10 U.S.C. § 1149 — Excess leave and permissive temporary

Page 1222 TITLE 10—ARMED FORCES § 1148 (b) RENTAL CHARGES.—The Secretary con- cerned, pursuant to such regulations, shall re- quire a reasonable rental charge for the contin- ued use of military family housing under sub- section (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 con- strued 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 involun- tarily separated, even in cases in which the indi- vidual 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 chap- ter 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.) Editorial Notes AMENDMENTS 2013—Subsec. (a)(1). Pub. L. 112–239, § 632(a)(1), sub- stituted ‘‘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), sub- stituted ‘‘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 ‘‘Decem- ber 31, 2001’’ for ‘‘September 30, 2001’’ in pars. (1) and (2). 1998—Subsec. (a)(1). Pub. L. 105–261, § 561(j)(1), sub- stituted ‘‘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 FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 1148. Relocation assistance for personnel over- seas The Secretary of Defense and the Secretary of Homeland Security shall develop a program spe- cifically to assist members of the armed forces stationed overseas who are preparing for dis- charge or release from active duty, and the de- pendents of such members, in readjusting to ci- vilian life. The program shall focus on the spe- cial needs and requirements of such members and dependents due to their overseas locations and shall include, to the maximum extent pos- sible, computerized job relocation assistance and job search information. (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1556; amended Pub. L. 103–337, div. A, title V, § 542(a)(7), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.) Editorial Notes AMENDMENTS 2002—Pub. L. 107–296 substituted ‘‘of Homeland Secu- rity’’ for ‘‘of Transportation’’. 1994—Pub. L. 103–337 inserted ‘‘and the Secretary of Transportation’’ after ‘‘Secretary of Defense’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. 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. PILOT PROGRAM Pub. L. 101–510, div. A, title V, § 502(d), Nov. 5, 1990, 104 Stat. 1558, required the Secretary of Defense to carry out the program required by this section during fiscal year 1991 at not less than 10 military installations lo- cated outside the United States. § 1149. Excess leave and permissive temporary duty Under regulations prescribed by the Secretary of Defense or the Secretary of Homeland Secu- rity with respect to the Coast Guard when it is not operating as a service in the Navy, the Sec- retary concerned shall grant a member of the armed forces who is to be involuntarily sepa- rated such excess leave (for a period not in ex- cess of 30 days), or such permissive temporary duty (for a period not in excess of 10 days), as the member requires in order to facilitate the member’s carrying out necessary relocation ac- tivities (such as job search and residence search activities), unless to do so would interfere with military missions. (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. Page 1223 TITLE 10—ARMED FORCES § 1151 103–337, div. A, title V, § 542(a)(8), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(17), Jan. 2, 2013, 126 Stat. 1952.) Editorial Notes AMENDMENTS 2013—Pub. L. 112–239 inserted ‘‘when it is not oper- ating as a service in the Navy’’ after ‘‘Coast Guard’’. 2002—Pub. L. 107–296 substituted ‘‘of Homeland Secu- rity’’ for ‘‘of Transportation’’. 1994—Pub. L. 103–337 inserted ‘‘or the Secretary of Transportation with respect to the Coast Guard’’ after ‘‘Secretary of Defense’’ and struck out ‘‘of the military department’’ before ‘‘concerned’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. 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. § 1150. Affiliation with Guard and Reserve units: waiver of certain limitations (a) PREFERENCE FOR CERTAIN PERSONS.