Collapse to view only § 2946. Coast Guard Housing Fund
- § 2941. Definitions
- § 2942. General authority
- § 2943. Leasing and hiring of quarters; rental of inadequate housing
- § 2944. Retired service members and dependents serving on advisory committees
- § 2945. Conveyance of real property
- § 2946. Coast Guard Housing Fund
- § 2947. Reports
§ 2941. Definitions
In this chapter:
(1) The term “construct” means to build, renovate, or improve military family housing and military unaccompanied housing.
(2) The term “construction” means building, renovating, or improving military family housing and military unaccompanied housing.
(3) The term “military unaccompanied housing” means military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents.
(4) The term “United States” includes the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, and the District of Columbia.
(Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3909, § 680; amended Pub. L. 108–293, title II, § 207(a), Aug. 9, 2004, 118 Stat. 1034; Pub. L. 111–281, title II, § 221(a)(1), Oct. 15, 2010, 124 Stat. 2919; renumbered § 2941, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)
§ 2942. General authority
(a)Authority.—In addition to any other authority providing for the acquisition or construction of military family housing or military unaccompanied housing, the Secretary may acquire or construct the following:
(1) Military family housing on or near Coast Guard installations within the United States and its territories and possessions.
(2) Military unaccompanied housing on or near such Coast Guard installations.
(b)Limitation on Appropriations.—No appropriation shall be made to acquire or construct military family housing or military unaccompanied housing under this chapter if that acquisition or construction has not been approved by resolutions adopted by the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate.
(Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3909, § 681; amended Pub. L. 107–295, title IV, § 402(a), Nov. 25, 2002, 116 Stat. 2113; Pub. L. 111–281, title II, § 221(a)(2), Oct. 15, 2010, 124 Stat. 2919; renumbered § 2942, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)
§ 2943. Leasing and hiring of quarters; rental of inadequate housing
(a) The Secretary is authorized to lease housing facilities at or near Coast Guard installations, wherever located, for assignment as public quarters to military personnel and their dependents, if any, without rental charge upon a determination by the Secretary, or his designee, that there is a lack of adequate housing facilities at or near such Coast Guard installations. The Secretary is also authorized to lease housing facilities for assignment as public quarters, without rental charge, to military personnel who are on sea duty or duty at remote offshore Coast Guard stations and who do not have dependents. Such authority shall be effective in any fiscal year only to such extent or in such amounts as are provided in appropriation Acts. When any such lease involves housing facilities in a foreign country, the lease may be made on a multiyear basis for a period not to exceed five years, and, in accordance with local custom and practice, advance payment may be made for the lease. Such public housing facilities may be leased on an individual or multiple-unit basis. Expenditures for the rental of such housing facilities may not exceed the average authorized for the Department of Defense in any year except where the Secretary finds that the average is so low as to prevent rental of necessary housing facilities in some areas, in which event he is authorized to reallocate existing funds to high-cost areas so that rental expenditures in such areas exceed the average authorized for the Department of Defense.
(b) The Secretary is authorized, subject to regulations approved by the President—
(1) to designate as rental housing such housing as he may determine to be inadequate as public quarters; and
(2) to lease inadequate housing to members of the Coast Guard for occupancy by them and their dependents.
(c) Where sufficient quarters are not possessed by the United States, the Commandant may hire quarters for personnel, including personnel on sea duty at such times as they may be deprived of their quarters on board ship due to repairs or other conditions which may render them uninhabitable. Such accommodations shall not be available for occupancy by the dependents of such personnel.
(Aug. 4, 1949, ch. 393, 63 Stat. 532, § 475; Pub. L. 91–278, § 1(11), June 12, 1970, 84 Stat. 305; Pub. L. 92–343, § 4, July 10, 1972, 86 Stat. 450; Pub. L. 93–65, § 5, July 9, 1973, 87 Stat. 151; Pub. L. 94–406, § 4, Sept. 10, 1976, 90 Stat. 1236; Pub. L. 94–478, Oct. 11, 1976, 90 Stat. 2077; Pub. L. 94–546, § 1(30), Oct. 18, 1976, 90 Stat. 2521; Pub. L. 96–376, § 4, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 96–470, title I, § 112(d), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97–136, § 7, Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97–295, § 2(11), Oct. 12, 1982, 96 Stat. 1302; Pub. L. 97–322, title I, § 106, Oct. 15, 1982, 96 Stat. 1582; Pub. L. 100–180, div. A, title VI, § 632(b)(2), Dec. 4, 1987, 101 Stat. 1105; renumbered § 2943, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)
§ 2944. Retired service members and dependents serving on advisory committees
A committee that—
(1) advises or assists the Coast Guard with respect to a function that affects a member of the Coast Guard or a dependent of such a member; and
(2) includes in its membership a retired Coast Guard member or a dependent of such a retired member;
shall not be considered an advisory committee under chapter 10 of title 5 solely because of such membership.
