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37 U.S.C. § 402 — Basic allowance for subsistence
Federal law — U.S. Code and appendices · legal_authorities
**(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) With respect to a member who is subject to monthly deduction from pay for meals under [section 1011(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1011/b&num=0&edition=prelim), 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 Januar
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Source location: Title 37, Chapter 7, § 402; chapter-007-allowances-other-than-travel-and-transportation-allowances.md
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**(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) With respect to a member who is subject to monthly deduction from pay for meals under [section 1011(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section1011/b&num=0&edition=prelim), 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.—** Unless entitled to basic pay under [section 204 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section204&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section206/a&num=0&edition=prelim), 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).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Subject to regulations prescribed by the President, a member of a uniformed service who is entitled to basic pay is also entitled to incentive pay, in the amount set forth in subsection (b) or (c), for the performance of hazardous duty required by orders. In this subsection, the term “hazardous duty” means duty—
(1) involving frequent and regular participation in aerial flight as a crew member, as determined by the Secretary concerned, except for a member who is entitled to incentive pay under [section 301a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section301a&num=0&edition=prelim);
(2) involving frequent and regular participation in aerial flight, not as a crew member under paragraph (1);
(3) involving parachute jumping as an essential part of military duty;
(4) involving the demolition of explosives as a primary duty, including training for that duty;
(5) inside a high- or low-pressure chamber;
(6) as a human acceleration or deceleration experimental subject;
(7) as a human test subject in thermal stress experiments;
(8) involving frequent and regular participation in flight operations on the flight deck of an aircraft carrier or of a ship other than an aircraft carrier from which aircraft are launched;
(9) involving frequent and regular exposure to highly toxic pesticides or involving laboratory work that utilizes live dangerous viruses or bacteria;
(10) involving (A) the servicing of aircraft or missiles with highly toxic fuels or propellants, (B) the testing of aircraft or missile systems (or components of such systems) during which highly toxic fuels or propellants are used, or (C) the handling of chemical munitions (or components of such munitions);
(11) involving regular participation as a member of a
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 301
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The following persons are entitled to the basic pay of the pay grade to which assigned or distributed, in accordance with their years of service computed under [section 205 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section205&num=0&edition=prelim)—
(1) a member of a uniformed service who is on active duty; and
(2) a member of a uniformed service, or a member of the National Guard who is not a Reserve of the Army or the Air Force, who is participating in full-time training, training duty with pay, or other full-time duty, provided by law, including participation in exercises or the performance of duty under section 10302, 10305, 10502, or 12402 of title 10, or section 503, 504, 505, or 506 of title 32.
**(b)** For the purposes of subsection (a), under regulations prescribed by the President, the time necessary for a member of a uniformed service who is called or ordered to active duty for a period of more than 30 days to travel from his home to his first duty station and from his last duty station to his home, by the mode of transportation authorized in his call or orders, is considered active duty.
**(c)**
(1) A member of the National Guard who is called into Federal service for a period of 30 days or less is entitled to basic pay from the date on which the member, in person or by authorized telephonic or electronic means, contacts the member’s unit.
(2) Paragraph (1) does not authorize any expenditure to be paid for a period before the date on which the unit receives the member’s contact provided under such paragraph.
(3) The Secretary of the Army, with respect to the Army National Guard, and the Secretary of the Air Force, with respect to the Air National Guard, shall prescribe such regulations as may be necessa
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Federal law — U.S. Code and appendices · legal_authorities
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirement for Annual Adjustment.—** Effective on January 1 of each year, the rates of basic pay for members of the uniformed services under [section 203(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section203/a&num=0&edition=prelim) shall be increased under this section.
**(b) Effectiveness of Adjustment.—** An adjustment under this section shall have the force and effect of law.
**(c) Equal Percentage Increase for All Members.—**
(1) An adjustment made under this section in a year shall provide all eligible members with an increase in the monthly basic pay that is the percentage (rounded to the nearest one-tenth of one percent) by which the ECI for the base quarter of the year before the preceding year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(2) Notwithstanding paragraph (1), but subject to subsection (d), the percentage of the adjustment taking effect under this section during each of fiscal years 2004, 2005, and 2006, shall be one-half of one percentage point higher than the percentage that would otherwise be applicable under such paragraph.
(3) In this subsection:
(A) The term “ECI” means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics.
(B) The term “base quarter” for any year is the three-month period ending on September 30 of such year.
**(d) Protection of Member’s Total Compensation While Performing Certain Duty.—**
(1) The total daily equivalent amount of the elements of compensation described in paragraph (3), together with other pay and allowances under this title, to be paid to a member of the uniformed services who is temporarily assigned to duty away from
Source: Supplied U.S. Code snapshot — release unconfirmed · 37 U.S.C. § 1009
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Bonus Authorized.—**
(1) A person described in subsection (b) who, during the period beginning on November 29, 1989, and ending on December 31, 2026, executes a written agreement in accordance with subsection (c) to accept an appointment as a nurse officer may, upon the acceptance of the agreement by the Secretary concerned, be paid an accession bonus of not more than $40,000. The bonus shall be paid in periodic installments, as determined by the Secretary concerned at the time the agreement is accepted, except that the first installment may not exceed $20,000.
