Executive Order 10119—Regulations Governing the Payment of Basic Allowances for Subsistence to Members of the Uniformed Services

By virtue of the authority vested in me by section 301 of the Career Compensation Act of 1949, approved October 12, 1949, approved October 12, 1949 (Public Law 351, 81st Congress), and as President of the United States and Commander in Chief of the armed forces of the United States, I hereby prescribe the following regulations governing the payment of basic allowances for subsistence to members of the uniformed services:

SECTION 1. Enlisted members who are being subsisted in kind in a mess and whose duties require them to be absent from their station during one or more meals shall be entitled for each such meal to one-third of the daily basic allowance for subsistence authorized for members on duty at stations where rations in kind are not available.

SEC. 2. The Secretary of Defense, the Secretary of the Treasury, the Secretary of Commerce, and the Federal Security Administrator, with respect to the personnel of the uniformed services within their respective agencies, are hereby authorized, subject to the provisions of section 3 hereof, to prescribe such supplemental regulations, not inconsistent herewith, as they may deem necessary or desirable for carrying out the provisions of this order and of the said section 301 of the Career Compensation Act of 1949: Provided, that such regulations shall be uniform so far as practicable for all the services concerned.

SEC. 3. As used in regulations prescribed pursuant to section 2 hereof, those terms of the said section 301 of the Career Compensation Act of 1949 which are quoted in the subsections of this section shall have the meaning or application stated with respect thereto:

(a) The term "entitled to receive basic pay" shall be considered applicable to members while they are on the active list or while they are required to perform duty in accordance with law for which they are entitled to basic pay: Provided, that such term shall not be applicable to any member while absent from duty under conditions which, under laws governing the particular service concerned, would prevent him from receiving full basic pay.

(b) The term "when rations in kind are not available" shall be considered applicable in the case of enlisted members on duty at stations where it is determined, in accordance with regulations prescribed pursuant to section 2 hereof, that it is impracticable for subsistence in kind to be furnished by the Government.

(c) The term "when permission to mess separately is granted" shall be considered applicable in the case of enlisted members on duty at stations or while sick in hospitals where a mess for subsisting enlisted members is available and when such enlisted members are authorized to subsist themselves independently. Such term shall also be considered applicable in the case of enlisted members during all periods of authorized leave, including periods of leave or delay while en route between duty stations.

(d) The term "when assigned to duty under emergency conditions where no Government messing facilities are available" shall be considered applicable in the case of enlisted members assigned to duty under conditions requiring extraordinary expenses for subsistence as determined in accordance with regulations prescribed pursuant to section 2 hereof.

(e) The term "being subsisted at Government expense" shall be considered applicable to enlisted members who are subsisted in kind by the Government and to enlisted members while they are in a travel status and are entitled to a per-diem allowance in lieu of subsistence or to a mileage allowance.

SEC. 4. The existing regulations governing the payment of basic allowances for subsistence to members of the uniformed services prescribed by Executive orders pursuant to the authority contained in the Pay Readjustment Act of 1942 of June 16, 1942, as amended, and existing departmental regulations and determinations with respect to such allowances prescribed or made pursuant to the authority contained in such act or in such Executive orders are hereby adopted and prescribed, so far as applicable and appropriate, as regulations authorized to be prescribed by the President under section 301 of the Career Compensation Act of 1949: Provided, that all such regulations and determinations shall cease to be effective on May 1, 1950.

SEC. 5. Section 4 of this order shall become effective immediately, and sections 1, 2, and 3 shall become effective on May 1, 1950.

HARRY S. TRUMAN

THE WHITE HOUSE,

March 27, 1950