2011—Pub. L. 112–81, div. A, title VI, §631(f)(1), (3)(A), Dec. 31, 2011, 125 Stat. 1464, 1465, substituted “ALLOWANCES OTHER THAN TRAVEL AND TRANSPORTATION ALLOWANCES” for “ALLOWANCES” in chapter heading and struck out items 404 “Travel and transportation allowances: general”, 404a “Travel and transportation allowances: temporary lodging expenses”, 404b “Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member”, 405 “Travel and transportation allowances: per diem while on duty outside the continental United States”, 405a “Travel and transportation allowances: departure allowances”, 406 “Travel and transportation allowances: dependents; baggage and household effects”, 406a “Travel and transportation allowances: authorized for travel performed under orders that are canceled, revoked, or modified”, 406b “Travel and transportation allowances: members of the uniformed services attached to a ship overhauling or inactivating”, 406c “Travel and transportation allowances: members assigned to a vessel under construction”, 407 “Travel and transportation allowances: dislocation allowance”, 408 “Travel and transportation allowances: travel within limits of duty station”, 408a “Travel and transportation allowances: inactive duty training outside of normal commuting distances”, 409 “Travel and transportation allowances: house trailers and mobile homes”, 410 “Travel and transportation allowances: miscellaneous categories”, 411 “Travel and transportation allowances: administrative provisions”, 411a “Travel and transportation allowances: travel performed in connection with convalescent leave”, 411b “Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours”, 411c “Travel and transportation allowances: travel performed in connection with rest and recuperative leave from certain stations in foreign countries”, 411d “Travel and transportation allowances: transportation incident to personal emergencies for certain members and dependents”, 411e “Travel and transportation allowances: transportation incident to certain emergencies for members performing temporary duty”, 411f “Travel and transportation allowances: transportation for survivors of deceased member to attend member's burial ceremonies; transportation for survivors of member dying overseas to attend transfer ceremonies”, 411g “Travel and transportation allowances: transportation incident to voluntary extensions of overseas tours of duty”, 411h “Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury”, 411i “Travel and transportation allowances: parking expenses”, 411j “Travel and transportation allowances: transportation of family members incident to the repatriation of members held captive”, 411k “Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured”, 411l “Travel and transportation allowances: attendance of members and other persons at Yellow Ribbon Reintegration Program events”, 412 “Appropriations for travel: may not be used for attendance at certain meetings”, 428 “Allowance for recruiting expenses”, 429 “Travel and transportation allowances: minor dependent schooling”, 430 “Travel and transportation: dependent children of members stationed overseas”, 431 “Benefits for certain members assigned to the Defense Intelligence Agency”, 432 “Travel and transportation: members escorting certain dependents”, 434 “Subsistence reimbursement relating to escorts of foreign arms control inspection teams”, and 435 “Funeral honors duty: allowance”.
Pub. L. 111–383, div. A, title X, §1075(c)(3)(B), Jan. 7, 2011, 124 Stat. 4372, added item 438 and struck out former item 438 “Preventive health care allowance”.
Pub. L. 111–383, div. A, title X, §1075(c)(3)(A), Jan. 7, 2011, 124 Stat. 4372, which directed substitution of item 411k for item 438, was executed by making the substitution for former item 411k “Travel and transportation allowances: non-medical attendants for members determined to be very seriously or seriously wounded, ill, or injured”, to reflect the probable intent of Congress.
Pub. L. 111–383, div. A, title VI, §622(a)(2), Jan. 7, 2011, 124 Stat. 4239, added item 411l.
2009—Pub. L. 111–84, div. A, title V, §542(b)(2)(B), title VI, §§603(c), 632(g)(2), 633(a)(2), Oct. 28, 2009, 123 Stat. 2300, 2350, 2362, 2363, added items 411f, 411k, and 439, struck out former item 411f “Travel and transportation allowances: transportation for survivors of deceased member to attend the member's burial ceremonies”, and substituted “Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury” for “Travel and transportation allowances: transportation of family members incident to illness or injury of members” in item 411h.
2008—Pub. L. 110–417, [div. A], title VII, §714(b), Oct. 14, 2008, 122 Stat. 4505, added item 438.
Pub. L. 110–181, div. A, title VI, §§631(a)(2), 633(a)(2), Jan. 28, 2008, 122 Stat. 154, 155, added items 408a and 433a.
2006—Pub. L. 109–364, div. A, title VI, §606(c), title X, §1071(c)(5), Oct. 17, 2006, 120 Stat. 2246, 2401, substituted “dislocation allowance” for “dislocation allowances” in item 407, inserted “Corps” after “United States Marine” in item 425, and struck out “portion of” before “monthly” in item 437.
Pub. L. 109–163, div. A, title VI, §§613(b), 651(b)(2), 653(b) Jan. 6, 2006, 119 Stat. 3292, 3311, 3313, added items 411j and 437 and substituted “Travel and transportation allowances: payment of lodging expenses at temporary duty location during authorized absence of member” for “Travel and transportation allowances: lodging expenses at temporary duty location for members on authorized leave” in item 404b.
2005—Pub. L. 109–13, div. A, title I, §1026(b)(2), May 11, 2005, 119 Stat. 254, substituted “illness or injury of members” for “the serious illness or injury of members” in item 411h.
2004—Pub. L. 108–375, div. A, title VI, §605(b)(3), Oct. 28, 2004, 118 Stat. 1945, substituted “continental United States” for “United States or in Hawaii or Alaska” in item 405.
2003—Pub. L. 108–136, div. A, title V, §541(b)(5)(B), title VI, §635(b), Nov. 24, 2003, 117 Stat. 1477, 1511, added item 404b and substituted “High-deployment allowance: lengthy or numerous deployments; frequent mobilizations” for “Per diem allowance for lengthy or numerous deployments” in item 436.
2000—Pub. L. 106–398, §1 [[div. A], title X, §1087(c)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, made technical amendment to directory language of Pub. L. 106–65, §586(c)(2). See 1999 Amendment note below.
Pub. L. 106–398, §1 [[div. A], title X, §1087(c)(1)(A)(ii)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, made technical amendment to directory language of Pub. L. 106–65, §578(k)(4). See 1999 Amendment note below.
Pub. L. 106–398, §1 [[div. A], title VI, §§604(a)(2), 645(b), title X, §1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–147, 1654A–162, 1654A–292, added items 402a and 411i and redesignated item 435 “Per diem allowance for lengthy or numerous deployments” as 436.
1999—Pub. L. 106–65, div. A, title V, §586(c)(2), Oct. 5, 1999, 113 Stat. 639, as amended by Pub. L. 106–398, §1 [[div. A], title X, §1087(c)(1)(B)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, added item 435 “Per diem allowance for lengthy or numerous deployments”.
Pub. L. 106–65, div. A, title V, §578(k)(4), Oct. 5, 1999, 113 Stat. 631, as amended by Pub. L. 106–398, §1 [[div. A], title X, §1087(c)(1)(A)(ii)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, added item 435 “Funeral honors duty: allowance”.
1998—Pub. L. 105–261, div. A, title VI, §633(b)(2), Oct. 17, 1998, 112 Stat. 2044, substituted “rest and recuperative leave from certain stations” for “leave from certain stations” in item 411c.
1997—Pub. L. 105–85, div. A, title VI, §603(c)(4), Nov. 18, 1997, 111 Stat. 1782, substituted “housing” for “quarters” in item 403 and struck out item 403a “Variable housing allowance”.
1994—Pub. L. 103–337, div. A, title VI, §602(a)(2), Oct. 5, 1994, 108 Stat. 2781, added item 403b.
1992—Pub. L. 102–484, div. A, title VI, §623(a)(2), Oct. 23, 1992, 106 Stat. 2423, added item 434.
1990—Pub. L. 101–510, div. A, title V, §504(a)(1), title XIV, §1484(f)(1), Nov. 5, 1990, 104 Stat. 1559, 1717, revised chapter heading so as to appear in all capital letters and renumbered Pub. L. 95–561, §1407(c)(1)(B). See 1978 Amendment note below.
1989—Pub. L. 101–189, div. A, title V, §502(b)(2), title VI, §624(a)(2), Nov. 29, 1989, 103 Stat. 1437, 1448, added items 406c and 433.
1987—Pub. L. 100–180, div. A, title VI, §§611(a)(2), 614(a)(2), (d)(3), 615(a)(2), title XIII, §1314(c)(2), Dec. 4, 1987, 101 Stat. 1093–1096, 1176, substituted “leave between consecutive overseas tours” for “certain leave” in item 411b, added items 411g and 411h, inserted “and Vice Chairman” in item 413, added item 419, and redesignated former items 419 and 420 as 420 and 421, respectively.
Pub. L. 100–26, §8(b)(1), Apr. 21, 1987, 101 Stat. 285, redesignated item 431 “Travel and transportation: members escorting certain dependents” as item 432.
1986—Pub. L. 99–661, div. A, title VI, §615(a)(2), Nov. 14, 1986, 100 Stat. 3880, added item 431 “Travel and transportation: members escorting certain dependents”.
1985—Pub. L. 99–145, title VI, §§616(c)(2), 620(a)(2), title XIII, §§1302(b)(2), 1303(b)(7), Nov. 8, 1985, 99 Stat. 641, 643, 738, 740, substituted “allowances:” for “allowances;” in item 404 and “departure” for “evacuation” in item 405a, struck out “away from home port” after “inactivating” in item 406b, added item 411f, substituted “allowances” for “allowance” in item 425, and added item 431 “Benefits for certain members assigned to the Defense Intelligence Agency”.
1984—Pub. L. 98–525, title VI, §§602(d)(2), 612(a)(2), Oct. 19, 1984, 98 Stat. 2536, 2539, struck out “; variable housing allowance” after “Basic allowance for quarters” in item 403, and added item 403a, and substituted “personal emergencies for certain members and dependents” for “certain emergencies for members performing temporary duty” in item 411d.
1983—Pub. L. 98–94, title IX, §§910(a)(2), 932(e)(2), Sept. 24, 1983, 97 Stat. 639, 650, struck out item 421 “Contract surgeons” and added item 430.
1981—Pub. L. 97–60, title I, §§122(a)(2), 126(b), Oct. 14, 1981, 95 Stat. 1003, 1005, added items 404a, 411c, 411d, and 411e.
Pub. L. 97–22, §11(b)(3)(B), July 10, 1981, 95 Stat. 138, substituted “uniformed services” for “Uniformed Services” in item 406b.
1980—Pub. L. 96–343, §4(a)(3), Sept. 8, 1980, 94 Stat. 1125, substituted “for quarters; variable housing allowance” for “for quarters” in item 403.
Pub. L. 96–342, title VIII, §808(a)(2), Sept. 8, 1980, 94 Stat. 1097, substituted “house trailers and mobile homes” for “trailers” in item 409.
1978—Pub. L. 95–561, title XIV, §1407(e)(1)(B), formerly §1407(c)(1)(B), Nov. 1, 1978, 92 Stat. 2367, renumbered §1407(d)(1)(B) by Pub. L. 101–510, div. A, title V, §504(a)(1), Nov. 5, 1990, 104 Stat. 1559, renumbered §1407(e)(1)(B) by Pub. L. 107–107, div. A, title III, §353(1), Dec. 28, 2001, 115 Stat. 1063, added item 429.
1973—Pub. L. 93–213, §1(2), Dec. 28, 1973, 87 Stat. 910, added item 411b.
Pub. L. 93–170, §1(2), Nov. 29, 1973, 87 Stat. 689, substituted “overhauling or inactivating” for “overhauling” in item 406b.
1971—Pub. L. 92–129, title II, §205(b), Sept. 28, 1971, 85 Stat. 359, added item 428.
1970—Pub. L. 91–210, §1(2), Mar. 13, 1970, 84 Stat. 53, added item 406b.
1968—Pub. L. 90–377, §9, July 5, 1968, 82 Stat. 288, struck out item 426 “Prisoners in naval confinement facilities”.
1967—Pub. L. 90–207, §9(2), Dec. 16, 1967, 81 Stat. 655, inserted item 411a.
1965—Pub. L. 89–26, §1(2), May 22, 1965, 79 Stat. 117, inserted item 405a.
1964—Pub. L. 88–647, title II, §202(6), Oct. 13, 1964, 78 Stat. 1071, substituted “Cadets and midshipmen” for “Cadets, midshipmen, and naval officer candidates” in item 422.
1963—Pub. L. 88–238, §1(2), Dec. 23, 1963, 77 Stat. 476, inserted item 406a.
Pub. L. 88–132, §11(2), Oct. 2, 1963, 77 Stat. 217, added item 427.
(a)
(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 child's 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 child's 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 parent's 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 person's 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)
(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 stepchild's 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 member's 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. 87–649, Sept. 7, 1962, 76 Stat. 469; Pub. L. 93–64, title I, §§103, 104, July 9, 1973, 87 Stat. 148; Pub. L. 100–26, §8(e)(7), Apr. 21, 1987, 101 Stat. 286; Pub. L. 102–190, div. A, title VI, §621, Dec. 5, 1991, 105 Stat. 1377; Pub. L. 103–160, div. A, title VI, §631(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L. 103–337, div. A, title VII, §701(b), Oct. 5, 1994, 108 Stat. 2797.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 401 | 37:231(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. 86–4, §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.
1994—Subsec. (b)(1)(B). Pub. L. 103–337 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. 103–160 added par. (4).
1991—Pub. L. 102–190 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 child's 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 stepparent's divorce from the parent by blood.”
1987—Pub. L. 100–26 inserted “the term” after “In this chapter,”.
1973—Cl. (2). Pub. L. 93–64, §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 child's support, or whose parentage has been admitted in writing by the member.
Cl. (3). Pub. L. 93–64, §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 member's 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. 93–64, §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.
Section 631(b) of Pub. L. 103–160 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.”
Section 206 of Pub. L. 93–64 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 Title 50, Appendix, War and National Defense] shall become effective July 1, 1973.”
(a)
(2) An enlisted member is not entitled to the basic allowance for subsistence during basic training.
(b)
(A) the monthly rate of basic allowance for subsistence that was in effect for an enlisted member for the preceding year; plus
(B) the product of the monthly rate under subparagraph (A) and the percentage increase in the monthly cost of a liberal food plan for a male in the United States who is between 20 and 50 years of age over the preceding fiscal year, as determined by the Secretary of Agriculture each October 1.
(2) The monthly rate of basic allowance for subsistence to be in effect for an officer for a year (beginning on January 1 of that year) shall be the amount equal to the monthly rate of basic allowance for subsistence in effect for officers for the preceding year, increased by the same percentage by which the rate of basic allowance for subsistence for enlisted members for the preceding year is increased effective on such January 1.
(3) For purposes of implementing paragraph (1), the monthly rate of basic allowance for subsistence that was in effect for an enlisted member for calendar year 2001 is deemed to be $233.
(c)
(d)
(1) the member is assigned to single Government quarters which have no adequate food storage or preparation facility in the quarters; and
(2) there is no Government messing facility serving those quarters that is capable of making meals available to the occupants of the quarters.
(e)
(f)
(1) Meals at no cost to the member, regardless of the entitlement of the member to a basic allowance for subsistence under subsection (a).
(2) A basic allowance for subsistence at the standard rate, regardless of the entitlement of the member for all meals or select meals during the duty day.
