CHAPTER 29—COAST GUARD FAMILY SUPPORT, CHILD CARE, AND HOUSING
SUBCHAPTER I—COAST GUARD FAMILIES
2901.
Work-life policies and programs.
2902.
Surveys of Coast Guard families.
2903.
Reimbursement for adoption expenses.
2904.
Education and training opportunities for Coast Guard spouses.
2905.
Youth sponsorship initiatives.
2906.
Dependent school children.
SUBCHAPTER II—COAST GUARD CHILD CARE
2922.
Child development services.
2923.
Child development center standards and inspections.
2924.
Child development center employees.
2925.
Parent partnerships with child development centers.
2926.
Family child care providers.
2927.
Child care subsidy program.
SUBCHAPTER III—HOUSING
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.
Editorial Notes
Prior Provisions
A prior analysis for chapter 29 "REPORTS" consisted of items 2901 "Transmission of annual Coast Guard authorization request", 2902 "Capital investment plan", 2903 "Major acquisitions", 2904 "Manpower requirements plan", 2905 "Annual performance report", and 2906 "Major acquisition program risk assessment", prior to repeal by Pub. L. 115–282, title I, §117(a), Dec. 4, 2018, 132 Stat. 4229.
Amendments
2022—Pub. L. 117–263, div. K, title CXIV, §11401(c)(1)(B), Dec. 23, 2022, 136 Stat. 4108, added item 2927.
2021—Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8237(b)(2), Jan. 1, 2021, 134 Stat. 4665, which directed amendment of the analysis for this chapter by adding item 2926 "at the end", was executed by adding the item after item 2925, which item was at the end of the items for subchapter II of this chapter, to reflect the probable intent of Congress.
2018—Pub. L. 115–282, title I, §117(a), Dec. 4, 2018, 132 Stat. 4230, inserted chapter 29 designation and heading and added items 2901 to 2947.
SUBCHAPTER I—COAST GUARD FAMILIES
Editorial Notes
Amendments
2018—Pub. L. 115–282, title I, §117(c)(1), Dec. 4, 2018, 132 Stat. 4231, inserted subchapter I designation and heading.
§2901. Work-life policies and programs
The Commandant is authorized—
(1) to establish an office for the purpose of developing, promulgating, and coordinating policies, programs, and activities related to the families of Coast Guard members;
(2) to implement and oversee policies, programs, and activities described in paragraph (1) as the Commandant considers necessary; and
(3) to perform such other duties as the Commandant considers necessary.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3029, §531; renumbered §2901, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)
Editorial Notes
Prior Provisions
A prior section 2901 was renumbered section 5101 of this title.
Amendments
2018—Pub. L. 115–282 renumbered section 531 of this title as this section.
§2902. Surveys of Coast Guard families
(a) Authority.—The Commandant, in order to determine the effectiveness of Federal policies, programs, and activities related to the families of Coast Guard members, may survey—
(1) any Coast Guard member;
(2) any retired Coast Guard member;
(3) the immediate family of any Coast Guard member or retired Coast Guard member; and
(4) any survivor of a deceased Coast Guard member.
(b) Voluntary Participation.—Participation in any survey conducted under subsection (a) shall be voluntary.
(c) Federal Recordkeeping.—Each individual surveyed under subsection (a) shall be considered an employee of the United States for purposes of section 3502(3)(A)(i) of title 44.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3029, §532; renumbered §2902, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(47), Jan. 1, 2021, 134 Stat. 4750.)
Editorial Notes
Prior Provisions
A prior section 2902 was renumbered section 5102 of this title.
Amendments
2021—Subsec. (c). Pub. L. 116–283 substituted "individual" for "person".
2018—Pub. L. 115–282 renumbered section 532 of this title as this section.
§2903. Reimbursement for adoption expenses
(a) Authorization To Reimburse.—The Secretary shall carry out a program under which a member of the Coast Guard may be reimbursed, as provided in this section, for qualifying adoption expenses incurred by the member in the adoption of a child under 18 years of age.
