guidelines of the Department of Health and Human Services for the continental United States.
(i) Regulations.— Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, the Secretary of Defense shall prescribe regulations for the administration of this section.
(j) Effective Period.— (1) Implementation period.— The allowance under subsection (a) is payable for months beginning on or after the date that is one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2022.
(2) Termination.— The allowance under subsection (a) may not be paid for any month beginning after December 31, 2027.
(k) Definitions.— In this section:
(1) Gross household income.— The term “gross household income”, with respect to a member of the armed forces, includes—
(A) all household income, derived from any source; minus
(B) in the case of a member whom the Secretary concerned determines resides in an area with a high cost of living or that otherwise has a demonstrated need, any portion of the basic allowance for housing under section 403 of this title that the Secretary concerned elects to exclude.
(2) Household.— The term “household” means a member of the armed forces and any dependents of the member enrolled in the Defense Enrollment Eligibility Reporting System, regardless of the location of those dependents.
(Added Pub. L. 11781, div. A, title VI, § 601(a), Dec. 27, 2021, 135 Stat. 1761; amended Pub. L. 117263, div. A, title VI, § 611(a), Dec. 23, 2022, 136 Stat. 2622; Pub. L. 117328, div. O, title II, § 201(a), Dec. 29, 2022, 136 Stat. 5226; Pub. L. 11831, div. A, title VI, § 621(a), Dec. 22, 2023, 137 Stat. 293; Pub. L. 118159, div. A, title VI, § 621, Dec. 23, 2024, 138 Stat. 1933.)
## Notes
Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsecs. (i) and (j)(1), is the date of enactment of Pub. L. 11781, which was approved Dec. 27, 2021.
Amendments2024—Subsec. (b)(2). Pub. L. 118159, § 621(a), struck out subpar. (A) designation before “the gross household income”, substituted “200 percent” for “150 percent” and “; and” for “; or”, and struck out subpar. (B) which read as follows: “if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and”. Subsec. (c)(1)(A). Pub. L. 118159, § 621(b), substituted “200 percent” for “150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent)”. 2023—Subsec. (k)(1)(B). Pub. L. 11831 inserted “or that otherwise has a demonstrated need” after “high cost of living”. 2022—Pub. L. 117328, § 201(a)(1), made technical amendment to directory language of Pub. L. 117263, § 611(a). See Amendment notes below. Subsec. (b)(2). Pub. L. 117263, § 611(a)(1), as amended by Pub. L. 117328, § 201(a)(2), designated existing provisions as subpar. (A), substituted “150 percent” for “130 percent” and “; or” for “; and”, and added subpar. (B). Subsec. (c)(1)(A). Pub. L. 117263, § 611(a)(2), as amended by Pub. L. 117328, § 201(a)(3), substituted “150 percent (or, in the case of a member described in subsection (b)(2)(B), 200 percent)” for “130 percent”.
Statutory Notes and Related Subsidiaries
Effective Date of 2022 AmendmentPub. L. 117328, div. O, title II, § 201(b), Dec. 29, 2022, 136 Stat. 5227, provided that: “The amendments made by this section [amending section 611(a) of Pub. L. 117263, which amended this section] shall take effect as if included in the enactment of such Act [meaning Pub. L. 117263, approved Dec. 23, 2022].”
ImplementationPub. L. 11831, div. A, title VI, § 621(b), Dec. 22, 2023, 137 Stat. 293, provided that: “The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402b of title 37, United States Code, to reflect the amendment made by subsection (a) [amending this section].” Pub. L. 117263, div. A, title VI, § 611(b), Dec. 23, 2022, 136 Stat. 2622, provided that: “Not later than January 1, 2024, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall modify the calculation of the basic needs allowance under section 402b of title 37, United States Code, to implement the amendments made by subsection (a) [amending this section].”
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# 37 U.S.C. § 403a - Housing treatment for certain members of the armed forces, and their spouses and other dependents, undergoing a permanent change of station within the United States
## Text
(a) Housing Treatment for Certain Members Who Have a Spouse or Other Dependents.— (1) Housing treatment regulations.— The Secretary of Defense shall prescribe regulations that permit a member of the armed forces described in paragraph (2) who is undergoing a permanent change of station within the United States to request the housing treatment described in subsection (b) during the covered relocation period of the member.
(2) Eligible members.— A member described in this paragraph is any member who—
(A) has a spouse who is gainfully employed or enrolled in a degree, certificate or license granting program at the beginning of the covered relocation period;
(B) has one or more dependents attending an elementary or secondary school at the beginning of the covered relocation period;
(C) has one or more dependents enrolled in the Exceptional Family Member Program; or
(D) is caring for an immediate family member with a chronic or long-term illness at the beginning of the covered relocation period.
(b) Housing Treatment.— (1) Continuation of housing for the spouse and other dependents.— If a spouse or other dependent of a member whose request under subsection (a) is approved resides in Government-owned or Government-leased housing at the beginning of the covered relocation period, the spouse or other dependent may continue to reside in such housing during a period determined in accordance with the regulations prescribed pursuant to this section.
(2) Early housing eligibility.— If a spouse or other dependent of a member whose request under subsection (a) is approved is eligible to reside in Government-owned or Government-leased housing following the members permanent change of station within the United States, the spouse or other dependent may commence residing in such housing at any time during the covered relocation period.
(3) Temporary use of government-owned or government-leased housing intended for members without a spouse or dependent.— If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the member may be assigned to Government-owned or Government-leased housing intended for the permanent housing of members without a spouse or dependent until the members detachment date or the spouse or other dependents arrival date, but only if such Government-owned or Government-leased housing is available without displacing a member without a spouse or dependent at such housing.
(4) Equitable basic allowance for housing.— If a spouse or other dependent of a member relocates at a time different from the member in accordance with a request approved under subsection (a), the amount of basic allowance for housing payable may be based on whichever of the following areas the Secretary concerned determines to be the most equitable:
(A) The area of the duty station to which the member is reassigned.
(B) The area in which the spouse or other dependent resides, but only if the spouse or other dependent resides in that area when the member departs for the duty station to which the member is reassigned, and only for the period during which the spouse or other dependent resides in that area.
(C) The area of the former duty station of the member, but only if that area is different from the area in which the spouse or other dependent resides.
(c) Rule of Construction Related to Certain Basic Allowance for Housing Payments.— Nothing in this section shall be construed to limit the payment or the amount of basic allowance for housing payable under section 403(d)(3)(A) of this title to a member whose request under subsection (a) is approved.
(d) Housing Treatment Education.— The regulations prescribed pursuant to this section shall ensure the relocation assistance programs under section 1056 of title 10 include, as part of the assistance normally provided under such section, education about the housing treatment available under this section.
(e) Definitions.— In this section:
(1) Covered relocation period.— (A) Subject to subparagraph (B), the term “covered relocation period”, when used with respect to a permanent change of station of a member of the armed forces, means the period that—
(i) begins 180 days before the date of the permanent change of station; and
(ii) ends 180 days after the date of the permanent change of station.
(B) The regulations prescribed pursuant to this section may provide for a shortening or lengthening of the covered relocation period of a member for purposes of this section.
(2) Dependent.— The term “dependent” has the meaning given that term in section 401 of this title.
(3) Permanent change of station.— The term “permanent change of station” means a permanent change of station described in section 452(b)(2) of this title.
(Added Pub. L. 11591, div. A, title VI, § 604(a)(1), Dec. 12, 2017, 131 Stat. 1419.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 403a, added Pub. L. 98525, title VI, § 602(d)(1), Oct. 19, 1984, 98 Stat. 2534; amended Pub. L. 99145, title VI, §§ 602(a)(d), 604(b), Nov. 8, 1985, 99 Stat. 636638; Pub. L. 10026, § 8(e)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101189, div. A, title VI, § 602(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 101510, div. A, title VI, § 602, Nov. 5, 1990, 104 Stat. 1575; Pub. L. 10225, title VII, § 702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102190, div. A, title VI, §§ 603, 604(b), 633, Dec. 5, 1991, 105 Stat. 1373, 1374, 1381; Pub. L. 103160, div. A, title VI, § 604, Nov. 30, 1993, 107 Stat. 1679; Pub. L. 104106, div. A, title VI, § 605(a)(1), (b), Feb. 10, 1996, 110 Stat. 358; Pub. L. 104201, div. A, title VI, §§ 604(d), 606(a)(d), Sept. 23, 1996, 110 Stat. 2541, 2542, related to variable housing allowances, prior to repeal by Pub. L. 10585, div. A, title VI, § 603(c)(1), Nov. 18, 1997, 111 Stat. 1781.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 11591, div. A, title VI, § 604(b), Dec. 12, 2017, 131 Stat. 1420, provided that: “The amendments made by this section [enacting this section] shall take effect on October 1, 2018.”
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# 37 U.S.C. § 403b - Cost-of-living allowance in the continental United States
## Text
(a) Payment Authorized.— The Secretary concerned may pay a cost-of-living allowance to the eligible members of a uniformed service under the jurisdiction of the Secretary.
(b) Eligible Members.— The following members are eligible to receive a cost-of-living allowance under this section:
(1) A member assigned to a high cost area in the continental United States.
(2) A member assigned to an unaccompanied tour of duty outside the continental United States if the primary dependent of the member resides in a high cost area in the continental United States.
(3) A member assigned to duty in the continental United States if the Secretary of the uniformed service concerned determines that—
(A) the primary dependent of the member must reside in a high cost area in the continental United States by reason of the members duty location or other circumstances; and
(B) it would be inequitable for the members eligibility for the allowance to be determined on the basis of the duty location of the member.
(c) High Cost Area Defined.— An area is a high cost area for a fiscal year for purposes of this section if the uniformed services cost of living for that area for the base period exceeds the average cost of living in the continental United States for such base period by at least the threshold percentage. The Secretary of Defense, in consultation with the other administering Secretaries, shall establish the threshold percentage, except that the threshold percentage may not be less than 5 percent. The administering Secretaries may prescribe a higher threshold percentage to be applied for a fiscal year when it is necessary to do so in order to ensure that the total amount of the payments of the cost-of-living allowance made to members of the uniformed services under this section for such fiscal year does not exceed the total amount available to all uniformed services for that fiscal year for paying such allowance.
(d) Amount of Allowance.— The cost-of-living allowance that may be paid to a member for a high cost area for a fiscal year shall be the amount that is equal to the product of—
(1) the amount of the average spendable income determined applicable for the regular military compensation level of such member under subsection (g); and
(2) the percentage equal to the excess of—
(A) the percentage by which the uniformed services cost of living for the members high cost area for the base period exceeds the average cost of living in the continental United States for such base period, over
(B) the threshold percentage applicable to such fiscal year under subsection (c).
(e) Limitation to One Allowance.— If primary dependents of a member reside separately in different high cost areas—
(1) the member may be paid only one cost-of-living allowance under this section; and
(2) the cost-of-living allowance payable to the member shall be the highest of the amounts computed under this section for such high cost areas.
(f) Service Not Covered.— (1) A cost-of-living allowance may not be paid a member under this section for the days authorized for travel of the member in connection with a permanent change of duty station.
(2) A member of a reserve component is not eligible for a cost-of-living allowance under this section unless the member is on active duty under a call or order to active duty that—
(A) specifies a period of 140 days or more; or
(B) states that the call or order to active duty is in support of a contingency operation.
(g) Average Spendable Income.— The Secretary of Defense shall determine, using a methodology and assumptions that the Secretary considers appropriate, the amounts of average spendable income of members of the uniformed services for various ranges of regular military compensation. For purposes of this subsection, spendable income is the total amount of regular military compensation that is available for purchase of goods and services after allocation of amounts for taxes, insurance, housing, gifts and contributions, and savings.