(3) A supplemental subsistence allowance at a rate higher than the basic allowance for subsistence rates in effect under this section, regardless of the entitlement of the member for all meals or select meals during the duty day.
(g)
(h)
(2) Paragraph (1) applies with respect to an injury, illness, or disease incurred or aggravated by a member while the member was serving on active duty—
(A) in support of Operation Iraqi Freedom or Operation Enduring Freedom; or
(B) in any other operation designated by the Secretary of Defense as a combat operation or in an area designated by the Secretary as a combat zone.
(i)
(2) The regulations shall include the specific rates of basic allowance for subsistence required by subsection (b).
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 89–444, §2(2), June 9, 1966, 80 Stat. 198; Pub. L. 93–419, §3(1)–(5), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–513, title IV, §411, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 98–94, title IX, §908(a), Sept. 24, 1983, 97 Stat. 637; Pub. L. 98–525, title VI, §605, Oct. 19, 1984, 98 Stat. 2537; Pub. L. 98–557, §17(d), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 99–145, title XIII, §1303(b)(5), Nov. 8, 1985, 99 Stat. 740; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title VI, §602(a)–(c)(1), Feb. 10, 1996, 110 Stat. 356, 357; Pub. L. 105–85, div. A, title VI, §602(a), Nov. 18, 1997, 111 Stat. 1771; Pub. L. 105–261, div. A, title VI, §604(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–398, §1 [[div. A], title VI, §603(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–144, 1654A–145; Pub. L. 107–107, div. A, title VI, §604(a), Dec. 28, 2001, 115 Stat. 1133; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §603, Dec. 2, 2002, 116 Stat. 2566; Pub. L. 108–136, div. A, title VI, §604, title X, §1045(b)(2), Nov. 24, 2003, 117 Stat. 1499, 1612; Pub. L. 109–163, div. A, title VI, §607(a), Jan. 6, 2006, 119 Stat. 3288; Pub. L. 109–364, div. A, title VI, §603(a), Oct. 17, 2006, 120 Stat. 2245; Pub. L. 110–181, div. A, title VI, §614(h), Jan. 28, 2008, 122 Stat. 149; Pub. L. 110–417, [div. A], title VI, §602, Oct. 14, 2008, 122 Stat. 4483.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 402(a) 402(b) |
37:251(a) (1st sentence). 37:251(a) (2d and last sentences). 37:251(b). 37:251(c). |
Oct. 12, 1949, ch. 681, §301, 63 Stat. 812; May 19, 1952, ch. 310, §1(d), 66 Stat. 80; Aug. 10, 1956, ch. 1041, §20(b), 70A Stat. 627; Sept. 2, 1958, Pub. L. 85–861, §10, 72 Stat. 1556. |
| 37:251a. | Aug. 1, 1953, ch. 305, §617, 67 Stat. 352. | |
| 402(c) 402(d) 402(e) 402(f) |
37:301(a) (45 words before proviso). 37:301(e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay). 37:251(a) (less 1st, 2d, and last sentences). 37:251(e). 37:251(f). 37:251(d). |
Oct. 12, 1949, ch. 681, §501(a) (45 words before proviso), (e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay), 63 Stat. 825, 827; July 9, 1952, ch. 608, §244, 66 Stat. 494; June 30, 1960, Pub. L. 86–559, §8, 74 Stat. 282. |
In subsection (a), the words “in the amount set forth in subsection (d)” are substituted for the words “in such amounts . . . as are provided in this section”.
In subsection (b), the words “on a daily basis” are substituted for the last sentence of section 251(a) of existing title 37. The words “United States” are substituted for the word “Government”, in the 2d sentence of section 251(a) of existing title 37, section 251(b) of existing title 37, and section 251(e) of existing title 37. The word “confined” is substituted for the word “sick” for clarity. The last 16 words of the third sentence are substituted for section 251(b) (proviso) of existing title 37. The fourth sentence is substituted for section 251(a) of existing title 37. The last sentence is substituted for section 301(a) (45 words before proviso) of existing title 37 and section 301(e) (less applicability to basic pay, incentive pay, administrative pay, and duty without pay). In that sentence, the words “of a reserve component of a uniformed service, or of the National Guard” are substituted for the enumeration of the organizations concerned.
In subsection (c), the words “who are entitled to basic pay” are inserted to reflect the 1st sentence of section 251(a) of existing title 37.
In subsection (d), the reference in section 251(a) of existing title 37 to the allowance of $1.05 per day for enlisted members granted permission to mess separately is omitted as superseded by section 251a.
In subsection (e), the words “Effective April 15, 1955,” are omitted as executed. The words “United States” are substituted for the word “Government”. The words “messing facilities” are substituted for the word “messes” to conform to subsections (b) and (d).
2008—Subsec. (h)(1). Pub. L. 110–417, §602(1), struck out before period at end “during any month covered by paragraph (3) in which the member is entitled to a basic allowance for subsistence under this section”.
Subsec. (h)(3). Pub. L. 110–417, §602(2), struck out par. (3) which read as follows: “This subsection shall apply to months beginning during the period beginning on October 1, 2005, and ending on December 31, 2008.”
Pub. L. 110–181 substituted “December 31, 2008” for “December 31, 2007”.
2006—Subsec. (h). Pub. L. 109–163, §607(a)(2), added subsec. (h). Former subsec. (h) redesignated (i).
Subsec. (h)(3). Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”.
Subsec. (i). Pub. L. 109–163, §607(a)(1), redesignated subsec. (h) as (i).
2003—Subsec. (b)(1). Pub. L. 108–136, §1045(b)(2)(A)(i)–(iii), redesignated par. (2) as (1), substituted “The” for “On and after January 1, 2002, the”, and struck out former par. (1) which read as follows: “Through December 31, 2001, the monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year (beginning on January 1 of that year) shall be the amount that is halfway between the following amounts, which are determined by the Secretary of Agriculture as of October 1 of the preceding year:
“(A) The amount equal to the monthly cost of a moderate-cost food plan for a male in the United States who is between 20 and 50 years of age.”
“(B) The amount equal to the monthly cost of a liberal food plan for a male in the United States who is between 20 and 50 years of age.”
Subsec. (b)(2). Pub. L. 108–136, §1045(b)(2)(A)(ii), redesignated par. (3) as (2). Former par. (2) redesignated (1).
Subsec. (b)(3), (4). Pub. L. 108–136, §1045(b)(2)(A)(ii), (iv), redesignated par. (4) as (3) and substituted “paragraph (1)” for “paragraph (2)”. Former par. (3) redesignated (2).
Subsec. (d). Pub. L. 108–136, §1045(b)(2)(B), substituted “subsection (b)(1)” for “subsection (b)(2)”.
Subsecs. (f) to (h). Pub. L. 108–136, §604, added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.
2002—Subsec. (d). Pub. L. 107–314 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:
“(1) In areas prescribed by 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, an enlisted member described in paragraph (2) is entitled to not more than the pro rata allowance in effect under paragraph (1) or (2) of subsection (b) for each meal the member buys from a source other than a messing facility of the United States.
“(2) An enlisted member referred to in paragraph (1) is a member who is granted permission to mess separately and whose duties require the member to buy at least one meal from a source other than a messing facility of the United States.”
Pub. L. 107–296, which directed amendment of subsec. (d) by substituting “of Homeland Security” for “of Transportation”, could not be executed because the words “of Transportation” did not appear subsequent to amendment by Pub. L. 107–314, see above and Effective Date of 2002 Amendment note below.
2001—Subsec. (b)(4). Pub. L. 107–107 added par. (4).
2000—Subsec. (b)(1). Pub. L. 106–398, §1 [[div. A], title VI, §603(a)(1)], substituted “Through December 31, 2001, the monthly rate” for “The monthly rate” in introductory provisions.
Subsec. (b)(2), (3). Pub. L. 106–398, §1 [[div. A], title VI, §603(a)(2), (3)], added par. (2) and redesignated former par. (2) as (3).
Subsec. (d)(1). Pub. L. 106–398, §1 [[div. A], title VI, §603(b)], substituted “in effect under paragraph (1) or (2) of subsection (b)” for “established under subsection (b)(1)”.
1998—Subsecs. (e) to (g). Pub. L. 105–261 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
1997—Pub. L. 105–85 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (e) relating to basic allowance for subsistence for members of the uniformed services.
1996—Subsec. (b). Pub. L. 104–106, §602(a), (b), designated first sentence as par. (1), redesignated former pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, of par. (1), designated second to fourth sentences as par. (2), designated fifth and sixth sentences as par. (3), and added par. (4).
Subsec. (e)(1). Pub. L. 104–106, §602(c)(1)(A), substituted “subsection (b)(2)” for “the third sentence of subsection (b)”.
Subsec. (e)(2). Pub. L. 104–106, §602(c)(1)(B), substituted “subsection (b)(2)” for “subsection (b)”.
1991—Subsec. (e). Pub. L. 102–25 struck out “of this section” after “subsection (b)” in pars. (1) and (2).
1985—Subsec. (b). Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “title” at end of fourth sentence.
1984—Subsec. (b). Pub. L. 98–525 inserted “The Secretary concerned may provide an enlisted member who could be provided rations in kind under the preceding sentence with a commutation when rations in kind are not available.”
Subsec. (d). Pub. L. 98–557 inserted provisions relating to Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.
1983—Subsec. (e). Pub. L. 98–94 designated existing provisions as par. (1) and added par. (2).
1980—Subsec. (b). Pub. L. 96–513, §411(a), inserted provisions authorizing an allowance while performing travel under orders, and struck out provisions prohibiting an allowance while being subsisted at the expense of United States.
Subsec. (e). Pub. L. 96–513, §411(b), inserted reference to definitions of “field duty” and “sea duty”.
1974—Subsec. (a). Pub. L. 93–419, §3(1), struck out “this section or by another” after “otherwise provided by” and substituted “as set forth in this section” for “in the amount set forth in subsection (d) of this section”.
Subsec. (b). Pub. L. 93–419, §3(2), substituted provisions for allowance for enlisted members authorized to receive basic allowance for subsistence under this subsection by reference to section 1009 of this title for provisions for allowance for enlisted members on leave or were authorized to mess separately at an amount equal to the cost of ration to be determined by the Secretary of Defense.
Subsec. (c). Pub. L. 93–419, §3(3), inserted reference to section 1009 of this title in provisions relating to the amount of basic allowance for subsistence.
Subsecs. (d) to (f). Pub. L. 93–419, §3(4), (5), struck out subsec. (d) which related to basic allowance for subsistence for members of the uniformed services, and redesignated subsecs. (e) and (f) as (d) and (e), respectively.
1966—Subsec. (c). Pub. L. 89–444 extended to aviation cadets of the Coast Guard the entitlement to the same basic allowance for subsistence as is provided for an officer of the Coast Guard.
Amendment by Pub. L. 110–181 effective as of Dec. 31, 2007, and subject to various special provisions, see section 610 of Pub. L. 110–181, set out as a Correction of Lapsed Authorities for Payment of Bonuses, Special Pays, and Similar Benefits for Members of the Uniformed Services note under section 2130a of Title 10, Armed Forces.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Section 602(g) of Pub. L. 105–85 provided that: “This section [amending this section, section 404 of this title, and section 6081 of Title 10, Armed Forces, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on January 1, 1998.”
Section 605 of Pub. L. 98–525 provided that the amendment made by that section is effective Oct. 1, 1984.
Amendment by Pub. L. 96–513 effective Sept. 15, 1981, but the authority to prescribe regulations under the amendment by section 411 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.
Amendment by Pub. L. 93–419 effective Sept. 19, 1974, see section 9 of Pub. L. 93–419, set out as an Effective Date note under section 1009 of this title.
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.
Pub. L. 107–107, div. A, title VI, §604(b), Dec. 28, 2001, 115 Stat. 1133, provided that:
“(1) Notwithstanding section 402 of title 37, United States Code, 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, may prescribe a rate of basic allowance for subsistence to apply to enlisted members of the uniformed services when messing facilities of the United States are not available. The rate may be higher than the rate of basic allowance for subsistence that would otherwise be applicable to the members under that section, but may not be higher than the highest rate that was in effect for enlisted members of the uniformed services under those circumstances before the date of the enactment of this Act [Dec. 28, 2001].
“(2) Paragraph (1) shall cease to be effective on the first day of the first month for which the basic allowance for subsistence calculated for enlisted members of the uniformed services under section 402 of title 37, United States Code, exceeds the rate of the basic allowance for subsistence prescribed under paragraph (1).”
Pub. L. 107–107, div. A, title VI, §604(c), Dec. 28, 2001, 115 Stat. 1134, provided that: “Notwithstanding the repeal of subsections (c) through (f) of section 602 of the National Defense Authorization Act for Fiscal Year 1998 (Public Law 105–85; 37 U.S.C. 402 note) by section 603(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by Public Law 106–398; 114 Stat. 1654A–145) [see below], the basic allowance for subsistence shall be paid in accordance with such subsections for October, November, and December of 2001.”
Pub. L. 105–85, div. A, title VI, §602(c)–(f), Nov. 18, 1997, 111 Stat. 1772, as amended by Pub. L. 105–261, div. A, title VI, §604(b), Oct. 17, 1998, 112 Stat. 2038; Pub. L. 106–398, §1 [[div. A, title X, §1087(e)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293, which provided that a basic allowance for subsistence was to be paid to members of the uniformed services according to the conditions and at the rates provided in this note and not under the authority of this section during the period beginning on Jan. 1, 1998, and ending on the first day of the month immediately following the first month for which the monthly equivalent of the rate of basic allowance for subsistence payable to enlisted members of the uniformed services determined under this note was equal to or exceeded by the amount that would otherwise have been the monthly rate of basic allowance for subsistence under subsec. (b)(1) of this section, was repealed by Pub. L. 106–398, §1 [[div. A, title VI, §603(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–145, effective Oct. 1, 2001.
Pub. L. 96–343, §7, Sept. 8, 1980, 94 Stat. 1128, provided that: “Effective September 1, 1980, the rates of basic allowance for subsistence authorized by section 402 of title 37, United States Code, as in effect on the day before the date of the enactment of this Act [Sept. 8, 1980] (as prescribed by the President under section 1009 of such title), are increased by 10 percent.”
Regulations relating to basic allowance for subsistence, see Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out as a note under section 301 of this title.
Ex. Ord. No. 10119, Mar. 30, 1950, 15 F.R. 1767, as amended by 1953 Reorg. Plan No. 1, §§5, 8, Apr. 11, 1953, 18 F.R. 2053; Ex. Ord. No. 10605, Apr. 22, 1955, 20 F.R. 2747, which related to regulations governing basic allowance for subsistence, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, set out as a note under section 301 of this title.
(a)
(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 member's 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)
(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 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.
(c)
(d)
(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)
(f)
(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 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)
(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. 106–398, §1 [[div. A], title VI, §604(a)(1)], Oct. 30, 2000, 114 Stat. 1654, 1654A–145; amended Pub. L. 107–107, div. A, title VI, §604(d), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–375, div. A, title VI, §602(a), (b), Oct. 28, 2004, 118 Stat. 1943; Pub. L. 109–163, div. A, title VI, §608, Jan. 6, 2006, 119 Stat. 3289; Pub. L. 109–364, div. A, title X, §1071(c)(6), (e)(4), Oct. 17, 2006, 120 Stat. 2401; Pub. L. 110–234, title IV, §4002(b)(1)(A), (B), (2)(T), May 22, 2008, 122 Stat. 1095–1097; Pub. L. 110–246, §4(a), title IV, §4002(b)(1)(A), (B), (2)(T), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–84, div. A, title VI, §602(a), Oct. 28, 2009, 123 Stat. 2347; Pub. L. 112–81, div. A, title X, §1063(a), Dec. 31, 2011, 125 Stat. 1586.)
