US (United States) Code. Title 10. Subtitle C. Part II. Cahpetr 557: Rations

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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10 USC CHAPTER 557 - RATIONS 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

.

-HEAD-

CHAPTER 557 - RATIONS

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Sec.

6081. Navy ration: persons entitled to.

6082. Rations.

6083. Fixing cost on certain vessels and stations.

6084. Enlisted members assigned to mess: basic allowance for

subsistence paid to mess.

6085. Flight rations.

6086. Subsistence in hospital messes; hospital ration.

6087. Sale of meals by general messes.

AMENDMENTS

1991 - Pub. L. 102-25, title VII, Sec. 701(e)(7), Apr. 6, 1991,

105 Stat. 115, inserted a period after ''6082'' in item 6082.

1990 - Pub. L. 101-510, div. A, title V, Sec. 557(b), Nov. 5,

1990, 104 Stat. 1571, amended item 6082 generally, substituting

''Rations'' for ''Navy ration: composition'' in item 6082.

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10 USC Sec. 6081 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6081. Navy ration: persons entitled to

-STATUTE-

(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).

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 379; Pub. L. 87-649, Sec. 5(c),

Sept. 7, 1962, 76 Stat. 494; Pub. L. 105-85, div. A, title VI,

Sec. 602(b)(2), Nov. 18, 1997, 111 Stat. 1772.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6081 34 U.S.C. 901a (1st Aug. 2, 1946, ch.

2 sentences). 756, Sec. 17(a)

(1st 2 sentences),

60 Stat. 855.

5 U.S.C. 421g (b). Aug. 2, 1946, ch.

756, Sec. 40(b), 60

Stat. 858.

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So much of 34 U.S.C. 901a as authorizes a commuted ration for

enlisted members of the naval service under conditions and at rates

prescribed by the Secretary of the Navy is superseded by Sec. 301

of the Career Compensation Act of 1949 (37 U.S.C. 251). That

section established a basic allowance for subsistence for enlisted

members entitled to basic pay who are not subsisting at Government

expense and prescribes the conditions under which the basic

allowance for subsistence shall be paid and the amount of the

allowance. Pursuant to Executive Order No. 10119, March 30, 1950,

15 F.R. 1757, the Secretary of Defense is authorized to make

supplemental regulations to carry out the provisions of Sec. 301.

The words ''or to a per diem in place of subsistence'' are inserted

to reflect the subsistence allowance authorized by Sec. 303(a) of

the Career Compensation Act of 1949 (37 U.S.C. 253a) to members in

travel status.

In subsection (a) reference to the Coast and Geodetic Survey is

omitted since there are no enlisted personnel in that service, and

reference to the Coast Guard is omitted as covered by 14 U.S.C.

478.

In subsections (a) and (b) the words ''or furlough therefrom''

are omitted as surplusage, and the words ''for each day'' are

inserted to make clear the fact that a ration is a daily allowance

of food and that, in subsection (b), the commuted ration is

credited on a daily basis. The words ''and cadets'' are omitted as

there are no cadets in the Navy or Marine Corps entitled to a Navy

ration. Aviation cadets are entitled to the basic allowance for

subsistence prescribed for officers (34 U.S.C. 850c).

In subsection (c) the words ''prescribed by law'' and ''in

accordance with law'' are omitted as surplusage.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 substituted ''Each enlisted

member'' for ''Except when entitled to a basic allowance for

subsistence or to a per diem in place of subsistence, each enlisted

member''.

1962 - Subsec. (b). Pub. L. 87-649 struck out provisions which

permitted payment of the commuted value of the ration in money.

See section 422(b) of Title 37, Pay and Allowances of the Uniformed

Services.

Subsec. (c). Pub. L. 87-649 struck out provisions which permitted

the Secretary to prescribe regulations for the allowance of the

commuted value of the ration. See section 422(b) of Title 37, Pay

and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section

602(g) of Pub. L. 105-85, set out as a note under section 402 of

Title 37, Pay and Allowances of the Uniformed Services.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-649 effective Nov. 1, 1962, see section

15 of Pub. L. 87-649, set out as an Effective Date note preceding

section 101 of Title 37, Pay and Allowances of the Uniformed

Services.