(h) Joint Regulations.— The Secretary of Defense and the other administering Secretaries shall jointly prescribe regulations to carry out this section.
(i) Other Definitions.— In this section:
(1) The term “primary dependent”, with respect to a member, means—
(A) the members spouse; or
(B) in the case of an unmarried member, a dependent described in paragraph (2) or (4) of section 401(a) of this title.
(2) The term “cost of living” means a price index selected by the Secretary of Defense, in consultation with the other administering Secretaries, from among the following indices:
(A) The Consumer Price Index (all itemsUnited States city average) published monthly by the Bureau of Labor Statistics.
(B) Any other index developed in the private sector that the Secretary of Defense, in consultation with the other administering Secretaries, determines is comparable to the Consumer Price Index and is appropriate for use for purposes of this section.
(3) The term “uniformed services cost of living” means the price index selected as described in paragraph (2) and adjusted as the Secretary of Defense, in consultation with the other administering Secretaries, considers appropriate to reflect variations between expenses of members of the uniformed services (as offset by the basic allowance for subsistence) and the corresponding expenses of persons not members of the uniformed services with regard to the following:
(A) Nonhousing costs (including costs of transportation, goods, and services, taking into consideration savings attributable to use of such military facilities as commissary stores and exchange stores).
(B) Average income tax paid.
(C) Cost of health care.
(4) The term “base period”, with respect to a fiscal year, means the 12-month period ending on June 30 of the year in which such fiscal year begins.
(5) The term “administering Secretaries” means the following:
(A) The Secretary of Defense, with respect to the armed forces (other than the Coast Guard when it is not operating as a service in the Navy).
(B) The Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy.
(C) The Secretary of Commerce, with respect to the National Oceanic and Atmospheric Administration.
(D) The Secretary of Health and Human Services, with respect to the Public Health Service.
(Added Pub. L. 103337, div. A, title VI, § 602(a)(1), Oct. 5, 1994, 108 Stat. 2779; amended Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107314, div. A, title VI, § 654(b)(2), Dec. 2, 2002, 116 Stat. 2582; Pub. L. 11831, div. A, title VI, § 625, Dec. 22, 2023, 137 Stat. 294.)
## Notes
Editorial Notes
Amendments2023—Subsec. (c). Pub. L. 11831 substituted “5 percent” for “8 percent” in second sentence and “may prescribe” for “shall prescribe” in third sentence. 2002—Subsec. (i)(5)(B). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. Subsec. (i)(6). Pub. L. 107314 struck out par. (6) which read as follows: “The term continental United States means the 48 contiguous States and the District of Columbia.”
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
OCONUS Cost of Living Allowance: Adjustments; Notice to Certain Congressional CommitteesPub. L. 117263, div. A, title VI, § 617, Dec. 23, 2022, 136 Stat. 2624, as amended by Pub. L. 11831, div. A, title VI, § 627, Dec. 22, 2023, 137 Stat. 294, provided that: “(a) Reductions.—The Secretary of Defense may reduce an OCONUS COLA in accordance with this subsection.“(1) Frequency.—The Secretary may not announce a reduction to an OCONUS COLA for a location outside the continental United States more than twice per calendar year. “(2) Maximum reduction.—A reduction to an OCONUS COLA may not exceed the lesser of—“(A) 10 OCONUS COLA index points; or “(B) the number of OCONUS COLA index points by which the cost of living of the permanent duty station of the covered member exceeds the average cost of living index in the continental United States. “(3) Limitations.—Paragraphs (1) and (2) shall not apply to a reduction on the basis of—“(A) a change in the rate of exchange of foreign currencies; or “(B) a permanent change of station for a covered member. “(4) Implementation.—The Secretary may phase in a reduction under this subsection. “(b) Increases.—The Secretary may increase an OCONUS COLA at any time. “(c) Reporting.—Not later than February 1 of each year, the Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding reductions and increases to OCONUS COLAs during the previous calendar year. Such report shall include the following elements:“(1) The areas outside the continental United States subject to such a reduction or increase. “(2) The previous and new amounts of an adjusted OCONUS COLA for a member with three dependents, 10 years of service, and in grade—“(A) E-6; and “(B) O-4. “(3) The number of OCONUS COLA index points by which a new OCONUS COLA index differs from such previous index. “(4) The number of members of the uniformed services affected by each such reduction or increase. “(5) The assessment of the Secretary of the calculation of an OCONUS COLA. In making such assessment, the Secretary shall consider factors including—“(A) Costs of local transportation in the area surrounding the duty station of a member. “(B) Costs of travel from such duty station to the United States. “(C) Other costs the Secretary determines appropriate. “(d) Definitions.—In this section:“(1) The term continental United States has the meaning given such term in section 101 of title 37, United States Code. “(2) The term covered member means a member of the uniformed services—“(A) who is assigned to a permanent duty station located outside the continental United States; or “(B) whose dependents reside outside the continental United States but not withing the vicinity to permanent duty station of such member. “(3) The term OCONUS COLA means a cost-of-living allowance paid to a member of the uniformed services on the basis that such member is a covered member. “(4) The term OCONUS COLA index means the index computed by the Secretary of the weighted average prices of goods and services (excluding housing costs) in a location outside the continental United States, relative to the weighted average of prices of the same goods and services in the continental United States. “(5) The term OCONUS COLA index point means 1 percent of the OCONUS COLA index for the weighted average prices of goods and services (excluding housing costs) in a location in the continental United States.”
Conditions on Provision of AllowancePub. L. 103337, div. A, title VI, § 602(b), Oct. 5, 1994, 108 Stat. 2781, provided that: “(1) A cost-of-living allowance under section 403b of title 37, United States Code, as added by subsection (a), may not be provided until after the end of the 90-day period beginning on the date the Secretary of Defense submits the report required under paragraph (2). “(2) Before implementing section 403b of title 37, United States Code, the Secretary of Defense, in consultation with the other administering Secretaries (as defined in subsection (h)(6) [probably should be (i)(5)] of such section), shall submit to Congress a report describing—“(A) the methods by which the Secretary of Defense would determine the price index to be used under such section and the types of nonhousing related costs that will be considered under such price index; “(B) the manner by which the Secretary will establish the threshold percentage for purposes of such section; “(C) the manner in which savings attributable to use of such military facilities as commissary stores, exchange stores, and military medical treatment facilities will be taken into consideration; and “(D) the methods by which the Secretary proposes to prevent uncontrolled growth in Government expenditures through the cost-of-living allowance available under such section.” [Report submitted by Secretary of Defense on Mar. 31, 1995.]
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# 37 U.S.C. § 404 - Renumbered § 474]
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# 37 U.S.C. § 404b - Renumbered § 474b]
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# 37 U.S.C. § 405 - Travel and transportation allowances: per diem while on duty outside the continental United States
## Text
(a) Per Diem Authorized.— Without regard to the monetary limitation of this title, the Secretary concerned may pay a per diem to a member of the uniformed services who is on duty outside of the continental United States, whether or not the member is in a travel status. The Secretary may pay the per diem in advance of the accrual of the per diem.
(b) Determination of Per Diem.— In determining the per diem to be paid under this section, the Secretary concerned shall consider all elements of the cost of living to members of the uniformed services under the Secretarys jurisdiction and their dependents, including the cost of quarters, subsistence, and other necessary incidental expenses. However, dependents may not be considered in determining the per diem allowance for a member in a travel status.
(c) Treatment of Housing Cost and Allowance.— Housing cost and allowance may be disregarded in prescribing a station cost of living allowance under this section.
(d) Unusual or Extraordinary Expenses.— (1) The Secretary concerned may reimburse a member of the uniformed services on duty as described in subsection (a) or (e) for an unusual or extraordinary expense incurred by the member incident to such duty that—
(A) is directly related to the conditions or location of the duty or the location of the members dependents;
(B) is of a nature or a magnitude not normally incurred by members of the uniformed services on duty inside the continental United States; and
(C) is not included in the per diem determined under subsection (b) as payable to the member under subsection (a) or (e).
(2) Any reimbursement provided to a member under paragraph (1) is in addition to a per diem payable to that member under subsection (a) or (e).
(e) Payment of Allowance Based on Overseas Location of Dependents.— In the case of a member assigned to duty inside the continental United States whose dependents continue to reside outside the continental United States, the Secretary concerned may pay the member a per diem under this section based on the location of the dependents and provide reimbursement under subsection (d) for an unusual or extraordinary expense incurred by the dependents if the Secretary determines that such payment or reimbursement is in the best interest of the member or the members dependents and in the best interest of the United States.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 473, § 405; Pub. L. 89718, § 57, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 91486, Oct. 22, 1970, 84 Stat. 1085; Pub. L. 96107, title VIII, § 807(a), Nov. 9, 1979, 93 Stat. 813; Pub. L. 98525, title VI, § 602(e), Oct. 19, 1984, 98 Stat. 2536; Pub. L. 99145, title XIII, § 1303(b)(8), Nov. 8, 1985, 99 Stat. 741; Pub. L. 101189, div. A, title VI, § 622(a), Nov. 29, 1989, 103 Stat. 1446; Pub. L. 103160, div. A, title VI, § 622(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 10585, div. A, title VI, § 603(c)(2), Nov. 18, 1997, 111 Stat. 1781; Pub. L. 105261, div. A, title VI, § 603(b), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106398, § 1 [[div. A], title VI, § 641(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A160; Pub. L. 108375, div. A, title VI, § 605(a), (b)(1), (2), Oct. 28, 2004, 118 Stat. 1945; Pub. L. 109163, div. A, title VI, § 612, Jan. 6, 2006, 119 Stat. 3291; renumbered § 475 and amended Pub. L. 11281, div. A, title VI, § 631(d)(2), (e)(4), Dec. 31, 2011, 125 Stat. 1460, 1462; renumbered § 405 and amended Pub. L. 116283, div. A, title VI, § 604(a), Jan. 1, 2021, 134 Stat. 3672.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 40537:253(b).Oct. 12, 1949, ch. 681, § 303(b), 63 Stat. 814. The words “Secretaries concerned” are substituted for the words “Secretaries of the uniformed services” to conform to other subsections of the source statute. The words “outside the United States, or in Hawaii or Alaska” are substituted for the words “outside the continental United States or in Alaska” to conform to the definition of United States in section 101(1) of this revised title and to retain the coverage of the source statute.
Editorial Notes
Prior ProvisionsA prior section 405 was renumbered section 475 of this title prior to being renumbered again as this section.
