§ 402. Basic allowance for subsistence

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. 1962

   Pub. L. 87–649 · 76 Stat. 451

   Enacted · 37 U.S.C. § 402

   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470

   Source evidence

   Code source credit
   Pub. L. 87–649, Sept. 7, 1962, 76 Stat. 470

2. 1966

   Pub. L. 89–444 § 2(2) · 80 Stat. 195

   Changed · 37 U.S.C. § 402(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (2) The second sentence of section 402(c) is amended by deleting “or” between Air Force and Marine Corps in both places that it appears and by inserting “, or Coast Guard” after “Marine Corps” in both places where the hitter appears so that the sentence will read as follows: “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.”

3. 1974

   Pub. L. 93–419 § 3(1) · [88 Stat. 1152]

   1. Struck · 37 U.S.C. § 402(a)

      Pub. L. 93–419, § 3(1), struck out “this section or by another” after “otherwise provided by”

   2. Substituted · 37 U.S.C. § 402(a)

      Pub. L. 93–419, § 3(1), substituted “as set forth in this section” for “in the amount set forth in subsection (d) of this section”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 93–419, § 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”.

   Enacted provision · exact public law section
   Basic subsistence allowance.37 USC 402.(1) By amending section 102(a) to read as follows: “(a) Except as 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.”

4. 1974

   Pub. L. 93–419 § 3(2) · [88 Stat. 1152]

   Substituted · 37 U.S.C. § 402(b)

   Pub. L. 93–419, § 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

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 93–419, § 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.

   Enacted provision · exact public law section
   (2) By amending the fourth sentence of section 402(b) to read as follows: “The allowance for an enlisted member who is authorized to receive the basic allowance for subsistence under this subsection is at the rate prescribed in accordance with section 1009 of this title.”

5. 1974

   Pub. L. 93–419 § 3(3) · [88 Stat. 1152]

   Inserted · 37 U.S.C. § 402(c)

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

   Source evidence

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

   Enacted provision · exact public law section
   (3) By amending the first sentence of section 402(c) to read as follows: “An officer of a uniformed service who is entitled to basic pay is, at all times, entitled to the basic allowance for subsistence at the monthly rate prescribed in accordance with section 1009 of this title.”

6. 1974

   Pub. L. 93–419 § 3(4) · [88 Stat. 1152]

   1. Struck · 37 U.S.C. § 402(d)(f)

      Pub. L. 93–419, § 3(4), (5), struck out subsec. (d) which related to basic allowance for subsistence for members of the uniformed services

   2. Redesignated · 37 U.S.C. § 402(d)(f)

      Pub. L. 93–419, § 3(4), (5), redesignated subsecs. (e) and (f) as (d) and (e), respectively

   Source evidence

   Code amendment note
   Subsecs. (d) to (f). Pub. L. 93–419, § 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.

   Enacted provision · exact public law section
   Repeal.(4) by repealing section 402(d).

7. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 411(a) · 94 Stat. 2835

   1. Inserted · 37 U.S.C. § 402(b)

      Pub. L. 96–513, § 411(a), inserted provisions authorizing an allowance while performing travel under orders

   2. Struck · 37 U.S.C. § 402(b)

      Pub. L. 96–513, § 411(a), struck out provisions prohibiting an allowance while being subsisted at the expense of United States

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–513, § 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.

   Enacted provision · exact public law section
   (a) The third sentence of subsection (b) of section 402 of title 37, United States Code, relating to basic allowance for subsistence, is amended to read as follows: “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 his designated post of duty other than field duty or sea duty.’.

8. 1980

   Defense Officer Personnel Management Act

   Pub. L. 96–513 § 411(b) · 94 Stat. 2835

   Inserted · 37 U.S.C. § 402(e)

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

   Source evidence

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

   Enacted provision · exact public law section
   (b) Subsection (e) of such section is amended by inserting “, including definitions of the terms ‘field duty’ and ‘sea duty’ for purposes of the third sentence of subsection (b) of this section” after “of this section”.

9. 1983

   Department of Defense Authorization Act, 1984

   Pub. L. 98–94 title IX § 908(a) · 97 Stat. 614

   1. Amended · 37 U.S.C. § 402(e)

      Pub. L. 98–94 designated existing provisions as par. (1)

   2. Added · 37 U.S.C. § 402(e)

      Pub. L. 98–94 added par. (2)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 98–94 designated existing provisions as par. (1) and added par. (2).