(b) Adoptions Covered.—An adoption for which expenses may be reimbursed under this section includes an adoption by a single individual, an infant adoption, an intercountry adoption, and an adoption of a child with special needs (as defined in section 473(c) of the Social Security Act (42 U.S.C. 673(c))).
(c) Benefits Paid After Adoption Is Final.—Benefits paid under this section in the case of an adoption may be paid only after the adoption is final.
(d) Treatment of Other Benefits.—A benefit may not be paid under this section for any expense paid to or for a member of the Coast Guard under any other adoption benefits program administered by the Federal Government or under any such program administered by a State or local government.
(e) Limitations.—(1) Not more than $2,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for expenses incurred in the adoption of a child.
(2) Not more than $5,000 may be paid under this section to a member of the Coast Guard, or to two such members who are spouses of each other, for adoptions by such member (or members) in any calendar year.
(f) Regulations.—The Secretary shall prescribe regulations to carry out this section.
(g) Definitions.—In this section:
(1) The term "qualifying adoption expenses" means reasonable and necessary expenses that are directly related to the legal adoption of a child under 18 years of age, but only if such adoption is arranged by a qualified adoption agency. Such term does not include any expense incurred—
(A) by an adopting parent for travel; or
(B) in connection with an adoption arranged in violation of Federal, State, or local law.
(2) The term "reasonable and necessary expenses" includes—
(A) public and private agency fees, including adoption fees charged by an agency in a foreign country;
(B) placement fees, including fees charged adoptive parents for counseling;
(C) legal fees (including court costs) in connection with services that are unavailable to a member of the Coast Guard under section 1044 or 1044a of title 10; and
(D) medical expenses, including hospital expenses of the biological mother of the child to be adopted and of a newborn infant to be adopted.
(3) The term "qualified adoption agency" means any of the following:
(A) A State or local government agency which has responsibility under State or local law for child placement through adoption.
(B) A nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption.
(C) Any other source authorized by a State to provide adoption placement if the adoption is supervised by a court under State or local law.
(Added Pub. L. 102–190, div. A, title VI, §651(b)(1), Dec. 5, 1991, 105 Stat. 1386, §514; amended Pub. L. 102–484, div. A, title X, §1054(g), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 104–201, div. A, title VI, §652(b), Sept. 23, 1996, 110 Stat. 2582; renumbered §541, Pub. L. 113–281, title II, §214(b)(1)(A), Dec. 18, 2014, 128 Stat. 3033; renumbered §2903, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230; Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(48), Jan. 1, 2021, 134 Stat. 4750.)
Editorial Notes
Prior Provisions
A prior section 2903 was renumbered section 5103 of this title.
Amendments
2021—Subsec. (b). Pub. L. 116–283 substituted "individual" for "person".
2018—Pub. L. 115–282 renumbered section 541 of this title as this section.
2014—Pub. L. 113–281 renumbered section 514 of this title as this section.
1996—Subsec. (g)(1). Pub. L. 104–201, §652(b)(1), substituted "qualified adoption agency." for "State or local government agency which has responsibility under State or local law for child placement through adoption or by a nonprofit, voluntary adoption agency which is authorized by State or local law to place children for adoption."
Subsec. (g)(3). Pub. L. 104–201, §652(b)(2), added par. (3).
1992—Subsec. (b). Pub. L. 102–484 inserted a close parenthesis before period at end.
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Dec. 5, 1991, and applicable to adoptions completed on or after that date, see section 651(c) of Pub. L. 102–190, set out as a note under section 1052 of Title 10, Armed Forces.
Reimbursement for Adoptions Completed During Interim Between Test and Permanent Program
For provisions relating to reimbursement for adoption expenses and time period for application, see section 652 of Pub. L. 102–484, set out as a note under section 1052 of Title 10, Armed Forces.
§2904. Education and training opportunities for Coast Guard spouses
(a) Tuition Assistance.—The Commandant may provide, subject to the availability of appropriations, tuition assistance to an eligible spouse to facilitate the acquisition of—
(1) education and training required for a degree or credential at an accredited college, university, or technical school in the United States that expands employment and portable career opportunities for the spouse; or
(2) education prerequisites and a professional license or credential required, by a government or government-sanctioned licensing body, for an occupation that expands employment and portable career opportunities for the spouse.