The 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. 89–642, 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. 97–35, 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. 97–35, as added by Pub. L. 101–508, title V, §5082(2), Nov. 5, 1990, 104 Stat. 1388–236, which is classified generally to subchapter II–B (§9858 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 Low-Income Home Energy Assistance Act of 1981, referred to in subsec. (f)(3), is title XXVI of Pub. L. 97–35, 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.
Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.
2011—Subsecs. (f) to (h). Pub. L. 112–81 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. 111–84 substituted “$1,100” for “$500”.
2008—Subsec. (a)(1), (3). Pub. L. 110–246, §4002(b)(1)(A), (2)(T), substituted “supplemental nutrition assistance program” for “food stamp program”.
Subsec. (b)(1). Pub. L. 110–246, §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. 110–246, §4002(b)(1)(B), (2)(T), substituted “Food and Nutrition Act of 2008” for “Food Stamp Act of 1977”.
Subsec. (h)(3). Pub. L. 110–246, §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. 109–364, §1071(c)(6), substituted “title” for “section”.
Subsec. (f). Pub. L. 109–163, §608(b), as amended by Pub. L. 109–364, §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. 109–163, §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. 108–375, §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. 108–375, §602(a)(2), added par. (3).
Subsecs. (g) to (i). Pub. L. 108–375, §602(b), added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively.
2002—Subsec. (g)(1)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2001—Subsec. (b)(1). Pub. L. 107–107 inserted “with dependents” after “a member of the armed forces”.
Pub. L. 111–84, 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.”
Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, 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. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.
Pub. L. 109–364, 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. 109–163 as enacted.
Pub. L. 108–375, 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.”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 106–398, §1 [[div. A], title VI, §604(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–147, 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].”
(a)
(2) A member of a uniformed service with dependents is not entitled to a basic allowance for housing as a member with dependents unless the member makes a certification to the Secretary concerned indicating the status of each dependent of the member. The certification shall be made in accordance with regulations prescribed by the Secretary of Defense.
(b)
(2) The Secretary of Defense shall determine the costs of adequate housing in a military housing area in the United States for all members of the uniformed services entitled to a basic allowance for housing in that area. The Secretary shall base the determination upon the costs of adequate housing for civilians with comparable income levels in the same area. After June 30, 2001, the Secretary may not differentiate between members with dependents in pay grades E–1 through E–4 in determining what constitutes adequate housing for members.
(3) The total amount that may be paid for a fiscal year for the basic allowance for housing under this subsection may not be less than the product of—
(A) the total amount authorized to be paid for such allowance for the preceding fiscal year; and
(B) a fraction—
(i) the numerator of which is the index of the national average monthly cost of housing for June of the preceding fiscal year; and
(ii) the denominator of which is the index of the national average monthly cost of housing for June of the second preceding fiscal year.
(4) An adjustment in the rates of the basic allowance for housing under this subsection as a result of the Secretary's redetermination of housing costs in an area shall take effect on the same date as the effective date of the next increase in basic pay under section 1009 of this title or other provision of law.
(5) On and after July 1, 2001, the Secretary of Defense shall establish a single monthly rate for members of the uniformed services with dependents in pay grades E–1 through E–4 in the same military housing area. The rate shall be consistent with the rates paid to members in pay grades other than pay grades E–1 through E–4 and shall be based on the following:
(A) The average cost of a two-bedroom apartment in that military housing area.
(B) One-half of the difference between the average cost of a two-bedroom townhouse in that area and the amount determined in subparagraph (A).
(6) So long as a member of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing within an area of the United States, the monthly amount of the allowance for the member may not be reduced as a result of changes in housing costs in the area or the promotion of the member.
(7)(A) Under the authority of this paragraph, the Secretary of Defense may prescribe a temporary increase in the rates of basic allowance for housing otherwise prescribed for a military housing area or a portion of a military housing area if the military housing area or portion thereof—
(i) is located in an area covered by a declaration by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170) that a major disaster exists; or
(ii) contains one or more military installations that are experiencing a sudden increase in the number of members of the armed forces assigned to the installation.
(B) The Secretary of Defense shall base the amount of the increase to be made in the rates of basic allowance for housing for an area on a determination by the Secretary of the amount by which the costs of adequate housing for civilians have increased in the area by reason of the disaster or the influx of military personnel, except that the increase may not exceed the amount equal to 20 percent of the rate of basic allowance for housing otherwise prescribed for the area.
(C) A member may be paid a basic allowance for housing at a rate increased under this paragraph only if the member certifies to the Secretary concerned that the member has incurred increased housing costs in the area by reason of the disaster or the influx of military personnel.
(D) Subject to subparagraph (E), an increase in the rates of basic allowance for housing in an area under this paragraph shall remain in effect until the effective date of the first adjustment in rates of basic allowance for housing made for the area pursuant to a redetermination of housing costs in the area under this subsection that occurs after the date of the increase under this paragraph.
(E) An increase in the rates of basic allowance for housing for an area may not be prescribed under this paragraph or continue after December 31, 2012.
(c)
(2) So long as a member of a uniformed service retains uninterrupted eligibility to receive a basic allowance for housing in an overseas area and the actual monthly cost of housing for the member is not reduced, the monthly amount of the allowance in an area outside the United States may not be reduced as a result of changes in housing costs in the area or the promotion of the member. The monthly amount of the allowance may be adjusted to reflect changes in currency rates.
(3)(A) In the case of a member of the uniformed services authorized to receive an allowance under paragraph (1), the Secretary concerned may make a lump-sum payment to the member for required deposits and advance rent, and for expenses relating thereto, that are—
(i) incurred by the member in occupying private housing outside of the United States; and
(ii) authorized or approved under regulations prescribed by the Secretary concerned.
(B) Expenses for which a member may be reimbursed under this paragraph may include losses relating to housing that are sustained by the member as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which the housing is located.
(C) The Secretary concerned shall recoup the full amount of any deposit or advance rent payments made by the Secretary under subparagraph (A), including any gain resulting from currency fluctuations between the time of payment and the time of recoupment.
(d)
(2) A permanent duty location referred to in paragraph (1) is a location—
(A) to which the movement of the member's dependents is not authorized at the expense of the United States under section 476 of this title, and the member's dependents do not reside at or near the location; and
(B) at which quarters of the United States are not available for assignment to the member.
(3) If a member with dependents is assigned to duty in an area that is different from the area in which the member's dependents reside, the member is entitled to a basic allowance for housing as provided in subsection (b) or (c), whichever applies to the member, subject to the following:
(A) If the member's assignment to duty in that area, or the circumstances of that assignment, require the member's dependents to reside in a different area, as determined by the Secretary concerned, the amount of the basic allowance for housing for the member shall be based on the area in which the dependents reside or the member's last duty station, whichever the Secretary concerned determines to be most equitable.
(B) If the member's assignment to duty in that area is under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment, the amount of the basic allowance for housing for the member shall be based on the member's last duty station if the Secretary concerned determines that it would be inequitable to base the allowance on the cost of housing in the area to which the member is reassigned.
(C) If the member is reassigned for a permanent change of station or permanent change of assignment from a duty station in the United States to another duty station in the United States for a period of not more than one year for the purpose of participating in professional military education or training classes, the amount of the basic allowance for housing for the member may be based on whichever of the following areas the Secretary concerned determines will provide the more equitable basis for the allowance:
(i) The area of the duty station to which the member is reassigned.
(ii) The area in which the dependents reside, but only if the dependents reside 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 dependents reside in that area.
(iii) The area of the former duty station of the member, if different than the area in which the dependents reside.
(4) A family separation basic allowance for housing paid to a member under this subsection is in addition to any other allowance or per diem that the member receives under this title. A member may receive a basic allowance for housing under both paragraphs (1) and (3).
(e)
(2) A member without dependents who is in a pay grade above pay grade E–6 and who is assigned to quarters in the United States or a housing facility under the jurisdiction of a uniformed service, appropriate to the grade or rank of the member and adequate for the member, may elect not to occupy those quarters and instead to receive the basic allowance for housing prescribed for the member's pay grade by this section.
(3) A member without dependents who is in pay grade E–6 and who is assigned to quarters of the United States that do not meet the minimum adequacy standards established by the Secretary of Defense for members in such pay grade, or to a housing facility under the jurisdiction of a uniformed service that does not meet such standards, may elect not to occupy such quarters or facility and instead to receive the basic allowance for housing prescribed for the member's pay grade under this section.
(4) The Secretary concerned may deny the right to make an election under paragraph (2) or (3) if the Secretary determines that the exercise of such an election would adversely affect a training mission, military discipline, or military readiness.
(5) A member with dependents who is assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service may be paid the basic allowance for housing if, because of orders of competent authority, the dependents are prevented from occupying those quarters.
(f)
(2)(A) Except as provided in subparagraphs (B) and (C), a member of a uniformed service without dependents who is in a pay grade below pay grade E–6 is not entitled to a basic allowance for housing while the member is on sea duty.
(B) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for housing to a member of a uniformed service without dependents who is serving in pay grade E–4 or E–5 and is assigned to sea duty. In prescribing regulations under this subparagraph, the Secretary concerned shall consider the availability of quarters for members serving in pay grades E–4 and E–5.
(C) Notwithstanding section 421 of this title, two members of the uniformed services in a pay grade below pay grade E–6 who are married to each other, have no other dependents, and are simultaneously assigned to sea duty are each entitled to a basic allowance for housing during the period of such simultaneous sea duty. The amount of the allowance payable to a member under the preceding sentence shall be based on the without dependents rate for the pay grade of the member.
(3) 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 Department of the Navy, shall prescribe regulations defining the terms “field duty” and “sea duty” for purposes of this section.
(g)
(A) which is maintained as the primary residence of the member at the time of the call or order; and
(B) which is owned by the member or for which the member is responsible for rental payments.
(2) The Secretary concerned may provide a basic allowance for housing to a member described in paragraph (1) at a monthly rate equal to the rate of the basic allowance for housing established under subsection (b) or the overseas basic allowance for housing established under subsection (c), whichever applies to the location at which the member is serving, for members in the same grade at that location without dependents. The member may receive both a basic allowance for housing under paragraph (1) and under this paragraph for the same month, but may not receive the portion of the allowance authorized under section 474 of this title, if any, for lodging expenses if a basic allowance for housing is provided under this paragraph.
(3) Paragraphs (1) and (2) shall not apply if the member is authorized transportation of household goods under section 476 of this title as part of the call or order to active duty described in such paragraph.
(4) The rate of basic allowance for housing to be paid to the following members of a reserve component shall be equal to the rate in effect for similarly situated members of a regular component of the uniformed services:
(A) A member who is called or ordered to active duty for a period of more than 30 days.
(B) A member who is called or ordered to active duty for a period of 30 days or less in support of a contingency operation.
(5) The Secretary of Defense shall establish a rate of basic allowance for housing to be paid to a member of a reserve component while the member serves on active duty under a call or order to active duty specifying a period of 30 days or less, unless the call or order to active duty is in support of a contingency operation.
(h)
(i)
(j)
(k)
(2) The Secretary concerned may make such determinations as may be necessary to administer this section, including determinations of dependency and relationship. When warranted by the circumstances, the Secretary concerned may reconsider and change or modify any such determination. The authority of the Secretary concerned under this subsection may be delegated. Any determination made under this section with regard to a member of the uniformed services is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence.
(3) Parking facilities (including utility connections) provided members of the uniformed services for house trailers and mobile homes not owned by the Government shall not be considered to be quarters for the purposes of this section or any other provision of law. Any fees established by the Government for the use of such a facility shall be established in an amount sufficient to cover the cost of maintenance, services, and utilities and to amortize the cost of construction of the facility over the 25-year period beginning with the completion of such construction.
(l)
(2) The Secretary concerned may pay a basic allowance for housing (at the rate that is payable for members of the same grade and dependency status as the deceased member for the area where the dependents are residing) to the dependents of a member of the uniformed services who dies while on active duty and whose dependents—
(A) are not occupying a housing facility under the jurisdiction of a uniformed service on the date of the member's death;
(B) are occupying such housing on a rental basis on such date; or
(C) vacate such housing sooner than 365 days after the date of the member's death.
(3) An allowance may be paid under paragraph (2) to the spouse of the deceased member even though the spouse is also a member of the uniformed services. The allowance paid under such paragraph is in addition to any other pay and allowances to which the spouse is entitled as a member.
(4) The payment of the allowance under paragraph (2) shall terminate 365 days after the date of the member's death.
(m)
(A) the member is assigned to a housing facility under the jurisdiction of a uniformed service; or
(B) the member is assigned to sea duty, and elects not to occupy assigned quarters for unaccompanied personnel, unless the member is in a pay grade above E–3.
(2) A member of a uniformed service assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service who is not otherwise authorized a basic allowance for housing and who pays child support is entitled to the basic allowance for housing differential, except for months for which the amount payable for the child support is less than the rate of the differential. Payment of a basic allowance for housing differential does not affect any entitlement of the member to a partial allowance for quarters under subsection (n).
(3) The basic allowance for housing differential to which a member is entitled under paragraph (2) is the amount equal to the difference between—
(A) the rate of the basic allowance for quarters (with dependents) for the member's pay grade, as such rate was in effect on December 31, 1997, under this section (as in effect on that date); and
(B) the rate of the basic allowance for quarters (without dependents) for the member's pay grade, as such rate was in effect on December 31, 1997, under this section (as in effect on that date).
(4) Whenever the rates of basic pay for members of the uniformed services are increased, the monthly amount of the basic allowance for housing differential computed under paragraph (3) shall be increased by the average percentage increase in the rates of basic pay. The effective date of the increase shall be the same date as the effective date of the increase in the rates of basic pay.
(5) In the case of two members, who have one or more common dependents (and no others), who are not married to each other, and one of whom pays child support to the other, the amount of the basic allowance for housing paid to each member under this section shall be reduced in accordance with regulations prescribed by the Secretary of Defense. The total amount of the basic allowances for housing paid to the two members may not exceed the sum of the amounts of the allowance to which each member would be otherwise entitled under this section.
(n)
(2) The rate of the partial basic allowance for housing is the partial rate of the basic allowance for quarters for the member's pay grade as such partial rate was in effect on December 31, 1997, under section 1009(c)(2) of this title (as such section was in effect on such date).