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10 USC Sec. 6082 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6082. Rations

-STATUTE-

(a) The President may prescribe the components and quantities of

the Navy ration. The President may direct the issuance of

equivalent articles in place of the prescribed components of the

ration if the President determines that economy and the health and

comfort of the members of the naval service require such action.

(b) An enlisted member of the naval service on active duty is

entitled to one ration daily. If an emergency ration is issued, it

is in addition to the regular ration.

(c) Fresh or preserved fruits, milk, butter, and eggs necessary

for the proper diet of the sick and injured in hospitals shall be

provided under regulations prescribed by the Secretary of the Navy.

(d) The Secretary of the Navy may increase the quantity of daily

rations for members of the naval service on a vessel or at a

station that has an authorized complement of less than 150 members

if the President determines that the vessel or station is operating

under conditions that warrant an increase in rations.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 379; Pub. L. 101-510, div. A,

title V, Sec. 557(a), Nov. 5, 1990, 104 Stat. 1570.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6082(a) 34 U.S.C. 902a. Mar. 2, 1933, ch.

184, Sec. 1 (2d

sentence), 47 Stat.

1423; Feb. 21,

1942, ch. 106, 56

Stat. 97.

6082(b) 34 U.S.C. 902b. Mar. 2, 1933, ch.

184, Sec. 2, 47

Stat. 1423.

6082(c) 34 U.S.C. 902c. Mar. 2, 1933, ch.

184, Sec. 3, 47

Stat. 1423.

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In subsection (a) the words ''issued to each person entitled

thereto'' are omitted as surplusage. In clause (2) the words ''or

fresh'' and in clause (6) the words ''together with'' are omitted

as surplusage.

AMENDMENTS

1990 - Pub. L. 101-510 substituted ''Rations'' for ''Navy ration:

composition'' in section catchline and amended text generally,

substituting subsecs. (a) to (d) for former subsecs. (a) to (c)

which specified the contents and quantities of the Navy ration in

detail, authorized issuance of articles in addition to the

authorized quantities, and provided for increases in the daily

allowance of provisions on certain vessels or at certain stations.

-TRANS-

DELEGATION OF AUTHORITY

Authority of President under subsecs. (a) and (d) of this section

to prescribe uniform military ration applicable to Navy delegated

to Secretary of Defense by section 3(a) of Ex. Ord. No. 12781, Nov.

20, 1991, 56 F.R. 59203, set out as a note under section 301 of

Title 3, The President.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 6083 of this title.

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10 USC Sec. 6083 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6083. Fixing cost on certain vessels and stations

-STATUTE-

If the Secretary of the Navy considers that it is undesirable to

administer the mess on any ship or at any station under the

quantity allowance prescribed in section 6082 of this title, he may

fix the cost of each ration for that mess.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6083 34 U.S.C. 902d. Mar. 2, 1933, ch.

184, Sec. 4, 47

Stat. 1423; Aug. 3,

1951, ch. 287, 65

Stat. 151.

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The words ''the cost of each ration for that mess'' are

substituted for the words ''the monetary limit of the cost of

ration aboard such ships and at such stations'' to make it clear

that the figure fixed by the Secretary of the Navy under this

section is the amount the mess may spend per day for food for each

man subsisting at the mess.

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10 USC Sec. 6084 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6084. Enlisted members assigned to mess: basic allowance for

subsistence paid to mess

-STATUTE-

Under such regulations as the Secretary of the Navy prescribes,

the basic allowance for subsistence of enlisted members of the

naval service assigned to duty with and subsisting in an officers'

or other mess, afloat or ashore, may be paid to the mess to which

they are assigned.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6084 34 U.S.C. 908. July 1, 1902, ch.

1368, 32 Stat. 680

(4th par.); Mar.

