
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7572]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
             CHAPTER 649--QUARTERS, UTILITIES, AND SERVICES
 
Sec. 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    [(b) Repealed. Pub. L. 105-261, div. A, title X, Sec. 1069(a)(7), 
Oct. 17, 1998, 112 Stat. 2136.]
    (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, 70A Stat. 468; Pub. L. 89-718, Sec. 8(a), Nov. 
2, 1966, 80 Stat. 1117; Pub. L. 96-357, Sec. 3, Sept. 24, 1980, 94 Stat. 
1182; Pub. L. 96-513, title V, Sec. 513(41), Dec. 12, 1980, 94 Stat. 
2935; Pub. L. 97-60, title II, Sec. 207(b), Oct. 14, 1981, 95 Stat. 
1007; Pub. L. 98-94, title IX, Sec. 912(a), Sept. 24, 1983, 97 Stat. 
640; Pub. L. 98-525, title VI, Secs. 602(d)(3), 603(a), title XIV, 
Sec. 1405(54), Oct. 19, 1984, 98 Stat. 2536, 2537, 2625; Pub. L. 99-145, 
title VI, Sec. 606(a), Nov. 8, 1985, 99 Stat. 638; Pub. L. 99-661, div. 
A, title VI, Sec. 603(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102-
190, div. A, title VI, Sec. 607(a), (b), Dec. 5, 1991, 105 Stat. 1375; 
Pub. L. 105-85, div. A, title VI, Sec. 603(d)(2)(D), Nov. 18, 1997, 111 
Stat. 1783; Pub. L. 105-261, div. A, title X, Sec. 1069(a)(7), Oct. 17, 
1998, 112 Stat. 2136.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
7572(a)...............................  34 U.S.C. 911a (as applicable to     Au
g. 2, 1946, ch. 756, Sec.  15 (as
                                         members on sea duty).                a
pplicable to members on sea
                                                                              d
uty), 60 Stat. 854.
                                        5 U.S.C. 421g(b).                    Au
g. 2, 1946, ch. 756, Sec.  40(b),
                                                                              6
0 Stat. 858.
7572(b)...............................  34 U.S.C. 915.                       Ju
ne 19, 1942, ch. 419, Sec.  1, 56
                                                                              S
tat. 371.
7572(c)...............................  5 U.S.C. 412a.                       Au
g. 2, 1946, ch. 756, Sec.  39, 60
                                                                              S
tat. 858.
-------------------------------------------------------------------------------
---------------------------------

    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

    1998--Subsec. (b). Pub. L. 105-261 struck out subsec. (b) which 
authorized reimbursements to members of a uniformed service on sea duty 
who are deprived of quarters on board because of repairs or because of 
other conditions, and provided that such authority expire on Sept. 30, 
1992.
    1997--Subsec. (b)(1). Pub. L. 105-85, Sec. 603(d)(2)(D)(i), 
substituted ``the basic allowance for housing payable under section 403 
of title 37 to a member of the same pay grade without dependents for the 
period during which the member is deprived of quarters on board ship.'' 
for ``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.''
    Subsec. (b)(2). Pub. L. 105-85, Sec. 603(d)(2)(D)(ii), substituted 
``basic allowance for housing'' for ``basic allowance for quarters''.
    1991--Subsec. (b). Pub. L. 102-190, Sec. 607(a), amended subsec. to 
read as in effect on Sept. 30, 1991, in par. (3) struck out ``$1,421,000 
for fiscal year 1986 and'' after ``may not exceed'' and substituted 
``1992'' for ``1991'', and added par. (4).
    Subsec. (d). Pub. L. 102-190, Sec. 607(b), added subsec. (d).
    1986--Subsec. (b)(3). Pub. L. 99-661 substituted ``$1,421,000 for 
fiscal year 1986 and $1,657,000 for each of the fiscal years 1987 
through 1991'' for ``$9,000,000 for fiscal year 1981, $6,300,000 for 
fiscal year 1982, $1,700,000 for fiscal year 1983, $1,300,000 for fiscal 
year 1984, $1,421,000 for fiscal year 1985, and $1,421,000 for fiscal 
year 1986''.
    1985--Subsec. (b)(3). Pub. L. 99-145 added limit of $1,421,000 for 
fiscal year 1986.
    1984--Subsec. (b)(1)(B). Pub. L. 98-525, Sec. 1405(54), substituted 
``on board'' for ``onboard''.
    Pub. L. 98-525, Sec. 602(d)(3), substituted ``section 403a'' for 
``section 403''.
    Subsec. (b)(3). Pub. L. 98-525, Sec. 603(a), added limit of 
$1,421,000 for fiscal year 1985.
    1983--Subsec. (b)(3). Pub. L. 98-94 added limits of $1,700,000, and 
$1,300,000 for fiscal years 1983 and 1984, respectively.
    1981--Subsec. (b). Pub. L. 97-60 amended subsec. (b) generally, 
dividing existing provisions into numbered paragraphs (1), (2), and (3), 
inserting in par. (1), provisions relating to the variable housing 
allowance that could be paid to a member of the same pay grade under 
section 403 of title 37 at the location where the member is deprived of 
quarters onboard ship for the period during which the member is deprived 
of quarters on board ship and, in par. (3), inserting provision setting 
a limit of $6,300,000 on the total amount of reimbursement for fiscal 
year 1982.
    1980--Subsec. (a)(3). Pub. L. 96-513 substituted ``National Oceanic 
and Atmospheric Administration'' for ``Environmental Science Services 
Administration''.
    Subsec. (b). Pub. L. 96-357 substituted reimbursement provision when 
conditions make uninhabitable quarters aboard ship for member of 
uniformed services on sea duty limited to basic allowance for quarters 
of member of same grade without dependents for prior such provision for 
officer of naval service on sea duty so deprived of quarters and not 
entitled to basic allowance for quarters and limited to basic allowance 
for quarters of an officer of his grade, made the member able to reside 
with dependents ineligible for reimbursement, and limited reimbursements 
for fiscal year 1981 to $9,000,000.
    1966--Subsec. (a)(3). Pub. L. 89-718 substituted ``Environmental 
Science Services Administration'' for ``Coast and Geodetic Survey''.


