### **CHAPTER 45—THE UNIFORM**

Sec.
771.
Unauthorized wearing prohibited.
771a.
Disposition on discharge.
772.
When wearing by persons not on active duty authorized.
773.
When distinctive insignia required.
774.
Religious apparel: wearing while in uniform.
775.
Issue of uniform without charge.
776.
Applicability of chapter.
777.
Wearing of insignia of higher grade before promotion (frocking): authority; restrictions.
777a.
Wearing of insignia of higher grade before appointment to a grade above major general or rear admiral (frocking): authority; restrictions.

#### **Editorial Notes**

#### Amendments

**2011**—Pub. L. 111–383, div. A, title V, §505(a)(2), Jan. 7, 2011, 124 Stat. 4210, added item 777a.

**1996**—Pub. L. 104–106, div. A, title V, §503(a)(2), Feb. 10, 1996, 110 Stat. 294, added item 777.

**1992**—Pub. L. 102–484, div. A, title III, §377(b), Oct. 23, 1992, 106 Stat. 2387, added item 775 and redesignated former item 775 as 776.

**1987**—Pub. L. 100–180, div. A, title V, §508(b), Dec. 4, 1987, 101 Stat. 1087, added item 774 and redesignated former item 774 as 775.

**1968**—Pub. L. 90–235, §8(1)(B), Jan. 2, 1968, 81 Stat. 764, added item 771a.

#### **Statutory Notes and Related Subsidiaries**

#### Requirements Relating to Reduction of Out-Of-Pocket Costs of Members of the Armed Forces for Uniform Items

Pub. L. 117–263, div. A, title III, §390, Dec. 23, 2022, 136 Stat. 2549, provided that:

"(a) Tracking Requirement.—The Secretary of Defense shall take such steps as may be necessary to track the expected useful life of uniform items for officers and enlisted members of the Armed Forces, for the purposes of—

"(1) estimating the rate at which such uniform items are replaced;

"(2) determining the resulting out-of-pocket costs for such members over time;

"(3) determining the necessity of establishing a uniform replacement allowance for officers of the Armed Forces, based on the replacement rate estimated pursuant to paragraph (1) and the out-of-pocket costs determined pursuant to paragraph (2); and

"(4) determining the adequacy of the uniform allowance for enlisted members of the Armed Forces.

"(b) Report.—Not later than 120 days after the date of the enactment of this Act [Dec. 23, 2022], the Secretary of Defense shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the expected useful life of required uniform items for members of the Armed Forces, projected changes to such required uniform items, and related costs anticipated by the Secretary (disaggregated by Armed Force). Such report shall include—

"(1) pricing information for each such item, including items that are not considered uniquely military; and

"(2) an assessment of the necessity of establishing a uniform replacement allowance for officers of the Armed Forces, as determined pursuant to subsection (a)(3)."

#### Pilot Program for Temporary Issuance of Maternity-Related Uniform Items

Pub. L. 116–283, div. A, title III, §361, Jan. 1, 2021, 134 Stat. 3546, provided that:

"(a) Pilot Program.—The Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall carry out a pilot program for issuing maternity-related uniform items to pregnant members of the Armed Forces, on a temporary basis and at no cost to such member. In carrying out the pilot program, the Director shall take the following actions:

"(1) The Director shall maintain a stock of each type of maternity-related uniform item determined necessary by the Secretary concerned, including service uniforms items, utility uniform items, and other items relating to the command and duty assignment of the member requiring issuance.

"(2) The Director shall ensure that such items have not been treated with the chemical permethrin.

"(3) The Director, in coordination with the Secretary concerned, shall determine a standard number of maternity-related uniform items that may be issued per member.

"(4) The Secretary concerned shall ensure that any member receiving a maternity-related uniform item returns such item to the relevant office established under paragraph (1) on the date on which the Secretary concerned determines the member no longer requires such item.

"(5) The Secretary concerned shall inspect, process, repair, clean, and re-stock items returned by a member pursuant to paragraph (4) for re-issuance from such relevant office.

"(6) The Director, in coordination with the Secretaries concerned, may issue such guidance and regulations as necessary to carry out the pilot program.

"(b) Termination.—No maternity-related uniform items may be issued to a member of the Armed Forces under the pilot program after September 30, 2026.

"(c) Report.—Not later than September 30, 2025, the Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall submit to the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives] a report on the pilot program. Such report shall include each of the following:

"(1) For each year during which the pilot program was carried out, the number of members of the Armed Forces who received a maternity-related uniform item under the pilot program.

"(2) An overview of the costs associated with, and any savings realized by, the pilot program, including a comparison of the cost of maintaining a stock of maternity-related uniform items for issuance under the pilot program versus the cost of providing allowances to members for purchasing such items.

"(3) A recommendation on whether the pilot program should be extended after the date of termination under subsection (b) and whether legislation is necessary for such extension.

"(4) Any other matters that the Secretary of Defense determines appropriate."