(b) Definitions.—In this section, the following definitions apply:
(1) Eligible spouse.—
(A) In general.—The term "eligible spouse" means the spouse of a member of the Coast Guard who is serving on active duty and includes a spouse who receives transitional compensation under section 1059 of title 10.
(B) Exclusion.—The term "eligible spouse" does not include an individual who—
(i) is married to, but legally separated from, a member of the Coast Guard under a court order or statute of any State or territorial possession of the United States; or
(ii) is eligible for tuition assistance as a member of the Armed Forces.
(2) Portable career.—The term "portable career" includes an occupation that requires education, training, or both that results in a credential that is recognized by an industry, profession, or specific type of business.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3030, §542; renumbered §2904, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], §8505(a)(49), Jan. 1, 2021, 134 Stat. 4750.)
Editorial Notes
Prior Provisions
A prior section 2904 was renumbered section 5104 of this title.
Amendments
2021—Subsec. (b)(1)(B). Pub. L. 116–283 substituted "an individual" for "a person" in introductory provisions.
2018—Pub. L. 115–282 renumbered section 542 of this title as this section.
Statutory Notes and Related Subsidiaries
Second Expansion of the My Career Advancement Account Program for Military Spouses
Pub. L. 116–92, div. A, title V, §580G, Dec. 20, 2019, 133 Stat. 1410, provided that: "The spouse of a member of the Coast Guard may participate in the My Career Advancement Account program of the Department of Defense if the Coast Guard reimburses the Department of Defense."
§2905. Youth sponsorship initiatives
(a) In General.—The Commandant is authorized to establish, within any Coast Guard unit, an initiative to help integrate into new surroundings the dependent children of members of the Coast Guard who received permanent change of station orders.
(b) Description of Initiative.—An initiative established under subsection (a) shall—
(1) provide for the involvement of a dependent child of a member of the Coast Guard in the dependent child's new Coast Guard community; and
(2) primarily focus on preteen and teenaged children.
(c) Authority.—In carrying out an initiative under subsection (a), the Commandant may—
(1) provide to a dependent child of a member of the Coast Guard information on youth programs and activities available in the dependent child's new Coast Guard community; and
(2) enter into agreements with nonprofit entities to provide youth programs and activities to such child.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3030, §543; renumbered §2905, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)
Editorial Notes
Prior Provisions
A prior section 2905 was renumbered section 5106 of this title.
Amendments
2018—Pub. L. 115–282 renumbered section 543 of this title as this section.
§2906. Dependent school children
(a) The Secretary may provide, out of funds appropriated to or for the use of the Coast Guard, for the primary and secondary schooling of dependents of Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of those dependents.
(b) Whenever the Secretary, under such regulations as he may prescribe, determines that schools located in the same area in which a Coast Guard facility is located are not accessible by public means of transportation on a regular basis, he may provide, out of funds appropriated to or for the use of the Coast Guard, for the transportation of dependents of Coast Guard personnel between the schools serving the area and the Coast Guard facility.
(Added Pub. L. 91–278, §1(14), June 12, 1970, 84 Stat. 306, §657; amended Pub. L. 93–430, §5, Oct. 1, 1974, 88 Stat. 1182; renumbered §544 and amended Pub. L. 113–281, title II, §214(b)(1)(C), Dec. 18, 2014, 128 Stat. 3033; renumbered §2906, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)
Editorial Notes
Prior Provisions
A prior section 2906 was renumbered section 5107 of this title.
Amendments
2018—Pub. L. 115–282 renumbered section 544 of this title as this section.
2014—Pub. L. 113–281 renumbered section 657 of this title as this section and, in subsec. (a), substituted "The Secretary may" for "Except as otherwise authorized by the Act of September 30, 1950 (20 U.S.C. 236–244), the Secretary may".
1974—Pub. L. 93–430 struck out "; transportation of" after "children" in section catchline, designated existing provisions as subsec. (b), and added subsec. (a).
