37 U.S.C. § 402 | Basic allowance for subsistence

(a)

Entitlement to Allowance .—

(1)

Except as provided in paragraph (2) or otherwise provided by law, each member of a uniformed service who is entitled to basic pay is entitled to a basic allowance for subsistence as set forth in this section.

(2)

An enlisted member is not entitled to the basic allowance for subsistence during basic training.

(b)

Rates of Allowance Based on Food Costs .—

(1)

(A)

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 equal to the monthly cost of a liberal food plan for a male in the United States who is between 19 and 50 years of age, as determined by the Secretary of Agriculture on October 1 of the preceding year.

(B)

section 1011(b) of this title With respect to a member who is subject to monthly deduction from pay for meals under , the amount payable under subparagraph (A) shall be reduced by the amount of such deduction from pay, in accordance with policies prescribed by the Secretary of Defense.

(C)

The monthly rate of basic allowance for subsistence to be in effect for an enlisted member for a year under subparagraph (A) may not decrease relative to the rate in effect for the preceding year.

(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.

(c)

Advance Payment .—

The allowance to an enlisted member may be paid in advance for a period of not more than three months.

(d)

Special Rate for Enlisted Members Occupying Single Quarters Without Adequate Availability of Meals .—

The Secretary of Defense, and the Secretary of the department in which the Coast Guard is operating, may pay an enlisted member the basic allowance for subsistence under this section at a monthly rate that is twice the amount in effect under subsection (b)(1) while—

(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)

Special Rule for Certain Enlisted Reserve Members .—

section 204 of this title section 206(a) of this titleUnless entitled to basic pay under , an enlisted member of a reserve component may receive, at the discretion of the Secretary concerned, rations in kind, or a part thereof, when the member’s instruction or duty periods, as described in , total at least 8 hours in a calendar day. 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.

(f)

Special Rule for High-Cost Duty Locations and Other Unique and Unusual Circumstances .—

The Secretary of Defense may authorize a member of the armed forces who is not entitled to the meals portion of the per diem in connection with an assignment in a high-cost duty location or under other unique and unusual circumstances, as determined by the Secretary, to receive any or all of the following:

(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)

Policies on Use of Dining and Messing Facilities .—

The Secretary of Defense, in consultation with the Secretaries concerned, shall prescribe policies regarding use of dining and field messing facilities of the uniformed services.

(h)

No Payment for Meals Received at Military Treatment Facilities .—

(1)

A member of the armed forces who is undergoing medical recuperation or therapy, or is otherwise in the status of continuous care, including outpatient care, at a military treatment facility for an injury, illness, or disease described in paragraph (2) shall not be required to pay any charge for meals provided to the member by the military treatment facility.

(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)

Regulations .—

(1)

The Secretary of Defense shall prescribe regulations for the administration of this section. Before prescribing the regulations, the Secretary shall consult with each Secretary concerned.

(2)

The regulations shall include the specific rates of basic allowance for subsistence required by subsection (b).

Historical and Revision Notes
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.

April 15, 1955In subsection (e), the words “Effective ,” 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).

Editorial Notes

Amendments

Pub. L. 119–60, § 621(a)(1)(A)2025—Subsec. (b)(1). , added par. (1) and struck out former par. (1) which related to the monthly rate of basic allowance for subsistence to be in effect for an enlisted member.

Pub. L. 119–60, § 621(a)(1)(B)Subsec. (b)(3). , struck out par. (3) which read as follows: “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.”

Pub. L. 110–417, § 602(1)2008—Subsec. (h)(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”.

Pub. L. 110–417, § 602(2)October 1, 2005December 31, 2008Subsec. (h)(3). , struck out par. (3) which read as follows: “This subsection shall apply to months beginning during the period beginning on , and ending on .”

Pub. L. 110–181December 31, 2008December 31, 2007 substituted “” for “”.

Pub. L. 109–163, § 607(a)(2)2006—Subsec. (h). , added subsec. (h). Former subsec. (h) redesignated (i).

Pub. L. 109–364December 31, 2007December 31, 2006Subsec. (h)(3). substituted “” for “”.

