republic-os/legal/us/code/title-10/chapter-58/section-1147.md

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LegalText	10 U.S.C. § 1147	Use of military family housing	us	united_states_code	code_section	10	ARMED FORCES	58	BENEFITS AND SERVICES FOR MEMBERS BEING SEPARATED OR RECENTLY SEPARATED	1147	10 U.S.C. § 1147	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc10@119-100.zip	/us/usc/t10/s1147	data/legal/raw/us/code/title-10/usc10.xml	d604a7e5d8a23375742da6d7b8e269d5975bd099ec0edccd1cc28902fbfd4a14	06a2679d38355c44f4219c983fdad34009233205d6ba271593a4c1b17a739ec1	fda6a13d64a080d52fa85e64b5a13a83c5b39538a465b341ebabde57a9ea5464	2026-07-04	official	legal us-code

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

Text

(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.

(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.)

Notes

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 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 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.