
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-398 Section 1[603(a),]
[Document affected by Public Law 106-398 Section 1[603(a),]
[Document affected by Public Law 107-107 Section 604(a)]
[Document affected by Public Law 106-398 Section 1[1087(e)(1)]]
[Document affected by Public Law 106-398 Section 1[603(c)]]
[Document affected by Public Law 107-107 Section 604(b)]
[Document affected by Public Law 107-107 Section 604(c)]
[Document affected by Public Law 106-398 Section 1[603(c)]]
[CITE: 37USC402]

 
         TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
 
                          CHAPTER 7--ALLOWANCES
 
Sec. 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) 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.

    (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 Rule for Members Authorized to Mess Separately.--(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 established under 
subsection (b)(1) 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.
    (e) Special Rule for Certain Enlisted Reserve Members.--Unless 
entitled to basic pay under section 204 of this title, 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 section 206(a) of 
this title, 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) 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.
    (g) 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).

(Pub. L. 87-649, Sept. 7, 1962, 76 Stat. 470; Pub. L. 89-444, Sec. 2(2), 
June 9, 1966, 80 Stat. 198; Pub. L. 93-419, Sec. 3(1)-(5), Sept. 19, 
1974, 88 Stat. 1152; Pub. L. 96-513, title IV, Sec. 411, Dec. 12, 1980, 
94 Stat. 2905; Pub. L. 98-94, title IX, Sec. 908(a), Sept. 24, 1983, 97 
Stat. 637; Pub. L. 98-525, title VI, Sec. 605, Oct. 19, 1984, 98 Stat. 
2537; Pub. L. 98-557, Sec. 17(d), Oct. 30, 1984, 98 Stat. 2868; Pub. L. 
99-145, title XIII, Sec. 1303(b)(5), Nov. 8, 1985, 99 Stat. 740; Pub. L. 
102-25, title VII, Sec. 702(b)(1), (c), Apr. 6, 1991, 105 Stat. 117; 
Pub. L. 104-106, div. A, title VI, Sec. 602(a)-(c)(1), Feb. 10, 1996, 
110 Stat. 356, 357; Pub. L. 105-85, div. A, title VI, Sec. 602(a), Nov. 
18, 1997, 111 Stat. 1771; Pub. L. 105-261, div. A, title VI, 
Sec. 604(a), Oct. 17, 1998, 112 Stat. 2037.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
402(a)................................  37:251(a) (1st sentence).            Oc
t. 12, 1949, ch. 681, Sec.  301,
402(b)................................  37:251(a) (2d and last sentences).    6
3 Stat. 812; May 19, 1952, ch.
                                        37:251(b).                            3
10, Sec.  1(d), 66 Stat. 80; Aug.
                                        37:251(c).                            1
0, 1956, ch. 1041, Sec.  20(b),
                                                                              7
0A Stat. 627; Sept. 2, 1958, Pub.
                                                                              L
. 85-861, Sec.  10, 72 Stat.
                                                                              1
556.
                                        37:251a.                             Au
g. 1, 1953, ch. 305, Sec.  617,
                                                                              6
7 Stat. 352.
                                        37:301(a) (45 words before           Oc
t. 12, 1949, ch. 681, Sec.
                                         proviso).                            5
01(a) (45 words before proviso),
                                        37:301(e) (less applicability to      (
e) (less applicability to basic
                                         basic pay, incentive pay,            p
ay, incentive pay, administrative
                                         administrative pay, and duty         p
ay, and duty without pay), 63
                                         without pay).                        S
tat. 825, 827; July 9, 1952, ch.
                                        37:251(a) (less 1st, 2d, and last     6
08, Sec.  244, 66 Stat. 494; June
402(c)................................   sentences).                          3
0, 1960, Pub. L. 86-559, Sec.  8,
                                        37:251(e).                            7
4 Stat. 282.
402(d)................................  37:251(f).
402(e)................................  37:251(d).
402(f)................................
-------------------------------------------------------------------------------
---------------------------------

    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).