SUBCHAPTER II—COAST GUARD CHILD CARE
Editorial Notes
Amendments
2018—Pub. L. 115–282, title I, §117(c)(2), Dec. 4, 2018, 132 Stat. 4231, inserted subchapter II designation and heading.
§2921. Definitions
In this subchapter, the following definitions apply:
(1) Child abuse and neglect.—The term "child abuse and neglect" has the meaning given that term in section 3 of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 note).
(2) Child development center employee.—The term "child development center employee" means a civilian employee of the Coast Guard who is employed to work in a Coast Guard child development center without regard to whether the employee is paid from appropriated or nonappropriated funds.
(3) Coast guard child development center.—The term "Coast Guard child development center" means a facility on Coast Guard property or on property under the jurisdiction of the commander of a Coast Guard unit at which child care services are provided for members of the Coast Guard.
(4) Competitive service position.—The term "competitive service position" means a position in the competitive service (as defined in section 2102 of title 5).
(5) Family home daycare.—The term "family home daycare" means home-based child care services provided for a member of the Coast Guard by an individual who—
(A) is certified by the Commandant as qualified to provide home-based child care services; and
(B) provides home-based child care services on a regular basis in exchange for monetary compensation.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3031, §551; renumbered §2921, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)
Editorial Notes
References in Text
Section 3 of the Child Abuse Prevention and Treatment Act, referred to in par. (1), is section 3 of Pub. L. 93–247, which is set out as a note under section 5101 of Title 42, The Public Health and Welfare.
Amendments
2018—Pub. L. 115–282 renumbered section 551 of this title as this section.
§2922. Child development services
(a)(1) The Commandant may make child development services available, in such priority as the Commandant considers to be appropriate and consistent with readiness and resources and in the best interests of dependents of members and civilian employees of the Coast Guard, for—
(A) members and civilian employees of the Coast Guard;
(B) surviving dependents of service members who have died on active duty, if such dependents were beneficiaries of a Coast Guard child development service at the time of the death of such members;
(C) members of the armed forces (as defined in section 101(a) of title 10); and
(D) Federal civilian employees.
(2) Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws.
(b)(1) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide child development services.
(2)(A) The Commandant is authorized to establish, by regulations, fees to be charged parents for the attendance of children at Coast Guard child development centers.
(B) Fees to be charged, pursuant to subparagraph (A), shall be based on family income and whether a family is participating in an initiative established under section 2925(b), except that the Commandant may, on a case-by-base basis, establish fees at lower rates if such rates would not be competitive with rates at local child development centers.
(C) The Commandant is authorized to collect and expend fees, established pursuant to this subparagraph, and such fees shall, without further appropriation, remain available until expended for the purpose of providing services, including the compensation of employees and the purchase of consumable and disposable items, at Coast Guard child development centers.
(D) In the case of an active duty member with two or more children attending a Coast Guard child development center, the Commandant may modify the fees to be charged for attendance for the second and any subsequent child of such member by an amount that is 15 percent less than the amount of the fee otherwise chargeable for the attendance of the first such child enrolled at the center, or another fee as the Commandant determines appropriate, consistent with multiple children.
(3) The Commandant is authorized to use appropriated funds available to the Coast Guard to provide assistance to family home daycare providers so that family home daycare services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers.
(4) To the maximum extent practicable, the Commandant shall ensure that, in a location in which Coast Guard family child care centers (as such term is defined in section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020) are necessary to meet the demand for child care for qualified families (as such term is defined in such section), not fewer than two housing units are maintained in accordance with safety inspection standards so as to accommodate family child care providers.
(c) The Secretary shall promulgate regulations to implement this section. The regulations shall establish fees to be charged for child development services provided under this section which take into consideration total family income.