(o)
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 88–132, §10, Oct. 2, 1963, 77 Stat. 216; Pub. L. 89–718, §§49(a)(1), 54, Nov. 2, 1966, 80 Stat. 1121, 1122; Pub. L. 90–207, §1(3), Dec. 16, 1967, 81 Stat. 651; Pub. L. 92–129, title II, §204, Sept. 28, 1971, 85 Stat. 358; Pub. L. 93–64, title I, §105, July 9, 1973, 87 Stat. 148; Pub. L. 93–419, §3(6), Sept. 19, 1974, 88 Stat. 1152; Pub. L. 96–343, §4(a)(1), (2), Sept. 8, 1980, 94 Stat. 1125; Pub. L. 96–513, title V, §516(10), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 96–579, §§6(a)–(c), 7, Dec. 23, 1980, 94 Stat. 3367, 3368; Pub. L. 97–22, §11(b)(2), July 10, 1981, 95 Stat. 138; Pub. L. 98–94, title IX, §907(a), Sept. 24, 1983, 97 Stat. 637; Pub. L. 98–525, title VI, §§602(c), 604(a), Oct. 19, 1984, 98 Stat. 2534, 2537; Pub. L. 99–145, title VI, §§604(a), 605(a), title VIII, §809(b), title XIII, §1303(b)(6), Nov. 8, 1985, 99 Stat. 638, 681, 740; Pub. L. 99–227, §1, Dec. 28, 1985, 99 Stat. 1745; Pub. L. 100–26, §8(d)(5), Apr. 21, 1987, 101 Stat. 285; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§602(a), 604(a), 632(a), Dec. 5, 1991, 105 Stat. 1373, 1374, 1380; Pub. L. 103–337, div. A, title VI, §604(a), (b), Oct. 5, 1994, 108 Stat. 2782; Pub. L. 104–106, div. A, title VI, §§603(a), 604(a), Feb. 10, 1996, 110 Stat. 357, 358; Pub. L. 104–201, div. A, title VI, §§604(a)–(c), 605, Sept. 23, 1996, 110 Stat. 2540, 2541; Pub. L. 105–85, div. A, title VI, §603(a), Nov. 18, 1997, 111 Stat. 1775; Pub. L. 105–261, div. A, title VI, §603(a), Oct. 17, 1998, 112 Stat. 2037; Pub. L. 106–398, §1 [[div. A], title VI, §§605(a)–(d), 607, 608, title X, §1087(b)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–147 to 1654A–149, 1654A–292; Pub. L. 107–107, div. A, title VI, §605(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §602, Dec. 2, 2002, 116 Stat. 2566; Pub. L. 108–136, div. A, title VI, §605(a), Nov. 24, 2003, 117 Stat. 1500; Pub. L. 108–375, div. A, title VI, §§603, 604, Oct. 28, 2004, 118 Stat. 1944; Pub. L. 109–13, div. A, title I, §1022(a), May 11, 2005, 119 Stat. 251; Pub. L. 109–163, div. A, title VI, §§609(a), 610, 611, Jan. 6, 2006, 119 Stat. 3289, 3290; Pub. L. 109–364, div. A, title VI, §§604(a), 605(a), Oct. 17, 2006, 120 Stat. 2245, 2246; Pub. L. 110–181, div. A, title VI, §§602(a), 603(b), Jan. 28, 2008, 122 Stat. 145; Pub. L. 112–81, div. A, title VI, §§601, 631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1447, 1465.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 403(a) 403(b) 403(c) 403(d) |
37:252(a). 37:252(f). 37:252(b). 37:252(c). 37:252(d). |
Oct. 12, 1949, ch. 681, §302(a)–(f), 63 Stat. 812; May 19, 1952, ch. 310, §1(b), (c), 66 Stat. 79; May 20, 1958, Pub. L. 85–422, §1(9), 72 Stat. 127. |
| 403(e) | 37:111a. | July 2, 1945, ch. 227, 59 Stat. 316. |
| 403(f) 403(g) |
37:320. 37:252(e). |
June 29, 1950, ch. 405, §102, 64 Stat. 288. |
In subsection (a), the words “at the following monthly rates” are substituted for the words “in such amount and under such circumstances as are provided in this section”. Section 252(f) (words before table) of existing title 37 is omitted as surplusage.
In subsections (b), (d), and (e), the words “United States” are substituted for the word “Government”.
In subsection (c), the words “a period” are substituted for the words “temporary periods”.
In subsection (e), the words “member” and “members” are substituted for the word “personnel”.
In subsection (f), the words “may be used” are substituted for the words “shall be available”. The words “for any periods after June 29, 1950,” are omitted as executed. The words “(as defined in sections 231(g) and 252 of this title)” are omitted as covered by section 401 of this revised title.
In subsection (g), the word “including” is substituted for the words “and such regulations shall include, but not be limited to”.
Section 631(f)(4)(A) of Pub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) of section 631, to reflect the probable intent of Congress.
2011—Subsec. (b)(7)(E). Pub. L. 112–81, §601, substituted “December 31, 2012” for “December 31, 2009”.
Subsec. (d)(2)(A). Pub. L. 112–81, §631(f)(4)(A), substituted “476” for “406”. See Codification note above.
Subsec. (g)(2). Pub. L. 112–81, §631(f)(4)(A), substituted “474” for “404”. See Codification note above.
Subsec. (g)(3). Pub. L. 112–81, §631(f)(4)(A), substituted “476” for “406”. See Codification note above.
2008—Subsec. (b)(7)(E). Pub. L. 110–181, §603(b), substituted “December 31, 2009” for “December 31, 2008”.
Subsec. (g)(1). Pub. L. 110–181, §602(a), inserted “to attend accession training,” after “called or ordered to active duty” and inserted a comma after “contingency operation” the first time appearing.
2006—Subsec. (b)(7). Pub. L. 109–163, §609(a), added par. (7).
Subsec. (g)(1). Pub. L. 109–163, §610(b), inserted “or for a period of more than 30 days” after “in support of a contingency operation” in two places in introductory provisions.
Subsec. (g)(2). Pub. L. 109–364, §604(a)(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (g)(3). Pub. L. 109–364, §604(a)(1), (3), redesignated par. (2) as (3) and substituted “Paragraphs (1) and (2)” for “Paragraph (1)”. Former par. (3) redesignated (4).
Pub. L. 109–163, §610(a)(2), added par. (3). Former par. (3) redesignated (4).
Subsec. (g)(4). Pub. L. 109–364, §604(a)(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Pub. L. 109–163, §610(a)(1), (3), redesignated par. (3) as (4) and substituted “30 days or less” for “less than 140 days”.
Subsec. (g)(5). Pub. L. 109–364, §604(a)(1), redesignated par. (4) as (5).
Subsec. (l). Pub. L. 109–163, §611, substituted “365 days” for “180 days” wherever appearing.
Subsec. (l)(3), (4). Pub. L. 109–364, §605(a), added par. (3) and redesignated former par. (3) as (4).
2005—Subsec. (l). Pub. L. 109–13, §1022, temporarily substituted “365 days” for “180 days” wherever appearing. See Effective and Termination Dates of 2005 Amendments note below.
2004—Subsec. (d). Pub. L. 108–375, §604(1), substituted “
Subsec. (d)(1). Pub. L. 108–375, §603(1), substituted “may be paid” for “is entitled to”.
Subsec. (d)(3)(C). Pub. L. 108–375, §604(2), added subpar. (C).
Subsec. (d)(4). Pub. L. 108–375, §603(2), inserted first sentence and struck out former first sentence which read as follows: “The family separation basic allowance for housing under this subsection shall be in addition to any other allowance or per diem that the member is otherwise entitled to receive under this title.”
2003—Subsec. (f)(2)(C). Pub. L. 108–136 substituted “are each entitled to a basic allowance for housing” for “are jointly entitled to one basic allowance for housing” in first sentence, inserted second sentence, and struck out former second and third sentences which read as follows: “The amount of the allowance shall be based on the without dependents rate for the pay grade of the senior member of the couple. However, this subparagraph shall not apply to a couple if one or both of the members are entitled to a basic allowance for housing under subparagraph (B).”
2002—Subsec. (b)(7). Pub. L. 107–314, §602(1), redesignated par. (7) as subsec. (o).
Subsecs. (f)(3), (l)(1). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
Subsec. (o). Pub. L. 107–314 redesignated subsec. (b)(7) as subsec. (o), inserted heading, substituted “In the case of a member who is assigned to duty at a location or under circumstances that make it necessary for the member to be” for “In the case of a member who is assigned to duty inside the United States, the location or the circumstances of which make it necessary that the member be”, and inserted “for the purposes of this section” after “may be treated”.
2001—Subsec. (i). Pub. L. 107–107 struck out “who is in a pay grade E–4 (4 or more years of service) or above” after “A member of a uniformed service”.
2000—Subsec. (b)(1). Pub. L. 106–398, §1 [[div. A], title VI, §605(a)(3)], added par. (1). Former par. (1) redesignated (2).
Subsec. (b)(2). Pub. L. 106–398, §1 [[div. A], title VI, §607(a)], inserted at end “After June 30, 2001, the Secretary may not differentiate between members with dependents in pay grades E–1 through E–4 in determining what constitutes adequate housing for members.”
Pub. L. 106–398, §1 [[div. A], title VI, §605(a)(1), (2)], redesignated par. (1) as (2) and struck out former par. (2) which read as follows: “Subject to paragraph (3), the monthly amount of a basic allowance for housing for an area of the United States for a member of a uniformed service is equal to the difference between—
“(A) the monthly cost of adequate housing in that area, as determined by the Secretary of Defense, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member; and
“(B) 15 percent of the national average monthly cost of adequate housing in the United States, as determined by the Secretary, for members of the uniformed services serving in the same pay grade and with the same dependency status as the member.”
Subsec. (b)(3). Pub. L. 106–398, §1 [[div. A], title VI, §605(b)], added par. (3) and struck out former par. (3) which read as follows: “The rates of basic allowance for housing shall be reduced as necessary to comply with this paragraph. The total amount that may be paid for a fiscal year for the basic allowance for housing under this subsection is the product of—
“(A) the total amount authorized to be paid for such allowance for the preceding fiscal year (as adjusted under paragraph (5)); and
“(B) a fraction—
“(i) the numerator of which is the index of the national average monthly cost of housing for June of the preceding fiscal year; and
“(ii) the denominator of which is the index of the national average monthly cost of housing for June of the fiscal year before the preceding fiscal year.”
Subsec. (b)(5). Pub. L. 106–398, §1 [[div. A], title VI, §607(b)], added par. (5).
Pub. L. 106–398, §1 [[div. A], title VI, §605(b)(1)], struck out par. (5) which read as follows: “In making a determination under paragraph (3) for a fiscal year, the amount authorized to be paid for the preceding fiscal year for the basic allowance for housing shall be adjusted to reflect changes during the year for which the determination is made in the number, grade distribution, geographic distribution in the United States, and dependency status of members of the uniformed services entitled to the allowance from the number of such members during the preceding fiscal year.”
Subsec. (b)(6). Pub. L. 106–398, §1 [[div. A], title VI, §605(c)(1)], struck out “, changes in the national average monthly cost of housing,” after “housing costs in the area”.
Subsec. (b)(7). Pub. L. 106–398, §1 [[div. A], title VI, §605(c)(2)], struck out “without dependents” after “In the case of a member”.
Subsec. (d)(3). Pub. L. 106–398, §1 [[div. A], title VI, §605(d)], added par. (3) and struck out former par. (3) which read as follows: “In the case of a member with dependents who is assigned to duty at a location or under circumstances that, as determined by the Secretary concerned, require the member's dependents to reside at a different location, the member shall receive a basic allowance for housing, as provided in subsection (a) or (b), as if the member were assigned to duty in the area in which the dependents reside, regardless of whether the member resides in quarters of the United States or is also entitled to a family separation basic allowance for housing by reason of paragraph (1).”
Subsec. (f)(2)(B). Pub. L. 106–398, §1 [[div. A], title VI, §608(a)], substituted “E–4 or E–5” for “E–5” in first sentence and “grades E–4 and E–5” for “grade E–5” in second sentence.
Subsec. (f)(3). Pub. L. 106–398, §1 [[div. A], title X, §1087(b)(2)], substituted “regulations” for “regulation”.
Subsec. (m)(1)(B). Pub. L. 106–398, §1 [[div. A], title VI, §608(b)], substituted “E–3” for “E–4”.
1998—Subsec. (c)(3). Pub. L. 105–261 added par. (3).
1997—Pub. L. 105–85 amended section generally. Prior to amendment, section consisted of subsecs. (a) to (m) relating to basic allowances for quarters.
1996—Subsec. (b). Pub. L. 104–106, §603(a), designated first sentence as par. (1), designated second sentence as par. (2) and substituted “Subject” for “However, subject”, and added par. (3).
Subsec. (b)(3). Pub. L. 104–201, §605, substituted “Subject to the provisions of subsection (j), a member” for “A member”.
Subsec. (c)(2). Pub. L. 104–201, §604(a)–(c), designated first sentence as subpar. (A) and substituted “Except as provided in subparagraphs (B) and (C), a member” for “A member”, added subpars. (B) and (C), and struck out former second sentence which read as follows: “A member of a uniformed service without dependents who is in a pay grade above E–5 who is assigned to sea duty under a permanent change of station is not entitled to a basic allowance for quarters if the unit to which the member is ordered is deployed and the permanent station of the unit is different than the permanent station from which the member is reporting.”
Pub. L. 104–106, §604(a), substituted “E–6” for “E–7” in first sentence and “E–5” for “E–6” in second sentence.
1994—Subsec. (l). Pub. L. 103–337 substituted “180 days” for “90 days” wherever appearing.
1991—Subsec. (a). Pub. L. 102–190, §604(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 102–25, §702(b)(1), struck out “of this section” after “subsection (j)”.
Subsec. (d). Pub. L. 102–190, §632(a), designated existing provisions as par. (1) and added par. (2).
Subsec. (j)(1). Pub. L. 102–190, §604(a)(2), substituted “Secretary of Defense shall” for “President may”.
Subsec. (j)(2). Pub. L. 102–25, §702(b)(1), struck out “of this section” after “subsection (b)”.
Subsec. (m). Pub. L. 102–190, §602(a), added subsec. (m).
1987—Subsec. (l)(1). Pub. L. 100–26 substituted “armed forces” for “Armed Forces”.
1985—Subsec. (a). Pub. L. 99–145, §1303(b)(6), inserted “or as otherwise prescribed by law” after “of this title”.
Pub. L. 99–145, §604(a), inserted provision permitting the allowance authorized by this section to be paid in advance.
Subsec. (c)(1). Pub. L. 99–145, §605(a)(1), substituted “who makes a permanent change of station for assignment to a unit conducting field operations is not entitled to a basic allowance for quarters while on that initial field duty” for “is not entitled to a basic allowance for quarters while he is on field duty”.
Subsec. (c)(2). Pub. L. 99–145, §605(a)(2), substituted “who is assigned to sea duty under a permanent change of station is not entitled to a basic allowance for quarters if the unit to which the member is ordered is deployed and the permanent station of the unit is different than the permanent station from which the member is reporting” for “and who is on sea duty is not entitled to a basic allowance for quarters while the unit to which he is assigned is deployed for a period in excess of 90 days”.
Subsec. (c)(3). Pub. L. 99–145, §605(a)(3), struck out par. (3) which provided that for purposes of this subsection, duty for a period of less than three months was not considered to be field duty or sea duty.
Subsec. (k). Pub. L. 99–145, §809(b), substituted “25-year period” for “15-year period”.
Subsec. (l). Pub. L. 99–227 added subsec. (l).
1984—Pub. L. 98–525, §602(c)(2), struck out “; variable housing allowance” in section catchline.
