10 U.S.C. § 8241

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 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).

10 U.S.C. § 8241

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for enlisted members of the naval service under conditions and at rates prescribed by the Secretary of the Navy is superseded by §301 of the Career Compensation Act of 1949 ( 37 U.S.C. 251 ).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

AMENDMENTS2018- 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.

active duty: The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
enlisted member: The term "enlisted member" means a person in an enlisted grade.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
uniformed services: 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.