                    Effective Date of 1997 Amendment

    Amendment by Pub. L. 105-85 effective Jan. 1, 1998, see section 
603(e) of Pub. L. 105-85, set out as a note under section 5561 of Title 
5, Government Organization and Employees.


                    Effective Date of 1991 Amendment

    Section 607(c) of Pub. L. 102-190 provided that: ``The amendment 
made by subsection (a) [amending this section] shall apply with respect 
to members of the uniformed services who perform sea duty on or after 
October 1, 1991.''


                    Effective Date of 1986 Amendment

    Section 603(a) of Pub. L. 99-661 provided that the amendment made by 
that section is effective Oct. 1, 1986.


                    Effective Date of 1985 Amendment

    Pub. L. 99-190, Sec. 101(b) [title VIII, Sec. 8102], Dec. 19, 1985, 
99 Stat. 1185, 1220, provided that: ``The amendments made to section 
7572(b)(3) of title 10, United States Code, and to section 3 of Public 
Law 96-357 (10 U.S.C. 7572 note) by section 606 of the Department of 
Defense Authorization Act, 1986 [Pub. L. 99-145], shall apply to 
reimbursement of expenses incurred on or after October 1, 1985, by a 
member of a uniformed service on sea duty.''


                    Effective Date of 1984 Amendment

    Amendment by section 602(d)(3) of Pub. L. 98-525 effective Jan. 1, 
1985, with exceptions, see section 602(f) of Pub. L. 98-525, set out as 
a note under section 403 of Title 37, Pay and Allowances of the 
Uniformed Services.


                    Effective Date of 1981 Amendment

    Section 207(c) of Pub. L. 97-60 provided that: ``The amendments made 
by this section [amending this section] shall take effect as of October 
1, 1981.''


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.


            Effective and Termination Date of 1980 Amendment

    Section 3 of Pub. L. 96-357, as amended by Pub. L. 97-60, title II, 
Sec. 207(a), Oct. 14, 1981, 95 Stat. 1007; Pub. L. 98-94, title IX, 
Sec. 912(b), Sept. 24, 1983, 97 Stat. 640; Pub. L. 98-525, title VI, 
Sec. 603(b), Oct. 19, 1984, 98 Stat. 2537; Pub. L. 99-145, title VI, 
Sec. 606(b), Nov. 8, 1985, 99 Stat. 639; Pub. L. 99-661, div. A, title 
VI, Sec. 603(b), Nov. 14, 1986, 100 Stat. 3874, eff. Oct. 1, 1986, 
provided that the amendment made by that section is effective only for 
the period beginning Oct. 1, 1980, and ending Sept. 30, 1991.
    Pub. L. 99-500, Sec. 101(c) [title IX, Sec. 9107], Oct. 18, 1986, 
100 Stat. 1783-82, 1783-119, and Pub. L. 99-591, Sec. 101(c) [title IX, 
Sec. 9107], Oct. 30, 1986, 100 Stat. 3341-82, 3341-119, provided that 
authority for reimbursement provided pursuant to section 3 of Public Law 
96-357 (see above) is extended through Sept. 30, 1987, at an amount not 
to exceed $1,657,000.


                                 Repeals

    The directory language of, but not the amendment made by, Pub. L. 
89-718, Sec. 8(a), Nov. 2, 1966, 80 Stat. 1117, cited as a credit to 
this section, was repealed by Pub. L. 97-295, Sec. 6(b), Oct. 12, 1982, 
96 Stat. 1314.

                  Section Referred to in Other Sections

    This section is referred to in title 33 section 857a.
