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37 U.S.C. § 418Clothing allowance: enlisted members

submitted 64 years ago by Pub. L. 87-649 to r/title-37-PAY-AND-ALLOWANCES-OF-THE-UNIFORMED-SERVICES · 557 words · no verdicts yet

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This section lets defense officials set clothing and cash allowances for enlisted members. National Guard technicians' uniform needs count toward their allowance decisions too. The section also requires the military to directly furnish athletic footwear to new members, with limited exceptions.

(a) The Secretary of Defense, and the Secretary of Homeland Security for the Coast Guard when it is not part of the Navy, may decide what quantity and kind of clothing to give each year to an enlisted member of the armed forces or National Guard. If clothing is not furnished, they may instead set a cash allowance to pay that member. (b) When deciding the clothing or allowances for National Guard technicians under section 709 of title 32, the Secretary of Defense must consider that those technicians are required to wear a uniform under subsection (b) of that section. (c) A person covered by subsection (b) cannot also get a uniform allowance or uniforms under section 1593 of title 10 or section 5901 of title 5, for any period when they already get clothing or a uniform allowance under this section. (d) (1) When members of the Army, Navy, Air Force, Marine Corps, or Space Force need athletic footwear on first entering the armed forces, the Secretary of Defense must give them the footwear directly instead of paying a cash allowance for them to buy it. (2) In buying that footwear, the Secretary of Defense must (A) buy footwear that meets the requirements of section 4862 of title 10, without regard to any simplified acquisition threshold under chapter 137's legacy provisions or any other law, and (B) for two years after the National Defense Authorization Act for Fiscal Year 2017 became law, buy extra athletic footwear so new members have enough choices to reduce athletic injuries and other unnecessary risks during initial training. (3) This subsection does not stop the Secretary from giving a member a cash allowance to buy athletic footwear instead, if that footwear is medically required for the member's specific physical needs and no footwear meeting this subsection's requirements can meet those needs. (4) This subsection does not apply to furnishing athletic footwear to new members of the Army, Navy, Air Force, Marine Corps, or Space Force — and does not stop giving them a cash allowance instead — if the Secretary of Defense decides that following paragraph (2) would mean only one certified supplier could provide the footwear, making it a sole-source contract. (5) The Secretary of Defense must make sure every athletic footwear purchase under this subsection uses firm fixed-price contracts.
the actual law source: uscode.house.gov ↗public domain
(a)

The Secretary of Defense and the Secretary of Homeland Security, with respect to the Coast Guard when it is not operating as a service in the Navy, may prescribe the quantity and kind of clothing to be furnished annually to an enlisted member of the armed forces or the National Guard, and may prescribe the amount of a cash allowance to be paid to such a member if clothing is not so furnished to him.

(b)

In determining the quantity and kind of clothing or allowances to be furnished pursuant to regulations prescribed under this section to persons employed as National Guard technicians under section 709 of title 32, the Secretary of Defense shall take into account the requirement under subsection (b) of such section for such persons to wear a uniform.

(c)

A uniform allowance may not be paid, and uniforms may not be furnished, under section 1593 of title 10 or section 5901 of title 5 to a person referred to in subsection (b) for a period of employment referred to in that subsection for which clothing is furnished or a uniform allowance is paid under this section.

(d)
(1)

In the case of athletic footwear needed by members of the Army, Navy, Air Force, Marine Corps, or Space Force upon their initial entry into the armed forces, the Secretary of Defense shall furnish such footwear directly to the members instead of providing a cash allowance to the members for the purchase of such footwear.

(2)

In procuring athletic footwear to comply with paragraph (1), the Secretary of Defense shall—

(A)

procure athletic footwear that complies with the requirements of section 4862 of title 10, without regard to the applicability of any simplified acquisition threshold under chapter 137 legacy provisions (as such term is defined in section 3016 of title 10) (or any other provision of law); and

(B)

procure additional athletic footwear, for two years following the date of the enactment of the National Defense Authorization Act for Fiscal Year 2017, that is necessary to provide a member described in paragraph (1) with sufficient choices in athletic shoes so as to minimize the incidence of athletic injuries and potential unnecessary harm and risk to the safety and well-being of members in initial entry training.

(3)

This subsection does not prohibit the provision of a cash allowance to a member described in paragraph (1) for the purchase of athletic footwear if such footwear—

(A)

is medically required to meet unique physiological needs of the member; and

(B)

cannot be met with athletic footwear that complies with the requirements of this subsection.

(4)

This subsection does not apply to the furnishing of athletic footwear to members of the Army, the Navy, the Air Force, the Marine Corps, or the Space Force upon their initial entry into the armed forces, or prohibit the provision of a cash allowance to such members for such purpose, if the Secretary of Defense determines that compliance with paragraph (2) would result in a sole source contract for procurement of athletic footwear for the purpose stated in paragraph (1) because there would be only a sole certified source of supply for such footwear.

(5)

The Secretary of Defense shall ensure that all procurements of athletic footwear to which this subsection applies are made using firm fixed price contracts.

Source credit: (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; Pub. L. 114–328, div. A, title VIII, § 817, Dec. 23, 2016, 130 Stat. 2272; Pub. L. 115–91, div. A, title VI, § 633, Dec. 12, 2017, 131 Stat. 1431; Pub. L. 116–283, div. A, title IX, § 925(e)(2), Jan. 1, 2021, 134 Stat. 3827; Pub. L. 117–81, div. A, title XVII, § 1702(f)(2), Dec. 27, 2021, 135 Stat. 2157.)

history & why it existsrecord from the source credit
  • 1962Enacted · Pub. L. 87-649 · 76 Stat. 478
  • 1996Amended · Pub. L. 104-106 · 110 Stat. 432
  • 1996Amended · Pub. L. 104-201 · 110 Stat. 2583
  • 2000Amended · Pub. L. 106-398 · 114 Stat. 1654, 1654
  • 2002Amended · Pub. L. 107-296 · 116 Stat. 2314
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2272
  • 2017Amended · Pub. L. 115-91 · 131 Stat. 1431
  • 2021Amended · Pub. L. 116-283 · 134 Stat. 3827
  • 2021Amended · Pub. L. 117-81 · 135 Stat. 2157

A history note hasn’t been published yet. The record shows enactment by Pub. L. 87-649 on 1962-09-07.

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