10. 1984

    Department of Defense Authorization Act, 1985

    Pub. L. 98–525 title VI § 605 · 98 Stat. 2492

    Inserted · 37 U.S.C. § 402(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    Sec. 605. commutation of rations for reservists on inactive duty training who are unable to obtain rations in kind Effective on October 1, 1984, section 402(b) of title 37, Effective date. United States Code, is amended by adding at the end thereof the following new sentence: “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.”.

11. 1984

    Coast Guard Authorization Act of 1984

    Pub. L. 98–557 § 17(d) · 98 Stat. 2860

    Inserted · 37 U.S.C. § 402(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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (d) Section 402(d) of title 37, United States Code, is amended by inserting “and the Secretary of Transportation with respect to the Coast Guard when it is not operating as a service in the Navy” immediately after “Secretary of Defense”.

12. 1985

    Department of Defense Authorization Act, 1986

    Pub. L. 99–145 title XIII § 1303(b)(5) · 99 Stat. 583

    Inserted · 37 U.S.C. § 402(b)

    Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “title” at end of fourth sentence

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 99–145 inserted “or as otherwise prescribed by law” after “title” at end of fourth sentence.

    Enacted provision · exact public law section
    (5) Section 402(b) is amended by inserting “or as otherwise prescribed by law” before the period at the end of the fourth sentence.

13. 1991

    Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991

    Pub. L. 102–25 title VII § 702(b)(1) · 105 Stat. 75

    Struck · 37 U.S.C. § 402(e)

    Pub. L. 102–25 struck out “of this section” after “subsection (b)” in pars. (1) and (2)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 102–25 struck out “of this section” after “subsection (b)” in pars. (1) and (2).

    Enacted provision · exact public law section
    (1) by striking out “of this section” each place it appears (other than as provided in subsection (c));

14. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 602(a) · 110 Stat. 186

    1. Amended · 37 U.S.C. § 402(b)

       Pub. L. 104–106, § 602(a), (b), designated first sentence as par. (1)

    2. Redesignated · 37 U.S.C. § 402(b)

       Pub. L. 104–106, § 602(a), (b), redesignated former pars. (1), (2), and (3) as subpars. (A), (B), and (C), respectively, of par. (1)

    3. Amended · 37 U.S.C. § 402(b)

       Pub. L. 104–106, § 602(a), (b), designated second to fourth sentences as par. (2)

    4. Amended · 37 U.S.C. § 402(b)

       Pub. L. 104–106, § 602(a), (b), designated fifth and sixth sentences as par. (3)

    5. Added · 37 U.S.C. § 402(b)

       Pub. L. 104–106, § 602(a), (b), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–106, § 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).

    Enacted provision · exact public law section
    (a) Percentage Limitation.— Subsection (b) of section 402 of title 37, United States Code, is amended by adding after the last sentence the following new paragraph: “(4) In the case of enlisted members of the Army, Navy, Air Force, or Marine Corps who, when present at their permanent duty station, reside without dependents in Government quarters, the Secretary concerned may not provide a basic allowance for subsistence to more than 12 percent of such members under the jurisdiction of the Secretary concerned. The Secretary concerned may exceed such percentage if the Secretary determines that compliance would increase costs to the Government, would impose financial hardships on members otherwise entitled to a basic allowance for subsistence, or would reduce the quality of life for such members. This paragraph shall not apply to members described in the first sentence when the members are not residing at their permanent duty station. The Secretary concerned shall achieve the percentage limitation specified in this paragraph as soon as possible after the date of the enactment of this paragraph, but in no case later than September 30, 1996.”.

15. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 602(c)(1)(A) · 110 Stat. 186

    Substituted · 37 U.S.C. § 402(e)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    (A) in paragraph (1), by striking out “the third sentence of subsection (b)” and inserting in lieu thereof “subsection (b)(2)”; and

16. 1996

    National Defense Authorization Act for Fiscal Year 1996

    Pub. L. 104–106 § 602(c)(1)(B) · 110 Stat. 186

    Substituted · 37 U.S.C. § 402(e)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) in paragraph (2), by striking out “subsection (b)” and inserting in lieu thereof “subsection (b)(2)”.

17. 1997

    National Defense Authorization Act for Fiscal Year 1998

    Pub. L. 105–85 div. A title VI § 602(a) · 111 Stat. 1629

    Amended · 37 U.S.C. § 402

    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

    Source evidence

    Code amendment note
    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.

    Enacted provision · exact public law section
    (a) Entitlement to Allowance.— Section 402 of title 37, United States Code, is amended to read as follows: “(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) 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. “(f) 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).”.