Subsec. (a). Pub. L. 98–525, §602(c)(1), struck out designation for par. (1) preceding “Except as otherwise provided by law” and struck out par. (2) which related to variable housing allowances.
Subsec. (j)(2). Pub. L. 98–525, §604(a), inserted reference to training missions.
1983—Subsec. (a)(2)(A), (D). Pub. L. 98–94 substituted “Except as provided in subparagraph (D) of this paragraph, a member” for “A member” at beginning of subpar. (A), and added subpar. (D).
1981—Subsec. (b). Pub. L. 97–22 substituted “pay grade E–6” for “pay grade F–6”.
1980—Pub. L. 96–343, §4(a)(2), substituted “for quarters; variable housing allowance” for “for quarters” in section catchline.
Subsec. (a). Pub. L. 96–343, §4(a)(1), designated existing provisions as par. (1) and added par. (2).
Subsec. (b). Pub. L. 96–579, §6(a)(1), (2), substituted in second sentence “subject to the provisions of subsection (j)” for “except as provided by regulations prescribed under subsection (j)”, “member” for “commissioned officer”, and “F–6” for “C–3”. Because “C–3” did not appear in this subsection, “F–6” was substituted for “O–3” as the probable intent of Congress.
Subsec. (c). Pub. L. 96–579, §6(b), reenacted existing text in provisions designated as pars. (1) and (3), and substituted par. (2) respecting nonentitlement to basic allowance for quarters when on sea duty for member of a uniformed service in pay grade below E–7 or above E–6 for prior nonentitlement provision for such member when on sea duty.
Subsec. (e). Pub. L. 96–513, §516(10)(A), substituted “National Oceanic and Atmospheric Administration” for “Environmental Science Services Administration”.
Subsec. (j). Pub. L. 96–579, §6(c), designated existing provisions as par. (1) and added par. (2).
Pub. L. 96–513, §516(10)(B), substituted “terms” for “words”.
Subsec. (k). Pub. L. 96–579, §7, added subsec. (k).
1974—Subsec. (a). Pub. L. 93–419 substituted reference to section 1009 of this title for provisions setting out in tables the rates of basic allowance for quarters for members of uniformed services.
1973—Subsec. (a). Pub. L. 93–64, §105(1), (2), substituted in table provisions reading:
| “E–4 | $81.60 | $121.50 |
| E–3 | 72.30 | 105.00 |
| E–2 | 63.90 | 105.00 |
| E–1 | 60.00 | 105.00” |
| for former provisions reading: |
||
| “E–4 (over 4 years’ service) | 81.60 | 121.50 |
| E–4 (4 years’ or less service) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00” |
and struck out “A member in pay grade E–4 (less than four years’ service), E–3, E–2, or E–1 is considered at all times to be without dependents.”.
Subsec. (b). Pub. L. 93–64, §105(3), in second sentence substituted reference to subsection “(j)” for “(g)”.
Subsecs. (g) to (j). Pub. L. 93–64, §105(4), (5), added subsecs. (g) to (i) and redesignated former subsec. (g) as (j).
1971—Subsec. (a). Pub. L. 92–129 increased quarters allowances as shown in table. Prior to this amendment the table was set out as follows:
| “Pay grade | Without dependents | With dependents |
|---|---|---|
| O–10 | $160.20 | $201.00 |
| O–9 | 160.20 | 201.00 |
| O–8 | 160.20 | 201.00 |
| O–7 | 160.20 | 201.00 |
| O–6 | 140.10 | 170.10 |
| O–5 | 130.20 | 157.50 |
| O–4 | 120.00 | 145.05 |
| O–3 | 105.00 | 130.05 |
| O–2 | 95.10 | 120.00 |
| O–1 | 85.20 | 110.10 |
| W–4 | 120.00 | 145.05 |
| W–3 | 105.00 | 130.05 |
| W–2 | 95.10 | 120.00 |
| W–1 | 85.20 | 110.10 |
| E–9 | 85.20 | 120.00 |
| E–8 | 85.20 | 120.00 |
| E–7 | 75.00 | 114.90 |
| E–6 | 70.20 | 110.10 |
| E–5 | 70.20 | 105.00 |
| E–4 (over 4 years’ service) | 70.20 | 105.00 |
| E–4 (4 years’ or less service) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00” |
1967—Subsec. (f). Pub. L. 90–207 substituted provisions authorizing the payment of a basic allowance for quarters to a member of a uniformed service without dependents who is in pay grade E–4 (four or more years’ service) or above for the period he is in a travel or leave status between permanent duty stations for provisions which precluded the payment of a basic allowance for quarters to a member of a uniformed service without dependents while in a permanent change of station status.
1966—Subsec. (a). Pub. L. 89–718 increased the quarters allowances as shown on the table. Prior to this amendment the table was set out as follows:
| “Pay grade | Without dependents | With dependents |
|---|---|---|
| O–10 | $171.00 | $136.80 |
| O–9 | 171.00 | 136.80 |
| O–8 | 171.00 | 136.80 |
| O–7 | 171.00 | 136.80 |
| O–6 | 136.80 | 119.70 |
| O–5 | 136.80 | 102.60 |
| O–4 | 119.70 | 94.20 |
| O–3 | 102.60 | 85.50 |
| O–2 | 94.20 | 77.10 |
| O–1 | 85.50 | 68.40 |
| W–4 | 119.70 | 94.20 |
| W–3 | 102.60 | 85.50 |
| W–2 | 94.20 | 77.10 |
| W–1 | 85.50 | 68.40 |
| E–9 | 67.50 | 45.00 |
| E–8 | 67.50 | 45.00 |
| E–7 | 67.50 | 45.00 |
| E–6 | 67.50 | 45.00 |
| E–5 | 67.50 | 45.00 |
| E–4 (7 or more years’ service creditable under section 205) | 67.50 | 45.00 |
| E–4 (less than 7 years’ service creditable under section 205) | 45.00 | 45.00 |
| E–3 | 45.00 | 45.00 |
| E–2 | 45.00 | 45.00 |
| E–1 | 45.00 | 45.00” |
Subsec. (e). Pub. L. 89–718 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”.
1963—Subsec. (b). Pub. L. 88–132 authorized election by certain officers without dependents not to occupy government quarters.
Pub. L. 110–181, div. A, title VI, §602(b), Jan. 28, 2008, 122 Stat. 145, provided that: “The amendments made by subsection (a) [amending this section] shall apply with respect to months beginning on or after the date of the enactment of this Act [Jan. 28, 2008].”
Pub. L. 109–364, div. A, title VI, §604(b), Oct. 17, 2006, 120 Stat. 2246, provided that: “Paragraph (2) of section 403(g) of title 37, United States Code, as added by subsection (a), shall apply with respect to months beginning on or after October 1, 2006.”
Pub. L. 109–364, div. A, title VI, §605(b), Oct. 17, 2006, 120 Stat. 2246, provided that:
“(1)
“(2)
Pub. L. 109–163, div. A, title VI, §609(c), Jan. 6, 2006, 119 Stat. 3290, provided that: “The amendments made by this section [amending this section and section 404a of this title] shall apply with respect to months beginning on or after September 1, 2005.”
Pub. L. 109–163, div. A, title VI, §611, Jan. 6, 2006, 119 Stat. 3290, provided in part that the amendment of this section by section 611 is effective immediately after the termination, pursuant to section 1022(b) of Pub. L. 109–13 and section 124 of Pub. L. 109–177, of the amendments made by section 1022(a) of Pub. L. 109–13. See Effective and Termination Dates of 2005 Amendments note below.
Pub. L. 109–77, §124, Sept. 30, 2005, 119 Stat. 2041, provided that: “The amendment made by section 1022 of Public Law 109–13 [amending this section] shall continue in effect through the date specified in section 106(3) of this joint resolution [Dec. 31, 2005].”
Pub. L. 109–13, div. A, title I, §1022(b), May 11, 2005, 119 Stat. 251, provided that: “The amendment made by this section [amending this section] shall terminate on September 30, 2005. Effective on October 1, 2005, the provisions of section 403(l) of title 37, United States Code, as in effect on the date before the date of the enactment of this Act [May 11, 2005] shall be revived.”
Pub. L. 108–136, div. A, title VI, §605(b), Nov. 24, 2003, 117 Stat. 1500, provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of October 1, 2003, and apply to months beginning on or after that date.”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Pub. L. 107–107, div. A, title VI, §605(b), Dec. 28, 2001, 115 Stat. 1134, provided that: “The amendment made by this section [amending this section] shall take effect on January 1, 2003, and apply to members of the uniformed services in a travel or leave status between permanent duty stations on or after that date.”
Pub. L. 106–398, §1 [[div. A], title VI, §605(f)], Oct. 30, 2000, 114 Stat. 1654, 1654A–148, provided that:
“(1) The amendments made by this section [amending this section and provisions set out as a note below] shall take effect on October 1, 2000.
“(2) In the case of the amendment made by subsection (c)(2) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000, for a member of the uniformed services covered by the provision of law so amended regardless of the date on which the member was first reassigned to duty under the conditions of a low-cost or no-cost permanent change of station or permanent change of assignment.
“(3) In the case of the amendment made by subsection (d) [amending this section], the amendment shall apply with respect to pay periods beginning on and after October 1, 2000, for a member of the uniformed services covered by the provision of law so amended regardless of the date on which the member was first assigned to duty in an area that is different from the area in which the member's dependents reside.”
Pub. L. 105–261, div. A, title VI, §603(c), Oct. 17, 1998, 112 Stat. 2037, provided that: “The reimbursement authority provided by section 403(c)(3)(B) of title 37, United States Code, as added by subsection (a), applies with respect to losses relating to housing that are sustained, on or after July 1, 1997, by a member of the uniformed services as a result of fluctuations in the relative value of the currencies of the United States and the foreign country in which the housing is located.”
Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Section 604(e) of Pub. L. 104–201 provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect on July 1, 1997.”
Section 603(b) of Pub. L. 104–106 provided that: “The amendments made by this section [amending this section] shall take effect on July 1, 1996.”
Section 604(b) of Pub. L. 104–106 provided that: “The amendments made by this section [amending this section] shall take effect on July 1, 1996.”
Section 604(c) of Pub. L. 103–337 provided that: “The amendments made by this section [amending this section] shall take effect as of October 1, 1993.”
Section 604(c) of Pub. L. 102–190 provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect six months after the date of the enactment of this Act [Dec. 5, 1991].”
Section 632(b) of Pub. L. 102–190 provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 5, 1991] and shall apply to calls or orders of members of the reserve components of the Armed Forces to active duty on or after that date.”
Section 2 of Pub. L. 99–227 provided that: “The amendments made by section 1 of this Act [amending this section] shall take effect December 12, 1985, and shall apply only with respect to housing for and payment of an allowance for quarters to dependents of members of the uniformed services who died on or after that date.”
Section 604(c) of Pub. L. 99–145 provided that: “The amendments made by this section [amending this section and section 403a of this title] shall take effect on October 1, 1985.”
Section 605(b) of Pub. L. 99–145 provided that:
“(1) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect on October 1, 1985.
“(2) The amendment made by paragraph (3) of subsection (a) [amending this section] shall take effect on January 1, 1986.”
Amendment by section 809(b) of Pub. L. 99–145 effective Oct. 1, 1985, see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under section 113 of Title 10, Armed Forces.
Pub. L. 98–525, title VI, §602(f), Oct. 19, 1984, 98 Stat. 2536, as amended by Pub. L. 99–145, title VI, §603(b), Nov. 8, 1985, 99 Stat. 637; Pub. L. 99–661, div. A, title XIII, §1342(b), Nov. 14, 1986, 100 Stat. 3991; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465, provided that:
“(1) Except as provided in paragraph (2), the amendments made by this section [enacting section 403a of this title, amending this section, section 405 of this title, section 7572 of Title 10, Armed Forces, and provisions set out as a note under this section, and enacting provisions set out as a note under this section] shall take effect on January 1, 1985.
“(2)(A) A member shall be entitled to receive a station housing allowance under section 475 of title 37, United States Code, as if the amendments made by subsection (e) [amending section 405 of this title] had not been enacted, if the member, on the date of the enactment of the Department of Defense Authorization Act, 1986 [Nov. 8, 1985]—
“(i) is assigned to a permanent duty station in Alaska or Hawaii; and
“(ii) is entitled to payment of a temporary lodging allowance or a station housing allowance under section 475 of such title.
“(B) A member who is entitled to a station housing allowance by reason of subparagraph (A) shall only be entitled to such allowance until the earlier of—
“(i) the date on which the member changes residence in conjunction with a permanent change of duty station; or
“(ii) the expiration of the four-year period beginning on the date of the enactment of the Department of Defense Authorization Act, 1986 [Nov. 8, 1985].
“(C) A member who is entitled to a station housing allowance by reason of subparagraph (A) shall not be entitled to a variable housing allowance, except that such a member serving an unaccompanied tour of duty in Alaska or Hawaii may be paid a variable housing allowance based on the residence of the member's dependents in another State.
“(3) For the period beginning on January 1, 1985, and ending on September 30, 1985, the limitation applicable under subsection (d)(1) of section 403a of title 37, United States Code (as added by subsection (d)), on the total amount that may be paid during a fiscal year for the variable housing allowance authorized members of the uniformed services by that section shall be 15 percent of the median annual costs of housing in the United States for members of the uniformed services as measured during fiscal year 1984. In determining for the purposes of clause (A) of such subsection the total amount authorized to be paid for such allowance for fiscal year 1985, such amount shall be determined as if the amendments made by this section took effect on October 1, 1984.”
[Amendment by Pub. L. 112–81 to section 602(f) of Pub. L. 98–525, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]
[Amendment of this note by Pub. L. 99–661 effective Nov. 14, 1986, see section 1342(h)(1) of Pub. L. 99–661, set out as an Effective Date of 1986 Amendment note under section 301 of this title.]
Section 604(b) of Pub. L. 98–525 provided that: “The amendment made by subsection (a) [amending this section] shall apply only with respect to members making an election under section 403(b) of title 37, United States Code, after September 30, 1984.”
Section 907(b) of Pub. L. 98–94 provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to members called or ordered to active duty after September 30, 1983.”
Section 11(b)(2) of Pub. L. 97–22 provided that the amendment made by that section is effective Oct. 1, 1980.
Section 6(d) of Pub. L. 96–579 provided that: “The amendments made by this section [amending this section] shall only apply to payment of basic allowance for quarters for months after September 1980.”
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Section 4(b) of Pub. L. 96–343 provided that: “Paragraph (2) of section 403(a) of title 37, United States Code, as added by subsection (a), shall take effect on September 30, 1981.”
Amendment by Pub. L. 93–419 effective Sept. 19, 1974, see section 9 of Pub. L. 93–419, set out as an Effective Date note under section 1009 of this title.
Amendment by Pub. L. 93–64 effective July 1, 1973, see section 206 of Pub. L. 93–64, set out as a note under section 401 of this title.
Amendment by Pub. L. 92–129 effective Oct. 1, 1971, see section 209 of Pub. L. 92–129, set out as an Effective Date note under section 302a of this title.
Amendment by Pub. L. 90–207 effective Oct. 1, 1967, see section 7 of Pub. L. 90–207, set out as a note under section 203 of this title.
