Skip to content

Title 37 — Pay and Allowances of the Uniformed Services

Chapter 19 — Administration

§ 1011. Mess operation: reimbursement of expenses

Statutory text

(a)

The Secretary of Defense shall, by regulation, establish rates for meals sold at messes to officers, civilians, and enlisted members. Such rates shall be established at a level sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned, but members of the uniformed services and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at a rate of not less than $2.50 per day. Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.

(b)

For the purposes of this section, payment for meals at the rates established under this section may be made in cash or, in the case of enlisted members or civilian employees, by deduction from pay. Members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation or when residing at a military installation pursuant to an agreement in effect on , and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.

(c)

Spouses and dependent children of enlisted members in pay grades E–1, E–2, E–3, and E–4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs.

(d)

When the Coast Guard is not operating as a service in the Navy, the Secretary of Homeland Security shall establish rates for meals sold at Coast Guard dining facilities, provide for reimbursement of operating expenses and food costs to the appropriations concerned, and reduce the rates for such meals when the Secretary determines that it is in the best interest of the United States to do so.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Defense Officer Personnel Management Act

    Pub. L. 96–513 title IV § 413 · 94 Stat. 2835

    Enacted · 37 U.S.C. § 1011

    Added Pub. L. 96–513, title IV, § 413, Dec. 12, 1980, 94 Stat. 2906

    Source evidence

    Code source credit
    Added Pub. L. 96–513, title IV, § 413, Dec. 12, 1980, 94 Stat. 2906

    Enacted provision · exact public law section
    Sec. 413. reimbursement of expenses in connection with certain mess operations Chapter 19 of title 37, United States Code, relating to administration of pay and allowances, is amended by adding after section 1010 (as added by section 403) the following new section: “§1011. Mess operation: reimbursement of expenses “(a) The Secretary of Defense shall, by regulation, establish rates for meals sold at messes to officers, civilians, or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title. Such rates shall be established at a level sufficient to provide reimbursement of operating expenses and food costs to the appropriations concerned, but members of the uniformed services and civilians in a travel status receiving a per diem allowance in lieu of subsistence shall be charged at a rate of not less than $2.50 per day. “(b) For the purposes of this section, payment for meals at the rates established under this section may be made in cash or, in the case of enlisted members or civilian employees, by deduction from pay. Members of organized nonprofit youth groups sponsored at either the national or local level, when extended the privilege of visiting a military installation and permitted to eat in the general mess by the commanding officer of the installation, shall pay the commuted ration cost of such meal or meals.”.

  2. Military Family Act of 1985

    Pub. L. 99–145 title VIII § 810(a) · 99 Stat. 583

    Added · 37 U.S.C. § 1011(c)

    Pub. L. 99–145 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–145 added subsec. (c).

    Enacted provision · exact public law section
    (a) Food Costs for Certain Enlisted Members.— Section 1011 of title 37, United States Code, is amended by adding at the end thereof the following new subsection: “(c) Spouses and dependent children of enlisted members in pay grades E–l, E–2, E–3, and E–4 may not be charged for meals sold at messes in excess of a level sufficient to cover food costs.”.

  3. Department of Defense Authorization Act, 1987

    Pub. L. 99–661 div. A title VI § 655 · 100 Stat. 3816

    Inserted · 37 U.S.C. § 1011(b)

    Pub. L. 99–661 inserted “or when residing at a military installation pursuant to an agreement in effect on June 30, 1986,” in second sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–661 inserted “or when residing at a military installation pursuant to an agreement in effect on June 30, 1986,” in second sentence.

    Enacted provision · exact public law section
    SEC. 655. MEAL REIMBURSEMENT FOR NONPROFIT YOUTH GROUPS RESIDING AT MILITARY INSTALLATIONS Section 1011(b) of title 37, United States Code, is amended by inserting after “military installation” in the second sentence the following: “or when residing at a military installation pursuant to an agreement in effect on June 30, 1986,”.

  4. National Defense Authorization Act for Fiscal Years 1990 and 1991

    Pub. L. 101–189 div. A title III § 321 · 103 Stat. 1352

    1. Substituted · 37 U.S.C. § 1011(a)

      Pub. L. 101–189 substituted “and enlisted members” for “or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title”

    2. Inserted · 37 U.S.C. § 1011(a)

      Pub. L. 101–189 inserted at end “Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–189 substituted “and enlisted members” for “or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title” and inserted at end “Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.”