                               Amendments

    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, Sec. 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, Sec. 602(c)(1)(A), substituted 
``subsection (b)(2)'' for ``the third sentence of subsection (b)''.
    Subsec. (e)(2). Pub. L. 104-106, Sec. 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, Sec. 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, Sec. 411(b), inserted reference to 
definitions of ``field duty'' and ``sea duty''.
    1974--Subsec. (a). Pub. L. 93-419, Sec. 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, Sec. 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, Sec. 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, Sec. 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.


                    Effective Date of 1997 Amendment

    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.''


                    Effective Date of 1984 Amendment

    Section 605 of Pub. L. 98-525 provided that the amendment made by 
that section is effective Oct. 1, 1984.


                    Effective Date of 1980 Amendment

    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.


                    Effective Date of 1974 Amendment

    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.


    Transitional Authority To Provide Basic Allowance for Subsistence

    Section 602(c)-(f) of Pub. L. 105-85, as amended by Pub. L. 105-261, 
div. A, title VI, Sec. 604(b), Oct. 17, 1998, 112 Stat. 2038, provided 
that:
    ``(c) Transitional Authority To Provide Basic Allowance for 
Subsistence.--
        ``(1) Transitional authority.--Notwithstanding section 402 of 
    title 37, United States Code, as amended by subsection (a), during 
    the period beginning on January 1, 1998, and ending on the date 
    determined under paragraph (2)--
            ``(A) the basic allowance for subsistence shall not be paid 
        under such section 402;
            ``(B) a member of the uniformed services is entitled to the 
        basic allowance for subsistence only as provided in subsection 
        (d);
            ``(C) an enlisted member of the uniformed services may be 
        paid a partial basic allowance for subsistence as provided in 
        subsection (e); and
            ``(D) the rates of the basic allowance for subsistence are 
        those rates determined under subsection (f).
        ``(2) Termination of transitional authority.--The transitional 
    authority provided under paragraph (1) shall terminate 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 (when 
    permission to mess separately is granted), as determined under 
    subsection (f)(2), is equal to or is exceeded by the amount that, 
    except for paragraph (1)(A), would otherwise be the monthly rate of 
    basic allowance for subsistence for enlisted members under section 
    402(b)(1) of title 37, United States Code, as amended by subsection 
    (a).
    ``(d) Transitional Entitlement to Allowance.--
        ``(1) Enlisted members.--
            ``(A) Types of entitlement.--An enlisted member is entitled 
        to the basic allowance for subsistence, on a daily basis, of 
        [sic] under one or more of the following circumstances:
                ``(i) When rations in kind are not available.
                ``(ii) When permission to mess separately is granted.
                ``(iii) When assigned to duty under emergency conditions 
            where no messing facilities of the United States are 
            available.
            ``(B) Other entitlement circumstances.--An enlisted member 
        is entitled to the allowance while on an authorized leave of 
        absence, while confined in a hospital, or while performing 
        travel under orders away from the member's designated post of 
        duty other than field duty or sea duty (as defined in 
        regulations prescribed by the Secretary of Defense). For 
        purposes of the preceding sentence, a member shall not be 
        considered to be performing travel under orders away from his 
        designated post of duty if such member--
                ``(i) is an enlisted member serving the member's first 
            tour of active duty;
                ``(ii) has not actually reported to a permanent duty 
            station pursuant to orders directing such assignment; and
                ``(iii) is not actually traveling between stations 
            pursuant to orders directing a change of station.
            ``(C) Advance payment.--The allowance to an enlisted member, 
        when authorized, may be paid in advance for a period of not more 
        than three months.
            ``(D) Special rule for certain enlisted reserve members.--
        Unless entitled to basic pay under section 204 of title 37, 
        United States Code, an enlisted member of a reserve component 
        (as defined in section 101(24) of such title) may receive, at 
        the discretion of the Secretary concerned (as defined in section 
        101(5) of such title), rations in kind, or a part thereof, when 
        the member's instruction or duty periods (as described in 
        section 206(a) of such title) 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.
        ``(2) Officers.--An officer of a uniformed service who is 