Amendments2021—Pub. L. 116283, § 604(a)(1), renumbered section 475 of this title as this section. Subsec. (f). Pub. L. 116283, § 604(a)(2), struck out subsec. (f). Text read as follows: “During and after the travel authorities expiration date, no per diem may be paid under this section for any period.” 2011—Pub. L. 11281, § 631(d)(2), renumbered section 405 of this title as section 475. Subsec. (f). Pub. L. 11281, § 631(e)(4), added subsec. (f). 2006—Subsec. (d). Pub. L. 109163, § 612(b)(1), substituted “Unusual or Extraordinary” for “Nonrecurring” in heading. Subsec. (d)(1). Pub. L. 109163, § 612(b)(1), (3)(A), in introductory provisions, inserted “or (e)” after “subsection (a)” and substituted “an unusual or extraordinary” for “a nonrecurring”. Subsec. (d)(1)(A). Pub. L. 109163, § 612(b)(3)(B), inserted “or the location of the members dependents” before semicolon. Subsec. (d)(1)(C), (2). Pub. L. 109163, § 612(b)(2), inserted “or (e)” after “subsection (a)”. Subsec. (e). Pub. L. 109163, § 612(a), added subsec. (e). 2004—Pub. L. 108375, § 605(b)(2), amended section catchline generally, substituting “continental United States” for “United States or in Hawaii or Alaska”. Subsec. (a). Pub. L. 108375, § 605(b)(1), substituted “outside of the continental United States” for “outside of the United States or in Hawaii or Alaska”. Subsec. (d). Pub. L. 108375, § 605(a), added subsec. (d). 2000—Pub. L. 106398 amended section generally. Prior to amendment, section authorized payment of a per diem to members of the uniformed services on duty outside of the United States or in Hawaii or Alaska and specified what elements were to be considered in determining the per diem allowance. 1998—Subsec. (c). Pub. L. 105261 struck out subsec. (c) which authorized the Secretary concerned to make a lump-sum payment for nonrecurring expenses to certain members of the uniformed services authorized to receive per diem allowances under subsec. (a). 1997—Subsecs. (b) to (d). Pub. L. 10585 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: “A station housing allowance may be prescribed under this section for a member who is on duty outside of the United States without regard to costs other than housing costs and may consist of the difference between basic allowance for quarters and applicable housing cost. A station housing allowance may not be prescribed under this section for a member who is on duty in Hawaii or Alaska. A station housing allowance prescribed under this section may be paid in advance.” 1993—Subsec. (d). Pub. L. 103160 amended subsec. (d) generally. Prior to amendment, subsec. (d) read as follows: “In the case of a member of the uniformed services authorized to receive a per diem allowance under subsection (a), the Secretary concerned may make a lump-sum payment for nonrecurring expenses incurred by the member in occupying private housing outside of the United States. Expenses for which payments are made under this subsection may not be considered for purposes of determining the per diem allowance of the member under subsection (a).” 1989—Subsec. (d). Pub. L. 101189 added subsec. (d). 1985—Pub. L. 99145 inserted “the” after “outside” in section catchline. 1984—Subsec. (a). Pub. L. 98525, § 602(e)(1), designated first two sentences of existing section as subsec. (a). Subsec. (b). Pub. L. 98525, § 602(e)(2), (3), designated third and fourth sentences of existing section as subsec. (b), in such third sentence as so designated inserted “for a member who is on duty outside of the United States” after “under this section”, and inserted after such third sentence: “A station housing allowance may not be prescribed under this section for a member who is on duty in Hawaii or Alaska.” Subsec. (c). Pub. L. 98525, § 602(e)(4), designated last sentence of existing section as subsec. (c). 1979—Pub. L. 96107 inserted provisions relating to advance payment of station housing allowances. 1970—Pub. L. 91486 inserted provision authorizing a station housing allowance. 1966—Pub. L. 89718 substituted “the” for “a” after “including”.
Statutory Notes and Related Subsidiaries
Effective Date of 1997 AmendmentAmendment by Pub. L. 10585 effective Jan. 1, 1998, see section 603(e) of Pub. L. 10585, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Effective Date of 1993 AmendmentPub. L. 103160, div. A, title VI, § 622(b), Nov. 30, 1993, 107 Stat. 1683, as amended by Pub. L. 11281, div. A, title VI, § 631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to nonrecurring expenses and currency fluctuation gains described in [former] section 475(d) of title 37, United States Code, that are incurred by members of the uniformed services on or after October 1, 1993.”
Effective Date of 1989 AmendmentPub. L. 101189, div. A, title VI, § 622(b), Nov. 29, 1989, 103 Stat. 1447, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to expenses incurred after August 31, 1990.”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98525 effective Jan. 1, 1985, with exceptions, see section 602(f) of Pub. L. 98525, as amended, set out as a note under section 403 of this title.
Effective Date of 1979 AmendmentPub. L. 96107, title VIII, § 807(b), Nov. 9, 1979, 93 Stat. 814, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1979.”
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 408a - Renumbered § 478a]
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 409"
description: "Renumbered § 479]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
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---
# 37 U.S.C. § 409 - Renumbered § 479]
@@ -0,0 +1,31 @@
---
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source_identifier: "/us/usc/t37/s410"
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---
# 37 U.S.C. § 410 - Renumbered § 480]
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---
type: "LegalText"
title: "37 U.S.C. § 411"
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jurisdiction: "us"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
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source_identifier: "/us/usc/t37/s411"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411 - Renumbered § 481]
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 411a"
description: "Renumbered § 481a]"
jurisdiction: "us"
corpus: "united_states_code"
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title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411a"
citation: "37 U.S.C. § 411a"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411a - Renumbered § 481a]
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 411b"
description: "Renumbered § 481b]"
jurisdiction: "us"
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chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411b"
citation: "37 U.S.C. § 411b"
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---
# 37 U.S.C. § 411b - Renumbered § 481b]
@@ -0,0 +1,31 @@
---
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description: "Renumbered § 481c]"
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---
# 37 U.S.C. § 411c - Renumbered § 481c]
@@ -0,0 +1,31 @@
---
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description: "Renumbered § 481d]"
jurisdiction: "us"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411d"
citation: "37 U.S.C. § 411d"
status: "current"
release_point: "119-100"
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source: "official"
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---
# 37 U.S.C. § 411d - Renumbered § 481d]
@@ -0,0 +1,31 @@
---
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description: "Renumbered § 481e]"
jurisdiction: "us"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411e"
citation: "37 U.S.C. § 411e"
status: "current"
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---
# 37 U.S.C. § 411e - Renumbered § 481e]
@@ -0,0 +1,31 @@
---
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
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chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411f"
citation: "37 U.S.C. § 411f"
status: "current"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411f - Renumbered § 481f]
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "37 U.S.C. § 411g"
description: "Repealed. Pub. L. 11281, div. A, title VI, § 631(c), Dec. 31, 2011, 125 Stat. 1460]"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 37
title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411g"
citation: "37 U.S.C. § 411g"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc37@119-100.zip"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411g - Repealed. Pub. L. 11281, div. A, title VI, § 631(c), Dec. 31, 2011, 125 Stat. 1460]
## Notes
Section, added Pub. L. 100180, div. A, title VI, § 614(a)(1), Dec. 4, 1987, 101 Stat. 1093; amended Pub. L. 100456, div. A, title VI, § 624(a), Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101189, div. A, title VI, § 653(c)(1), Nov. 29, 1989, 103 Stat. 1462, related to travel and transportation allowances: transportation incident to voluntary extensions of overseas tours of duty.
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 411h"
description: "Renumbered § 481h]"
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chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411h"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411h - Renumbered § 481h]
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 411i"
description: "Renumbered § 481i]"
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---
# 37 U.S.C. § 411i - Renumbered § 481i]
@@ -0,0 +1,31 @@
---
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title: "37 U.S.C. § 411j"
description: "Renumbered § 481j]"
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status: "current"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411j - Renumbered § 481j]
@@ -0,0 +1,31 @@
---
type: "LegalText"
title: "37 U.S.C. § 411k"
description: "Renumbered § 481k]"
jurisdiction: "us"
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title_name: "PAY AND ALLOWANCES OF THE UNIFORMED SERVICES"
chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "411k"
citation: "37 U.S.C. § 411k"
status: "current"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411k - Renumbered § 481k]
@@ -0,0 +1,31 @@
---
type: "LegalText"
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description: "Renumbered § 481l]"
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chapter_number: "7"
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section: "411l"
citation: "37 U.S.C. § 411l"
status: "current"
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tags: ["legal", "us-code"]
---
# 37 U.S.C. § 411l - Renumbered § 481l]
@@ -0,0 +1,31 @@
---
type: "LegalText"
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description: "Renumbered § 455]"
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---
# 37 U.S.C. § 412 - Renumbered § 455]
@@ -0,0 +1,47 @@
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# 37 U.S.C. § 413 - Chairman and Vice Chairman of the Joint Chiefs of Staff
## Text
The Chairman and Vice Chairman of the Joint Chiefs of Staff are entitled to the allowances provided by law for the Chief of Staff of the Army.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 100180, div. A, title XIII, § 1314(c)(1), Dec. 4, 1987, 101 Stat. 1176.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 41310:142(d) (less applicability to basic pay).[None.]
Editorial Notes
Amendments1987—Pub. L. 100180, in amending section generally, in section catchline inserted “and Vice Chairman”, and in text inserted “and Vice Chairman” and substituted “are” for “is”.
Statutory Notes and Related Subsidiaries
Effective Date of 1987 AmendmentPub. L. 100180, div. A, title XIII, § 1314(e)(2), Dec. 4, 1987, 101 Stat. 1176, provided that: “The amendments made by subsections (c)(1), (d)(3), and (d)(4) [amending this section and provisions set out as notes under sections 431 and 1009 of this title] shall take effect as of October 1, 1986.”
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# 37 U.S.C. § 414 - Personal money allowance
## Text
(a) Allowance for Officers Serving in Certain Ranks or Positions.— In addition to other pay or allowances authorized by this title, an officer who is entitled to basic pay is entitled to a personal money allowance of—
(1) $500 a year, while serving in the grade of lieutenant general or vice admiral, or in an equivalent grade or rank;
(2) $1,200 a year, in place of any other personal money allowance authorized by this section while serving as Surgeon General of the Public Health Service;
(3) $2,200 a year, in addition to the personal money allowance authorized by clause (1), while serving as a senior member of the Military Staff Committee of the United Nations;
(4) $2,200 a year, while serving in the grade of general or admiral, or in an equivalent grade or rank; or
(5) $4,000 a year, in place of any other personal money allowance authorized by this section, while serving as Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, Chief of Space Operations, Commandant of the Coast Guard, or Chief of the National Guard Bureau.
(b) Allowance for Senior Enlisted Members.— In addition to other pay or allowances authorized by this title, a noncommissioned officer is entitled to a personal money allowance of $2,000 a year while serving as the Sergeant Major of the Army, the Master Chief Petty Officer of the Navy, the Chief Master Sergeant of the Air Force, the Sergeant Major of the Marine Corps, the Chief Master Sergeant of the Space Force, the Master Chief Petty Officer of the Coast Guard, the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 89718, § 49(a)(2), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 10225, title VII, § 702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106398, § 1 [[div. A], title VI, § 609(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A149; Pub. L. 108375, div. A, title V, § 557(a)(2), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 109148, div. A, title VIII, § 8124(b), Dec. 30, 2005, 119 Stat. 2727; Pub. L. 109163, div. A, title VI, § 685(c), Jan. 6, 2006, 119 Stat. 3325; Pub. L. 109364, div. A, title X, § 1071(c)(7), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 113291, div. A, title VI, § 603(c), Dec. 19, 2014, 128 Stat. 3398; Pub. L. 115232, div. A, title VI, § 601(a), Aug. 13, 2018, 132 Stat. 1794; Pub. L. 116283, div. A, title IX, § 925(e)(1), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 118159, div. A, title V, § 521(g)(3), Dec. 23, 2024, 138 Stat. 1881.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 414(a)37:254.Oct. 12, 1949, ch. 681, § 304, 63 Stat. 816; Aug. 10, 1956, ch. 1041, § 20(c), 70A Stat. 627; May 20, 1958, Pub. L. 85422, § 1(11), 72 Stat. 127; Sept. 14, 1961, Pub. L. 87233, § 3, 75 Stat. 507. 414(b)37:257.Aug. 2, 1946, ch. 756, § 3, 60 Stat. 853. In subsection (b), the words “pay or” are inserted to conform to subsection (a). The word “position” is substituted for the words “capacities” and “officers”, respectively. In clause (1), the words “Superintendent of the Naval Postgraduate School” are substituted for the words “Head of the Postgraduate school at the Naval Academy” to reflect present terminology.
