|
U.S. Code as of:
01/19/04
Section 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 equal to the sum of -
(A) the monthly rate of basic allowance for subsistence that
was in effect for an enlisted member for the preceding year; plus
(B) the product of the monthly rate under subparagraph (A) and
the percentage increase in the monthly cost of a liberal food
plan for a male in the United States who is between 20 and 50
years of age over the preceding fiscal year, as determined by the
Secretary of Agriculture each October 1.
(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.
(3) 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.
(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, 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) 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) 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).
|
|