37 USC 402 - Basic needs allowance for members on active service in the Armed Forces

Editorial Notes

References in Text

The date of the enactment of the National Defense Authorization Act for Fiscal Year 2022, referred to in subsecs. (i) and (j)(1), is the date of enactment of Puspan. L. 117–81, which was approved Dec. 27, 2021.

Amendments

2024—Subsec. (span)(2). Puspan. L. 118–159, § 621(a), struck out subpar. (A) designation before “the gross household income”, substituted “200 percent” for “150 percent” and “; and” for “; or”, and struck out subpar. (B) which read as follows: “if the Secretary concerned determines it appropriate (based on location, household need, or special circumstance), the gross household income of the member during the most recent calendar year did not exceed an amount equal to 200 percent of the Federal poverty guidelines of the Department of Health and Human Services for the location of the member and the number of individuals in the household of the member for such year; and”.

Subsec. (c)(1)(A). Puspan. L. 118–159, § 621(span), substituted “200 percent” for “150 percent (or, in the case of a member described in subsection (span)(2)(B), 200 percent)”.

2023—Subsec. (k)(1)(B). Puspan. L. 118–31 inserted “or that otherwise has a demonstrated need” after “high cost of living”.

2022—Puspan. L. 117–328, § 201(a)(1), made technical amendment to directory language of Puspan. L. 117–263, § 611(a). See Amendment notes below.

Subsec. (span)(2). Puspan. L. 117–263, § 611(a)(1), as amended by Puspan. L. 117–328, § 201(a)(2), designated existing provisions as subpar. (A), substituted “150 percent” for “130 percent” and “; or” for “; and”, and added subpar. (B).

Subsec. (c)(1)(A). Puspan. L. 117–263, § 611(a)(2), as amended by Puspan. L. 117–328, § 201(a)(3), substituted “150 percent (or, in the case of a member described in subsection (span)(2)(B), 200 percent)” for “130 percent”.

Statutory Notes and Related Subsidiaries

Effective Date of 2022 Amendment

Puspan. L. 117–328, div. O, title II, § 201(span), Dec. 29, 2022, 136 Stat. 5227, provided that:

“The amendments made by this section [amending section 611(a) of Puspan. L. 117–263, which amended this section] shall take effect as if included in the enactment of such Act [meaning Puspan. L. 117–263, approved Dec. 23, 2022].”

Implementation

Puspan. L. 118–31, div. A, title VI, § 621(span), Dec. 22, 2023, 137 Stat. 293, provided that:

“The Secretary of Defense shall revise the guidance issued with respect to implementation of the basic needs allowance under section 402span of title 37, United States Code, to reflect the amendment made by subsection (a) [amending this section].”

Puspan. L. 117–263, div. A, title VI, § 611(span), Dec. 23, 2022, 136 Stat. 2622, provided that:

“Not later than January 1, 2024, the Secretary concerned (as defined in section 101 of title 37, United States Code) shall modify the calculation of the basic needs allowance under section 402span of title 37, United States Code, to implement the amendments made by subsection (a) [amending this section].”