Editorial Notes
Amendments2024—Subsec. (b). Pub. L. 118159 substituted “the Chief Master Sergeant of the Space Force” for “the senior enlisted advisor of the Space Force”. 2021—Subsec. (a)(5). Pub. L. 116283, § 925(e)(1)(A), inserted “Chief of Space Operations,” after “Commandant of the Marine Corps,”. Subsec. (b). Pub. L. 116283, § 925(e)(1)(B), inserted “the senior enlisted advisor of the Space Force,” after “Sergeant Major of the Marine Corps,”. 2018—Subsecs. (b), (c). Pub. L. 115232 redesignated subsec. (c) as (b) and struck out former subsec. (b) which related to allowance for certain naval officers. 2014—Subsec. (a)(5). Pub. L. 113291, § 603(c)(1), substituted “Commandant of the Coast Guard, or Chief of the National Guard Bureau” for “or Commandant of the Coast Guard”. Subsec. (c). Pub. L. 113291, § 603(c)(2), substituted “the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff, or the Senior Enlisted Advisor to the Chief of the National Guard Bureau” for “or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff”. 2006—Subsec. (c). Pub. L. 109364 struck out before period at end “, or the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff”. Pub. L. 109163, § 685(c)(2) inserted before period at end “, or the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff”. Pub. L. 109163, § 685(c)(1), which directed that subsec. (c) be amended by striking “or” after “Sergeant Major of the Marine Corps,” could not be executed because of prior amendment by Pub. L. 109148. See below. 2005Subsec. (c). Pub. L. 109148 substituted “the Master Chief Petty Officer of the Coast Guard, or the Senior Enlisted Advisor to the Chairman of the Joint Chiefs of Staff” for “or the Master Chief Petty Officer of the Coast Guard”. 2004—Subsec. (b)(1). Pub. L. 108375 substituted “President of the Naval Postgraduate School” for “Superintendent of the Naval Postgraduate School”. 2000—Subsec. (a). Pub. L. 106398, § 1 [[div. A], title VI, § 609(b)(1)], inserted heading. Subsec. (b). Pub. L. 106398, § 1 [[div. A], title VI, § 609(b)(2)], inserted heading. Subsec. (c). Pub. L. 106398, § 1 [[div. A], title VI, § 609(a)], added subsec. (c). 1991—Subsec. (a)(3). Pub. L. 10225 struck out “of this subsection” after “clause (1)”. 1966—Subsec. (a)(2). Pub. L. 89718 struck out reference to service as the Director of the Coast and Geodetic Survey.
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentPub. L. 115232, div. A, title VI, § 601(b), Aug. 13, 2018, 132 Stat. 1794, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on December 31, 2018, and shall apply with respect to personal money allowances payable under section 414 of title 37, United States Code, for years beginning after that date.”
Effective Date of 2014 AmendmentAmendment by Pub. L. 113291 effective on Dec. 19, 2014 and applicable with respect to months of service that begin on or after that date, see section 603(e) of Pub. L. 113291, set out as a note under section 1406 of Title 10, Armed Forces.
Effective Date of 2000 AmendmentPub. L. 106398, § 1 [[div. A], title VI, § 609(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A149, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Executive Documents
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 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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# 37 U.S.C. § 415 - Uniform allowance: officers; initial allowance
## Text
(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.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88647, title II, § 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89444, § 2(1), June 9, 1966, 80 Stat. 198; Pub. L. 89718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 9083, § 5(1), Sept. 11, 1967, 81 Stat. 221; Pub. L. 91278, § 3(3), June 12, 1970, 84 Stat. 306; Pub. L. 9676, title III, § 313(c), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96513, title IV, § 412, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 9722, § 10(c), July 10, 1981, 95 Stat. 137; Pub. L. 9760, title I, § 131(a), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106398, § 1 [[div. A], title VI, § 610(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A150.)
## Notes
Historical and Revision Notes Revised sectionSource (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 O1, O2, or O3” 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.
Editorial Notes
Amendments2000—Subsec. (a). Pub. L. 106398 substituted “$400” for “$200” in introductory provisions. 1991—Subsecs. (a), (b). Pub. L. 10225 struck out “of this section”. 1981—Subsec. (a). Pub. L. 9722 substituted “subsection (b) of this section” for “subsections (b) and (c) of this section”. Subsec. (a)(4). Pub. L. 9760 added par. (4). 1980—Subsec. (a). Pub. L. 96513, § 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 10 is entitled”. Subsecs. (c), (d). Pub. L. 96513, § 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. 96513, § 412(3), struck out subsec. (e) relating to uniform allowances for temporary officers or warrant officers. 1979—Subsec. (d). Pub. L. 9676 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 O1, O2, or O3. 1970—Subsec. (e). Pub. L. 91278 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. 9083 substituted “entitled to the basic pay” for “is entitled to the basic pay”. 1966—Subsec. (a). Pub. L. 89718 struck out “, United States Code,” after “title 10”. Subsec. (e). Pub. L. 89444 substituted “section 214 of title 14” for “section 435 of title 14”. 1964—Subsec. (a). Pub. L. 88647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentPub. L. 106398, § 1 [[div. A], title VI, § 610(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A150, 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 AmendmentPub. L. 9722, § 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 AmendmentAmendment by Pub. L. 96513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by section 412 of Pub. L. 96513 effective on Dec. 12, 1980, see section 701 of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9676 effective Oct. 1, 1979, see section 314 of Pub. L. 9676, set out as a note under section 206 of Title 42, The Public Health and Welfare.
Executive Documents
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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# 37 U.S.C. § 416 - Uniform allowance: officers; additional allowances
## Text
(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, an officer of the Space Force not on sustained duty, 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. 87649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88624, § 1, Oct. 3, 1964, 78 Stat. 1002; Pub. L. 88647, title II, § 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 96513, title V, § 516(13), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 101189, div. A, title VI, § 663(a), Nov. 29, 1989, 103 Stat. 1465; Pub. L. 106398, § 1 [[div. A], title VI, § 610(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A150; Pub. L. 107107, div. A, title VI, § 606(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 11960, div. A, title VI, § 601(e), Dec. 18, 2025, 139 Stat. 904.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 416(a)416(b)37:255(b).37:255(c).Oct. 12, 1949, ch. 681, § 305(b), (c); added Aug. 10, 1956, ch. 1041, § 20(d) (2d and 3d pars.), 70A Stat. 628; Sept. 2, 1958, Pub. L. 85861, § 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.
Editorial Notes
Amendments2025—Subsec. (a). Pub. L. 11960 inserted “an officer of the Space Force not on sustained duty,” after “of component,”. 2001—Subsec. (b)(1). Pub. L. 107107 substituted “$400” for “$200”. 2000—Subsec. (a). Pub. L. 106398 substituted “$200” for “$100”. 1989—Subsec. (a). Pub. L. 101189 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. 101189 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. 96513 substituted “additional allowances” for “additional allowance” in section catchline. 1966—Subsec. (b). Pub. L. 89718 struck out “, United States Code,” after “title 10”. 1964—Subsec. (a). Pub. L. 88624 substituted “in one or more reserve components” for “in a reserve component” and “section 1332(a)(2)” for “section 1332”. Subsec. (b). Pub. L. 88647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.
Statutory Notes and Related Subsidiaries
Effective Date of 2001 AmendmentPub. L. 107107, div. A, title VI, § 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 AmendmentAmendment by Pub. L. 106398 effective Oct. 1, 2000, see section 1 [[div. A], title VI, § 610(c)] of Pub. L. 106398, set out as a note under section 415 of this title.
Effective Date of 1980 AmendmentAmendment by Pub. L. 96513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96513, set out as a note under section 101 of Title 10, Armed Forces.
One-Time Uniform Allowance for Officers Who Transfer to the Space ForcePub. L. 116283, div. A, title VI, § 606, Jan. 1, 2021, 134 Stat. 3672, as amended by Pub. L. 117263, div. A, title VI, § 616, Dec. 23, 2022, 136 Stat. 2624; Pub. L. 11831, div. A, title VI, § 628, Dec. 22, 2023, 137 Stat. 295; Pub. L. 118159, div. A, title VI, § 625, Dec. 23, 2024, 138 Stat. 1934, provided that: “(a) In General.—The Secretary of the Air Force may provide an officer who transfers from the Army, Navy, Air Force, or Marine Corps to the Space Force an allowance of not more than $400 as reimbursement for the purchase of required uniforms and equipment. “(b) Relationship to Other Allowances.—The allowance under this section is in addition to any allowance available under any other provision of law. “(c) Source of Funds.—Funds for allowances provided under subsection (a) in a fiscal year may be derived only from amounts authorized to be appropriated for military personnel of the Space Force for such fiscal year. “(d) Applicability.—The authority for an allowance under this section shall apply with respect to any officer described in subsection (a) who transfers to the Space Force—“(1) during the period beginning on December 20, 2019, and ending on the last day of the transition period as defined in section 1731 of the Space Force Personnel Management Act (title XVII of Public Law 11831; 10 U.S.C. 20001 note); and “(2) on or after the date the Secretary of the Air Force prescribes the official uniform for the Space Force.”
Save Pay ProvisionPub. L. 101189, div. A, title VI, § 663(b), Nov. 29, 1989, 103 Stat. 1465, 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, 1964Pub. L. 88624, § 2, Oct. 3, 1964, 78 Stat. 1002, 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].”
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# 37 U.S.C. § 417 - Uniform allowance: officers; general provisions
## Text
(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. 87649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 90623, § 3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104106, div. A, title X, § 1038(b), Feb. 10, 1996, 110 Stat. 432; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 417(a)417(b)417(c)37:255(e).37:255(d).37:255(a) (1st proviso).Oct. 12, 1949, ch. 681, § 305 (1st proviso of (a)), (d), (e); added Aug. 10, 1956, ch. 1041, § 20(d) (1st proviso of 1st par., 4th par., and 5th par.), 70A Stat. 629. 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.)
Editorial Notes
Amendments2002—Subsecs. (a), (b). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 1996—Subsec. (d). Pub. L. 104106 added subsec. (d). 1991—Subsec. (c). Pub. L. 10225 struck out “of this section” after “subsections (a) and (b)”. 1968—Subsecs. (a), (b). Pub. L. 90623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1968 AmendmentAmendment by Pub. L. 90623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
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# 37 U.S.C. § 418 - Clothing allowance: enlisted members
## Text
(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.
(d) (1) In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.
(2) In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall—
(A) procure athletic footwear that complies with the requirements of section 4862 of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 legacy provisions (as such term is defined in section 3016 of title 10) (or any other provision of law); and
(B) procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training.
(3) This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—
(A) is medically required to meet unique physiological needs of the member; and
(B) cannot be met with athletic footwear that complies with the requirements of this subsection.
(4) This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, the Marine Corps, or the Space Force upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear.
(5) The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 104106, div. A, title X, § 1038(c), Feb. 10, 1996, 110 Stat. 432; Pub. L. 104201, div. A, title VI, § 654, Sept. 23, 1996, 110 Stat. 2583; Pub. L. 106398, § 1 [[div. A], title VI, § 611], Oct. 30, 2000, 114 Stat. 1654, 1654A150; Pub. L. 107296, title XVII, § 1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 114328, div. A, title VIII, § 817, Dec. 23, 2016, 130 Stat. 2272; Pub. L. 11591, div. A, title VI, § 633, Dec. 12, 2017, 131 Stat. 1431; Pub. L. 116283, div. A, title IX, § 925(e)(2), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 11781, div. A, title XVII, § 1702(f)(2), Dec. 27, 2021, 135 Stat. 2157.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 41837:305.Oct. 12, 1949, ch. 681, § 505, 63 Stat. 828. 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.