    entitled to basic pay is, at all times, entitled to the basic 
    allowances for subsistence. An aviation cadet of the Navy, Air 
    Force, Marine Corps, or Coast Guard is entitled to the same basic 
    allowance for subsistence as is provided for an officer of the Navy, 
    Air Force, Marine Corps, or Coast Guard, respectively.
    ``(e) Transitional Authority for Partial Allowance.--
        ``(1) Enlisted members furnished subsistence in kind.--The 
    Secretary of Defense may provide in regulations for an enlisted 
    member of a uniformed service to be paid a partial basic allowance 
    for subsistence when--
            ``(A) rations in kind are available to the member;
            ``(B) the member is not granted permission to mess 
        separately; or
            ``(C) the member is assigned to duty under emergency 
        conditions where messing facilities of the United States are 
        available.
        ``(2) Monthly payment.--Any partial basic allowance for 
    subsistence authorized under paragraph (1) shall be calculated on a 
    daily basis and paid on a monthly basis.
    ``(f) Transitional Rates.--
        ``(1) Allowance for officers.--The monthly rate of basic 
    allowance for subsistence for a year (beginning on January 1 of that 
    year) that is payable to officers of the uniformed services shall be 
    the amount that is equal to 101 percent of the rate of basic 
    allowance for subsistence that was payable to officers of the 
    uniformed services for the preceding year.
        ``(2) Allowance for enlisted member with permission to mess 
    separately.--The monthly rate of basic allowance for subsistence for 
    a year (beginning on January 1 of that year) that is payable to an 
    enlisted member of the uniformed services entitled to the allowance 
    under subsection (d)(1) shall be the amount that is equal to 101 
    percent of the rate of basic allowance for subsistence that was in 
    effect for similarly situated enlisted members of the uniformed 
    services for the preceding year.
        ``(3) Partial allowance for other enlisted members.--The monthly 
    rate of any partial basic allowance for subsistence for a year 
    (beginning on January 1 of that year) payable to an enlisted member 
    of the uniformed services eligible for the allowance under the 
    regulations prescribed under subsection (e)(1) shall be the amount 
    equal to the lesser of the following:
            ``(A) The sum of--
                ``(i) the partial basic allowance for subsistence in 
            effect for the preceding year; and
                ``(ii) the amount equal to the difference, if any, 
            between--
          ``(I) the monthly equivalent of the rate of basic allowance 
                for subsistence that was in effect for the preceding 
                year for members of the uniformed services above grade 
                E-1 (when permission to mess separately is granted), 
                increased by the same percentage by which the rates of 
                basic pay for members of the uniformed services is 
                increased for the current year; and
          ``(II) the amount equal to 101 percent of the monthly 
                equivalent of the rate of basic allowance for 
                subsistence that was in effect for the previous year for 
                members of the uniformed services above grade E-1 (when 
                permission to mess separately is granted),
          with the amount so determined under this clause multiplied by 
            the number of members estimated to be entitled to receive 
            basic allowance for subsistence under subsection (d) for the 
            current year and then divided by the number of members 
            estimated to be eligible for the partial allowance under the 
            regulations prescribed under subsection (e)(1) for that 
            year.
            ``(B) The amount equal to the difference between--
                ``(i) the amount that, except for subsection (c)(1)(A), 
            would otherwise be the monthly rate of basic allowance for 
            subsistence for enlisted members under section 402(b)(1) of 
            title 37, United States Code; and
                ``(ii) the amount equal to the monthly equivalent of the 
            value of a daily ration, as determined by the Under 
            Secretary of Defense (Comptroller) as of October 1 of the 
            preceding year.''


               Increase in Basic Allowance for Subsistence

    Pub. L. 96-343, Sec. 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 Subsistence Allowance

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

                        Executive Order No. 10119

    Ex. Ord. No. 10119, Mar. 30, 1950, 15 F.R. 1767, as amended by 1953 
Reorg. Plan No. 1, Secs. 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.


                            Cross References

    Assimilation of pay and allowances, see section 1003 of this title.
    Aviation cadets, allowances, pensions, gratuities, and other 
benefits, see section 6912 of Title 10, Armed Forces.

                  Section Referred to in Other Sections

    This section is referred to in sections 404, 420, 1003, 1009, 1012 
of this title; title 10 sections 708, 6912; title 14 section 372; title 
32 section 107.