Amendment by Pub. L. 88–132 effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as a note under section 201 of this title.
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.
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.
Pub. L. 106–246, div. B, title I, §101(a), (b), July 13, 2000, 114 Stat. 528, provided that:
“(a)
“(b)
Pub. L. 105–85, div. A, title VI, §603(b), Nov. 18, 1997, 111 Stat. 1781, as amended by Pub. L. 106–398, §1 [[div. A], title VI, §605(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–148; Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465, provided that: “The Secretary of Defense shall develop and implement a plan to incrementally manage the rate of growth of the various components of the basic allowance for housing authorized by section 403 of title 37, United States Code (as amended by subsection (a)), during a transition period of not more than eight years. During the transition period, the Secretary may continue to use the authorities provided under sections 403, 403a, 475(b), and 427(a) of title 37, United States Code (as in effect on the day before the date of the enactment of this Act [Nov. 18, 1997]), but subject to such modifications as the Secretary considers necessary, to provide allowances for members of the uniformed services.”
[Amendment by Pub. L. 112–81 to section 603(b) of Pub. L. 105–85, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]
Section 602(b) of Pub. L. 102–190 provided that subsec. (m) of this section, as added by section 602(a) of Pub. L. 102–190, temporarily was not to apply with respect to a member of a uniformed service assigned to quarters of the United States or a housing facility under the jurisdiction of a uniformed service who, on the day before Dec. 5, 1991, was entitled to receive a basic allowance for quarters solely by reason of the member's payment of child support.
Section 310A of Pub. L. 102–25 provided that, during the period beginning on Aug. 2, 1990, and ending on the first day of the first month beginning on or after the date 180 days after the end of the Persian Gulf conflict, a member of a reserve component of the uniformed services without dependents who was called or ordered to active duty in connection with Operation Desert Storm was to be entitled to a basic allowance for quarters under this section if, because of the call or order, the member was unable to continue to occupy a residence maintained as the primary residence of the member at the time of the call or order, and owned by the member or for which the member was responsible for rental payments.
Pub. L. 100–456, div. A, title VI, §601(c), Sept. 29, 1988, 102 Stat. 1976, provided that the rates of basic allowance for quarters for members of the uniformed services were increased by 7 percent effective on Jan. 1, 1989, and authorized the President to allocate the increase among pay grades and dependency categories, and the Secretary of Defense to establish separate rates of basic allowance for quarters for commissioned officers credited with over four years of active service as enlisted members or warrant officers.
Pub. L. 99–190, §101(b) [title VIII, §8088], Dec. 19, 1985, 99 Stat. 1185, 1216, provided that effective Jan. 1, 1985, the rate of the basic allowance for quarters authorized by subsec. (a) of this section which was payable to a member of the uniformed services who was entitled to that allowance on Dec. 31, 1984, was not to be less than the rate of the basic allowance for quarters that was in effect for that member on Dec. 31, 1984, with certain exceptions.
Section 602(a) of Pub. L. 98–525, as amended by Pub. L. 99–661, div. A, title XIII, §1341(a), Nov. 14, 1986, 100 Stat. 3990, revised, effective Jan. 1, 1985, the rates of the basic allowance for quarters authorized by subsec. (a)(1) of this section and provided that, during the period beginning on Jan. 1, 1985, and ending on the effective date of a change made by law in the rates of basic allowance for quarters that increased the rates for such allowance to a level not less than 7 percent greater than the rates in effect on Jan. 1, 1985, the rate of the basic allowance for quarters authorized by subsec. (a)(1) of this section which was payable to a member of the uniformed services who was entitled to that allowance during such period and who was entitled to that allowance on Dec. 31, 1984, was not to be less than the rate of the basic allowance for quarters that was in effect for that member on Dec. 31, 1984, with certain exceptions.
Section 906 of Pub. L. 98–94, as amended by Pub. L. 98–525, title VI, §602(b)(2), Oct. 19, 1984, 98 Stat. 2534, provided that during the period beginning on Oct. 1, 1983, and ending on Jan. 1, 1985, the rates at which the variable housing allowance under subsec. (a)(2) of this section was paid was to be the same as the rates in effect on Sept. 30, 1983.
Section 4(c) of Pub. L. 96–343 provided that during fiscal year 1981, a member of a uniformed service entitled to basic allowance for quarters under this section could be paid a variable housing allowance whenever assigned to duty in an area of the United States (other than Alaska and Hawaii) which was a high housing cost area with respect to such member, and a member with dependents who was assigned to an unaccompanied tour of duty outside the United States could be paid a variable housing allowance while serving such tour of duty for any period during which the member's dependents resided in an area of the United States which would qualify the member to receive a variable housing allowance if assigned to duty in that area.
Amendment of this section by Pub. L. 92–129 not to reduce the pay to which any member of the uniformed services was entitled on June 30, 1971, see section 210 of Pub. L. 92–129, set out as a note under section 203 of this title.
Act Oct. 12, 1949, ch. 681, title III, §302(f), 63 Stat. 812, as amended by Pub. L. 87–531, §1, July 10, 1962, 76 Stat. 152, which had provided for increases in quarters allowances without amending subsec. (a) of this section through the device of effecting an amendment to section 302(f) of the Career Compensation Act of 1949, was repealed by section 75(5) of Pub. L. 89–718 except with respect to rights and duties that matured, penalties that were incurred, and proceedings that were begun before November 2, 1966. The substance of these quarters allowance increases were incorporated into the text of this section through the amendment of subsec. (a) of this section by Pub. L. 89–718.
Act Oct. 12, 1949, ch. 681, title III, 302(g), 63 Stat. 812, which provided that enlisted members without dependents shall be entitled to a basic allowance for quarters at the rate of $51.30 per month, was repealed by Pub. L. 87–531, §2, July 10, 1962, 76 Stat. 152. Laws effective after Jan. 9, 1962, that are inconsistent with Pub. L. 87–649, to be considered as superseding Pub. L. 87–649 to the extent of the inconsistency, see section 12(a) of Pub. L. 87–649, set out as a note preceding section 101 of this title.
Pub. L. 87–531, §5, July 10, 1962, 76 Stat. 153, provided that: “The Secretaries of the departments concerned shall have the same authority with respect to payments of quarters allowances to enlisted members of the uniformed services to pay grades E–4 (over 4 years’ service) through E–9 that they have with respect to enlisted members of the uniformed services in pay grades E–1, E–2, E–3, and E–4 (4 years’ or less service) under sections 10 and 11 of the Dependents Assistance Act of 1950 (50 App. U.S.C. 2210, 2211).”
Ex. Ord. No. 10204, Jan. 16, 1951, 16 F.R. 417, as amended by Ex. Ord. No. 11120, Oct. 2, 1963, 28 F.R. 10631; Ex. Ord. No. 11146, Mar. 13, 1964, 29 F.R. 3417, which related to regulations governing basic allowances for quarters, was revoked by Ex. Ord. No. 11157, June 22, 1964, 29 F.R. 7973, formerly set out as a note under section 301 of this title.
Section, added Pub. L. 98–525, title VI, §602(d)(1), Oct. 19, 1984, 98 Stat. 2534; amended Pub. L. 99–145, title VI, §§602(a)–(d), 604(b), Nov. 8, 1985, 99 Stat. 636–638; Pub. L. 100–26, §8(e)(8), Apr. 21, 1987, 101 Stat. 286; Pub. L. 101–189, div. A, title VI, §602(a), Nov. 29, 1989, 103 Stat. 1445; Pub. L. 101–510, div. A, title VI, §602, Nov. 5, 1990, 104 Stat. 1575; Pub. L. 102–25, title VII, §702(b)(1), (2), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§603, 604(b), 633, Dec. 5, 1991, 105 Stat. 1373, 1374, 1381; Pub. L. 103–160, div. A, title VI, §604, Nov. 30, 1993, 107 Stat. 1679; Pub. L. 104–106, div. A, title VI, §605(a)(1), (b), Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, §§604(d), 606(a)–(d), Sept. 23, 1996, 110 Stat. 2541, 2542, related to variable housing allowances.
Repeal effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as an Effective Date of 1997 Amendment note under section 5561 of Title 5, Government Organization and Employees.
(a)
(b)
(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 member's duty location or other circumstances; and
(B) it would be inequitable for the member's eligibility for the allowance to be determined on the basis of the duty location of the member.
(c)
(d)
(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 member's 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)
(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)
(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)
(h)
(i)
(1) The term “primary dependent”, with respect to a member, means—
(A) the member's 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 items–United 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. 103–337, div. A, title VI, §602(a)(1), Oct. 5, 1994, 108 Stat. 2779; amended Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 107–314, div. A, title VI, §654(b)(2), Dec. 2, 2002, 116 Stat. 2582.)
2002—Subsec. (i)(5)(B). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
Subsec. (i)(6). Pub. L. 107–314 struck out par. (6) which read as follows: “The term ‘continental United States’ means the 48 contiguous States and the District of Columbia.”
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
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.
Section 602(b) of Pub. L. 103–337 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.]
Section, added Pub. L. 100–180, div. A, title VI, §614(a)(1), Dec. 4, 1987, 101 Stat. 1093; amended Pub. L. 100–456, div. A, title VI, §624(a), Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101–189, 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.
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. 87–649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 100–180, div. A, title XIII, §1314(c)(1), Dec. 4, 1987, 101 Stat. 1176.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 413 | 10:142(d) (less applicability to basic pay). | [None.] |
1987—Pub. L. 100–180, in amending section generally, in section catchline inserted “and Vice Chairman”, and in text inserted “and Vice Chairman” and substituted “are” for “is”.
Section 1314(e)(2) of Pub. L. 100–180 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.”
(a)
(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, or Commandant of the Coast Guard.
(b)
(1) President of the Naval Postgraduate School—$400;
(2) Commandant of Midshipmen at the Naval Academy—$800;
(3) President of the Naval War College—$1,000;
(4) Superintendent of the Naval Academy—$5,200; and
(5) Director of Naval Intelligence—$5,200.
(c)
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 476; Pub. L. 89–718, §49(a)(2), Nov. 2, 1966, 80 Stat. 1121; Pub. L. 102–25, title VII, §702(b)(2), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–398, §1 [[div. A], title VI, §609(a), (b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–149; Pub. L. 108–375, div. A, title V, §557(a)(2), Oct. 28, 2004, 118 Stat. 1915; Pub. L. 109–148, div. A, title VIII, §8124(b), Dec. 30, 2005, 119 Stat. 2727; Pub. L. 109–163, div. A, title VI, §685(c), Jan. 6, 2006, 119 Stat. 3325; Pub. L. 109–364, div. A, title X, §1071(c)(7), Oct. 17, 2006, 120 Stat. 2401.)
| Revised section | Source (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. 85–422, §1(11), 72 Stat. 127; Sept. 14, 1961, Pub. L. 87–233, §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.
2006—Subsec. (c). Pub. L. 109–364 struck out before period at end “, or the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff”.
Pub. L. 109–163, §685(c)(2) inserted before period at end “, or the Senior Enlisted Advisor for the Chairman of the Joint Chiefs of Staff”.
Pub. L. 109–163, §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. 109–148. See below.
2005–Subsec. (c). Pub. L. 109–148 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. 108–375 substituted “President of the Naval Postgraduate School” for “Superintendent of the Naval Postgraduate School”.
2000—Subsec. (a). Pub. L. 106–398, §1 [[div. A], title VI, §609(b)(1)], inserted heading.
Subsec. (b). Pub. L. 106–398, §1 [[div. A], title VI, §609(b)(2)], inserted heading.
Subsec. (c). Pub. L. 106–398, §1 [[div. A], title VI, §609(a)], added subsec. (c).
1991—Subsec. (a)(3). Pub. L. 102–25 struck out “of this subsection” after “clause (1)”.
1966—Subsec. (a)(2). Pub. L. 89–718 struck out reference to service as the Director of the Coast and Geodetic Survey.
Pub. L. 106–398, §1 [[div. A], title VI, §609(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–149, provided that: “The amendments made by this section [amending this section] shall take effect on October 1, 2000.”
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.
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.
(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, §202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–444, §2(1), June 9, 1966, 80 Stat. 198; Pub. L. 89–718, §63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 90–83, §5(1), Sept. 11, 1967, 81 Stat. 221; Pub. L. 91–278, §3(3), June 12, 1970, 84 Stat. 306; Pub. L. 96–76, title III, §313(c), Sept. 29, 1979, 93 Stat. 586; Pub. L. 96–513, title IV, §412, Dec. 12, 1980, 94 Stat. 2905; Pub. L. 97–22, §10(c), July 10, 1981, 95 Stat. 137; Pub. L. 97–60, title I, §131(a), Oct. 14, 1981, 95 Stat. 1005; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 106–398, §1 [[div. A], title VI, §610(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 415(a) 415(b) 415(c) |
37:255(a) (less provisos). 37:255(a) (2d proviso). 37:255(a) (last proviso). |
Oct. 12, 1949, ch. 681, §305(a) (less 1st proviso); added Aug. 10, 1956, ch. 1041, §20(d) (1st par., less 1st proviso), 70A Stat. 628. |
| 415(d) | 42:214. | July 1, 1944, ch. 373, §213; restated Apr. 27, 1956, ch. 211, §2(a), 70 Stat. 116. |
| 415(e) | 37:256. | Oct. 12, 1949, ch. 681, §306; added Aug. 10, 1956, ch. 1041, §20(d) (last par.), 70A Stat. 629. |
| [Uncodified.] | Aug. 7, 1947, ch. 512, §302(f), 61 Stat. 830. |
In subsection (a), the words “Subject to subsections (b) and (c) of this section,” are inserted for clarity. The words “of an armed force” are inserted, since the source section, as originally enacted, did not apply to the Public Health Service or the Coast and Geodetic Survey. (See section 243 of the Armed Forces Reserve Act of 1952 (66 Stat. 492).) The words “of the Army, or the Air Force, without specification of component” are inserted to reflect the definition of “reserve component” in section 102(k) of the source statute. That definition is executed throughout this revised title. For that reason, the words “but not as a member of the Army without specification of component or the Air Force without specification of component, in section 255(a)(2) of existing title 37”, are omitted, and since those categories are excluded by the words “member of a reserve component”. The words “of a reserve component”, in section 255(a)(3) of existing title 37, are omitted, since the Ready Reserve cannot be in anything other than a reserve component.
In subsection (b), the words “heretofore or hereafter” are omitted as surplusage.
In subsection (c), the words “An officer” are substituted for the words “any individual”, since the revised section applies only to officers.
In subsection (d), the words “who is in pay grade O–1, O–2, or O–3” are substituted for the words “is receiving the pay of the junior assistant, assistant, or senior assistant grade” to reflect current terminology. (See chapter 3 of this revised title.) The last sentence is substituted for section 214 (words following semicolon) of title 14.
In subsection (e), the words “as a temporary officer” are inserted for clarity. The words “5596 or” are substituted for section 302(f) of the Act of August 7, 1947, cited above.
2000—Subsec. (a). Pub. L. 106–398 substituted “$400” for “$200” in introductory provisions.
1991—Subsecs. (a), (b). Pub. L. 102–25 struck out “of this section”.
1981—Subsec. (a). Pub. L. 97–22 substituted “subsection (b) of this section” for “subsections (b) and (c) of this section”.
Subsec. (a)(4). Pub. L. 97–60 added par. (4).
