10-U.S.C.-1147

10-U.S.C.-1147

§1147 – Use of Military Family Housing

Pathway

Title 10 > Subtitle A > Part II > Chapter 58 > Section 1147

Details

  • Reference: Section 1147
  • Legend: §1147 – Use of Military Family Housing
  • USCode Year: 2013

Provision Content

(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 individuals 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 members 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 individuals 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.

(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.)

Amendments

2013—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.

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 Functions

For 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.

U.S. Encyclopedia of Law Coverage

10-U.S.C.-1130 in the Legal Encyclopedia: General Military Law

In this entry about 10-U.S.C.-1130, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-1108 in the Legal Encyclopedia: Enlistments

In this entry about 10-U.S.C.-1108, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

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