14, 1940, ch. 53,

54 Stat. 50.

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The words ''basic allowance for subsistence'' are substituted for

the words ''money accruing from the commuted rations'' to conform

to the terminology of Sec. 301 of the Career Compensation Act of

1949 (37 U.S.C. 251). Section 301 of the Career Compensation Act of

1949 supersedes the authority of the Secretary of the Navy to

commute the rations of enlisted members and authorizes in lieu

thereof a basic allowance for subsistence. The words ''enlisted

members of the naval service'' are substituted for the words

''enlisted men'' for uniformity of expression and for clarity. The

word ''legally'' is omitted as surplusage. The words ''and

subsisting in'' are inserted to make it clear that the mess must

actually subsist the enlisted members assigned before the basic

allowance of the members may be paid to the mess. The words ''to

which they are assigned'' are inserted for clarity.

-CITE-

10 USC Sec. 6085 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6085. Flight rations

-STATUTE-

An aircraft flight ration chargeable to the proper Navy or Marine

Corps appropriation may be furnished to members of the naval

service and to civilian employees of the Department of the Navy

while engaged in flight operations. The flight ration is

supplementary to any ration or subsistence allowance to which the

members or employees are otherwise entitled. However, the flight

ration may not be furnished without charge to any person in a

travel status or to any person to whom a per diem allowance is

granted in place of subsistence.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6085 34 U.S.C. 909. June 5, 1942, ch.

327, 56 Stat. 308.

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The words ''members of the naval service and to civilian

employees of the Department of the Navy'' are substituted for the

words ''officers, enlisted men, and civilian employees of the Navy

and Marine Corps'' for uniformity. The words ''in kind'' and the

word ''aircraft'' are omitted as surplusage.

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10 USC Sec. 6086 01/06/03

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TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6086. Subsistence in hospital messes: hospital ration

-STATUTE-

(a) Enlisted members of the naval service on duty in hospitals

and enlisted members of the naval service, including retired

members and members of the Fleet Reserve and the Fleet Marine Corps

Reserve, when sick in hospitals, may be subsisted in hospital

messes. When subsistence is furnished under this subsection, the

appropriation chargeable with the maintenance of the hospital mess

shall be credited at the rate prescribed by the Secretary of the

Navy as the value of the hospital ration.

(b) Under such regulations as the Secretary prescribes, officers

in the Nurse Corps may be subsisted in hospital messes. Each

officer so subsisted shall pay for her subsistence at the rate

fixed by the regulations.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 380.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6086 34 U.S.C. 901a (less Aug. 2, 1946, ch.

1st and 2d 756, Sec. 17(a)

sentences). (less 1st and 2d

sentences), 60

Stat. 855.

34 U.S.C. 43h(a) Apr. 16, 1947, ch.

(1st 21 words of 2d 38, Sec. 208(a)

proviso). (1st 25 words of 2d

proviso), 61 Stat.

50.

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In subsection (a) the words ''active duty'' before the words

''enlisted personnel'' are omitted as surplusage since there is no

authority to hospitalize an enlisted member in a naval hospital

under conditions where he would not be entitled to a hospital

ration. The words ''active and inactive'' before the words

''retired enlisted personnel'' are omitted as surplusage. The word

''members'' is substituted for the word ''personnel'' for

uniformity. The words ''the Fleet Marine Corps Reserve'' are

inserted for clarity since the term ''Fleet Reserve'' in the source

statute is used in a generic sense and includes members of the

Fleet Marine Corps Reserve.

In subsection (b) the words ''that nothing contained in this

section shall deprive such nurses of allowances for subsistence now

or after August 2, 1946, provided by law'' are omitted as

surplusage. Section 301 of the Career Compensation Act of 1949 (37

U.S.C. 251) authorizes a basic allowance for subsistence for all

officers entitled to basic pay.

-CITE-

10 USC Sec. 6087 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART II - PERSONNEL

CHAPTER 557 - RATIONS

-HEAD-

Sec. 6087. Sale of meals by general messes

-STATUTE-

Under such regulations as the Secretary of the Navy prescribes,

meals may be sold by general messes afloat and ashore.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 381.)

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Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

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6087 34 U.S.C. 915b(c). Aug. 2, 1946, ch.

756, Sec. 16(c), 60

Stat. 855.

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