18. 1998

    Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

    Pub. L. 105–261 div. A title VI § 604(a) · 112 Stat. 1920

    1. Added · 37 U.S.C. § 402(e)(g)

       Pub. L. 105–261 added subsec. (e)

    2. Redesignated · 37 U.S.C. § 402(e)(g)

       Pub. L. 105–261 redesignated former subsecs. (e) and (f) as (f) and (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (e) to (g). Pub. L. 105–261 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.

    Enacted provision · exact public law section
    (a) In General.— Section 402 of title 37, United States Code, is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; and (2) by inserting after subsection (d) the following new subsection: “(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.”.

19. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 37 U.S.C. § 402(b)(1)

    Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a)(1)], substituted “Through December 31, 2001, the monthly rate” for “The monthly rate” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a)(1)], substituted “Through December 31, 2001, the monthly rate” for “The monthly rate” in introductory provisions.

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

20. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    1. Added · 37 U.S.C. § 402(b)(2); 37 U.S.C. § 402(b)(3)

       Pub. L. 106–398, § 1 [[div. A], title VI, § 603(a)(2), (3)], added par. (2)

    2. Redesignated · 37 U.S.C. § 402(b)(2); 37 U.S.C. § 402(b)(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

21. 2000

    Pub. L. 106–398 § 1(dA) · 114 Stat. 1654

    Substituted · 37 U.S.C. § 402(d)(1)

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

    Source evidence

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

    Enacted provision · exact public law section
    SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.

22. 2001

    National Defense Authorization Act for Fiscal Year 2002

    Pub. L. 107–107 div. A title VI § 604(a) · 115 Stat. 1012

    Added · 37 U.S.C. § 402(b)(4)

    Pub. L. 107–107 added par. (4)

    Source evidence

    Code amendment note
    Subsec. (b)(4). Pub. L. 107–107 added par. (4).

    Enacted provision · exact public law section
    (a) Baseline Amount for Calculating Allowance for Enlisted Members.— Section 402(b) of title 37, United States Code, is amended by adding at the end the following new paragraph: “(4) For purposes of implementing paragraph (2), 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.”.

23. 2002

    Homeland Security Act of 2002

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

    Substituted · 37 U.S.C. § 402(d)

    Pub. L. 107–296, 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 Pub. L. 107–314, see above and Effective Date of 2002 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 107–296, 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 Pub. L. 107–314, see above and Effective Date of 2002 Amendment note below.

    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”.

24. 2002

    Pub. L. 107–314 div. A title VI § 603 · 116 Stat. 2458

    Amended · 37 U.S.C. § 402(d)

    Pub. L. 107–314 amended heading and text of subsec. (d) generally. Prior to amendment, text read as follows:

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 107–314 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.”

    Enacted provision · exact public law section
    SEC. 603. RATE OF BASIC ALLOWANCE FOR SUBSISTENCE FOR ENLISTED PERSONNEL OCCUPYING SINGLE GOVERNMENT QUARTERS WITHOUT ADEQUATE AVAILABILITY OF MEALS. Section 402(d) of title 37, United States Code, is amended to read as follows: “(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)(2) 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.”.

25. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1045(b)(2)(A)(i) · 117 Stat. 1392

    1. Redesignated · 37 U.S.C. § 402(b)(1)

       Pub. L. 108–136, § 1045(b)(2)(A)(i)–(iii), redesignated par. (2) as (1)

    2. Substituted · 37 U.S.C. § 402(b)(1)

       Pub. L. 108–136, § 1045(b)(2)(A)(i)–(iii), substituted “The” for “On and after January 1, 2002, the”

    3. Struck · 37 U.S.C. § 402(b)(1)

       Pub. L. 108–136, § 1045(b)(2)(A)(i)–(iii), struck out former par. (1) which read as follows: “Through December 31, 2001, 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:

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–136, § 1045(b)(2)(A)(i)–(iii), redesignated par. (2) as (1), substituted “The” for “On and after January 1, 2002, the”, and struck out former par. (1) which read as follows: “Through December 31, 2001, 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.”

    Enacted provision · exact public law section
    (i) by striking paragraph (1);

26. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1045(b)(2)(A)(ii) · 117 Stat. 1392

    Redesignated · 37 U.S.C. § 402(b)(2)

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

    Source evidence

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

    Enacted provision · exact public law section
    (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;

27. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1045(b)(2)(A)(ii) · 117 Stat. 1392

    1. Redesignated · 37 U.S.C. § 402(b)(3); 37 U.S.C. § 402(b)(4)

       Pub. L. 108–136, § 1045(b)(2)(A)(ii), (iv), redesignated par. (4) as (3)

    2. Redesignated · 37 U.S.C. § 402(b)(3); 37 U.S.C. § 402(b)(4)

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

    Source evidence

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

    Enacted provision · exact public law section
    (ii) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively;

28. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 1045(b)(2)(B) · 117 Stat. 1392

    Substituted · 37 U.S.C. § 402(d)

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

    Source evidence

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

    Enacted provision · exact public law section
    (B) in subsection (d), by striking “subsection (b)(2)” and inserting “subsection (b)(1)”.

