§ 415. — Uniform allowance: officers; initial allowance.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC415]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 415. Uniform allowance: officers; initial allowance
(a) Subject to subsection (b), an officer of an armed force is
entitled to an initial allowance of not more than $400 as reimbursement
for the purchase of required uniforms and equipment--
(1) upon first reporting for active duty (other than for
training) for a period of more than 90 days;
(2) upon completing at least 14 days of active duty as a member
of a reserve component;
(3) upon completing 14 periods, each of which was of at least
two hours' duration, of inactive-duty training as a member of the
Ready Reserve; or
(4) upon reporting for the first period of active duty required
by section 2121(c) of title 10 as a member of the Armed Forces
Health Professions Scholarship program.
(b) An officer who has received an initial uniform reimbursement or
allowance under any other law is not entitled to an initial allowance
under subsection (a).
(c) An allowance of $250 for uniforms and equipment may be paid to
each commissioned officer of the Public Health Service who is--
(1) on active duty or on inactive duty training status; and
(2) required by directive of the Surgeon General to wear a
uniform.
An officer is not entitled to more than one allowance under this
subsection.
(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88-647, title II,
Sec. 202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89-444, Sec. 2(1),
June 9, 1966, 80 Stat. 198; Pub. L. 89-718, Sec. 63, Nov. 2, 1966, 80
Stat. 1123; Pub. L. 90-83, Sec. 5(1), Sept. 11, 1967, 81 Stat. 221; Pub.
L. 91-278, Sec. 3(3), June 12, 1970, 84 Stat. 306; Pub. L. 96-76, title
III, Sec. 313(c), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96-513, title
IV, Sec. 412, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 97-22, Sec. 10(c),
July 10, 1981, 95 Stat. 137; Pub. L. 97-60, title I, Sec. 131(a), Oct.
14, 1981, 95 Stat. 1005; Pub. L. 102-25, title VII, Sec. 702(b)(1), (c),
Apr. 6, 1991, 105 Stat. 117; Pub. L. 106-398, Sec. 1 [[div. A], title
VI, Sec. 610(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-150.)
Historical and Revision Notes
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Revised section Source (U.S. Code) Source (Statutes at Large)
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415(a)................................ 37:255(a) (less provisos). Oct. 12, 1949, ch. 681, Sec.
415(b)................................ 37:255(a) (2d proviso). 305(a) (less 1st proviso); added
415(c)................................ 37:255(a) (last proviso). Aug. 10, 1956, ch. 1041, Sec.
20(d) (1st par., less 1st
proviso), 70A Stat. 628.
415(d)................................ 42:214. July 1, 1944, ch. 373, Sec. 213;
restated Apr. 27, 1956, ch. 211,
Sec. 2(a), 70 Stat. 116.
415(e)................................ 37:256. Oct. 12, 1949, ch. 681, Sec. 306;
added Aug. 10, 1956, ch. 1041,
Sec. 20(d) (last par.), 70A Stat.
629.
[Uncodified.] Aug. 7, 1947, ch. 512, Sec.
302(f), 61 Stat. 830.
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In subsection (a), the words ``Subject to subsections (b) and (c) of
this section,'' are inserted for clarity. The words ``of an armed
force'' are inserted, since the source section, as originally enacted,
did not apply to the Public Health Service or the Coast and Geodetic
Survey. (See section 243 of the Armed Forces Reserve Act of 1952 (66
Stat. 492).) The words ``of the Army, or the Air Force, without
specification of component'' are inserted to reflect the definition of
``reserve component'' in section 102(k) of the source statute. That
definition is executed throughout this revised title. For that reason,
the words ``but not as a member of the Army without specification of
component or the Air Force without specification of component, in
section 255(a)(2) of existing title 37'', are omitted, and since those
categories are excluded by the words ``member of a reserve component''.
The words ``of a reserve component'', in section 255(a)(3) of existing
title 37, are omitted, since the Ready Reserve cannot be in anything
other than a reserve component.
