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14 USC CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

.

-HEAD-

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

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Sec.

680. Definitions.

681. General authority.

682. Loan guarantees.

683. Leasing of housing to be constructed.

684. Limited partnerships in nongovernmental entities. (FOOTNOTE 1)

(FOOTNOTE 1) So in original. Does not conform to section

catchline.

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.

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14 USC Sec. 680 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 680. Definitions

-STATUTE-

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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3909.)

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14 USC Sec. 681 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 681. General authority

-STATUTE-

(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, including a small business concern qualified under

section 8(a) of the Small Business Act (15 U.S.C. 637(a)), 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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3909; amended Pub. L. 107-295, title IV, Sec. 402(a), Nov.

25, 2002, 116 Stat. 2113.)

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-295 inserted '', including a

small business concern qualified under section 8(a) of the Small

Business Act (15 U.S.C. 637(a)),'' after ''private persons'' in

introductory provisions.

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14 USC Sec. 682 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 682. Loan guarantees

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3910.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 687 of this title.

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14 USC Sec. 683 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 683. Leasing of housing to be constructed

-STATUTE-

(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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3910.)

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14 USC Sec. 684 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 684. Limited partnerships with nongovernmental entities

-STATUTE-

(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 33 1/3

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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3911.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 687 of this title.

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14 USC Sec. 685 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 685. Conveyance or lease of existing property and facilities

-STATUTE-

(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) Subtitle I of title 40 and title III of the Federal

Property and Administrative Services Act of 1949 (41 U.S.C. 251

et seq.).

(2) Section 1302 of title 40.

(3) The McKinney-Vento Homeless Assistance Act (42 U.S.C. 11301

et seq.).

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3911; amended Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114

Stat. 1675; Pub. L. 107-217, Sec. 3(c)(4), Aug. 21, 2002, 116 Stat.

1299.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Property and Administrative Services Act of 1949,

referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63

Stat. 377, as amended. Title III of the Act is classified

generally to subchapter IV (Sec. 251 et seq.) of chapter 4 of Title

41, Public Contracts. For complete classification of this Act to

the Code, see Tables.

The McKinney-Vento Homeless Assistance Act, referred to in

subsec. (c)(3), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as

amended, which is classified principally to chapter 119 (Sec. 11301

et seq.) of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 11301 of Title 42 and Tables.

-MISC2-

AMENDMENTS

2002 - Subsec. (c)(1). Pub. L. 107-217, Sec. 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.)''.

Subsec. (c)(2). Pub. L. 107-217, Sec. 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)''.

2000 - Subsec. (c)(3). Pub. L. 106-400 substituted

''McKinney-Vento Homeless Assistance Act'' for ''Stewart B.

McKinney Homeless Assistance Act''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 687, 688 of this title.

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14 USC Sec. 686 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 686. Assignment of members of the armed forces to housing

units

-STATUTE-

(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(e) 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 housing

under section 403 of title 37.

(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.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3912; amended Pub. L. 106-398, Sec. 1 ((div. A), title X,

Sec. 1087(g)(3)), Oct. 30, 2000, 114 Stat. 1654, 1654A-293.)

-MISC1-

AMENDMENTS

2000 - Subsec. (b)(1). Pub. L. 106-398, Sec. 1 ((div. A), title

X, Sec. 1087(g)(3)(A)), substituted ''section 403(e)'' for

''section 403(b)''.

Subsec. (b)(2). Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec.

1087(g)(3)(B)), substituted ''a basic allowance for housing under

section 403 of title 37'' for ''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''.

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14 USC Sec. 687 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 687. Coast Guard Housing Fund

-STATUTE-

(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

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

$40,000,000.

(g) Demonstration Project Authorized. - To promote efficiencies

through the use of alternative procedures for expediting new

housing projects, the Secretary -

(1) may develop and implement a demonstration project for

acquisition or construction of military family housing and

military unaccompanied housing on or near the Coast Guard

installation at Kodiak, Alaska;

(2) in implementing the demonstration project, shall utilize,

to the maximum extent possible, the contracting authority of the

Small Business Administration's section 8(a) program;

(3) shall, to the maximum extent possible, acquire or construct

such housing through contracts with small business concerns

qualified under section 8(a) of the Small Business Act (15 U.S.C.

637(a)) that have their principal place of business in the State

of Alaska; and

(4) shall report to Congress by September 1 of each year on the

progress of activities under the demonstration project.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3912; amended Pub. L. 107-295, title IV, Sec. 402(b), (c),

Nov. 25, 2002, 116 Stat. 2114; Pub. L. 107-296, title XVII, Sec.

1704(a), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b)(2). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

Subsec. (f). Pub. L. 107-295, Sec. 402(b), substituted

''$40,000,000'' for ''$20,000,000''.

Subsec. (g). Pub. L. 107-295, Sec. 402(c), added subsec. (g).

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

Title 10, Armed Forces.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 682 of this title.

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14 USC Sec. 688 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 688. Reports

-STATUTE-

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

Homeland Security for providing military family housing and

military unaccompanied housing for members of the Coast Guard.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3913; amended Pub. L. 107-296, title XVII, Sec. 1704(a), Nov.

25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Par. (4). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation''.

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

Title 10, Armed Forces.

FINAL REPORT

Section 208(b) of Pub. L. 104-324 provided that: ''Not later than

March 1, 2000, the Secretary of the department in which the Coast

Guard is operating shall submit to the Congress a report on the use

by the Secretary of the authorities provided by chapter 18 of title

14, United States Code, as added by subsection (a). The report

shall assess the effectiveness of such authority in providing for

the construction and improvement of military family housing and

military unaccompanied housing.''

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14 USC Sec. 689 01/06/03

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TITLE 14 - COAST GUARD

PART I - REGULAR COAST GUARD

CHAPTER 18 - COAST GUARD HOUSING AUTHORITIES

-HEAD-

Sec. 689. Expiration of authority

-STATUTE-

The authority to enter into a transaction under this chapter

shall expire October 1, 2007.

-SOURCE-

(Added Pub. L. 104-324, title II, Sec. 208(a), Oct. 19, 1996, 110

Stat. 3913; amended Pub. L. 107-295, title IV, Sec. 402(d), Nov.

25, 2002, 116 Stat. 2114.)

-MISC1-

AMENDMENTS

2002 - Pub. L. 107-295 substituted ''2007'' for ''2001''.

-CITE-