§ 6081. Navy ration: persons entitled to  


Latest version.
  • (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; 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.)

Historical And Revision

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for enlisted members of the naval service under conditions and at rates prescribed by the Secretary of the Navy is superseded by § 301 of the Career Compensation Act of 1949 (37 U.S.C. 251).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.

Amendments

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 Amendment

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.