Editorial Notes
References in TextThe date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, referred to in subsec. (d)(2)(B), is the date of enactment of Pub. L. 114328, which was approved Dec. 23, 2016.
Amendments2021—Subsec. (d)(1). Pub. L. 116283, § 925(e)(2)(A), substituted “Marine Corps, or Space Force” for “or Marine Corps”. Subsec. (d)(2)(A). Pub. L. 11781 substituted “section 4862” for “section 2533a” and “chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapter 137 of title 10”. Subsec. (d)(4). Pub. L. 116283, § 925(e)(2)(B), substituted “the Marine Corps, or the Space Force” for “or the Marine Corps”. 2017—Subsec. (d)(4), (5). Pub. L. 11591 added pars. (4) and (5). 2016—Subsec. (d). Pub. L. 114328 added subsec. (d). 2002—Subsec. (a). Pub. L. 107296 substituted “of Homeland Security” for “of Transportation”. 2000—Subsec. (a). Pub. L. 106398, § 1 [[div. A], title VI, § 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. 106398, § 1 [[div. A], title VI, § 611(2)], substituted “the Secretary of Defense” for “the President”. 1996—Pub. L. 104106 designated existing provisions as subsec. (a) and added subsecs. (b) and (c). Subsec. (c). Pub. L. 104201 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”.
Statutory Notes and Related Subsidiaries
Effective Date of 2002 AmendmentAmendment by Pub. L. 107296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107296, set out as a note under section 101 of Title 10, Armed Forces.
Reduction of Gender-Related Inequities in Costs of Uniforms to Members of the Armed ForcesPub. L. 11781, div. A, title V, § 571, Dec. 27, 2021, 135 Stat. 1753, provided that: “(a) Establishment of Criteria.—Not later than 180 days after the date of the enactment of this Act [Dec. 27, 2021], the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness and in coordination with the Secretaries of the military departments, shall establish criteria, consistent across the Armed Forces, for determining which uniform or clothing items across the Armed Forces are considered uniquely military for purposes of calculating the standard cash clothing replacement allowances, in part to reduce differences in out-of pocket costs incurred by enlisted members of the Armed Forces across the military services and by gender within an Armed Force. “(b) Reviews.—“(1) Quinquennial review.—The Under Secretary shall review the criteria established under subsection (a) every five years after such establishment and recommend to the Secretaries of the military departments adjustments to clothing allowances for enlisted members if such allowances are insufficient to pay for uniquely military items determined pursuant to such criteria. “(2) Periodic reviews.—The Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness, and in coordination with the Secretaries of the military departments, shall periodically review—“(A) all uniform clothing plans of each Armed Force under the jurisdiction of the Secretary of a military department to identify data needed to facilitate cost discussions and make recommendations described in paragraph (1); “(B) not less than once every five years, calculations of each Armed Force for standard clothing replacement allowances for enlisted members, in order to develop a standard by which to identify differences described in subsection (a); “(C) not less than once every 10 years, initial clothing allowances for officers, in order to identify data necessary to facilitate cost discussions and make recommendations described in paragraph (1); and “(D) all plans of each Armed Force under the jurisdiction of the Secretary of a military department for changing uniform items to determine if such planned changes will result in differences described in subsection (a). “(c) Regulations.—Not later than September 30, 2022, each Secretary of a military department shall prescribe regulations that ensure the following:“(1) The out-of-pocket cost to an officer or enlisted member of an Armed Force for a mandatory uniform item (or part of such uniform) may not exceed such cost to another officer or enlisted member of that Armed Force for such uniform (or part, or equivalent part, of such uniform) solely based on gender. “(2) If a change to a uniform of an Armed Force affects only enlisted members of one gender, an enlisted member of such gender in such Armed Force shall be entitled to an allowance equal to the out-of-pocket cost to the officer or enlisted member relating to such change. “(3) An individual who has separated or retired, or been discharged or dismissed, from the Armed Forces, shall not entitled to an allowance under paragraph (2). “(d) Report.—Not later than December 31, 2022, the Secretary of Defense, in coordination with the Secretaries of the military departments, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on—“(1) the estimated production costs and average retail prices of military clothing items for members (including officers and enlisted members) of each Armed Force; and “(2) a comparison of costs for male and female military clothing items for members of each Armed Force.”
Executive Documents
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, § 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 [now Navy 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 [now Navy 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.”
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# 37 U.S.C. § 419 - Civilian clothing allowance
## Text
Under regulations prescribed by the Secretary of Defense, an officer of an armed force who is assigned to a permanent duty station at a location outside the United States may be paid a civilian clothing allowance in such amount as the Secretary shall determine under regulations if such officer is required to wear civilian clothing all or a substantial portion of the time in the performance of the officers official duties. A clothing allowance under this section is in addition to any uniform allowance to which an officer is otherwise entitled under this title.
(Added Pub. L. 100180, div. A, title VI, § 611(a)(1)(B), Dec. 4, 1987, 101 Stat. 1093; amended Pub. L. 100456, div. A, title VI, § 625, Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101189, div. A, title VI, § 653(c)(2), Nov. 29, 1989, 103 Stat. 1462.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 419 was renumbered section 420 of this title.
Amendments1989—Pub. L. 101189 substituted “an officer” for “a officer” in two places and struck out “to” after “may be paid”. 1988—Pub. L. 100456 substituted “officer” for “member” in three places, “may be paid” for “is entitled”, and “officers” for “members”.
Statutory Notes and Related Subsidiaries
Effective DatePub. L. 100180, div. A, title VI, § 611(b), Dec. 4, 1987, 101 Stat. 1093, provided that: “Section 419 of title 37, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act [Dec. 4, 1987]. No member may be paid a clothing allowance under such section for any period before such date.”
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# 37 U.S.C. § 420 - Allowances while participating in international sports
## Text
(a) Section 717 of title 10 does not authorize the payment of allowances at higher rates than those provided for participation in military activities not covered by that section.
(b) Notwithstanding any other law, a member of a uniformed service is not entitled to travel and transportation allowances under section 452 of this title for any period during which his expenses for travel or transportation are being paid by the agency sponsoring his participation in a competition covered by section 717 of title 10.
(c) Notwithstanding any other law, a member of a uniformed service who has no dependents is not entitled to the basic allowances for subsistence and housing authorized by sections 402 and 403 of this title for a period during which he is subsisted and quartered by the agency sponsoring his participation in a competition covered by section 717 of title 10.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 478, § 419; Pub. L. 89718, § 64, Nov. 2, 1966, 80 Stat. 1123; renumbered § 420, Pub. L. 100180, div. A, title VI, § 611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093; Pub. L. 10585, div. A, title VI, § 603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 11281, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117263, div. A, title VI, § 626(h)(2), Dec. 23, 2022, 136 Stat. 2629.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 419(a)419(b)419(c)37:256a(a).37:256a(b).37:256a(c).Oct. 12, 1949, ch. 681, § 307; added Sept. 2, 1958, Pub. L. 85861, § 11, 72 Stat. 1556.
Editorial Notes
Prior ProvisionsA prior section 420 was renumbered section 421 of this title.
Amendments2022—Subsec. (b). Pub. L. 117263 substituted “section 452” for “sections 474481”. 2013—Subsec. (b). Pub. L. 112239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 11281, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 11281, § 631(f)(4)(A), as amended by Pub. L. 112239, § 1076(a)(9), substituted “474481” for “404411”. 1997—Subsec. (c). Pub. L. 10585 substituted “housing” for “quarters”. 1966—Pub. L. 89718 substituted “section 717 of title 10” for “section 716 of title 10” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 11281 as enacted.
Effective Date of 1997 AmendmentAmendment by Pub. L. 10585 effective Jan. 1, 1998, see section 603(e) of Pub. L. 10585, set out as a note under section 5561 of Title 5, Government Organization and Employees.
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chapter_number: "7"
chapter_name: "ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES"
section: "421"
citation: "37 U.S.C. § 421"
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# 37 U.S.C. § 421 - Allowances: no increase while dependent is entitled to basic pay
## Text
A member of a uniformed service may not be paid an increased allowance under this chapter, on account of a dependent, for any period during which that dependent is entitled to basic pay under section 204 of this title.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 479, § 420; renumbered § 421, Pub. L. 100180, div. A, title VI, § 611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 42037:231(g) (last proviso of last sentence).Oct. 12, 1949, ch. 681, § 102(g) (last proviso of last sentence), 63 Stat. 805. The words “of a uniformed service” are inserted for clarity. The words “claiming a dependent as defined in this subsection” are omitted as surplusage. The words “under section 204 of this title” are substituted for the words “for the performance of duty as defined in section 232(e) of this revised title”.
Editorial Notes
Prior ProvisionsA prior section 421, Pub. L. 87649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88132, § 3(b), Oct. 2, 1963, 77 Stat. 212, provided for pay and allowances of contract surgeons, prior to repeal by Pub. L. 9894, title IX, § 932(e)(1), Sept. 24, 1983, 97 Stat. 650, eff. Oct. 1, 1983. See section 1091 of Title 10, Armed Forces.
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# 37 U.S.C. § 422 - Cadets and midshipmen
## Text
(a) A cadet at the United States Military Academy, the United States Air Force Academy, or the Coast Guard Academy, or a midshipman at the United States Naval Academy, is entitled to the allowances provided by law for a midshipman in the Navy, and to travel and transportation allowances prescribed under section 452 of this title while traveling under orders as a cadet or midshipman.
(b) Each midshipman of the Navy to whom a Navy ration is not furnished is entitled to the commuted value of the ration in money for each day that he is on active duty, including each day that he is on leave. The Secretary of the Navy may prescribe regulations stating the conditions under which the commuted value shall be allowed and may prescribe regulations establishing the rates at which the ration shall be commuted.
(c) A cadet or midshipman appointed under section 2107 of title 10 is entitled to the same allowances as are provided for cadets and midshipmen at the United States Military, Naval, and Air Force Academies for—
(1) initial travel to the educational institution in which matriculated;
(2) travel while under orders; and
(3) travel on discharge.
However, no allowance for travel on discharge may be paid to a discharged cadet or midshipman who continues his scholastic instruction at the same educational institution.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88647, title II, § 202(4), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89718, § 63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 11281, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117263, div. A, title VI, § 626(h)(3), Dec. 23, 2022, 136 Stat. 2629.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 422(a)37:308 (less applicability to pay).Oct. 12, 1949, ch. 681, § 508 (less applicability to pay), 63 Stat. 828. 422(b)10:6081(b) (9th through 17th words).[None.] 10:6081(c) (16th through 19th words).[None.] 422(c)10:6904(c).[None.] 10:6905(c).[None.] 422(d)10:6906(c) (1st sentence, less applicability to pay).[None.] In subsection (a), the words “prescribed under section 410 of this title” are inserted to reflect that revised section.
