10 USC Ch. 827: RATIONS

From Title 10—ARMED FORCESSubtitle C—Navy and Marine CorpsPART II—PERSONNEL

CHAPTER 827—RATIONS

Sec.

8241.

Navy ration: persons entitled to.

8242.

Rations.

8243.

Fixing cost on certain vessels and stations.

8244.

Enlisted members assigned to mess: basic allowance for subsistence paid to mess.

8245.

Flight rations.

8246.

Subsistence in hospital messes: hospital ration.

8247.

Sale of meals by general messes.

Editorial Notes

Amendments

2018—Pub. L. 115–232, div. A, title VIII, §807(e)(2)(A), (f)(1), Aug. 13, 2018, 132 Stat. 1837, 1838, redesignated chapter 557 of this title as this chapter and items 6081 to 6087 as 8241 to 8247, respectively.

2006—Pub. L. 109–364, div. A, title X, §1071(a)(31), Oct. 17, 2006, 120 Stat. 2399, substituted colon for semicolon in item 6086.

1991—Pub. L. 102–25, title VII, §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, §557(b), Nov. 5, 1990, 104 Stat. 1571, amended item 6082 generally, substituting "Rations" for "Navy ration: composition" in item 6082.

§8241. Navy ration: persons entitled to

(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).

(Aug. 10, 1956, ch. 1041, 70A Stat. 379, §6081; Pub. L. 87–649, §5(c), Sept. 7, 1962, 76 Stat. 494; Pub. L. 105–85, div. A, title VI, §602(b)(2), Nov. 18, 1997, 111 Stat. 1772; renumbered §8241, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6081	34 U.S.C. 901a (1st 2 sentences).	Aug. 2, 1946, ch. 756, §17(a) (1st 2 sentences), 60 Stat. 855.
	5 U.S.C. 421g (b).	Aug. 2, 1946, ch. 756, §40(b), 60 Stat. 858.

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for enlisted members of the naval service under conditions and at rates prescribed by the Secretary of the Navy is superseded by §301 of the Career Compensation Act of 1949 (37 U.S.C. 251).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 §301. The words "or to a per diem in place of subsistence" are inserted to reflect the subsistence allowance authorized by §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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6081 of this title as this section.

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.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

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.

§8242. Rations

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 379, §6082; Pub. L. 101–510, div. A, title V, §557(a), Nov. 5, 1990, 104 Stat. 1570; renumbered §8242, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6082(a)	34 U.S.C. 902a.	Mar. 2, 1933, ch. 184, §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, §2, 47 Stat. 1423.
6082(c)	34 U.S.C. 902c.	Mar. 2, 1933, ch. 184, §3, 47 Stat. 1423.

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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6082 of this title as this section.

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.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

Executive Documents

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.

§8243. Fixing cost on certain vessels and stations

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 8242 of this title, he may fix the cost of each ration for that mess.

(Aug. 10, 1956, ch. 1041, 70A Stat. 380, §6083; renumbered §8243 and amended Pub. L. 115–232, div. A, title VIII, §§807(b)(8), 809(a), Aug. 13, 2018, 132 Stat. 1835, 1840.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6083	34 U.S.C. 902d.	Mar. 2, 1933, ch. 184, §4, 47 Stat. 1423; Aug. 3, 1951, ch. 287, 65 Stat. 151.

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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6083 of this title as this section and substituted "section 8242" for "section 6082".

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8244. Enlisted members assigned to mess: basic allowance for subsistence paid to mess

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 380, §6084; renumbered §8244, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6084	34 U.S.C. 908.	July 1, 1902, ch. 1368, 32 Stat. 680 (4th par.); Mar. 14, 1940, ch. 53, 54 Stat. 50.

The words "basic allowance for subsistence" are substituted for the words "money accruing from the commuted rations" to conform to the terminology of §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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6084 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8245. Flight rations

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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 380, §6085; renumbered §8245, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6085	34 U.S.C. 909.	June 5, 1942, ch. 327, 56 Stat. 308.

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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6085 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8246. Subsistence in hospital messes: hospital ration

(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.

(Aug. 10, 1956, ch. 1041, 70A Stat. 380, §6086; renumbered §8246, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6086	34 U.S.C. 901a (less 1st and 2d sentences).	Aug. 2, 1946, ch. 756, §17(a) (less 1st and 2d sentences), 60 Stat. 855.
	34 U.S.C. 43h(a) (1st 21 words of 2d proviso).	Apr. 16, 1947, ch. 38, §208(a) (1st 25 words of 2d proviso), 61 Stat. 50.

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.

Editorial Notes

Amendments

2018—Pub. L. 115–232 renumbered section 6086 of this title as this section.

Statutory Notes and Related Subsidiaries

Effective Date of 2018 Amendment

§8247. Sale of meals by general messes

Under such regulations as the Secretary of the Navy prescribes, meals may be sold by general messes afloat and ashore.

(Aug. 10, 1956, ch. 1041, 70A Stat. 381, §6087; renumbered §8247, Pub. L. 115–232, div. A, title VIII, §807(b)(8), Aug. 13, 2018, 132 Stat. 1835.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
6087	34 U.S.C. 915b(c).	Aug. 2, 1946, ch. 756, §16(c), 60 Stat. 855.

Editorial Notes

Prior Provisions

Prior sections 8251 and 8252 were renumbered sections 9131 and 9132 of this title.

Another prior section 8252, act Aug. 10, 1956, ch. 1041, 70A Stat. 503, provided that temporary enlistments could be made only in Air Force without specification of component, prior to repeal by Pub. L. 90–235, §2(a)(4)(B), Jan. 2, 1968, 81 Stat. 756.

Amendments

2018—Pub. L. 115–232 renumbered section 6087 of this title as this section.