1980—Subsec. (a). Pub. L. 96–513, §412(1), (2), substituted “an officer of an armed force is entitled” for “a reserve officer of an armed force, an officer of the Army or the Air Force without specification of component, or a regular officer of an armed force appointed under section 2106 or 2107 of title 10 is entitled”.
Subsecs. (c), (d). Pub. L. 96–513, §412(3), (4), redesignated subsec. (d) as (c). Former subsec. (c), relating to limitations on qualifications for initial allowances by certain officers, was struck out.
Subsec. (e). Pub. L. 96–513, §412(3), struck out subsec. (e) relating to uniform allowances for temporary officers or warrant officers.
1979—Subsec. (d). Pub. L. 96–76 in cl. (1) inserted provisions for applicability to officers on inactive duty training status, and struck out cl. (3) setting forth applicability to officers entitled to basic pay of pay grade O–1, O–2, or O–3.
1970—Subsec. (e). Pub. L. 91–278 provided for entitlement to uniform allowance of enlisted member appointed a warrant officer under section 213 of title 14.
1967—Subsec. (d)(3). Pub. L. 90–83 substituted “entitled to the basic pay” for “is entitled to the basic pay”.
1966—Subsec. (a). Pub. L. 89–718 struck out “, United States Code,” after “title 10”.
Subsec. (e). Pub. L. 89–444 substituted “section 214 of title 14” for “section 435 of title 14”.
1964—Subsec. (a). Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.
Pub. L. 106–398, §1 [[div. A], title VI, §610(c)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150, provided that: “The amendments made by this section [amending this section and section 416 of this title] shall take effect on October 1, 2000.”
Section 10(c) of Pub. L. 97–22 provided that the amendment made by that section is effective Sept. 15, 1981.
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.
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.
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.
(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, 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. 87–649, Sept. 7, 1962, 76 Stat. 477; Pub. L. 88–624, §1, Oct. 3, 1964, 78 Stat. 1002; Pub. L. 88–647, title II, §202(3), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, §63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 96–513, title V, §516(13), Dec. 12, 1980, 94 Stat. 2938; Pub. L. 101–189, div. A, title VI, §663(a), Nov. 29, 1989, 103 Stat. 1465; Pub. L. 106–398, §1 [[div. A], title VI, §610(b)], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–107, div. A, title VI, §606(a), Dec. 28, 2001, 115 Stat. 1134.)
| Revised section | Source (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. 85–861, §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.
2001—Subsec. (b)(1). Pub. L. 107–107 substituted “$400” for “$200”.
2000—Subsec. (a). Pub. L. 106–398 substituted “$200” for “$100”.
1989—Subsec. (a). Pub. L. 101–189 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. 101–189 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. 96–513 substituted “additional allowances” for “additional allowance” in section catchline.
1966—Subsec. (b). Pub. L. 89–718 struck out “, United States Code,” after “title 10”.
1964—Subsec. (a). Pub. L. 88–624 substituted “in one or more reserve components” for “in a reserve component” and “section 1332(a)(2)” for “section 1332”.
Subsec. (b). Pub. L. 88–647 included a regular officer of an armed force appointed under section 2106 or 2107 of title 10.
Pub. L. 107–107, 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.”
Amendment by Pub. L. 106–398 effective Oct. 1, 2000, see section 1 [[div. A], title VI, §610(c)] of Pub. L. 106–398, set out as a note under section 415 of this title.
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of Title 10, Armed Forces.
Section 663(b) of Pub. L. 101–189 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.”
Section 2 of Pub. L. 88–624 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].”
(a) Subject to standards, policies, and procedures prescribed by the Secretary of Defense, the Secretary of each military department may prescribe regulations that he considers necessary to carry out sections 415(a)–(c) and 416 of this title within his department. The Secretary of Homeland Security, with the concurrence of the Secretary of the Navy, may prescribe regulations that he considers necessary to carry out those sections for the Coast Guard when it is not operating as a service in the Navy. As far as practicable, regulations for all reserve components shall be uniform.
(b) Under regulations approved by the Secretary of Defense, or by the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, and subject to section 415(a)–(c) or 416 of this title, a reserve officer of an armed force who has received a uniform and equipment allowance under section 415(a)–(c) or 416 of this title, may if a different uniform is required, be paid a uniform and equipment reimbursement upon transfer to, or appointment in, another reserve component.
(c) For the purposes of sections 415(a)–(c) and 416 of this title and subsections (a) and (b), an officer may count only that duty for which he is required to wear a uniform.
(d)(1) For purposes of sections 415 and 416 of this title, a period for which an officer of an armed force, while employed as a National Guard technician, is required to wear a uniform under section 709(b) of title 32 shall be treated as a period of active duty (other than for training).
(2) A uniform allowance may not be paid, and uniforms may not be furnished, to an officer under section 1593 of title 10 or section 5901 of title 5 for a period of employment referred to in paragraph (1) for which an officer is paid a uniform allowance under section 415 or 416 of this title.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 90–623, §3(1), Oct. 22, 1968, 82 Stat. 1314; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 104–106, div. A, title X, §1038(b), Feb. 10, 1996, 110 Stat. 432; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314.)
| Revised section | Source (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.)
2002—Subsecs. (a), (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
1996—Subsec. (d). Pub. L. 104–106 added subsec. (d).
1991—Subsec. (c). Pub. L. 102–25 struck out “of this section” after “subsections (a) and (b)”.
1968—Subsecs. (a), (b). Pub. L. 90–623 substituted “Secretary of Transportation” for “Secretary of the Treasury”.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Amendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of Title 5, Government Organization and Employees.
(a) The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.
(b) In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the Secretary of Defense shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform.
(c) A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 or section 5901 of title 5 to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section.
(Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 478; Pub. L. 104–106, div. A, title X, §1038(c), Feb. 10, 1996, 110 Stat. 432; Pub. L. 104–201, div. A, title VI, §654, Sept. 23, 1996, 110 Stat. 2583; Pub. L. 106–398, §1 [[div. A], title VI, §611], Oct. 30, 2000, 114 Stat. 1654, 1654A–150; Pub. L. 107–296, title XVII, §1704(c), Nov. 25, 2002, 116 Stat. 2314.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 418 | 37:305. | 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.
2002—Subsec. (a). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.
2000—Subsec. (a). Pub. L. 106–398, §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. 106–398, §1 [[div. A], title VI, §611(2)], substituted “the Secretary of Defense” for “the President”.
1996—Pub. L. 104–106 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).
Subsec. (c). Pub. L. 104–201 substituted “for which clothing is furnished or a uniform allowance is paid under this section” for “for which a uniform allowance is paid under section 415 or 416 of this title”.
Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of Title 10, Armed Forces.
Ex. Ord. No. 10113, 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.”
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 officer's 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. 100–180, div. A, title VI, §611(a)(1)(B), Dec. 4, 1987, 101 Stat. 1093; amended Pub. L. 100–456, div. A, title VI, §625, Sept. 29, 1988, 102 Stat. 1984; Pub. L. 101–189, div. A, title VI, §653(c)(2), Nov. 29, 1989, 103 Stat. 1462.)
A prior section 419 was renumbered section 420 of this title.
1989—Pub. L. 101–189 substituted “an officer” for “a officer” in two places and struck out “to” after “may be paid”.
1988—Pub. L. 100–456 substituted “officer” for “member” in three places, “may be paid” for “is entitled”, and “officer's” for “member's”.
Section 611(b) of Pub. L. 100–180 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.”
(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 sections 474–481 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. 87–649, Sept. 7, 1962, 76 Stat. 478, §419; Pub. L. 89–718, §64, Nov. 2, 1966, 80 Stat. 1123; renumbered §420, Pub. L. 100–180, div. A, title VI, §611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093; Pub. L. 105–85, div. A, title VI, §603(d)(1)(C), Nov. 18, 1997, 111 Stat. 1782; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465.)
| Revised section | Source (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. 85–861, §11, 72 Stat. 1556. |
Section 631(f)(4)(A) of Pub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) of section 631, to reflect the probable intent of Congress.
A prior section 420 was renumbered section 421 of this title.
2011—Subsec. (b). Pub. L. 112–81 substituted “474–481” for “404–411”. See Codification note above.
1997—Subsec. (c). Pub. L. 105–85 substituted “housing” for “quarters”.
1966—Pub. L. 89–718 substituted “section 717 of title 10” for “section 716 of title 10” wherever appearing.
Amendment by Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
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. 87–649, Sept. 7, 1962, 76 Stat. 479, §420; renumbered §421, Pub. L. 100–180, div. A, title VI, §611(a)(1)(A), Dec. 4, 1987, 101 Stat. 1093.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 420 | 37:231(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”.
A prior section 421, Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88–132, §3(b), Oct. 2, 1963, 77 Stat. 212, provided for pay and allowances of contract surgeons, prior to repeal by Pub. L. 98–94, title IX, §932(e)(1), Sept. 24, 1983, 97 Stat. 650, eff. Oct. 1, 1983. See section 1091 of Title 10, Armed Forces.
(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 480 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. 87–649, Sept. 7, 1962, 76 Stat. 479; Pub. L. 88–647, title II, §202(4), Oct. 13, 1964, 78 Stat. 1070; Pub. L. 89–718, §63, Nov. 2, 1966, 80 Stat. 1123; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465.)
| Revised section | Source (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.
Section 631(f)(4)(A) of Pub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) of section 631, to reflect the probable intent of Congress.
2011—Subsec. (a). Pub. L. 112–81 substituted “480” for “410”. See Codification note above.
1966—Subsec. (c). Pub. L. 89–718 struck out “, United States Code,” after “title 10”.
1964—Subsec. (c). Pub. L. 88–647, §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. 88–647, §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.
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.
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. 87–649, Sept. 7, 1962, 76 Stat. 479.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 423 | 37:303. | 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”.
The 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. 87–649, 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. 87–649, 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.
(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 6222 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, W–1.
(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. 87–649, Sept. 7, 1962, 76 Stat. 480; Pub. L. 89–189, §3, Sept. 17, 1965, 79 Stat. 820; Pub. L. 95–551, §3(b)(2), Oct. 30, 1978, 92 Stat. 2069.)
| Revised section | Source (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.] |
1978—Subsecs. (b) to (f). Pub. L. 95–551 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. 89–189 added subsec. (f).
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.
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. 87–649, Sept. 7, 1962, 76 Stat. 480.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 425 | 10:6224. | [None.] |
The words “do not forfeit” are substituted for the words “lose no” for clarity.
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.
Section, Pub. L. 87–649, 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.
(a)
(A) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 476 of this title and his dependents do not reside at or near that station;
(B) he is on duty on board a ship away from the home port of the ship for a continuous period of more than 30 days; or
(C) he is on temporary duty away from his permanent station for a continuous period of more than 30 days and his dependents do not reside at or near his temporary duty station.
(2) A member who becomes entitled to an allowance under this subsection by virtue of duty prescribed in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the earlier of—
(A) the first day of that period; or
(B) the first day the member ceased being entitled to a previous allowance under this subsection by reason of the end of duty prescribed in such subparagraphs, if the member ceased being entitled to the previous allowance within 30 days before the first day of that period.
(b)
(c)
(2) The prohibition in the first sentence of paragraph (1) does not apply to a member who elects to serve an unaccompanied tour of duty because a dependent cannot accompany the member to or at that permanent station for certified medical reasons.
(3) The Secretary concerned may waive paragraph (1) in situations in which it would be inequitable to deny the allowance to the member because of unusual family or operational circumstances.
(d)
(2) If a married couple, both of whom are members of the uniformed services, with dependents are simultaneously assigned to duties described in subparagraph (A), (B), or (C) of subsection (a)(1) and the members resided together with their dependents immediately before their assignments, the Secretary concerned shall pay each of the members the full amount of the monthly allowance specified in such subsection until one of the members is no longer assigned to duties described in such subparagraphs. Upon expiration of the additional allowance, paragraph (1) shall continue to apply to the remaining member so long as the member is assigned to duties described in subparagraph (A), (B), or (C) of such subsection.
(3) Section 421 of this title does not apply to bar the entitlement to an allowance under this section. Except as provided in paragraph (2), not more than one monthly allowance may be paid with respect to a married couple under this section.
(Added Pub. L. 88–132, §11(1), Oct. 2, 1963, 77 Stat. 217; amended Pub. L. 91–529, §1, Dec. 3, 1970, 84 Stat. 1389; Pub. L. 91–533, §1, Dec. 7, 1970, 84 Stat. 1392; Pub. L. 96–342, title VIII, §809(a), Sept. 8, 1980, 94 Stat. 1097; Pub. L. 99–145, title VI, §607(a), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99–661, div. A, title VI, §618(a), Nov. 14, 1986, 100 Stat. 3880; Pub. L. 102–25, title VII, §702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; Pub. L. 102–190, div. A, title VI, §§611(b), 625, Dec. 5, 1991, 105 Stat. 1376, 1379; Pub. L. 103–337, div. A, title VI, §625(a), Oct. 5, 1994, 108 Stat. 2785; Pub. L. 104–106, div. A, title VI, §606, Feb. 10, 1996, 110 Stat. 358; Pub. L. 104–201, div. A, title VI, §607, Sept. 23, 1996, 110 Stat. 2542; Pub. L. 105–85, div. A, title VI, §§603(c)(3), 626, Nov. 18, 1997, 111 Stat. 1781, 1795; Pub. L. 107–107, div. A, title VI, §607(a), Dec. 28, 2001, 115 Stat. 1134; Pub. L. 108–11, title I, §1316(b), (c)(2), Apr. 16, 2003, 117 Stat. 570; Pub. L. 108–136, div. A, title VI, §§606, 618(d)(2), Nov. 24, 2003, 117 Stat. 1500, 1504; Pub. L. 108–375, div. A, title VI, §623(b), Oct. 28, 2004, 118 Stat. 1955; Pub. L. 110–417, [div. A], title VI, §604(a), Oct. 14, 2008, 122 Stat. 4483; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465.)
Section 631(f)(4)(A) of Pub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) of section 631, to reflect the probable intent of Congress.
2011—Subsecs. (a)(1)(A), (c)(1). Pub. L. 112–81 substituted “476” for “406”. See Codification note above.
2008—Subsec. (d). Pub. L. 110–417 designated first sentence of existing provisions as par. (1), designated last two sentences of existing provisions as par. (3) and substituted “Except as provided in paragraph (2)” for “However”, and added par. (2).
2004—Subsec. (a)(1). Pub. L. 108–375, §623(b)(2)(A), substituted “$250” for “$100”.
Subsec. (e). Pub. L. 108–375, §623(b)(2)(B), struck out heading and text of subsec. (e). Text read as follows: “For the period beginning on October 1, 2003, and ending on December 31, 2005, the monthly allowance authorized by subsection (a)(1) shall be increased to $250.”
Pub. L. 108–375, §623(b)(1), substituted “December 31, 2005” for “December 31, 2004”.
2003—Subsec. (a)(1). Pub. L. 108–11, §1316(b), (c), as amended by Pub. L. 108–136, §618(d)(2), temporarily substituted “$250” for “$100”. See Effective and Termination Dates of 2003 Amendments note below.
Subsec. (e). Pub. L. 108–136, §606, added subsec. (e).