Editorial Notes
Amendments2022—Subsec. (a). Pub. L. 117263 substituted “section 452” for “section 480”. 2013—Subsec. (a). Pub. L. 112239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 11281, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (a). Pub. L. 11281, § 631(f)(4)(A), as amended by Pub. L. 112239, § 1076(a)(9), substituted “480” for “410”. 1966—Subsec. (c). Pub. L. 89718 struck out “, United States Code,” after “title 10”. 1964—Subsec. (c). Pub. L. 88647, § 202(4)(A), (B), among other changes, substituted provisions relating to a cadet or midshipman appointed under section 2107 of title 10, for provisions relating to a midshipman appointed under section 6904 of title 10, or a seaman recruit enlisted under section 6905 of title 10, and “educational institution” for “college or university”, in text, and “Cadets and midshipmen” for “Cadets, midshipmen, and naval officer candidates”, in section catchline. Subsec. (d). Pub. L. 88647, § 202(4)(C), struck out subsec. (d) which entitled a midshipman under section 6906 of title 10, while on flight training or duty, to the allowances of a midshipman at the United States Naval Academy.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 11281 as enacted.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 37 U.S.C. § 423 - Validity of allowance payments based on purported marriages
## Text
A payment of an allowance, based on a purported marriage, that is made under this chapter, under the Career Compensation Act of 1949, or under the Pay Readjustment Act of 1942, before judicial annulment or termination of that marriage, is valid, if a court of competent jurisdiction adjudges or decrees that the marriage was entered into in good faith on the part of the spouse who is a member of a uniformed service or if, in the absence of such a judgment or decree, such a finding of good faith is made by the Secretary concerned or by a person designated by him to investigate the matter.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 479.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 42337:303.Oct. 12, 1949, ch. 681, § 503, 63 Stat. 827. The words “or which hereafter may be” are omitted as surplusage. The words “a person designated by him to investigate the matter” are substituted for the words “such person as he may designate for the purpose”.
Editorial Notes
References in TextThe Career Compensation Act of 1949, referred to in text, is act Oct. 12, 1949, ch. 681, 63 Stat. 802, which was classified principally to chapter 4 (§ 231 et seq.) of former Title 37, Pay and Allowances, prior to the revision and reenactment of Title 37 by Pub. L. 87649, Sept. 7, 1962, 76 Stat. 451. For distribution of sections of chapter 4 of former Title 37, see Table preceding section 101 of this title. The Pay Readjustment Act of 1942, referred to in text, is act June 16, 1942, ch. 413, 56 Stat. 359, which was classified principally to chapter 2 (§ 101 et seq.) of former Title 37, Pay and Allowances, prior to the revision and reenactment of title 37 by Pub. L. 87649, Sept. 7, 1962, 76 Stat. 451. For distribution of sections of chapter 2 of former title 37, see Table preceding section 101 of this title.
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# 37 U.S.C. § 424 - Band leaders
## Text
(a) The leader of the Army Band is entitled to the allowances of a captain in the Army.
(b) The leader of the United States Navy Band is entitled to the allowances of a lieutenant of the Navy.
(c) A member of the Marine Corps who is appointed as director or assistant director of the United States Marine Corps Band under section 8287 of title 10, is entitled, while serving thereunder, only to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment under that section.
(d) The leader of the Naval Academy Band is entitled to the allowances of the pay grade prescribed for him by the Secretary of Navy under section 207(e) of this title. The second leader is entitled to the allowances of a warrant officer, W1.
(e) The director of the Coast Guard Band is entitled to the allowances of an officer in the grade in which he is serving. However, his allowances may not be less than those to which he was entitled at the time of his appointment as director.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89189, § 3, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95551, § 3(b)(2), Oct. 30, 1978, 92 Stat. 2069; Pub. L. 115232, div. A, title VIII, § 809(m)(4), Aug. 13, 2018, 132 Stat. 1843.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 424(a)10:3536(b) (less applicability to basic pay).[None.] 424(b)10:4338(a) (as applicable to allowances).[None.] 424(c)10:6221(b) (less applicability to basic pay).[None.] 424(d)10:6222(e) (less applicability to basic pay).[None.] 424(e)10:6969(b) (less last sentence, and less applicability to basic pay).[None.]
Editorial Notes
Amendments2018—Subsec. (c). Pub. L. 115232 substituted “section 8287 of title 10” for “section 6222 of title 10”. 1978—Subsecs. (b) to (f). Pub. L. 95551 redesignated subsecs. (c) to (f) as (b) to (e), respectively. Former subsec. (b), which provided that the director of music at the United States Military Academy be entitled to allowances of a commissioned officer of the rank prescribed for the director by the Secretary of the Army, was struck out. 1965—Subsec. (f). Pub. L. 89189 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 AmendmentAmendment by Pub. L. 115232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115232, set out as a note preceding section 3001 of Title 10, Armed Forces.
Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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# 37 U.S.C. § 425 - United States Navy Band; United States Marine Corps Band: allowances while on concert tour
## Text
While on concert tours approved by the President, the members of the United States Navy Band and the United States Marine Corps Band do not forfeit allowances.
(Pub. L. 87649, Sept. 7, 1962, 76 Stat. 480.)
## Notes
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 42510:6224.[None.] The words “do not forfeit” are substituted for the words “lose no” for clarity.
Executive Documents
Delegation of Functions Functions of President under this section delegated to Secretary of Defense, see section 1(14) of Ex. Ord. No. 11390, Jan. 22, 1968, 33 F.R. 841, set out as a note under section 301 of Title 3, The President.
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# 37 U.S.C. § 426 - Repealed. Pub. L. 90377, § 10, July 5, 1968, 82 Stat. 288]
## Notes
Section, Pub. L. 87649, Sept. 7, 1962, 76 Stat. 480, provided for payment to persons confined in a naval confinement facility under sentence of a court-martial of not more than $3 a month for necessary expenses, such payments to be made from appropriations for pay of Navy or Marine Corps.
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# 37 U.S.C. § 428 - Renumbered § 488]
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# 37 U.S.C. § 429 - Renumbered § 489]
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# 37 U.S.C. § 430 - Renumbered § 490]
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# 37 U.S.C. § 431 - Benefits for certain members assigned to the Defense Intelligence Agency
## Text
(a) The Secretary of Defense may provide to members of the armed forces described in subsection (e) allowances and benefits comparable to those provided by the Secretary of State to officers and employees of the Foreign Service under paragraphs (2), (3), (4), (6), (7), (8), and (13) of section 901 and sections 705 and 903 of the Foreign Service Act of 1980 (22 U.S.C. 4081(2), (3), (4), (6), (7), (8), and (13), 4025, 4083) and under section 5924(4) of title 5.
(b) The authority of the Secretary of Defense to make payments under subsection (a) is effective for any fiscal year only to the extent that appropriated funds are available for such purpose.
(c) Members of the armed forces may not receive benefits under both subsection (a) and any other provision of this title for the same purpose. The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection.
(d) Regulations prescribed under subsection (a) may not take effect until the Secretary of Defense has submitted such regulations to—
(1) the Committee on Armed Services and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives.
(e) Subsection (a) applies to members of the armed forces who—
(1) are assigned—
(A) to Defense Attaché Offices or Defense Intelligence Agency Liaison Offices outside the United States; or
(B) to the Defense Intelligence Agency and engaged in intelligence-related duties outside the United States; and
(2) are designated by the Secretary of Defense for the purposes of subsection (a).
(Added Pub. L. 99145, title XIII, § 1302(b)(1), Nov. 8, 1985, 99 Stat. 738, § 431; amended Pub. L. 10225, title VII, § 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 10493, title V, § 502(b), Jan. 6, 1996, 109 Stat. 973; Pub. L. 10665, div. A, title X, § 1067(2), Oct. 5, 1999, 113 Stat. 774; Pub. L. 11281, div. A, title VI, § 631(d)(2), Dec. 31, 2011, 125 Stat. 1460; renumbered § 491, Pub. L. 112239, div. A, title X, § 1076(h)(2), Jan. 2, 2013, 126 Stat. 1955; Pub. L. 11781, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767; renumbered § 431, Pub. L. 117263, div. A, title VI, § 615(a), Dec. 23, 2022, 136 Stat. 2624.)
## Notes
Editorial Notes
Amendments2022—Pub. L. 117263 revived section 491 of this title to read as it did immediately before its repeal by Pub. L. 11781, and renumbered it as this section. The section was transferred to its original location in Chapter 7 of this title to reflect the probable intent of Congress. 2021—Pub. L. 11781 repealed this section. However, this section was revived to read as it did immediately before repeal by Pub. L. 117263. See note above. 2013—Pub. L. 112239 renumbered section 431 of this title as section 491 of this title. 2011—Pub. L. 11281 transferred this section to this chapter. 1999—Subsec. (d)(2). Pub. L. 10665 substituted “Committee on Armed Services” for “Committee on National Security”. 1996—Subsec. (a). Pub. L. 10493, § 502(b)(1), substituted “described in subsection (e)” for “who are assigned to Defense Attache Offices and Defense Intelligence Agency Liaison Offices outside the United States and who are designated by the Secretary of Defense for the purposes of this subsection”. Subsecs. (d), (e). Pub. L. 10493, § 502(b)(2), (3), added subsecs. (d) and (e) and struck out former subsec. (d) which read as follows: “Regulations prescribed pursuant to subsection (a) shall be submitted to the Committee on Armed Services and the Permanent Select Committee on Intelligence of the House of Representatives and the Committee on Armed Services and the Select Committee on Intelligence of the Senate before such regulations take effect.” 1991—Subsecs. (b) to (d). Pub. L. 10225 struck out “of this section” after “subsection (a)”.
Statutory Notes and Related Subsidiaries
Delegation of Authority of Secretary of DefensePub. L. 99145, title XIII, § 1302(b)(3), Nov. 8, 1985, 99 Stat. 738, as amended by Pub. L. 100180, div. A, title XIII, § 1314(d)(4), Dec. 4, 1987, 101 Stat. 1176, provided that: “The authority of the Secretary of Defense under section 431 of title 37, United States Code, as added by paragraph (1), may be delegated in accordance with section 113(d) of title 10, United States Code.” [Amendment to section 1302(b)(3) of Pub. L. 99145 by Pub. L. 100180 effective Oct. 1, 1986, see section 1314(e)(2) of Pub. L. 100180, set out as a note under section 413 of this title.]
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# 37 U.S.C. § 432 - Renumbered § 492]
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# 37 U.S.C. § 433 - Allowance for muster duty
## Text
(a) Under uniform regulations prescribed by the Secretaries concerned, a member of the Ready Reserve who is not a member of the National Guard or of the Selected Reserve is entitled to an allowance for muster duty performed pursuant to section 12319 of title 10 if the member is engaged in that duty for at least two hours.
(b) The amount of the allowance under this section shall be 125 percent of the amount of the average per diem rate for the United States (other than Alaska and Hawaii) under section 452 of this title as in effect on September 30 of the year preceding the year in which the muster duty is performed.
(c) The allowance authorized by this section may not be disbursed in kind. The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date. The allowance shall constitute the single, flat-rate monetary allowance authorized for the performance of muster duty and shall constitute payment in full to the member, regardless of grade or rank in which serving, as commutation for travel to the immediate vicinity of the designated muster duty location, transportation, subsistence, and the special or extraordinary costs of enforced absence from home and civilian pursuits, including such absence on weekends and holidays.
(d) A member who performs muster duty is not entitled to compensation for inactive-duty training under section 206(a) of this title for the same period.
(Added Pub. L. 101189, div. A, title V, § 502(b)(1), Nov. 29, 1989, 103 Stat. 1436; amended Pub. L. 101510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104106, div. A, title XV, § 1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 10585, div. A, title VI, § 627, Nov. 18, 1997, 111 Stat. 1795; Pub. L. 11281, div. A, title VI, § 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465; Pub. L. 112239, div. A, title X, § 1076(a)(9), Jan. 2, 2013, 126 Stat. 1948; Pub. L. 117263, div. A, title VI, § 626(h)(5), Dec. 23, 2022, 136 Stat. 2629.)
