10 U.S.C. § 1147 — Use of military family housing

Page 1221 TITLE 10—ARMED FORCES § 1147 riod when the Coast Guard is not operating as a service in the Navy. (c) MEMBERS RECEIVING SOLE SURVIVORSHIP DISCHARGE.—A member of the armed forces who receives a sole survivorship discharge (as defined in section 1174(i) of this title) is entitled to con- tinue to use commissary and exchange stores and morale, welfare, and recreational facilities in the same manner as a member on active duty during the two-year period beginning on the later of the following dates: (1) The date of the separation of the mem- ber. (2) The date on which the member is first no- tified of the member’s entitlement to benefits under this section. (d) EMERGENCY RESPONSE PROVIDERS DURING A DECLARED MAJOR DISASTER OR EMERGENCY.—The Secretary of Defense may prescribe regulations to allow an emergency response provider (as that term is defined in section 2 of the Home- land Security Act of 2002 (Public Law 107–296; 6 U.S.C. 101)) to use a mobile commissary or ex- change store deployed to an area covered by a declaration of a major disaster or emergency under section 401 of the Robert T. Stafford Dis- aster Relief and Emergency Assistance Act (42 U.S.C. 5170). (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)(5), Oct. 5, 1994, 108 Stat. 2768; Pub. L. 105–261, div. A, title V, § 561(i), Oct. 17, 1998, 112 Stat. 2026; Pub. L. 106–398, § 1 [[div. A], title V, § 571(i)], Oct. 30, 2000, 114 Stat. 1654, 1654A–135; Pub. L. 110–181, div. A, title VI, § 651, Jan. 28, 2008, 122 Stat. 162; Pub. L. 110–317, § 5, Aug. 29, 2008, 122 Stat. 3528; Pub. L. 111–383, div. A, title X, § 1075(b)(16), Jan. 7, 2011, 124 Stat. 4369; Pub. L. 112–239, div. A, title VI, § 631, title X, § 1076(f)(16), Jan. 2, 2013, 126 Stat. 1781, 1952; Pub. L. 116–283, div. A, title VI, § 632, Jan. 1, 2021, 134 Stat. 3682.) Editorial Notes AMENDMENTS 2021—Subsec. (d). Pub. L. 116–283 added subsec. (d). 2013—Subsec. (a). Pub. L. 112–239, § 631(a)(1), (b)(1), substituted ‘‘2018’’ for ‘‘2012’’ and ‘‘The Secretary con- cerned’’ for ‘‘The Secretary of Transportation’’. Subsec. (b). Pub. L. 112–239, § 1076(f)(16), inserted ‘‘when the Coast Guard is not operating as a service in the Navy’’ before period at end. Pub. L. 112–239, § 631(a)(2), (b)(2), substituted ‘‘2018’’ for ‘‘2012’’ and ‘‘The Secretary concerned’’ for ‘‘The Secretary of Homeland Security’’. 2011—Subsec. (a). Pub. L. 111–383, § 1075(b)(16)(A), struck out ‘‘(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEPARATED.—’’ before ‘‘The Secretary’’. Subsec. (b). Pub. L. 111–383, § 1075(b)(16)(B), redesig- nated subsec. (b) relating to benefits for members re- ceiving sole survivorship discharge as (c). Subsec. (c). Pub. L. 111–383, § 1075(b)(16)(B), (C), redes- ignated subsec. (b) relating to benefits for members re- ceiving sole survivorship discharge as (c), struck out ‘‘Benefits for’’ before ‘‘Members’’ in heading, and sub- stituted ‘‘armed forces’’ for ‘‘Armed Forces’’ in intro- ductory provisions and ‘‘the member’s entitlement’’ for ‘‘the members entitlement’’ in par. (2). 2008—Pub. L. 110–317 substituted ‘‘(a) BENEFITS FOR MEMBERS INVOLUNTARILY SEPARATED.—The Secretary of Defense’’ for ‘‘The Secretary of Defense’’ and added subsec. (b) relating to benefits for members receiving sole survivorship discharge. Pub. L. 110–181 inserted ‘‘(a) MEMBERS INVOLUNTARILY SEPARATED FROM ACTIVE DUTY.—’’ before ‘‘The Sec- retary of Defense’’, substituted ‘‘October 1, 2007, and ending on December 31, 2012’’ for ‘‘October 1, 1990, and ending on December 31, 2001’’ in first sentence and ‘‘the same period’’ for ‘‘the period beginning on October 1, 1994, and ending on December 31, 2001’’ in second sen- tence, and added subsec. (b) relating to members invol- untarily separated from the Selected Reserve. 2000—Pub. L. 106–398 substituted ‘‘December 31, 2001’’ for ‘‘September 30, 2001’’ in two places. 1998—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 beginning on October 1, 1990’’ and ‘‘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—Pub. L. 103–337 inserted at end ‘‘The Secretary of Transportation shall implement this provision for Coast Guard members involuntarily separated during the five-year period beginning October 1, 1994.’’ 1993—Pub. L. 103–160 substituted ‘‘nine-year period’’ for ‘‘five-year period’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–317 applicable with re- spect to any sole survivorship discharge granted after Sept. 11, 2001, see section 10 of Pub. L. 110–317, set out as a note under section 2108 of Title 5, Government Or- ganization and Employees. 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. § 1147. Use of military family housing (a) TRANSITION FOR INVOLUNTARILY SEPARATED MEMBERS.—(1) The Secretary of a military de- partment may, pursuant to regulations pre- scribed by the Secretary of Defense, permit indi- viduals who are involuntarily separated during the period beginning on October 1, 2012, and end- ing on December 31, 2018, to continue for not more than 180 days after the date of such separa- tion to reside (along with other members of the individual’s household) in military family hous- ing provided or leased by the Department of De- fense 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 end- ing on December 31, 2018, to continue for not more than 180 days after the date of such separa- tion to reside (along with others of the mem- ber’s household) in military family housing pro- vided or leased by the Coast Guard to the indi- vidual as a member of the armed forces. 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.