(Added Pub. L. 113–281, title II, § 218(a), Dec. 18, 2014, 128 Stat. 3036, § 680; renumbered § 2944, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 117–286, § 4(a)(61), Dec. 27, 2022, 136 Stat. 4312.)
§ 2945. Conveyance of real property
(a)Conveyance Authorized.—Notwithstanding any other provision of law, the Secretary may convey, at fair market value, real property, owned or under the administrative control of the Coast Guard, for the purpose of expending the proceeds from such conveyance to acquire and construct military family housing and military unaccompanied housing.
(b)Terms and Conditions.—
(1) The conveyance of real property under this section shall be by sale, for cash. The Secretary shall deposit the proceeds from the sale in the Coast Guard Housing Fund established under section 2946 of this title, for the purpose of expending such proceeds to acquire and construct military family housing and military unaccompanied housing.
(2) The conveyance of real property under this section shall not diminish the mission capacity of the Coast Guard, but further the mission support capability of the Coast Guard with regard to military family housing or military unaccompanied housing.
(c)Relationship to Environmental Law.—This section does not affect or limit the application of or obligation to comply with any environmental law, including section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)).
(Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3911, § 685; amended Pub. L. 106–400, § 2, Oct. 30, 2000, 114 Stat. 1675; Pub. L. 107–217, § 3(c)(4), Aug. 21, 2002, 116 Stat. 1299; Pub. L. 111–281, title II, § 221(a)(4), Oct. 15, 2010, 124 Stat. 2919; Pub. L. 111–350, § 5(c)(4), Jan. 4, 2011, 124 Stat. 3847; renumbered § 2945 and amended Pub. L. 115–282, title I, §§ 117(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4230, 4240.)
§ 2946. Coast Guard Housing Fund
(a)Establishment.—There is hereby established on the books of the Treasury an account to be known as the Coast Guard Housing Fund (in this section referred to as the “Fund”).
(b)Credits to Fund.—There shall be credited to the Fund the following:
(1) Amounts authorized for and appropriated to that Fund.
(2) Subject to subsection (e), any amounts that the Secretary transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Homeland Security or Coast Guard for the acquisition or construction of military family housing or military unaccompanied housing.
(3) Proceeds from the conveyance of property under section 2945 of this title for the purpose of carrying out activities under this chapter with respect to military family housing and military unaccompanied housing.
(4) Monies received under section 504(a)(13).
(5) Amounts received under section 908(b).
(c)Use of Amounts in Fund.—
(1) In such amounts as provided in appropriations Acts, and except as provided in subsection (d), the Secretary may use amounts in the Coast Guard Housing Fund to carry out activities under this chapter with respect to military family housing and military unaccompanied housing, including—
(A) the planning, execution, and administration of the conveyance of real property;
(B) all necessary expenses, including expenses for environmental compliance and restoration, to prepare real property for conveyance; and
(C) the conveyance of real property.
(2) Amounts made available under this subsection shall remain available until expended.
(d)Limitation on Obligations.—The Secretary may not incur an obligation under a contract or other agreements entered into under this chapter in excess of the unobligated balance, at the time the contract is entered into, of the Fund required to be used to satisfy the obligation.
(e)Notification Required for Transfers.—A transfer of appropriated amounts to the Fund under subsection (b)(2) of this section may be made only after the end of a 30-day period beginning on the date the Secretary submits written notice of, and justification for, the transfer to the appropriate committees of Congress.
(Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3912, § 687; amended Pub. L. 107–295, title IV, § 402(b), (c), Nov. 25, 2002, 116 Stat. 2114; Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 108–293, title II, § 207(d), Aug. 9, 2004, 118 Stat. 1034; Pub. L. 111–281, title II, § 221(a)(6), Oct. 15, 2010, 124 Stat. 2919; Pub. L. 111–330, § 1(2), Dec. 22, 2010, 124 Stat. 3569; Pub. L. 113–281, title II, § 208(c), Dec. 18, 2014, 128 Stat. 3026; renumbered § 2946 and amended Pub. L. 115–282, title I, §§ 117(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4230, 4240.)
§ 2947. Reports
The Secretary shall prepare and submit to Congress, concurrent with the budget submitted pursuant to section 1105 of title 31, a report identifying the contracts or agreements for the conveyance of properties pursuant to this chapter executed during the prior calendar year.
(Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3913, § 688; amended Pub. L. 107–296, title XVII, § 1704(a), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–281, title II, § 221(a)(8), Oct. 15, 2010, 124 Stat. 2920; renumbered § 2947, Pub. L. 115–282, title I, § 117(b), Dec. 4, 2018, 132 Stat. 4230.)