## Notes
Editorial Notes
Amendments2022—Subsec. (b). Pub. L. 117263 substituted “section 452” for “section 474(d)(2)(A)”. 2013—Subsec. (b). Pub. L. 112239, § 1076(a)(9), made technical amendment to directory language of Pub. L. 11281, § 631(f)(4)(A). See 2011 Amendment note below. 2011—Subsec. (b). Pub. L. 11281, § 631(f)(4)(A), as amended by Pub. L. 112239, § 1076(a)(9), substituted “474” for “404”. 1997—Subsec. (c). Pub. L. 10585 struck out “and shall be paid to the member on or before the date on which the muster duty is performed” after “disbursed in kind” in first sentence and inserted “The allowance may be paid to the member before, on, or after the date on which the muster duty is performed, but not later than 30 days after that date.” after first sentence. 1996—Subsec. (a). Pub. L. 104106 substituted “section 12319 of title 10” for “section 687 of title 10”. 1990—Subsec. (a). Pub. L. 101510 substituted “section 687 of title 10” for “section 691 of title 10”.
Statutory Notes and Related Subsidiaries
Effective Date of 2013 AmendmentPub. L. 112239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 11281 as enacted.
Effective Date of 1996 AmendmentAmendment by Pub. L. 104106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104106, set out as a note under section 113 of Title 10, Armed Forces.
Effective Date of 1990 AmendmentPub. L. 101510, div. A, title XIV, § 1484(h)(5), Nov. 5, 1990, 104 Stat. 1718, provided that the amendment made by that section is effective as of Nov. 29, 1989.
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# 37 U.S.C. § 433a - Allowance for participation in Ready Reserve screening
## Text
(a) Allowance Authorized.— (1) Under regulations prescribed by the Secretaries concerned, a member of the Individual Ready Reserve may be paid a stipend for participation in the screening performed pursuant to section 10149 of title 10, in lieu of muster duty performed under section 12319 of title 10, if such participation is conducted through electronic means.
(2) The stipend paid a member under this section shall constitute the sole monetary allowance authorized for participation in the screening described in paragraph (1), and shall constitute payment in full to the member for participation in such screening, regardless of the grade or rank in which the member is serving.
(b) Maximum Payment.— The aggregate amount of the stipend paid a member of the Individual Ready Reserve under this section in any calendar year may not exceed $50.
(c) Payment Requirements.— (1) The stipend authorized by this section may not be disbursed in kind.
(2) Payment of a stipend to a member of the Individual Ready Reserve under this section for participation in screening shall be made on or after the date of participation in such screening, but not later than 30 days after such date.
(Added Pub. L. 110181, div. A, title VI, § 633(a)(1), Jan. 28, 2008, 122 Stat. 154.)
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# 37 U.S.C. § 434 - Renumbered § 494]
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# 37 U.S.C. § 435 - Funeral honors duty: allowance
## Text
(a) Allowance Authorized.— (1) The Secretary concerned may authorize payment of an allowance to a member of the Ready Reserve for any day on which the member performs at least two hours of funeral honors duty pursuant to section 12503 of title 10 or section 115 of title 32.
(2) The Secretary concerned may also authorize payment of that allowance to a member of the armed forces in a retired status for any day on which the member serves in a funeral honors detail under section 1491 of title 10, if the time required for service in such detail (including time for preparation) is not less than two hours. The amount of an allowance paid to a member under this paragraph shall be in addition to any other compensation to which the member may be entitled under this title or title 10 or 38.
(b) Amount.— The daily rate of an allowance under this section is $50.
(Added Pub. L. 10665, div. A, title V, § 578(j), Oct. 5, 1999, 113 Stat. 630, § 435; amended Pub. L. 106398, § 1 [[div. A], title V, § 575(b), title X, § 1087(c)(1)(A)(i)], Oct. 30, 2000, 114 Stat. 1654, 1654A138, 1654A292; Pub. L. 107107, div. A, title V, § 561(b), Dec. 28, 2001, 115 Stat. 1119; renumbered § 495 and amended Pub. L. 11281, div. A, title VI, § 631(d)(2), (e)(32), Dec. 31, 2011, 125 Stat. 1460, 1464; renumbered § 435 and amended Pub. L. 116283, div. A, title VI, § 604(b), Jan. 1, 2021, 134 Stat. 3672.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 435 was renumbered section 495 of this title prior to being renumbered again as this section.
Amendments2021—Pub. L. 116283, § 604(b)(1), renumbered section 495 of this title as this section. Subsec. (c). Pub. L. 116283, § 604(b)(2), struck out subsec. (c). Text read as follows: “No allowance may be paid under this section for any day after the travel authorities transition expiration date.” 2011—Pub. L. 11281, § 631(d)(2), renumbered section 435 of this title as section 495. Subsec. (c). Pub. L. 11281, § 631(e)(32), added subsec. (c). 2001—Subsec. (a). Pub. L. 107107 designated existing provisions as par. (1) and added par. (2). 2000—Pub. L. 106398, § 1 [[div. A], title X, § 1087(c)(1)(A)(i)], made technical amendment to directory language of Pub. L. 10665, § 578(j), which enacted this section. Subsec. (c). Pub. L. 106398, § 1 [[div. A], title V, § 575(b)], struck out heading and text of subsec. (c). Text read as follows: “Except for expenses reimbursed under subsection (c) of section 12503 of title 10 or subsection (c) of section 115 of title 32, the allowance paid under this section is the only monetary compensation authorized to be paid a member for the performance of funeral honors duty pursuant to such section, regardless of the grade in which the member is serving, and shall constitute payment in full to the member.”
Statutory Notes and Related Subsidiaries
Effective Date of 2000 AmendmentAmendment by section 1 [[div. A], title V, § 575(b)] of Pub. L. 106398, applicable with respect to funeral honors duty performed on or after Oct. 1, 2000, see section 1 [[div. A], title V, § 575(c)] of Pub. L. 106398, set out as a note under section 12503 of Title 10, Armed Forces. Pub. L. 106398, § 1 [[div. A], title X, § 1087(c)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A292, provided that the amendment made by that section is effective as of Oct. 5, 1999, and as if included in the National Defense Authorization Act for Fiscal Year 2000, Pub. L. 10665, as enacted.
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# 37 U.S.C. § 436 - High-deployment allowance: lengthy or numerous deployments; frequent mobilizations
## Text
(a) Monthly Allowance.— The Secretary of the military department concerned may pay a high-deployment allowance to a member of the armed forces under the Secretarys jurisdiction for each month during which the member—
(1) is deployed; and
(2) at any time during that month—
(A) has been deployed for 191 or more consecutive days (or a lower number of consecutive days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness);
(B) has been deployed, out of the preceding 730 days, for a total of 401 or more days (or a lower number of days prescribed by the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness); or
(C) in the case of a member of a reserve component, is on active duty—
(i) under a call or order to active duty for a period of more than 30 days that is the second (or later) such call or order to active duty (whether voluntary or involuntary) for that member in support of the same contingency operation; or
(ii) for a period of more than 30 days under section 12304b of title 10 or a provision of law referred to in section 101(a)(13)(B) of title 10, if such period begins within one year after the date on which the member was released from previous service on active duty for a period of more than 30 days under a call or order issued under such a provision of law.
(b) Definition of Deployed.— In this section, the term “deployed”, with respect to a member, means that the member is deployed or in a deployment within the meaning of section 991(b) of title 10 (including any definition of “deployment” prescribed under paragraph (4) of that section).
(c) Rate.— The monthly rate of the allowance payable to a member under this section shall be determined by the Secretary concerned, not to exceed $1,000 per month.
(d) Payment of Claims.— A claim of a member for payment of the high-deployment allowance that is not fully substantiated by the recordkeeping system applicable to the member under section 991(c) of title 10 shall be paid if the member furnishes the Secretary concerned with other evidence determined by the Secretary as being sufficient to substantiate the claim.
(e) Relationship to Other Allowances.— A high-deployment allowance payable to a member under this section is in addition to any other pay or allowance payable to the member under any other provision of law.
(f) National Security Waiver.— No allowance may be paid under this section to a member for any month during which the applicability of section 991 of title 10 to the member is suspended under subsection (d) of that section.
(g) Authority to Exclude Certain Duty Assignments.— The Secretary concerned may exclude members serving in specified duty assignments from eligibility for the high-deployment allowance while serving in those assignments. Any such specification of duty assignments may only be made with the approval of the Secretary of Defense, acting through the Under Secretary of Defense for Personnel and Readiness. Specification of a particular duty assignment for purposes of this subsection may not be implemented so as to apply to the member serving in that position at the time of such specification.
(h) Payment From Operation and Maintenance Funds.— The monthly allowance payable to a member under this section shall be paid from appropriations available for operation and maintenance for the armed force in which the member serves.
(Added Pub. L. 10665, div. A, title V, § 586(b), Oct. 5, 1999, 113 Stat. 638, § 435; renumbered § 436 and amended Pub. L. 106398, § 1 [[div. A], title V, § 574(c), title X, § 1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A137, 1654A292; Pub. L. 107107, div. A, title V, § 592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108136, div. A, title V, § 541(b)(1)(5)(A), Nov. 24, 2003, 117 Stat. 1476, 1477; Pub. L. 11281, div. A, title V, § 530(a), Dec. 31, 2011, 125 Stat. 1403; Pub. L. 115232, div. A, title VI, § 602, Aug. 13, 2018, 132 Stat. 1794.)
## Notes
Editorial Notes
Amendments2018—Subsec. (a)(2)(C)(ii). Pub. L. 115232 inserted “section 12304b of title 10 or” before “a provision of law referred to”. 2011—Subsec. (a). Pub. L. 11281 substituted “may pay” for “shall pay” in introductory provisions. 2003—Pub. L. 108136, § 541(b)(5)(A), substituted “High-deployment allowance: lengthy or numerous deployments; frequent mobilizations” for “Per diem allowance for lengthy or numerous deployments” in section catchline. Subsec. (a). Pub. L. 108136, § 541(b)(1), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The Secretary of the military department concerned shall pay a high-deployment per diem allowance to a member of the armed forces under the Secretarys jurisdiction for each day on which the member (1) is deployed, and (2) has, as of that day, been deployed 401 or more days out of the preceding 730 days. The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.” Subsec. (c). Pub. L. 108136, § 541(b)(2), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “The amount of the high-deployment per diem payable to a member under this section is $100.” Subsec. (d). Pub. L. 108136, § 541(b)(4)(A), struck out “per diem” before “allowance”. Subsec. (e). Pub. L. 108136, § 541(b)(4)(B), substituted “allowance” for “per diem” after “high-deployment”. Subsec. (f). Pub. L. 108136, § 541(b)(4)(C), substituted “allowance” for “per diem” and “month during which” for “day on which”. Subsecs. (g), (h). Pub. L. 108136, § 541(b)(3), added subsecs. (g) and (h). 2001—Subsec. (a). Pub. L. 107107 inserted at end “The Secretary shall pay the allowance from appropriations available for operation and maintenance for the armed force in which the member serves.” 2000—Pub. L. 106398, § 1 [[div. A], title X, § 1087(b)(4)], renumbered section 435 of this title as this section. Subsec. (a). Pub. L. 106398, § 1 [[div. A], title V, § 574(c)(1)], substituted “401 or more days out of the preceding 730 days” for “251 days or more out of the preceding 365 days”. Subsec. (b). Pub. L. 106398, § 1 [[div. A], title V, § 574(c)(2)], substituted “prescribed under paragraph (4)” for “prescribed under paragraph (3)”.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentPub. L. 11281, div. A, title V, § 530(b), Dec. 31, 2011, 125 Stat. 1403, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 31, 2011].”
