§7572 . Quarters: accommodations in place of for members on sea duty
(a) If public quarters are not available, the Secretary of the Navy may provide lodging accommodations for any-
(1) member of the naval service;
(2) member of the Coast Guard when it is operating as a service in the Navy; or
(3) member of the National Oceanic and Atmospheric Administration serving with the Navy;
on sea duty who is deprived of his quarters on board ship because of repairs or because of other conditions that make his quarters uninhabitable. Lodging accommodations so provided may not be occupied by the member's dependents.
(b)(1) Under such regulations as the Secretary prescribes, a member of a uniformed service on sea duty who is deprived of quarters on board ship because of repairs or because of other conditions that make the member's quarters uninhabitable and for whom it is impracticable to furnish accommodations under subsection (a) may be reimbursed for expenses incurred in obtaining quarters in an amount not more than the total of-
(A) the basic allowance for quarters payable to a member of the same pay grade without dependents for the period during which the member is deprived of quarters on board ship; and
(B) the variable housing allowance that could be paid to a member of the same pay grade under section 403a of title 37 at the location where the member is deprived of quarters on board ship for the period during which the member is deprived of quarters on board ship.
(2) A member entitled to receipt of basic allowance for quarters may not be reimbursed for expenses under this subsection when deprived of quarters on board ship at a location at which the member can reside with such member's dependents.
(3) The total amount of reimbursement under this subsection may not exceed $1,657,000 for each of the fiscal years 1987 through 1992.
(4) The authority provided under this subsection shall expire on September 30, 1992.
(c) The Secretary, to the extent he considers proper, may delegate the authority conferred by subsection (a) to any person in the Department of the Navy, with or without the authority to make successive redelegations.
(d)(1) After the expiration of the authority provided in subsection (b), an officer of the naval service on sea duty who is deprived of quarters on board ship because of repairs or because of other conditions that make the officer's quarters uninhabitable may be reimbursed for expenses incurred in obtaining quarters if it is impracticable to furnish the officer with accommodations under subsection (a).
(2) The total amount that an officer may be reimbursed under this subsection may not exceed an amount equal to the basic allowance for quarters of an officer of that officer's grade.
(3) This subsection shall not apply to an officer who is entitled to basic allowance for quarters.
(4) The Secretary may prescribe regulations to carry out this subsection.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7572(a) | 34 U.S.C. 911a (as applicable to members on sea duty). | Aug. 2, 1946, ch. 756, §15 (as applicable to members on sea duty), |
| 5 U.S.C. 421g(b). | Aug. 2, 1946, ch. 756, §40(b), |
|
| 7572(b) | 34 U.S.C. 915. | June 19, 1942, ch. 419, §1, |
| 7572(c) | 5 U.S.C. 412a. | Aug. 2, 1946, ch. 756, §39, |
In subsection (a) the word "public" is substituted for the words "possessed by the United States" and the subsection is phrased in terms of availability, as it is so interpreted. The itemization of personnel categories for whom quarters may be furnished is inserted to execute the definition of "naval personnel", made applicable to this section by 5 U.S.C. 421g. The requirement in that definition that personnel be on active duty is omitted since this subsection applies only to personnel on sea duty.
In subsection (b) the words "and who is not entitled to basic allowance for quarters" are inserted to make it clear that the entitlement under this subsection, as interpreted, is not in addition to basic allowance for quarters. The words "in obtaining quarters" are inserted for clarity. The words "basic allowance for quarters of an officer of his grade" are substituted for the words "his quarters allowance" because, under the Career Compensation Act of 1949, members without dependents are not entitled to a quarters allowance when on sea duty, and the limitation must be based upon the allowance of an officer of the same grade who is entitled thereto.
In subsection (c) the words "except the authority to prescribe regulations" are omitted, since subsection (a) does not contain such authority.
Amendments
1991-Subsec. (b).
Subsec. (d).
1986-Subsec. (b)(3).
1985-Subsec. (b)(3).
1984-Subsec. (b)(1)(B).
Subsec. (b)(3).
1983-Subsec. (b)(3).
1981-Subsec. (b).
1980-Subsec. (a)(3).
Subsec. (b).
1966-Subsec. (a)(3).
Effective Date of 1991 Amendment
Section 607(c) of
Effective Date of 1986 Amendment
Section 603(a) of
Effective Date of 1985 Amendment
Effective Date of 1984 Amendment
Amendment by section 602(d)(3) of
Effective Date of 1981 Amendment
Section 207(c) of
Effective Date of 1980 Amendment
Amendment by
Effective and Termination Date of 1980 Amendment
Section 3 of
Repeals
The directory language of, but not the amendment made by,
Cross References
Similar provisions with respect to the Coast Guard, see section 475 of Title 14, Coast Guard.
Section Referred to in Other Sections
This section is referred to in title 33 section 857a.