—A per- son who is separated from the armed forces dur- ing the period beginning on October 1, 1990, and ending on December 31, 2001, and who applies to become a member of a National Guard or Re- serve unit within one year after the date of such separation shall be given preference over other equally qualified applicants for existing or pro- jected vacancies within the unit to which the member applies. (b) LIMITED WAIVER OF STRENGTH LIMITA- TIONS.—Under regulations prescribed by the Sec- retary of Defense, a person covered by sub- section (a) who enters a National Guard or Re- serve unit pursuant to an application described in such subsection may be retained in that unit for up to three years without regard to reserve- component strength limitations so long as the individual maintains good standing in that unit. (c) COAST GUARD.—This section shall apply to the Coast Guard in the same manner and to the same extent as it applies to the Department of Defense. The Secretary of Homeland Security shall prescribe regulations to implement this section for the Coast Guard when it is not oper- ating as a service in the Navy. (Added Pub. L. 101–510, div. A, title V, § 502(a)(1), Nov. 5, 1990, 104 Stat. 1557; amended Pub. L. 102–484, div. A, title V, § 514, Oct. 23, 1992, 106 Stat. 2406; Pub. L. 103–160, div. A, title V, § 561(j), Nov. 30, 1993, 107 Stat. 1668; Pub. L. 103–337, div. A, title V, § 542(a)(9), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(p), Oct. 17, 1998, 112 Stat. 2027; Pub. L. 106–398, § 1 [[div. A], title V, § 571(o)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 112–239, div. A, title X, § 1076(f)(18), Jan. 2, 2013, 126 Stat. 1952.) Editorial Notes AMENDMENTS 2013—Subsec. (c). Pub. L. 112–239 inserted ‘‘when it is not operating as a service in the Navy’’ after ‘‘for the Coast Guard’’. 2002—Subsec. (c). Pub. L. 107–296 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’. 2000—Subsec. (a). Pub. L. 106–398 substituted ‘‘Decem- ber 31, 2001’’ for ‘‘September 30, 2001’’. 1998—Subsec. (a). Pub. L. 105–261 substituted ‘‘during the period beginning on October 1, 1990, and ending on September 30, 2001’’ for ‘‘during the nine-year period be- ginning on October 1, 1990’’. 1994—Subsec. (c). Pub. L. 103–337 added subsec. (c). 1993—Subsec. (a). Pub. L. 103–160 substituted ‘‘nine- year period’’ for ‘‘five-year period’’. 1992—Subsec. (a). Pub. L. 102–484 struck out ‘‘involun- tarily’’ after ‘‘who is’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title. 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. § 1151. Retention of assistive technology and services provided before separation (a) AUTHORITY.—A member of the armed forces who is provided an assistive technology or as- sistive technology device for a severe or debili- tating illness or injury incurred or aggravated by such member while on active duty may, under regulations prescribed by the Secretary of Defense, be authorized to retain such assistive technology or assistive technology device upon the separation of the member from active serv- ice. (b) DEFINITIONS.—In this section, the terms ‘‘assistive technology’’ and ‘‘assistive tech- nology device’’ have the meaning given those terms in section 3 of the Assistive Technology Act of 1998 (29 U.S.C. 3002). (Added Pub. L. 109–364, div. A, title V, § 561(a), Oct. 17, 2006, 120 Stat. 2219.) Editorial Notes PRIOR PROVISIONS A prior section 1151, added Pub. L. 102–484, div. D, title XLIV, § 4441(a)(1), Oct. 23, 1992, 106 Stat. 2725; amended Pub. L. 103–35, title II, § 201(f)(1), May 31, 1993, 107 Stat. 99; Pub. L. 103–160, div. A, title V, § 561(k), title XIII, § 1331(a)–(c)(1), (d)–(g), Nov. 30, 1993, 107 Stat. 1668, 1791–1793; Pub. L. 103–337, div. A, title V, § 543(c), title X, § 1070(a)(7), title XI, § 1131(a), (b), Oct. 5, 1994, 108 Stat. 2769, 2855, 2871; Pub. L. 103–382, title III, § 391(b)(1), (2), Oct. 20, 1994, 108 Stat. 4021; Pub. L. 104–106, div. A, title XV, § 1503(a)(10), Feb. 10, 1996, 110 Stat. 511; Pub. L. 104–201, div. A, title V, § 576(a), Sept. 23, 1996, 110 Stat. 2535; Pub. L. 105–85, div. A, title X, § 1073(a)(19), Nov. 18, 1997, 111 Stat. 1901, related to assistance to separated members to obtain certification and employment as teachers or employment as teachers’ aides, prior to re- peal by Pub. L. 106–65, div. A, title XVII, § 1707(a)(1), Oct. 5, 1999, 113 Stat. 823.