Effective DatePub. L. 10665, div. A, title V, § 586(d)(2), Oct. 5, 1999, 113 Stat. 639, provided that: “Section 435 [now 436] of title 37, United States Code (as added by subsection (b)) [this section], shall take effect on October 1, 2001.”
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# 37 U.S.C. § 437 - Allowance to cover monthly premiums for Servicemembers Group Life Insurance: members serving in a designated duty assignment
## Text
(a) Required Reimbursement for Premium Deduction.— (1) In the case of a member of the armed forces who has insurance coverage for the member under the Servicemembers Group Life Insurance program under subchapter III of chapter 19 of title 38 and who serves in a designated duty assignment at any time during a month, the Secretary concerned shall pay the member an allowance under this section for that month in an amount equal to the amount of the deduction made under subsection (a)(1) of section 1969 of such title for the amount of Servicemembers Group Life Insurance coverage held by the member under section 1967 of such title.
(2) In this subsection, the term “designated duty assignment” means a permanent or temporary duty assignment outside the United States or its possessions in support of a contingency operation in an area that—
(A) has been designated a combat zone; or
(B) is in direct support of an area that has been designated a combat zone.
(b) Notice of Availability of Allowance.— To the maximum extent practicable, in advance of the deployment of a member to a designated duty assignment referred to in subsection (a), the Secretary concerned shall give the member information regarding the following:
(1) The availability of the allowance under this section for members insured under the Servicemembers Group Life Insurance program.
(2) The ability of members who elected not to be insured under Servicemembers Group Life Insurance, or elected less than the maximum coverage amount available for such insurance, to obtain insurance, or to obtain additional coverage, as the case may be, under the authority provided in section 1967(c) of title 38.
(Added Pub. L. 109163, div. A, title VI, § 613(a), Jan. 6, 2006, 119 Stat. 3291; amended Pub. L. 109364, div. A, title VI, § 606(a)(c), Oct. 17, 2006, 120 Stat. 2246; Pub. L. 110181, div. A, title X, § 1063(c)(5), Jan. 28, 2008, 122 Stat. 322; Pub. L. 114328, div. A, title VI, § 644(a)(b)(2), Dec. 23, 2016, 130 Stat. 2166, 2167.)
## Notes
Editorial Notes
Amendments2016—Pub. L. 114328, § 644(b)(2), substituted “Allowance to cover monthly premiums for Servicemembers Group Life Insurance: members serving in a designated duty assignment” for “Allowance to cover monthly premium for Servicemembers Group Life Insurance: members serving in Operation Enduring Freedom or Operation Iraqi Freedom” in section catchline. Subsec. (a). Pub. L. 114328, § 644(a), designated existing provisions as par. (1), substituted “who serves in a designated duty assignment” for “who serves in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom”, and added par. (2). Subsec. (b). Pub. L. 114328, § 644(b)(1), substituted “designated duty assignment” for “theater of operations” in introductory provisions. 2008—Subsec. (a). Pub. L. 110181 made technical correction to directory language of Pub. L. 109364, § 606(b)(1)(A). See 2006 Amendment note below. 2006—Pub. L. 109364, § 606(c), struck out “portion of” before “monthly premium” in section catchline. Subsec. (a). Pub. L. 109364, § 606(b)(1)(B), struck out par. (2) which read as follows: “If a member described in paragraph (1) elected to be insured in an amount less than the coverage amount specified in paragraph (1) or in effect pursuant to subsection (b), the amount of the allowance under this section for a month shall be equal to the amount of the deduction made for that month under subsection (a)(1) of section 1969 of title 38 from the basic pay of the member for the amount of Servicemembers Group Life Insurance coverage actually held by the member under section 1967 of such title.” Pub. L. 109364, § 606(b)(1)(A), as amended by Pub. L. 110181, struck out “(1)” before “In the case of”. Subsec. (a)(1). Pub. L. 109364, § 606(a), substituted “for the amount of Servicemembers Group Life Insurance coverage held by the member under section 1967 of such title” for “for the first $150,000 of Servicemembers Group Life Insurance coverage held by the member under section 1967 of such title”. Subsecs. (b), (c). Pub. L. 109364, § 606(b)(2), (3), redesignated subsec. (c) as (b), in par. (2) substituted “maximum coverage amount available for such insurance,” for “coverage amount specified in subsection (a)(1) or in effect pursuant to subsection (b),”, and struck out former subsec. (b). Text read as follows: “For purposes of subsection (a), the Secretary of Defense is authorized to increase the coverage amount specified in paragraph (1) of such subsection to permit the reimbursement of all or an additional amount of the deduction made under section 1969(a)(1) of title 38 for levels of coverage in excess of $150,000 for members under the Servicemembers Group Life Insurance program.”
Statutory Notes and Related Subsidiaries
Effective Date of 2016 AmendmentPub. L. 114328, div. A, title VI, § 644(c), Dec. 23, 2016, 130 Stat. 2167, provided that: “The amendments made by this section [amending this section] shall apply to service by members of the Armed Forces in a designated duty assignment (as defined in subsection (a)(2) of section 437 of title 37, United States Code) for any month beginning on or after the date of the enactment of this Act [Dec. 23, 2016].”
Effective Date of 2008 AmendmentPub. L. 110181, div. A, title X, § 1063(c), Jan. 28, 2008, 122 Stat. 322, provided that the amendment made by section 1063(c)(5) is effective as of Oct. 17, 2006, and as if included in Pub. L. 109364 as enacted.
Effective Date of 2006 AmendmentPub. L. 109364, div. A, title VI, § 606(d), Oct. 17, 2006, 120 Stat. 2246, provided that: “The amendments made by this section [amending this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Oct. 17, 2006] and shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after that date.”
Effective DatePub. L. 109163, div. A, title VI, § 613(c), Jan. 6, 2006, 119 Stat. 3292, provided that: “Section 437 of title 37, United States Code, as added by subsection (a), shall apply with respect to service by members of the Armed Forces in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom for months beginning on or after the date of the enactment of this Act [Jan. 6, 2006]. In the case of members who are serving in the theater of operations for Operation Enduring Freedom or Operation Iraqi Freedom as of such date, the Secretary of Defense shall provide such members, as soon as practicable, the information specified in subsection (c) of that section.”
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# 37 U.S.C. § 438 - Preventive health services allowance
## Text
(a) Demonstration Project.— During the period beginning on January 1, 2009, and ending on December 31, 2011, the Secretary of Defense shall conduct a demonstration project designed to evaluate the efficacy of providing an annual allowance (to be known as a “preventive health services allowance”) to members of the armed forces described in subsection (b) to increase the use of preventive health services by such members and their dependents.
(b) Eligible Members.— (1) Subject to the numerical limitations specified in paragraph (2), a member of the armed forces who is serving on active duty for a period of more than 30 days and meets the medical and dental readiness requirements for the armed force of the member may receive a preventive health services allowance.
(2) Not more than 1,500 members of each of the Army, Navy, Air Force, and Marine Corps may receive a preventive health services allowance during any year, of which half in each armed force shall be members without dependents and half shall be members with dependents.
(c) Amount of Allowance.— The Secretary of the military department concerned shall pay a preventive health services allowance to a member selected to receive the allowance in an amount equal to—
(1) $500 per year, in the case of a member without dependents; and
(2) $1,000 per year, in the case of a member with dependents.
(d) Authorized Preventive Health Services.— (1) The Secretary of Defense shall specify the types of preventive health services that may be procured using a preventive health services allowance and the frequency at which such services may be procured.
(2) At a minimum, authorized preventive health services shall include, taking into consideration the age and gender of the member and dependents of the member:
(A) Colorectal screening.
(B) Breast screening.
(C) Cervical screening.
(D) Prostate screening.
(E) Annual physical exam.
(F) Annual dental exam.
(G) Weight and body mass screening.
(H) Vaccinations.
(3) The Secretary of Defense shall ensure that members selected to receive the preventive health services allowance and their dependents are provided a reasonable opportunity to receive the services authorized under this subsection in their local area.
(e) Data Collection.— At a minimum, the Secretary of Defense shall monitor and record the health of members receiving a preventive health services allowance and their dependents and the results of the testing required to qualify for payment of the allowance, if conducted. The Secretary shall assess the medical utility of the testing required to qualify for payment of a preventive health allowance.
(f) Reporting Requirement.— Not later than March 31, 2010, and March 31, 2012, the Secretary of Defense shall submit to Congress a report on the status of the demonstration project, including findings regarding the medical status of participants, recommendations to modify the policies and procedures of the program, and recommendations concerning the future utility of the project.
(g) Regulations.— The Secretary of Defense shall prescribe regulations to carry out this section.
(Added Pub. L. 110417, [div. A], title VII, § 714(a), Oct. 14, 2008, 122 Stat. 4504.)
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# 37 U.S.C. § 439 - Special compensation: members of the uniformed services with catastrophic injuries or illnesses requiring assistance in everyday living
## Text
(a) Monthly Compensation Authorized.— The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c).
(b) Covered Members.— A member eligible for monthly special compensation authorized by subsection (a) is a member who—
(1) has a catastrophic injury or illness that was incurred or aggravated in the line of duty;
(2) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;
(3) in the absence of the provision of such assistance, would require hospitalization, nursing home care, or other residential institutional care; and
(4) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section.
(c) Amount.— The amount of monthly special compensation payable to a member under subsection (a) shall be the amount as follows:
(1) The monthly amount of aid and attendance payable under section 1114(r)(2) of title 38.
(2) Upon the establishment by the Secretary of Veterans Affairs pursuant to subparagraph (C) of section 1720G(a)(3) of title 38 of the schedule of monthly personal caregiver stipends under the Department of Veterans Affairs program of comprehensive assistance for family caregivers under subparagraph (A)(ii)(V) of such section, the monthly personal caregiver stipend payable with respect to similarly circumstanced veterans under such schedule, rather than the amount specified in paragraph (1).
(d) Duration.— The eligibility of a member to receive special monthly compensation under subsection (a) expires on the earlier of the following:
(1) The last day of the month during which a 90-day period ends that begins on the date of the separation or retirement of the member.
(2) The last day of the month during which the member dies.
(3) The last day of the month during which the member is determined to be no longer afflicted with the catastrophic injury or illness referred to in subsection (b)(1).
(4) The last day of the month preceding the month during which the member begins receiving compensation under section 1114(r)(2) of title 38.
(e) Construction With Other Pay and Allowances.— Monthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law.
(f) Benefit Information.— (1) The Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such compensation in written and online materials for such members and their families.
(2) The Secretary of Defense shall ensure that a member eligible to receive special monthly compensation under this section is aware that the members eligibility for such compensation will expire pursuant to subsection (d)(1) after the end of the 90-day period that begins on the date of the separation or retirement of the member even though the member has not begun to receive compensation under section 1114(r)(2) of title 38 before the end of such period.
(g) Catastrophic Injury or Illness Defined.— In this section, the term “catastrophic injury or illness” means a permanent, severely disabling injury, disorder, or illness that the Secretary concerned determines compromises the ability of the afflicted person to carry out the activities of daily living to such a degree that the person requires—
(1) personal or mechanical assistance to leave home or bed; or
(2) constant supervision to avoid physical harm to self or others.
(h) Regulations.— The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.
(Added Pub. L. 11184, div. A, title VI, § 603(a), Oct. 28, 2009, 123 Stat. 2348; amended Pub. L. 111383, div. A, title VI, § 634, Jan. 7, 2011, 124 Stat. 4241.)
## Notes
Editorial Notes
Amendments2011—Subsec. (c). Pub. L. 111383 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the amount of monthly special compensation payable to a member under subsec. (a).