    Enacted provision · exact public law section
    SEC. 321. AUTHORIZATION TO REDUCE UNDER CERTAIN CIRCUMSTANCES THE RATES FOR MEALS SOLD AT A MILITARY DINING FACILITY Section 1011(a) of title 37, United States Code, is amended— (1) by striking out “or enlisted members” and all that follows through the period in the first sentence and inserting in lieu thereof “and enlisted members.”; and (2) by adding after the second sentence the following new sentence: “Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meats established under this subsection by the amount of that rate attributable to operating expenses.”.

  5. Coast Guard Authorization Act of 1996

    Pub. L. 104–324 title II § 214(a) · 110 Stat. 3901

    Added · 37 U.S.C. § 1011(d)

    Pub. L. 104–324 added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–324 added subsec. (d).

    Enacted provision · exact public law section
    (a) Reimbursement of Expenses for Mess Operations.— Section 1011 of title 37, United States Code, is amended by adding at the end the following new subsection: “(d) When the Coast Guard is not operating as a service in the Navy, the Secretary of Transportation shall establish rates for meals sold at Coast Guard dining facilities, provide for reimbursement of operating expenses and food costs to the appropriations concerned, and reduce the rates for such meals when the Secretary determines that it is in the best interest of the United States to do so.”.

  6. Homeland Security Act of 2002

    Pub. L. 107–296 title XVII § 1704(c) · 116 Stat. 2135

    Substituted · 37 U.S.C. § 1011(d)

    Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

    Enacted provision · exact public law section
    (c) Title 37, United States Code.— Title 37, United States Code, is amended in sections 101(5), 204(i)(4), 301a(a)(3), 306(d), 307(c), 308(a)(1), 308(d)(2), 308(f), 308b(e), 308c(c), 308d(a), 308e(f), 308g(g), 308h(f), 308i(e), 309(d), 316(d), 323(b), 323(g)(1), 325(i), 402(d), 402a(g)(1), 403(f)(3), 403(l)(1), 403b(i)(5), 406(b)(1), 417(a), 417(b), 418(a), 703, 1001(c), 1006(f), 1007(a), and 1011(d) by striking “of Transportation” each place it appears and inserting “of Homeland Security”.

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

7 of 7 references resolved to an enrolled provision

Editorial Notes

Amendments1985–2002 · 5 rounds

2002

Subsec. (d). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation”.

1996

Subsec. (d). Pub. L. 104–324 added subsec. (d).

1989

Subsec. (a). Pub. L. 101–189 substituted “and enlisted members” for “or enlisted members entitled to a per diem transportation allowance determined under section 404(d)(2) of this title” and inserted at end “Notwithstanding the preceding sentence, if the Secretary determines that it is in the best interest of the United States, the Secretary may reduce a rate for meals established under this subsection by the amount of that rate attributable to operating expenses.”

1986

Subsec. (b). Pub. L. 99–661 inserted “or when residing at a military installation pursuant to an agreement in effect on ,” in second sentence.

1985

Subsec. (c). Pub. L. 99–145 added subsec. (c).

Statutory Notes and Related Subsidiaries

Effective Date of 2002 Amendment

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

Effective Date of 1985 Amendment

Amendment by Pub. L. 99–145 effective , see section 813 of Pub. L. 99–145, formerly set out in a Military Family Policy and Programs note under section 113 of Title 10, Armed Forces.

Effective Date

Section effective , but the authority to prescribe regulations under this section effective on , see section 701 of Pub. L. 96–513, set out as an Effective Date of 1980 Amendment note under section 101 of Title 10, Armed Forces.

Credits

1980–2002 · 6 acts
  1. 1980Added Pub. L. 96–513, title IV, § 413, , 94 Stat. 2906
  2. 1985amended Pub. L. 99–145, title VIII, § 810(a), , 99 Stat. 681
  3. 1986Pub. L. 99–661, div. A, title VI, § 655, , 100 Stat. 3891
  4. 1989Pub. L. 101–189, div. A, title III, § 321, , 103 Stat. 1413
  5. 1996Pub. L. 104–324, title II, § 214(a), , 110 Stat. 3915
  6. 2002Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314.
Show as published

(Added Pub. L. 96–513, title IV, § 413, , 94 Stat. 2906; amended Pub. L. 99–145, title VIII, § 810(a), , 99 Stat. 681; Pub. L. 99–661, div. A, title VI, § 655, , 100 Stat. 3891; Pub. L. 101–189, div. A, title III, § 321, , 103 Stat. 1413; Pub. L. 104–324, title II, § 214(a), , 110 Stat. 3915; Pub. L. 107–296, title XVII, § 1704(c), , 116 Stat. 2314.)

Parsed from the official OLRC USLM XML in data/usc_all/usc37.xml · release point 119-108 · OLRC build 2026-03-26

USLM identifier /us/usc/t37/s1011