§ 8772. Quarters: accommodations in place for members on sea duty or assigned to duty in connection with commissioning or fitting out of a ship

2,394 words·~11 min read·/usc/title-10/section-8772

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(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 or assigned to duty in connection with commissioning or fitting out of a ship who is deprived of his quarters on board ship because of repairs, because the ship is under construction and is not yet habitable, 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[(b) Repealed.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, § 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.

(1)A member 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 member’s quarters uninhabitable may be reimbursed for expenses incurred in obtaining housing if it is impracticable to furnish the member with accommodations under subsection (a).

(2)The total amount that a member may be reimbursed under this subsection may not exceed an amount equal to the basic allowance for housing of a member of that member’s grade.

(3)This subsection shall not apply to a member who is entitled to basic allowance for housing.

(4)The Secretary may prescribe regulations to carry out this subsection.

(1)The Secretary may reimburse a member of the naval service assigned to duty in connection with commissioning or fitting out of a ship in Pascagoula, Mississippi, or Bath, Maine, who is deprived of quarters on board a ship because the ship is under construction and is not yet habitable, or because of other conditions that make the member’s quarters uninhabitable, for expenses incurred in obtaining housing, but only when the Navy is unable to furnish the member with lodging accommodations under subsection (a).

(2)The total amount that a member may be reimbursed under this subsection may not exceed an amount equal to the basic allowance for housing of a member without dependents of that member’s grade.

(3)A member without dependents, or a member who resides with dependents while assigned to duty in connection with commissioning or fitting out of a ship at one of the locations specified in paragraph (1), may not be reimbursed under this subsection.

(4)The Secretary may prescribe regulations to carry out this subsection.

(Aug. 10, 1956, ch. 1041, 70A Stat. 468, § 7572; Pub. L. 89–718, § 8(a), Nov. 2, 1966, 80 Stat. 1117; Pub. L. 96–357, § 3, Sept. 24, 1980, 94 Stat. 1182; Pub. L. 96–513, title V, § 513(41), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 97–60, title II, § 207(b), Oct. 14, 1981, 95 Stat. 1007; Pub. L. 98–94, title IX, § 912(a), Sept. 24, 1983, 97 Stat. 640; Pub. L. 98–525, title VI, §§ 602(d)(3), 603(a), title XIV, § 1405(54), Oct. 19, 1984, 98 Stat. 2536, 2537, 2625; Pub. L. 99–145, title VI, § 606(a), Nov. 8, 1985, 99 Stat. 638;

Pub. L. 99–661, div. A, title VI, § 603(a), Nov. 14, 1986, 100 Stat. 3874; Pub. L. 102–190, div. A, title VI, § 607(a), (b), Dec. 5, 1991, 105 Stat. 1375; Pub. L. 105–85, div. A, title VI, § 603(d)(2)(D), Nov. 18, 1997, 111 Stat. 1783; Pub. L. 105–261, div. A, title X, § 1069(a)(7), Oct. 17, 1998, 112 Stat. 2136; Pub. L. 112–81, div. A, title VI, § 602(a)–(d)(1), Dec. 31, 2011, 125 Stat. 1447, 1448; Pub. L. 112–239, div. A, title X, § 1076(a)(5), Jan. 2, 2013, 126 Stat. 1948; renumbered § 8772, Pub. L. 115–232, div. A, title VIII, § 807(d)(9), Aug. 13, 2018, 132 Stat. 1837.)

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.

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