§ 2945. Conveyance of real property

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title II § 208(a) · 110 Stat. 3901

   Enacted · 14 U.S.C. § 2945

   Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3911, § 685

   Source evidence

   Code source credit
   Added Pub. L. 104–324, title II, § 208(a), Oct. 19, 1996, 110 Stat. 3911, § 685

   Enacted provision · exact public law section
   (a) In General.— Title 14, United States Code, is amended by adding after chapter 17 the following new chapter: “CHAPTER 18— COAST GUARD HOUSING AUTHORITIES “Sec. “680. Definitions. “681. General authority. “682. Loan guarantees. “683. Leasing of housing to be constructed. “684. Limited partnerships in nongovernmental entities. “685. Conveyance or lease of existing property and facilities. “686. Assignment of members of the armed forces to housing units. “687. Coast Guard Housing Fund. “688. Reports. “689. Expiration of authority. “§ 680. Definitions “In this chapter: “(1) The term ‘construction’ means the construction of military housing units and ancillary supporting facilities or the improvement or rehabilitation of existing units or ancillary supporting facilities. “(2) The term ‘contract’ includes any contract, lease, or other agreement entered into under the authority of this chapter. “(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. “§ 681. 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 exercise any authority or any combination of authorities provided under this chapter in order to provide for the acquisition or construction by private persons of the following: “(1) Family housing units on or near Coast Guard installations within the United States and its territories and possessions. “(2) Unaccompanied housing units 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. “§ 682. Loan guarantees “(a) Loan Guarantees.— “(1) Subject to subsection (b), the Secretary may guarantee a loan made to any person in the private sector if the proceeds of the loan are to be used by the person to acquire, or construct housing units that the Secretary determines are suitable for use as military family housing or as military unaccompanied housing. “(2) The amount of a guarantee on a loan that may be provided under paragraph (1) may not exceed the amount equal to the lesser of— “(A) 80 percent of the value of the project; or “(B) the outstanding principal of the loan. “(3) The Secretary shall establish such terms and conditions with respect to guarantees of loans under this subsection as the Secretary considers appropriate to protect the interests of the United States, including the rights and obligations of the United States with respect to such guarantees. “(4) The funds for the loan guarantees entered into under this section shall be held in the Coast Guard Housing Fund under section 687 of this title. The Secretary is authorized to purchase mortgage insurance to guarantee loans in lieu of guaranteeing loans directly against funds held in the Coast Guard Housing Fund. “(b) Limitation on Guarantee Authority.— Loan guarantees may be made under this section only to the extent that appropriations of budget authority to cover their cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5))) are made in advance, or authority is otherwise provided in appropriations Acts. If such appropriation or other authority is provided, there may be established a financing account (as defined in section 502(7) of such Act (2 U.S.C. 661a(7))) which shall be available for the disbursement of payment of claims for payment on loan guarantees under this section and for all other cash flows to and from the Government as a result of guarantees made under this section. “§ 683. Leasing of housing to be constructed “(a) Build and Lease Authorized.— The Secretary may enter into contracts for the lease of military family housing units or military unaccompanied housing units to be constructed under this chapter. “(b) Lease Terms.— A contract under this section may be for any period that the Secretary determines appropriate and may provide for the owner of the leased property to operate and maintain the property. “§ 684. Limited partnerships with nongovernmental entities “(a) Limited Partnerships Authorized.— The Secretary may enter into limited partnerships with nongovernmental entities carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing. “(b) Limitation on Value of Investment in Limited Partnership.— (1) The cash amount of an investment under this section in a nongovernmental entity may not exceed an amount equal to 33⅓ percent of the capital cost (as determined by the Secretary) of the project or projects that the entity proposes to carry out under this section with the investment. “(2) If the Secretary conveys land or facilities to a nongovernmental entity as all or part of an investment in the entity under this section, the total value of the investment by the Secretary under this section may not exceed an amount equal to 45 percent of the capital cost (as determined by the Secretary) of the project or projects that the entity proposes to carry out under this section with the investment. “(3) In this subsection, the term ‘capital cost’, with respect to a project for the acquisition or construction of housing, means the total amount of the costs included in the basis of the housing for Federal income tax purposes. “(c) Collateral Incentive Agreements.