#### Functional Badge or Insignia Upon Commission for Chaplains

Pub. L. 116–92, div. A, title V, §510B, Dec. 20, 2019, 133 Stat. 1348, provided that: "A military chaplain shall receive a functional badge or insignia upon commission."

#### Notification Requirements Relating to Changes to Uniform of Members of the Uniformed Services

Pub. L. 115–232, div. A, title III, §356, Aug. 13, 2018, 132 Stat. 1732, as amended by Pub. L. 116–283, div. A, title III, §348, Jan. 1, 2021, 134 Stat. 3542, provided that:

"(a) Contractor Notification.—The Director of the Defense Logistics Agency shall notify a contractor when one of the uniformed services plans to make a change to a uniform component that is provided by that contractor. Such a notification shall be made not less than 12 months prior to any announcement of a public solicitation for the manufacture of the new uniform component.

"(b) Waiver.—If the Secretary of a military department or the Director of the Defense Logistics Agency determines that the notification requirement under subsection (a) would adversely affect operational safety, force protection, or the national security interests of the United States, the Secretary or the Director may waive such requirement."

#### Revised Policy on Ground Combat and Camouflage Utility Uniforms

Pub. L. 113–66, div. A, title III, §352(a)–(f), Dec. 26, 2013, 127 Stat. 742, 743, provided that:

"(a) Establishment of Policy.—It is the policy of the United States that the Secretary of Defense shall eliminate the development and fielding of Armed Force-specific combat and camouflage utility uniforms and families of uniforms in order to adopt and field a common combat and camouflage utility uniform or family of uniforms for specific combat environments to be used by all members of the Armed Forces.

"(b) Prohibition.—Except as provided in subsection (c), after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of a military department may not adopt any new camouflage pattern design or uniform fabric for any combat or camouflage utility uniform or family of uniforms for use by an Armed Force, unless—

"(1) the new design or fabric is a combat or camouflage utility uniform or family of uniforms that will be adopted by all Armed Forces;

"(2) the Secretary adopts a uniform already in use by another Armed Force; or

"(3) the Secretary of Defense grants an exception based on unique circumstances or operational requirements.

"(c) Exceptions.—Nothing in subsection (b) shall be construed as—

"(1) prohibiting the development of combat and camouflage utility uniforms and families of uniforms for use by personnel assigned to or operating in support of the unified combatant command for special operations forces described in section 167 of title 10, United States Code;

"(2) prohibiting engineering modifications to existing uniforms that improve the performance of combat and camouflage utility uniforms, including power harnessing or generating textiles, fire resistant fabrics, and anti-vector, anti-microbial, and anti-bacterial treatments;

"(3) prohibiting the Secretary of a military department from fielding ancillary uniform items, including headwear, footwear, body armor, and any other such items as determined by the Secretary;

"(4) prohibiting the Secretary of a military department from issuing vehicle crew uniforms;

"(5) prohibiting cosmetic service-specific uniform modifications to include insignia, pocket orientation, closure devices, inserts, and undergarments; or

"(6) prohibiting the continued fielding or use of pre-existing service-specific or operation-specific combat uniforms as long as the uniforms continue to meet operational requirements.

"(d) Registration Required.—The Secretary of a military department shall formally register with the Joint Clothing and Textiles Governance Board all uniforms in use by an Armed Force under the jurisdiction of the Secretary and all such uniforms planned for use by such an Armed Force.

"(e) Limitation on Restriction.—The Secretary of a military department may not prevent the Secretary of another military department from authorizing the use of any combat or camouflage utility uniform or family of uniforms.

"(f) Guidance Required.—

"(1) In general.—Not later than 60 days after the date of the enactment of this Act [Dec. 26, 2013], the Secretary of Defense shall issue guidance to implement this section.

"(2) Content.—At a minimum, the guidance required by paragraph (1) shall require the Secretary of each of the military departments—

"(A) in cooperation with the commanders of the combatant commands, including the unified combatant command for special operations forces, to establish, by not later than 180 days after the date of the enactment of this Act, joint criteria for combat and camouflage utility uniforms and families of uniforms, which shall be included in all new requirements documents for such uniforms;

"(B) to continually work together to assess and develop new technologies that could be incorporated into future combat and camouflage utility uniforms and families of uniforms to improve war fighter survivability;

"(C) to ensure that new combat and camouflage utility uniforms and families of uniforms meet the geographic and operational requirements of the commanders of the combatant commands; and

"(D) to ensure that all new combat and camouflage utility uniforms and families of uniforms achieve interoperability with all components of individual war fighter systems, including body armor, organizational clothing and individual equipment, and other individual protective systems."

#### Policy on Ground Combat and Camouflage Utility Uniforms

Pub. L. 111–84, div. A, title III, §352, Oct. 28, 2009, 123 Stat. 2262, related to policy on ground combat and camouflage utility uniforms, prior to repeal by Pub. L. 113–66, div. A, title III, §352(g), Dec. 26, 2013, 127 Stat. 743.