§ 1011. — Mess operations: reimbursement of expenses.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC1011]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 19--ADMINISTRATION
Sec. 1011. Mess operation: reimbursement of expenses
(a) The Secretary of Defense shall, by regulation, establish rates
for meals sold at messes to officers, civilians, and enlisted members.
Such rates shall be established at a level sufficient to provide
reimbursement of operating expenses and food costs to the appropriations
concerned, but members of the uniformed services and civilians in a
travel status receiving a per diem allowance in lieu of subsistence
shall be charged at a rate of not less than $2.50 per day.
Notwithstanding the preceding sentence, if the Secretary determines that
it is in the best interest of the United States, the Secretary may
reduce a rate for meals established under this subsection by the amount
of that rate attributable to operating expenses.
(b) For the purposes of this section, payment for meals at the rates
established under this section may be made in cash or, in the case of
enlisted members or civilian employees, by deduction from pay. Members
of organized nonprofit youth groups sponsored at either the national or
local level, when extended the privilege of visiting a military
installation or when residing at a military installation pursuant to an
agreement in effect on June 30, 1986, and permitted to eat in the
general mess by the commanding officer of the installation, shall pay
the commuted ration cost of such meal or meals.
(c) Spouses and dependent children of enlisted members in pay grades
E-1, E-2, E-3, and E-4 may not be charged for meals sold at messes in
excess of a level sufficient to cover food costs.
(d) When the Coast Guard is not operating as a service in the Navy,
the Secretary of Homeland Security shall establish rates for meals sold
at Coast Guard dining facilities, provide for reimbursement of operating
expenses and food costs to the appropriations concerned, and reduce the
rates for such meals when the Secretary determines that it is in the
best interest of the United States to do so.
(Added Pub. L. 96-513, title IV, Sec. 413, Dec. 12, 1980, 94 Stat. 2906;
amended Pub. L. 99-145, title VIII, Sec. 810(a), Nov. 8, 1985, 99 Stat.
681; Pub. L. 99-661, div. A, title VI, Sec. 655, Nov. 14, 1986, 100
Stat. 3891; Pub. L. 101-189, div. A, title III, Sec. 321, Nov. 29, 1989,
103 Stat. 1413; Pub. L. 104-324, title II, Sec. 214(a), Oct. 19, 1996,
110 Stat. 3915; Pub. L. 107-296, title XVII, Sec. 1704(c), Nov. 25,
2002, 116 Stat. 2314.)
Amendments
2002--Subsec. (d). Pub. L. 107-296 substituted ``of Homeland
Security'' for ``of Transportation''.
1996--Subsec. (d). Pub. L. 104-324 added subsec. (d).
1989--Subsec. (a). Pub. L. 101-189 substituted ``and enlisted
members'' for ``or enlisted members entitled to a per diem
transportation allowance determined under section 404(d)(2) of this
title'' and inserted at end ``Notwithstanding the preceding sentence, if
the Secretary determines that it is in the best interest of the United
States, the Secretary may reduce a rate for meals established under this
subsection by the amount of that rate attributable to operating
expenses.''
1986--Subsec. (b). Pub. L. 99-661 inserted ``or when residing at a
military installation pursuant to an agreement in effect on June 30,
1986,'' in second sentence.
1985--Subsec. (c). Pub. L. 99-145 added subsec. (c).
Effective Date of 2002 Amendment
Amendment by Pub. L. 107-296 effective on the date of transfer of
the Coast Guard to the Department of Homeland Security, see section
1704(g) of Pub. L. 107-296, set out as a note under section 101 of Title
10, Armed Forces.
Effective Date of 1985 Amendment
Amendment by Pub. L. 99-145 effective Oct. 1, 1985, see section 813
of Pub. L. 99-145, formerly set out in a Military Family Policy and
Programs note under section 113 of Title 10, Armed Forces.
Effective Date
Section effective Sept. 15, 1981, but the authority to prescribe
regulations under this section effective on Dec. 12, 1980, see section
701 of Pub. L. 96-513, set out as an Effective Date of 1980 Amendment
note under section 101 of Title 10, Armed Forces.
Section Referred to in Other Sections
This section is referred to in section 404 of this title.