2001—Subsec. (c). Pub. L. 107–107 designated first sentence of existing provisions as par. (1) and substituted “Except as provided in paragraph (2) or (3), a member” for “A member”, added par. (2), and designated second sentence of existing provisions as par. (3) and substituted “The Secretary concerned may waive paragraph (1)” for “The Secretary concerned may waive the preceding sentence”.
1997—Subsec. (a). Pub. L. 105–85, §603(c)(3)(B)(i), redesignated subsec. (b)(1), (2) as subsec. (a)(1), (2), respectively, and inserted subsec. heading.
Pub. L. 105–85, §603(c)(3)(A), struck out heading and text of subsec. (a). Text read as follows: “In addition to any allowance or per diem to which he otherwise may be entitled under this title, a member of a uniformed service with dependents who is on permanent duty outside of the United States, or in Alaska, is entitled to a monthly allowance equal to the basic allowance for quarters payable to a member without dependents in the same pay grade if—
“(1) the movement of his dependents to his permanent station or a place near that station is not authorized at the expense of the United States under section 406 of this title and his dependents do not reside at or near that station; and
“(2) quarters of the United States or a housing facility under the jurisdiction of a uniformed service are not available for assignment to him.”
Subsec. (a)(1). Pub. L. 105–85, §626, substituted “$100” for “$75” in introductory provisions.
Pub. L. 105–85, §603(c)(3)(B)(ii), struck out “, including subsection (a),” after “under this title” in introductory provisions, inserted “or” at end of subpar. (B), substituted “station.” for “station; or” at end of subpar. (C), and struck out subpar. (D) which read as follows: “the member is married to a member of a uniformed service, the member has no dependent other than the spouse, the two members are separated by reason of the execution of military orders, and the two members were residing together immediately before being separated by reason of execution of military orders.”
Subsec. (b). Pub. L. 105–85, §603(c)(3)(B)(iii), redesignated subsec. (b)(3) as subsec. (b), inserted heading, and substituted “subsection (a)” for “this subsection”. Former subsec. (b)(1), (2), and (4) redesignated subsecs. (a)(1), (2), and (c), respectively.
Subsec. (b)(5). Pub. L. 105–85, §603(c)(3)(B)(v), struck out par. (5) which read as follows: “Section 421 of this title does not apply to bar an entitlement to an allowance under paragraph (1)(D). However, not more than one monthly allowance may be paid with respect to a married couple under paragraph (1)(D) for any month.”
Subsec. (c). Pub. L. 105–85, §603(c)(3)(B)(iv), redesignated subsec. (b)(4) as subsec. (c), inserted heading, and substituted “subsection (a)(1)(A)” for “paragraph (1)(A) of this subsection”.
Subsec. (d). Pub. L. 105–85, §603(c)(3)(B)(v), added subsec. (d).
1996—Subsec. (b)(1)(D). Pub. L. 104–201, §607(a), added subpar. (D).
Subsec. (b)(4). Pub. L. 104–106 inserted “paragraph (1)(A) of” after “not entitled to an allowance under”.
Subsec. (b)(5). Pub. L. 104–201, §607(b), added par. (5).
1994—Subsec. (b)(2). Pub. L. 103–337, §625(a)(3), added par. (2). Former par. (2) redesignated (3).
Pub. L. 103–337, §625(a)(1), struck out at beginning “A member who becomes entitled to an allowance under this subsection by virtue of duty described in subparagraph (B) or (C) of paragraph (1) for a continuous period of more than 30 days is entitled to the allowance effective as of the first day of that period.”
Subsec. (b)(3), (4). Pub. L. 103–337, §625(a)(2), redesignated pars. (2) and (3) as (3) and (4), respectively.
1991—Subsec. (a). Pub. L. 102–190, §625(b)(1), inserted heading.
Subsec. (b). Pub. L. 102–190, §625(b)(2), inserted heading.
Subsec. (b)(1). Pub. L. 102–190, §625(a), substituted “$75” for “$60”.
Pub. L. 102–190, §611(b), substituted “In” for “Except in time of war or of national emergency hereafter declared by Congress, and in”.
Pub. L. 102–25 struck out “of this section” after “subsection (a)”.
1986—Subsec. (b). Pub. L. 99–661, §618(a), designated existing provisions as pars. (1) and (2), in par. (1) redesignated former pars. (1) to (3) as subpars. (A) to (C), respectively, and in par. (2) substituted “subparagraph (B) or (C) of paragraph (1)” for “clause (2) or (3)”, and added par. (3).
1985—Subsec. (b). Pub. L. 99–145 substituted “$60” for “$30”.
1980—Subsec. (b). Pub. L. 96–342 struck out “(other than a member in pay grade E–1, E–2, E–3, or E–4 (4 years’ or less service))” after “a member of a uniformed service with dependents”.
1970—Subsec. (b). Pub. L. 91–533 struck out “who is entitled to a basic allowance for quarters” after “(4 years’ or less service)”.
Pub. L. 91–529 inserted provisions authorizing payment of an allowance under this subsection even though the member does not maintain for his primary dependents who would otherwise normally reside with him, a residence or household, subject to his management or control, which he is likely to share with them as a common household when his duty assignment permits.
Pub. L. 110–417, [div. A], title VI, §604(b), Oct. 14, 2008, 122 Stat. 4483, as amended by Pub. L. 111–383, div. A, title X, §1075(e)(9), Jan. 7, 2011, 124 Stat. 4375, provided that: “Paragraph (2) of subsection (d) of section 427 of title 37, United States Code, as added by subsection (a), shall apply with respect to members of the uniformed services described in such paragraph who perform service covered by subparagraph (A), (B), or (C) of subsection (a)(1) of such section on or after October 1, 2008.”
Pub. L. 108–375, div. A, title VI, §623(b)(2), Oct. 28, 2004, 118 Stat. 1955, provided that the amendments made by section 623(b)(2) are effective Jan. 1, 2006.
Pub. L. 108–136, div. A, title VI, §618(d)(2), Nov. 24, 2003, 117 Stat. 1504, provided that the amendment made by section 618(d)(2) is effective Apr. 16, 2003.
Amendment by Pub. L. 108–11 effective Oct. 1, 2002, and applicable with respect to months beginning on or after that date, and expires Sept. 30, 2003, and, effective Sept. 30, 2003, the dollar amount specified in subsec. (a)(1) of this section as in effect on the day before Apr. 16, 2003, is revived, see section 1316(c), (d) of Pub. L. 108–11, set out as notes under section 310 of this title.
Pub. L. 107–107, div. A, title VI, §607(b), Dec. 28, 2001, 115 Stat. 1135, provided that: “Paragraph (2) of section 427(c) of title 37, United States Code, as added by subsection (a)(3), shall apply with respect to pay periods beginning on or after January 1, 2002, for a member of the uniformed services covered by such paragraph regardless of the date on which the member first made the election to serve an unaccompanied tour of duty.”
Amendment by section 603(c)(3) of Pub. L. 105–85 effective Jan. 1, 1998, see section 603(e) of Pub. L. 105–85, set out as a note under section 5561 of Title 5, Government Organization and Employees.
Section 625(b) of Pub. L. 103–337 provided that: “The amendments made by subsection (a) [amending this section] shall take effect as of June 20, 1994.”
Section 607(b) of Pub. L. 99–145 provided that: “The amendment made by subsection (a) [amending this section] shall take effect on October 1, 1985, and shall apply only to family separation allowances payable for months beginning on or after that date.”
Section 809(b) of Pub. L. 96–342 provided that: “The amendment made by subsection (a) [amending this section] shall take effect with respect to months after September 1980.”
Section 2 of Pub. L. 91–533 provided that: “The amendment made by this Act [amending this section] shall take effect on the first day of the first calendar month which occurs after the date of the enactment of this Act [Dec. 7, 1970].”
Section 2 of Pub. L. 91–529 provided that: “Section 1 of this Act [amending this section] is effective October 1, 1963.”
Section effective Oct. 1, 1963, see section 14 of Pub. L. 88–132, set out as an Effective Date of 1963 Amendment note under section 201 of this title.
Pub. L. 99–661, div. A, title VI, §618(b), Nov. 14, 1986, 100 Stat. 3881, as amended by Pub. L. 112–81, div. A, title VI, §631(f)(4)(B), Dec. 31, 2011, 125 Stat. 1465, provided that: “Notwithstanding the amendments made by subsection (a) [amending this section], a member who on September 30, 1986, was assigned to a permanent station to which the movement of his dependents was authorized at the expense of the United States under section 476 of title 37, United States Code, and who elected to serve a tour of duty at that station unaccompanied by his dependents, shall, until he departs that station as a result of a change of permanent station, be entitled to receive the allowance authorized by section 427(b) of such title without regard to paragraph (3) [now (4)] of such section, as added by subsection (a).”
[Amendment by Pub. L. 112–81 to section 618(b) of Pub. L. 99–661, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]
Rates of pay authorized under subsec. (a)(1) of this section from Oct. 1, 2003, through Sept. 30, 2004, to be $250, see section 1104 of Pub. L. 108–106, set out as a note under section 310 of this title.
Section 302 of Pub. L. 102–25 provided that:
“(a)
“(b)
Pub. L. 91–534, Dec. 7, 1970, 84 Stat. 1392, provided: “That, under regulations to be prescribed by the Secretary of Defense, a member of a uniformed service with dependents who is in a missing status (as defined in section 551(2) of title 37 United States Code) during the Vietnam conflict and is not entitled to an allowance under section 427(b) of title 37 may be paid a monthly allowance equal to $30. For the purposes of this Act, the Vietnam conflict ends on the date designated by the President by Executive order as the date of the termination of combat activities in Vietnam.
“
Section 431 now appears following section 490 of this title pursuant to Pub. L. 112–81, div. A, title VI, §631(d)(2), Dec. 31, 2011, 125 Stat. 1460, which directed the transfer of this section to chapter 8 of this title so as to appear after section 490 but did not direct the renumbering of this section as 491.
(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 474(d)(2)(A) 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. 101–189, div. A, title V, §502(b)(1), Nov. 29, 1989, 103 Stat. 1436; amended Pub. L. 101–510, div. A, title XIV, §1484(h)(5), Nov. 5, 1990, 104 Stat. 1718; Pub. L. 104–106, div. A, title XV, §1501(d)(4)(B), Feb. 10, 1996, 110 Stat. 501; Pub. L. 105–85, div. A, title VI, §627, Nov. 18, 1997, 111 Stat. 1795; Pub. L. 112–81, div. A, title VI, §631(f)(4)(A), Dec. 31, 2011, 125 Stat. 1465.)
Section 631(f)(4)(A) of Pub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) of section 631, to reflect the probable intent of Congress.
2011—Subsec. (b). Pub. L. 112–81 substituted “474” for “404”. See Codification note above.
1997—Subsec. (c). Pub. L. 105–85 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. 104–106 substituted “section 12319 of title 10” for “section 687 of title 10”.
1990—Subsec. (a). Pub. L. 101–510 substituted “section 687 of title 10” for “section 691 of title 10”.
Amendment by Pub. L. 104–106 effective as if included in the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337, as enacted on Oct. 5, 1994, see section 1501(f)(3) of Pub. L. 104–106, set out as a note under section 113 of Title 10, Armed Forces.
Section 1484(h)(5) of Pub. L. 101–510 provided that the amendment made by that section is effective as of Nov. 29, 1989.
(a)
(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)
(c)
(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. 110–181, div. A, title VI, §633(a)(1), Jan. 28, 2008, 122 Stat. 154.)
(a)
(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 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)
(c)
(d)
(e)
(f)
(g)
(h)
(Added Pub. L. 106–65, div. A, title V, §586(b), Oct. 5, 1999, 113 Stat. 638, §435; renumbered §436 and amended Pub. L. 106–398, §1 [[div. A], title V, §574(c), title X, §1087(b)(4)], Oct. 30, 2000, 114 Stat. 1654, 1654A–137, 1654A–292; Pub. L. 107–107, div. A, title V, §592(a), Dec. 28, 2001, 115 Stat. 1125; Pub. L. 108–136, div. A, title V, §541(b)(1)–(5)(A), Nov. 24, 2003, 117 Stat. 1476, 1477; Pub. L. 112–81, div. A, title V, §530(a), Dec. 31, 2011, 125 Stat. 1403.)
2011—Subsec. (a). Pub. L. 112–81 substituted “may pay” for “shall pay” in introductory provisions.
2003—Pub. L. 108–136, §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. 108–136, §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 Secretary's 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. 108–136, §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. 108–136, §541(b)(4)(A), struck out “per diem” before “allowance”.
Subsec. (e). Pub. L. 108–136, §541(b)(4)(B), substituted “allowance” for “per diem” after “high-deployment”.
Subsec. (f). Pub. L. 108–136, §541(b)(4)(C), substituted “allowance” for “per diem” and “month during which” for “day on which”.
Subsecs. (g), (h). Pub. L. 108–136, §541(b)(3), added subsecs. (g) and (h).
2001—Subsec. (a). Pub. L. 107–107 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. 106–398, §1 [[div. A], title X, §1087(b)(4)], renumbered section 435 of this title as this section.
Subsec. (a). Pub. L. 106–398, §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. 106–398, §1 [[div. A], title V, §574(c)(2)], substituted “prescribed under paragraph (4)” for “prescribed under paragraph (3)”.
Pub. L. 112–81, 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].”
Pub. L. 106–65, 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.”
(a)
(b)
(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. 109–163, div. A, title VI, §613(a), Jan. 6, 2006, 119 Stat. 3291; amended Pub. L. 109–364, div. A, title VI, §606(a)–(c), Oct. 17, 2006, 120 Stat. 2246; Pub. L. 110–181, div. A, title X, §1063(c)(5), Jan. 28, 2008, 122 Stat. 322.)
2008—Subsec. (a). Pub. L. 110–181 made technical correction to directory language of Pub. L. 109–364, §606(b)(1)(A). See 2006 Amendment note below.
2006—Pub. L. 109–364, §606(c), struck out “portion of” before “monthly premium” in section catchline.
Subsec. (a). Pub. L. 109–364, §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. 109–364, §606(b)(1)(A), as amended by Pub. L. 110–181, struck out “(1)” before “In the case of”.
Subsec. (a)(1). Pub. L. 109–364, §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. 109–364, §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.”
Pub. L. 110–181, 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. 109–364 as enacted.
Pub. L. 109–364, 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.”
Pub. L. 109–163, 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.”
(a)
(b)
(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)
(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)
(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)
(f)
(g)
(Added Pub. L. 110–417, [div. A], title VII, §714(a), Oct. 14, 2008, 122 Stat. 4504.)
(a)
(b)
(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)
(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)
(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)
(f)
(2) The Secretary of Defense shall ensure that a member eligible to receive special monthly compensation under this section is aware that the member's 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)
(1) personal or mechanical assistance to leave home or bed; or
(2) constant supervision to avoid physical harm to self or others.
(h)
(Added Pub. L. 111–84, div. A, title VI, §603(a), Oct. 28, 2009, 123 Stat. 2348; amended Pub. L. 111–383, div. A, title VI, §634, Jan. 7, 2011, 124 Stat. 4241.)
2011—Subsec. (c). Pub. L. 111–383 amended subsec. (c) generally. Prior to amendment, subsec. (c) related to the amount of monthly special compensation payable to a member under subsec. (a).