29. 2003

    National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 604 · 117 Stat. 1392

    1. Added · 37 U.S.C. § 402(f)(h)

       Pub. L. 108–136, § 604, added subsec. (f)

    2. Redesignated · 37 U.S.C. § 402(f)(h)

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

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 604. SPECIAL SUBSISTENCE ALLOWANCE AUTHORITIES FOR MEMBERS ASSIGNED TO HIGH-COST DUTY LOCATION OR UNDER OTHER UNIQUE AND UNUSUAL CIRCUMSTANCES.   Section 402 of title 37, United States Code, is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (h), respectively; and (2) by inserting after subsection (e) the following new subsection: “(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.” .

30. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 607(a)(2) · 119 Stat. 3136

    Redesignated · 37 U.S.C. § 402(h)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by inserting after subsection (g) the following new subsection: “(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 during any month covered by paragraph (3) in which the member is entitled to a basic allowance for subsistence under this section. “(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. “(3) Effective date. This subsection shall apply to months beginning during the period beginning on October 1, 2005, and ending on December 31, 2006.” .

31. 2006

    National Defense Authorization Act for Fiscal Year 2006

    Pub. L. 109–163 § 607(a)(1) · 119 Stat. 3136

    Redesignated · 37 U.S.C. § 402(i)

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

    Source evidence

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

    Enacted provision · exact public law section
    (1) by redesignating subsection (h) as subsection (i); and

32. 2006

    John Warner National Defense Authorization Act for Fiscal Year 2007

    Pub. L. 109–364 div. A title VI § 603(a) · 120 Stat. 2083

    Substituted · 37 U.S.C. § 402(h)(3)

    Pub. L. 109–364 substituted “December 31, 2007” for “December 31, 2006”

    Source evidence

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

    Enacted provision · exact public law section
    (a) Extension.— Section 402(h)(3) of title 37, United States Code, is amended by striking “December 31, 2006” and inserting “December 31, 2007”.

33. 2008

    National Defense Authorization Act for Fiscal Year 2008

    Pub. L. 110–181 div. A title VI § 614(h) · 122 Stat. 3

    Substituted · 37 U.S.C. § 402(h)(3)

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

    Target inherited from the preceding amendment note.

    Source evidence

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

    Enacted provision · exact public law section
    (h) Prohibition on Charges for Meals Received at Military Treatment Facilities by Members Receiving Continuous Care.— Section 402(h)(3) of such title is amended by striking “December 31, 2007” and inserting “December 31, 2008”.

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

34. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 602(1) · 122 Stat. 4356

    Struck · 37 U.S.C. § 402(h)(1)

    Pub. L. 110–417, § 602(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”

    Source evidence

    Code amendment note
    Subsec. (h)(1). Pub. L. 110–417, § 602(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”.

    Enacted provision · exact public law section
    (1) in paragraph (1), by striking “during any month covered by paragraph (3)” and all that follows through “this section”; and

35. 2008

    Duncan Hunter National Defense Authorization Act for Fiscal Year 2009

    Pub. L. 110–417 § 602(2) · 122 Stat. 4356

    Struck · 37 U.S.C. § 402(h)(3)

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

    Source evidence

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

    Enacted provision · exact public law section
    (2) by striking paragraph (3).

36. 2025

    Pub. L. 119–60 § 621(a)(1)(A) · 139 Stat. 908

    1. Added · 37 U.S.C. § 402(b)(1)

       Pub. L. 119–60, § 621(a)(1)(A), added par. (1)

    2. Struck · 37 U.S.C. § 402(b)(1)

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

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 119–60, § 621(a)(1)(A), 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.

37. 2025

    Pub. L. 119–60 § 621(a)(1)(B) · 139 Stat. 908

    Struck · 37 U.S.C. § 402(b)(3)

    Pub. L. 119–60, § 621(a)(1)(B), 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.”

    Unresolved: Pub. L. 119–60 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 119–60, § 621(a)(1)(B), 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.”

46 of 52 references resolved to an enrolled provision · 3 partial · 3 unresolved