In subsection (b), the words ``heretofore or hereafter'' are omitted
as surplusage.
In subsection (c), the words ``An officer'' are substituted for the
words ``any individual'', since the revised section applies only to
officers.
In subsection (d), the words ``who is in pay grade O-1, O-2, or O-
3'' are substituted for the words ``is receiving the pay of the junior
assistant, assistant, or senior assistant grade'' to reflect current
terminology. (See chapter 3 of this revised title.) The last sentence is
substituted for section 214 (words following semicolon) of title 14.
In subsection (e), the words ``as a temporary officer'' are inserted
for clarity. The words ``5596 or'' are substituted for section 302(f) of
the Act of August 7, 1947, cited above.
Amendments
2000--Subsec. (a). Pub. L. 106-398 substituted ``$400'' for ``$200''
in introductory provisions.
1991--Subsecs. (a), (b). Pub. L. 102-25 struck out ``of this
section''.
1981--Subsec. (a). Pub. L. 97-22 substituted ``subsection (b) of
this section'' for ``subsections (b) and (c) of this section''.
Subsec. (a)(4). Pub. L. 97-60 added par. (4).
1980--Subsec. (a). Pub. L. 96-513, Sec. 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. 96-513, Sec. 412(3), (4), redesignated
subsec. (d) as (c). Former subsec. (c), relating to limitations on
qualifications for initial allowances by certain officers, was struck
out.
Subsec. (e). Pub. L. 96-513, Sec. 412(3), struck out subsec. (e)
relating to uniform allowances for temporary officers or warrant
officers.
1979--Subsec. (d). Pub. L. 96-76 in cl. (1) inserted provisions for
applicability to officers on inactive duty training status, and struck
out cl. (3) setting forth applicability to officers entitled to basic
pay of pay grade O-1, O-2, or O-3.
1970--Subsec. (e). Pub. L. 91-278 provided for entitlement to
uniform allowance of enlisted member appointed a warrant officer under
section 213 of title 14.
1967--Subsec. (d)(3). Pub. L. 90-83 substituted ``entitled to the
basic pay'' for ``is entitled to the basic pay''.
1966--Subsec. (a). Pub. L. 89-718 struck out ``, United States
Code,'' after ``title 10''.
Subsec. (e). Pub. L. 89-444 substituted ``section 214 of title 14''
for ``section 435 of title 14''.
1964--Subsec. (a). Pub. L. 88-647 included a regular officer of an
armed force appointed under section 2106 or 2107 of title 10.
Effective Date of 2000 Amendment
Pub. L. 106-398, Sec. 1 [[div. A], title VI, Sec. 610(c)], Oct. 30,
2000, 114 Stat. 1654, 1654A-150, provided that: ``The amendments made by
this section [amending this section and section 416 of this title] shall
take effect on October 1, 2000.''
Effective Date of 1981 Amendment
Section 10(c) of Pub. L. 97-22 provided that the amendment made by
that section is effective Sept. 15, 1981.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-513 effective Sept. 15, 1981, but the
authority to prescribe regulations under the amendment by section 412 of
Pub. L. 96-513 effective on Dec. 12, 1980, see section 701 of Pub. L.
96-513, set out as a note under section 101 of Title 10, Armed Forces.
Effective Date of 1979 Amendment
Amendment by Pub. L. 96-76 effective Oct. 1, 1979, see section 314
of Pub. L. 96-76, set out as a note under section 206 of Title 42, The
Public Health and Welfare.
Transfer of Functions
Functions of Public Health Service, Surgeon General of Public Health
Service, and all other officers and employees of Public Health Service,
and all functions of all agencies of or in Public Health Service
transferred to Secretary of Health, Education, and Welfare by Reorg.
Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set
out in the Appendix to Title 5, Government Organization and Employees.
Secretary of Health, Education, and Welfare redesignated Secretary of
Health and Human Services by section 3508(b) of Title 20, Education.
Section Referred to in Other Sections
This section is referred to in sections 416, 417, 907 of this title.