— The Secretary shall enter into collateral incentive agreements with nongovernmental entities in which the Secretary makes an investment under this section to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or purchase, as the case may be, of a reasonable number of the housing units covered by the investment. “§ 685. Conveyance or lease of existing property and facilities “(a) Conveyance or Lease Authorized.— The Secretary may convey or lease property or facilities (including ancillary support facilities) to private persons for purposes of using the proceeds of such conveyance or lease to carry out activities under this chapter. “(b) Terms and Conditions.— (1) The conveyance or lease of property or facilities under this section shall be for such consideration and upon such terms and conditions as the Secretary considers appropriate for the purposes of this chapter and to protect the interests of the United States. “(2) As part or all of the consideration for a conveyance or lease under this section, the purchaser or lessor (as the case may be) may enter into an agreement with the Secretary to ensure that a suitable preference will be afforded members of the armed forces and their dependents in the lease or sublease of a reasonable number of the housing units covered by the conveyance or lease, as the case may be, or in the lease of other suitable housing units made available by the purchaser or lessee. “(c) Inapplicability of Certain Property Management Laws.— The conveyance or lease of property or facilities under this section shall not be subject to the following provisions of law: “(1) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). “(2) Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C. 303b). “(3) The Stewart B. McKinney Homeless Assistance Act (42 U.S.C. 11301 et seq.). “§ 686. Assignment of members of the armed forces to housing units “(a) In General.— The Secretary may assign members of the armed forces to housing units acquired or constructed under this chapter. “(b) Effect of Certain Assignments on Entitlement to Housing Allowances.— (1) Except as provided in paragraph (2), housing referred to in subsection (a) shall be considered as quarters of the United States or a housing facility under the jurisdiction of a uniformed service for purposes of section 403(b) of title 37. “(2) A member of the armed forces who is assigned in accordance with subsection (a) to a housing unit not owned or leased by the United States shall be entitled to a basic allowance for quarters under section 403 of title 37, and, if in a high housing cost area, a variable housing allowance under section 403a of that title. “(c) Lease Payments Through Pay Allotments.— The Secretary may require members of the armed forces who lease housing in housing units acquired or constructed under this chapter to make lease payments for such housing pursuant to allotments of the pay of such members under section 701 of title 37. “§ 687. 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 Transportation or Coast Guard for the acquisition or construction of military family housing or unaccompanied housing. “(3) Proceeds from the conveyance or lease of property or facilities under section 685 of this title for the purpose of carrying out activities under this chapter with respect to military family and military unaccompanied housing. “(4) Income from any activities under this chapter, including interest on loan guarantees made under section 682 of this title, income and gains realized from investments under section 684 of this title, and any return of capital invested as part of such investments. “(c) Use of Amounts in Fund.— (1) In such amounts as provided in appropriation 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 and military unaccompanied housing units, including activities required in connection with the planning, execution, and administration of contracts entered into under the authority of this chapter. “(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) or (b)(3) 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. “(f) Limitation on Amount of Budget Authority.— The total value in budget authority of all contracts and investments undertaken using the authorities provided in this chapter shall not exceed $20,000,000. “§ 688. Reports “The Secretary shall include each year in the materials the Secretary submits to the Congress in support of the budget submitted by the President pursuant to section 1105 of title 31, the following: “(1) A report on each contract or agreement for a project for the acquisition or construction of military family or military unaccompanied housing units that the Secretary proposes to solicit under this chapter, describing the project and the method of participation of the United States in the project and providing justification of such method of participation. “(2) A report describing each conveyance or lease proposed under section 685 of this title. “(3) A methodology for evaluating the extent and effectiveness of the use of the authorities under this chapter during such preceding fiscal year. “(4) A description of the objectives of the Department of Transportation for providing military family housing and military unaccompanied housing for members of the Coast Guard. “§ 689. Expiration of authority “The authority to enter into a transaction under this chapter shall expire October 1, 2001.”.

