Pub. L. 104-201, div. A, tit. VI, subtit. A, sec. 604
AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN MEMBERS WITHOUT DEPENDENTS WHO SERVE ON SEA DUTY.
SEC. 604. AVAILABILITY OF BASIC ALLOWANCE FOR QUARTERS FOR CERTAIN MEMBERS WITHOUT DEPENDENTS WHO SERVE ON SEA DUTY. (a) Entitlement of Single Members Above Grade E–5.— Section 403(c)(2) of title 37, United States Code, is amended— (1) by striking out “A member” in the first sentence and inserting in lieu thereof “(A) Except as provided in subparagraphs (B) and (C), a member”; and (2) by striking out the second sentence. (b) Entitlement of Certain Single Members in Grade E–5.— Such section is further amended by adding at the end the following new subparagraph: “(B) Under regulations prescribed by the Secretary concerned, the Secretary may authorize the payment of a basic allowance for quarters to a member of a uniformed service without dependents who is serving in pay grade E–5 and is assigned to sea duty. In prescribing regulations under this subparagraph, the Secretary concerned shall consider the availability of quarters for members serving in pay grade E–5.”. (c) Entitlement When Both Spouses in Grades Below Grade E–6 Are Assigned to Sea Duty.— Such section is further amended by inserting after subparagraph (B), as added by subsection (b), the following new subparagraph: “(C) Notwithstanding section 421 of this title, two members of the uniformed services in a pay grade below pay grade 110 STAT. 2541E–6 who are married to each other, have no other dependents, and are simultaneously assigned to sea duty are jointly entitled to one basic allowance for quarters during the period of such simultaneous sea duty. The amount of the allowance shall be based on the without dependents rate for the pay grade of the senior member of the couple. However, this subparagraph shall not apply to a couple if one or both of the members are entitled to a basic allowance for quarters under subparagraph (B).”. (d) Conforming Amendment Regarding Variable Housing Allowance.— Section 403a(b)(2)(C) of title 37, United States Code, is amended by striking out “E–6” and inserting in lieu thereof “E–4” (e) Effective Date.— The amendments made by this section shall take effect on July 1, 1997.