§1147 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of a military department may let service members who are forced to leave the military between October 1, 2012, and December 31, 2018, stay in military family housing they were using while in the service for up to 180 days after they leave. The Department of Defense will set the rules for this, and the Coast Guard may set similar rules for its members. A fair rent must be charged for staying in the housing, but the Secretary can waive all or part of the rent if hardship exists. This does not allow continuing any part of the basic housing allowance the person had right before leaving, even if they keep living in housing built or acquired under a special program that is not owned or leased by the United States.

Title 10, §1147

Armed Forces — Source: USLM XML via OLRC

(a)(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)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)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.

Notes & Related Subsidiaries

Editorial Notes

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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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 section 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.

§1147 Use of Military Family Housing