10 U.S.C. § 1147

Current through P.L. 118-64 (published on www.congress.gov on 05/24/2024), except for [P. L. 118-63]

Section 1147 - Use of military family housing

(a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.-

(1) The Secretary of a military department may, pursuant to regulations prescribed by the Secretary of Defense, permit individuals who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with other members of the individual's household) in military family housing provided or leased by the Department of Defense to such individual as a member of the armed forces.

(2) The Secretary concerned may prescribe regulations to permit members of the Coast Guard who are involuntarily separated during the period beginning on October 1, 2012, and ending on December 31, 2018, to continue for not more than 180 days after the date of such separation to reside (along with others of the member's household) in military family housing provided or leased by the Coast Guard to the individual as a member of the armed forces.

(b) RENTAL CHARGES.-The Secretary concerned, pursuant to such regulations, shall require a reasonable rental charge for the continued use of military family housing under subsection (a), except that such Secretary may waive all or any portion of such charge in any case of hardship.

(c) NO TRANSITIONAL BASIC ALLOWANCE FOR HOUSING.-Nothing in this section shall be construed to authorize the Secretary concerned to continue to provide for any period of time to an individual who is involuntarily separated all or any portion of a basic allowance for housing to which the individual was entitled under section 403 of title 37 immediately before being involuntarily separated, even in cases in which the individual or members of the individual's household continue to reside after the separation in a housing unit acquired or constructed under the alternative authority of subchapter IV of chapter 169 of this title that is not owned or leased by the United States.

10 U.S.C. § 1147

Added Pub. L. 101-510, div. A, title V, §502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103-160, div. A, title V, §561(i), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103-337, div. A, title V, §542(a)(6), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105-261, div. A, title V, §561(j), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106-398, §1 [[div. A], title V, §571(j)], Oct. 30, 2000, 114 Stat. 1654, 1654A-135; Pub. L. 112-239, div. A, title VI, §632, Jan. 2, 2013, 126 Stat. 1782.

EDITORIAL NOTES

AMENDMENTS2013-Subsec. (a)(1). Pub. L. 112-239, §632(a)(1), substituted "October 1, 2012, and ending on December 31, 2018" for "October 1, 1990, and ending on December 31, 2001".Subsec. (a)(2). Pub. L. 112-239, §632(a)(2), (c), substituted "The Secretary concerned" for "The Secretary of Transportation" and "October 1, 2012, and ending on December 31, 2018" for "October 1, 1994, and ending on December 31, 2001". Subsec. (c). Pub. L. 112-239, §632(b), added subsec. (c). 2000-Subsec. (a). Pub. L. 106-398 substituted "December 31, 2001" for "September 30, 2001" in pars. (1) and (2). 1998-Subsec. (a)(1). Pub. L. 105-261, §561(j)(1), substituted "during the period beginning on October 1, 1990, and ending on September 30, 2001" for "during the nine-year period beginning on October 1, 1990".Subsec. (a)(2). Pub. L. 105-261, §561(j)(2), substituted "during the period beginning on October 1, 1994, and ending on September 30, 2001" for "during the five-year period beginning on October 1, 1994".1994-Subsec. (a). Pub. L. 103-337 designated existing provisions as par. (1) and added par. (2). 1993-Subsec. (a). Pub. L. 103-160 substituted "nine-year period" for "five-year period".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103-337 applicable only to members of the Coast Guard who are separated after Sept. 30, 1994, see section 542(e) of Pub. L. 103-337 set out as a note under section 1141 of this title.

TRANSFER OF FUNCTIONSFor transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d),and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

Secretary concerned

The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.

armed forces

The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.