(2) In addition to the accession bonus payable under paragraph (1), a person selected under such paragraph shall be entitled to a monthly stipend in an amount not to exceed the stipend rate in effect under [section 2121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2121/d&num=0&edition=prelim) for each month the individual is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution by the Secretary selecting the person. The continuation bonus may be paid for not more than 24 months.
**(b) Eligible Students.—** A person eligible to enter into an agreement under subsection (a) is a person who—
(1) is enrolled as a full-time student in an accredited baccalaureate degree program in nursing at a civilian educational institution that does not have a Senior Reserve Officers’ Training Corps program established under [section 2102 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2102&num=0&edition=prelim) by the Secretary selecting the person or that has a Senior Reserve Officers’ Training Corps program for which the student is ineligible;
(2) has comple
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Each enlisted member of the naval service is entitled to a Navy ration for each day that he is on active duty, including each day that he is on leave.
**(b)** Each midshipman is entitled to a Navy ration for each day that he is on active duty, including each day that he is on leave.
**(c)** The Secretary of the Navy may prescribe regulations stating the conditions under which the ration shall be allowed under subsection (b).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Supplemental Allowance Required.—**
(1) The Secretary concerned shall increase the basic allowance for subsistence to which a member of the armed forces described in subsection (b) is otherwise entitled under [section 402 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section402&num=0&edition=prelim) by an amount (in this section referred to as the “supplemental subsistence allowance”) designed to remove the member’s household from eligibility for benefits under the supplemental nutrition assistance program.
(2) The supplemental subsistence allowance may not exceed $1,100 per month. In establishing the amount of the supplemental subsistence allowance to be paid an eligible member under this paragraph, the Secretary shall take into consideration the amount of the basic allowance for housing that the member receives under [section 403 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section403&num=0&edition=prelim) or would otherwise receive under such section, in the case of a member who is not entitled to that allowance as a result of assignment to quarters of the United States or a housing facility under the jurisdiction of a uniformed service.
(3) In the case of a member described in subsection (b) who establishes to the satisfaction of the Secretary concerned that the allotment of the member’s household under the supplemental nutrition assistance program, calculated in the absence of the supplemental subsistence allowance, would exceed the amount established by the Secretary concerned under paragraph (2), the amount of the supplemental subsistence allowance for the member shall be equal to the lesser of the following:
(A) The value of that allotment.
(B) $1,100.
**(b) Members Enti
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Federal law — U.S. Code and appendices · legal_authorities
Page 155
TITLE 37—PAY AND ALLOWANCES OF THE UNIFORMED
SERVICES
§ 402
Pub. L. 102–190, div. A, title VI, § 621, Dec. 5, 1991,
105 Stat. 1377; Pub. L. 103–160, div. A, title VI,
§ 631(a), Nov. 30, 1993, 107 Stat. 1683; Pub. L.
103–337, div. A, title VII, § 701(b), Oct. 5, 1994, 108
Stat. 2797.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
401 ..........
37:231(g) (less last pro-
viso of last sentence).
Oct. 12, 1949, ch. 681,
§ 102(g) (less last pro-
viso of last sentence),
63 Stat. 804; Sept. 8,
1950, ch. 922, § 1, 64
Stat. 794; Mar. 23, 1953,
ch. 8 (as applicable to
§ 102(g)), 67 Stat. 6;
June 30, 1955, ch. 250,
§ 103 (as applicable to
§ 102(g)), 69 Stat. 224;
Mar. 23, 1959, Pub. L.
86–4, § 3 (as applicable
to § 102(g)), 73 Stat. 13.
The words ‘‘lawful’’, ‘‘at all times and in all places’’,
‘‘except as hereinafter limited in this subsection’’, and
‘‘in addition to those persons otherwise defined as de-
pendents in this subsection’’ are omitted as surplusage.
In clause (1), the word ‘‘spouse’’ is substituted for words
‘‘wife’’ and ‘‘husband’’. Clause (2) is substituted for the
16th through 24th words of the first sentence of section
231(g) of existing title 37 and the third sentence (less
last proviso) of section 231(g) of existing title 37. Clause
(3) is substituted for the second sentence of section
231(g) of existing title 37 and the last sentence (less pro-
visos) of section 231(g) of existing title 37. The second
sentence is substituted for the last proviso of the third
sentence of section 231(g) of existing title 37. The last
sentence is substituted for the first proviso of the last
sentence of section 231(g) of existing title 37.
Editorial Notes
AMENDMENTS
1994—Subsec. (b)(1)(B).
Source: Supplied 2024 U.S. Code historical extraction · 37 U.S.C. § 402
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