Pub. L. 109–163, § 607(a)(1)Subsec. (i). , redesignated subsec. (h) as (i).

Pub. L. 108–136, § 1045(b)(2)(A)(i)January 1, 2002December 31, 20012003—Subsec. (b)(1). –(iii), redesignated par. (2) as (1), substituted “The” for “On and after , the”, and struck out former par. (1) which read as follows: “Through , 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.”

Pub. L. 108–136, § 1045(b)(2)(A)(ii)Subsec. (b)(2). , redesignated par. (3) as (2). Former par. (2) redesignated (1).

Pub. L. 108–136, § 1045(b)(2)(A)(ii)Subsec. (b)(3), (4). , (iv), redesignated par. (4) as (3) and substituted “paragraph (1)” for “paragraph (2)”. Former par. (3) redesignated (2).

Pub. L. 108–136, § 1045(b)(2)(B)Subsec. (d). , substituted “subsection (b)(1)” for “subsection (b)(2)”.

Pub. L. 108–136, § 604Subsecs. (f) to (h). , added subsec. (f) and redesignated former subsecs. (f) and (g) as (g) and (h), respectively.

Pub. L. 107–3142002—Subsec. (d). 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 Pub. L. 107–314, 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 , see above and Effective Date of 2002 Amendment note below.

Pub. L. 107–1072001—Subsec. (b)(4). added par. (4).

Pub. L. 106–398, § 1 [[div. A]December 31, 20012000—Subsec. (b)(1). , title VI, § 603(a)(1)], substituted “Through , the monthly rate” for “The monthly rate” in introductory provisions.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b)(2), (3). , title VI, § 603(a)(2), (3)], added par. (2) and redesignated former par. (2) as (3).

Pub. L. 106–398, § 1 [[div. A]Subsec. (d)(1). , title VI, § 603(b)], substituted “in effect under paragraph (1) or (2) of subsection (b)” for “established under subsection (b)(1)”.

Pub. L. 105–2611998—Subsecs. (e) to (g). added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

Pub. L. 105–851997— 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.

Pub. L. 104–106, § 602(a)1996—Subsec. (b). , (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).

Pub. L. 104–106, § 602(c)(1)(A)Subsec. (e)(1). , substituted “subsection (b)(2)” for “the third sentence of subsection (b)”.

Pub. L. 104–106, § 602(c)(1)(B)Subsec. (e)(2). , substituted “subsection (b)(2)” for “subsection (b)”.

Pub. L. 102–251991—Subsec. (e). struck out “of this section” after “subsection (b)” in pars. (1) and (2).

Pub. L. 99–1451985—Subsec. (b). inserted “or as otherwise prescribed by law” after “title” at end of fourth sentence.

Pub. L. 98–5251984—Subsec. (b). 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.”

Pub. L. 98–557Subsec. (d). inserted provisions relating to Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy.

Pub. L. 98–941983—Subsec. (e). designated existing provisions as par. (1) and added par. (2).

Pub. L. 96–513, § 411(a)1980—Subsec. (b). , 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.

Pub. L. 96–513, § 411(b)Subsec. (e). , inserted reference to definitions of “field duty” and “sea duty”.

Pub. L. 93–419, § 3(1)1974—Subsec. (a). , 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”.

Pub. L. 93–419, § 3(2)section 1009 of this titleSubsec. (b). , substituted provisions for allowance for enlisted members authorized to receive basic allowance for subsistence under this subsection by reference to 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.

Pub. L. 93–419, § 3(3)section 1009 of this titleSubsec. (c). , inserted reference to in provisions relating to the amount of basic allowance for subsistence.

Pub. L. 93–419, § 3(4)Subsecs. (d) to (f). , (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.

Pub. L. 89–4441966—Subsec. (c). 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.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–181Dec. 31, 2007section 610 of Pub. L. 110–181 section 2130a of Title 10Amendment by effective as of , and subject to various special provisions, see , 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 , Armed Forces.

Effective Date of 2002 Amendment

Pub. L. 107–296 section 1704(g) of Pub. L. 107–296 section 101 of Title 10Amendment by effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see , set out as a note under , Armed Forces.