2. 2000

   Pub. L. 106–400 § 2 · 114 Stat. 1675

   Substituted · 14 U.S.C. § 2945(c)(3)

   Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”

   Source evidence

   Code amendment note
   Subsec. (c)(3). Pub. L. 106–400 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.

   Enacted provision · exact public law section
   SEC. 2. REFERENCES. Any reference in any law, regulation, document, paper, or other record of the United States to the Stewart B. McKinney Homeless Assistance Act shall be deemed to be a reference to the “McKinney-Vento Homeless Assistance Act”.

3. 2002

   Pub. L. 107–217 § 3(c)(4)(A) · 116 Stat. 1062

   1. Substituted · 14 U.S.C. § 2945(c)(1)

      Pub. L. 107–217, § 3(c)(4)(A), substituted “Subtitle I of title 40 and title III of the” for “The”

   2. Substituted · 14 U.S.C. § 2945(c)(1)

      Pub. L. 107–217, § 3(c)(4)(A), substituted “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 107–217, § 3(c)(4)(A), substituted “Subtitle I of title 40 and title III of the” for “The” and “(41 U.S.C. 251 et seq.)” for “(40 U.S.C. 471 et seq.)”.

   Enacted provision · exact public law section
   (A) in clause (1), strike— (i) “The” and substitute “Subtitle I of title 40 and title III of the”; and (ii) “(40 U.S.C. 471 et seq.)” and substitute “(41 U.S.C. 251 et seq.)”; and

4. 2002

   Pub. L. 107–217 § 3(c)(4)(B) · 116 Stat. 1062

   Substituted · 14 U.S.C. § 2945(c)(2)

   Pub. L. 107–217, § 3(c)(4)(B), substituted “Section 1302 of title 40” for “Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C. 303b)”

   Source evidence

   Code amendment note
   Subsec. (c)(2). Pub. L. 107–217, § 3(c)(4)(B), substituted “Section 1302 of title 40” for “Section 321 of the Act of June 30, 1932 (commonly known as the Economy Act) (47 Stat. 412, chapter 314; 40 U.S.C. 303b)”.

   Enacted provision · exact public law section
   (B) strike clause (2) and substitute— “(2) Section 1302 of title 40.”.

5. 2010

   Coast Guard Authorization Act of 2010

   Pub. L. 111–281 title II § 221(a)(4) · 124 Stat. 2905

   Amended · 14 U.S.C. § 2945

   Pub. L. 111–281 amended section generally. Prior to amendment, section authorized Secretary to convey or lease existing property and facilities under certain conditions

   Source evidence

   Code amendment note
   Pub. L. 111–281 amended section generally. Prior to amendment, section authorized Secretary to convey or lease existing property and facilities under certain conditions.

   Enacted provision · exact public law section
   (4) by amending section 685 to read as follows: “§ 685. 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 687 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)).” ;

6. 2011

   Pub. L. 111–350 § 5(c)(4) · 124 Stat. 3677

   Substituted · 14 U.S.C. § 2945(c)(1)

   Pub. L. 111–350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (c)(1), could not be executed because of the prior general amendment of this section by Pub. L. 111–281. See 2010 Amendment note below

   Source evidence

   Code amendment note
   Subsec. (c)(1). Pub. L. 111–350, which directed substitution of “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41” for “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” in subsec. (c)(1), could not be executed because of the prior general amendment of this section by Pub. L. 111–281. See 2010 Amendment note below.

   Enacted provision · exact public law section
   (4) In section 685(c)(1), strike “title III of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)” and substitute “division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41”.

7. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 117(b) · 132 Stat. 4192

   Changed · 14 U.S.C. § 2945

   Pub. L. 115–282, § 117(b), renumbered section 685 of this title as this section

   Source evidence

   Code amendment note
   Pub. L. 115–282, § 117(b), renumbered section 685 of this title as this section.

   Enacted provision · exact public law section
   (b) Redesignations and Transfers.— (1) Requirement.— The sections of title 14, United States Code, identified in the table provided in paragraph (2) are amended— (A) by redesignating the sections as described in the table; and (B) by transferring the sections, as necessary, so that the sections appear after the table of sections for chapter 29 of such title (as added by subsection (a)), in the order in which the sections are presented in the table. (2) Table.— The table referred to in paragraph (1) is the following: Title 14 section number before redesignationSection heading (provided for identification purposes only-not amended)Title 14 section number after redesignation 531Work-life policies and programs2901 532Surveys of Coast Guard families2902 541Reimbursement for adoption expenses2903 542Education and training opportunities for Coast Guard spouses2904 543Youth sponsorship initiatives2905 544Dependent school children2906 551Definitions2921 552Child development services2922 553Child development center standards and inspections2923 554Child development center employees2924 555Parent partnerships with child development centers2925 680Definitions2941 681General authority2942 475Leasing and hiring of quarters; rental of inadequate housing2943 680Retired service members and dependents serving on advisory committees2944 685Conveyance of real property2945 687Coast Guard Housing Fund2946 688Reports2947

8. 2018

   Frank LoBiondo Coast Guard Authorization Act of 2018

   Pub. L. 115–282 § 123(b)(2) · 132 Stat. 4192

   Substituted · 14 U.S.C. § 2945(b)(1)

   Pub. L. 115–282, § 123(b)(2), substituted “section 2946” for “section 687”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 115–282, § 123(b)(2), substituted “section 2946” for “section 687”.

   Enacted provision · exact public law section
   (2) Title 14.— In title 14, United States Code, each reference in the text of such title to a source 49 USC 303–305, 308, 313, 317, 504, 528, 543, 717, 908, 1106, 1107, 1110, 1133, 1171, 1904, 1945, 2107–2110, 2113, 2115–2125, 2142–2146, 2148–2151, 2159–2164, 2307, 2311, 2315, 2734, 2922, 2945, 2946, 3711, 3731, 3734, 3735, 3737, 3740, 3742, 3743, 3747, 3749, 3752, 3901, 3902, 3908, 3909, 3911, 5101, 5103, 5104, 5107. section is amended by striking such reference and inserting a reference to the appropriate, as determined using the tables located in this title, redesignated section.

9 of 9 references resolved to an enrolled provision