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

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. An enlisted member is not entitled to the basic allowance for subsistence during basic training. 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. With respect to a member who is subject to monthly deduction from pay for meals under section 1011(b) of this title , 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. 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. 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. The allowance to an enlisted member may be paid in advance for a period of not more than three months. the member is assigned to single Government quarters which have no adequate food storage or preparation facility in the quarters; and there is no Government messing facility serving those quarters that is capable of making meals available to the occupants of the quarters. 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. Meals at no cost to the member, regardless of the entitlement of the member to a basic allowance for subsistence under subsection (a). 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. 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. 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. 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. in support of Operation Iraqi Freedom or Operation Enduring Freedom; or 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. 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. The regulations shall include the specific rates of basic allowance for subsistence required by subsection (b). Notwithstanding section 402 of title 37 , 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 [ Dec. 28, 2001 ]. 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 section 402 of title 37 , United States Code, exceeds the rate of the basic allowance for subsistence prescribed under paragraph (1).”