Effective Date of 1997 Amendment

Pub. L. 105–85, div. A, title VI, § 602(g)Nov. 18, 1997111 Stat. 1775

section 404 of this title section 6081 of Title 10January 1, 1998“This section [amending this section, , and , Armed Forces, and enacting provisions set out as a note below] and the amendments made by this section shall take effect on .”

, , , provided that:

Effective Date of 1984 Amendment

Pub. L. 98–525, title VI, § 605Oct. 19, 198498 Stat. 2537Oct. 1, 1984, , , provided that the amendment made by that section is effective .

Effective Date of 1980 Amendment

Pub. L. 96–513Sept. 15, 1981section 411 of Pub. L. 96–513Dec. 12, 1980section 701 of Pub. L. 96–513 section 101 of Title 10Amendment by effective , but the authority to prescribe regulations under the amendment by effective on , see , set out as a note under , Armed Forces.

Effective Date of 1974 Amendment

Pub. L. 93–419Sept. 19, 1974section 9 of Pub. L. 93–419 section 1009 of this titleAmendment by effective , see , set out as an Effective Date note under .

Transfer of Functions

November 25, 2002section 542 of Title 6For 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 , as modified, set out as a note under .

Rate for Enlisted Members When Messing Facilities Not Available

Pub. L. 107–107, div. A, title VI, § 604(b)Dec. 28, 2001115 Stat. 1133

“(1)

section 402 of title 37Dec. 28, 2001 Notwithstanding , 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 [].

“(2)

section 402 of title 37 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 , United States Code, exceeds the rate of the basic allowance for subsistence prescribed under paragraph (1).”

, , , provided that:

Transitional Authority To Provide Basic Allowance for Subsistence

Pub. L. 107–107, div. A, title VI, § 604(c)Dec. 28, 2001115 Stat. 1134

Public Law 105–85 37 U.S.C. 402 Public Law 106–398 114 Stat. 1654“Notwithstanding the repeal of subsections (c) through (f) of section 602 of the National Defense Authorization Act for Fiscal Year 1998 (; note) by section 603(c) of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (as enacted into law by ; A–145) [see below], the basic allowance for subsistence shall be paid in accordance with such subsections for October, November, and December of 2001.”

, , , provided that:

Pub. L. 105–85, div. A, title VI, § 602(c)Nov. 18, 1997111 Stat. 1772 Pub. L. 105–261, div. A, title VI, § 604(b)Oct. 17, 1998112 Stat. 2038 Pub. L. 106–398, § 1 [[div. A, title X, § 1087(e)(1)]Oct. 30, 2000114 Stat. 1654Jan. 1, 1998Pub. L. 106–398, § 1 [[div. A, title VI, § 603(c)]Oct. 30, 2000114 Stat. 1654Oct. 1, 2001–(f), , , as amended by , , ; , , , 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 , 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 , , , 1654A–145, effective .

Increase in Basic Allowance for Subsistence

Pub. L. 96–343, § 7Sept. 8, 198094 Stat. 1128

September 1, 1980section 402 of title 37Sept. 8, 1980“Effective , the rates of basic allowance for subsistence authorized by , United States Code, as in effect on the day before the date of the enactment of this Act [] (as prescribed by the President under section 1009 of such title), are increased by 10 percent.”

, , , provided that:

Executive Documents

Executive Order No. 10119

Mar. 30, 1950Apr. 11, 1953Apr. 22, 1955June 22, 1964section 301 of this titleEx. Ord. No. 10119, , 15 F.R. 1767, as amended by 1953 Reorg. Plan No. 1, §§ 5, 8, , 18 F.R. 2053; Ex. Ord. No. 10605, , 20 F.R. 2747, which related to regulations governing basic allowance for subsistence, was revoked by Ex. Ord. No. 11157, , 29 F.R. 7973, formerly set out as a note under .

Regulations Relating to Subsistence Allowance

June 22, 1964section 301 of this titleRegulations relating to basic allowance for subsistence, see Ex. Ord. No. 11157, , 29 F.R. 7973, formerly set out as a note under .