(Added Pub. L. 104–324, title II, §201(a), Oct. 19, 1996, 110 Stat. 3906, §515; amended Pub. L. 111–281, title II, §222, Oct. 15, 2010, 124 Stat. 2920; renumbered §552 and amended Pub. L. 113–281, title II, §214(b)(1)(B), Dec. 18, 2014, 128 Stat. 3033; renumbered §2922 and amended Pub. L. 115–282, title I, §§117(b), 123(b)(2), Dec. 4, 2018, 132 Stat. 4230, 4240; Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8235, Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, §§11401(a), 11402, Dec. 23, 2022, 136 Stat. 4106, 4109.)
Editorial Notes
References in Text
Section 8239 of the Elijah E. Cummings Coast Guard Authorization Act of 2020, referred to in subsec. (b)(4), is section 8239 of title LVXXXII [LXXXII] of div. G of Pub. L. 116–283, Jan. 1, 2021, 134 Stat. 4665, which is set out as a note below.
Amendments
2022—Subsec. (a). Pub. L. 117–263, §11402, amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: "The Commandant may make child development services available for members and civilian employees of the Coast Guard, and thereafter as space is available for members of the Armed Forces and Federal civilian employees. Child development service benefits provided under the authority of this section shall be in addition to benefits provided under other laws."
Subsec. (b)(2)(D). Pub. L. 117–263, §11401(a), added subpar. (D).
2021—Subsec. (b)(4). Pub. L. 116–283 added par. (4).
2018—Pub. L. 115–282, §117(b), renumbered section 552 of this title as this section.
Subsec. (b)(2)(B). Pub. L. 115–282, §123(b)(2), substituted "section 2925(b)" for "section 555(b)".
2014—Pub. L. 113–281, §214(b)(1)(B)(i), renumbered section 515 of this title as this section.
Subsec. (b)(2)(B). Pub. L. 113–281, §214(b)(1)(B)(ii)(I), inserted "and whether a family is participating in an initiative established under section 555(b)" after "family income".
Subsecs. (c), (d). Pub. L. 113–281, §214(b)(1)(B)(ii)(II), (III), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: "The Commandant shall provide for regular and unannounced inspections of each child development center under this section and may use Department of Defense or other training programs to ensure that all child development center employees under this section meet minimum standards of training with respect to early childhood development, activities and disciplinary techniques appropriate to children of different ages, child abuse prevention and detection, and appropriate emergency medical procedures."
Subsec. (e). Pub. L. 113–281, §214(b)(1)(B)(ii)(II), struck out subsec. (e) which read as follows: "For purposes of this section, the term 'child development center' does not include a child care services facility for which space is allotted under section 616 of the Act of December 22, 1987 (40 U.S.C. 490b)."
2010—Subsec. (b). Pub. L. 111–281, §222(1), added subsec. (b) and struck out former subsec. (b) which related to use of fees paid for services at Coast Guard child development centers.
Subsecs. (d) to (g). Pub. L. 111–281, §222(2), (3), redesignated subsecs. (f) and (g) as (d) and (e), respectively, and struck out former subsecs. (d) and (e) which read as follows:
"(d) Of the amounts available to the Coast Guard each fiscal year for operating expenses (and in addition to amounts received as fees), the Secretary may use for child development services under this section an amount not to exceed the total amount the Commandant estimates will be received by the Coast Guard in the fiscal year as fees for the provision of those services.
"(e) The Commandant may use appropriated funds available to the Coast Guard to provide assistance to family home day care providers so that family home day care services can be provided to uniformed service members and civilian employees of the Coast Guard at a cost comparable to the cost of services provided by Coast Guard child development centers."
Statutory Notes and Related Subsidiaries
Review of Family Support Services Website and Online Tracking System
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8232, Jan. 1, 2021, 134 Stat. 4661, provided that:
"(a) Memorandum of Understanding.—
"(1) In general.—The Commandant [of the Coast Guard] shall enter into a memorandum of understanding with the Secretary of Defense to enable qualified families to access the website at https://militarychildcare.com (or a successor website) for purposes of Coast Guard family access to information with respect to State-accredited child development centers and other child care support services as such services become available from the Department of Defense through such website. The memorandum shall provide for the expansion of the geographical areas covered by such website, including regions in which qualified families live that are not yet covered by the program.
"(2) Inclusion of child development centers accessible under pilot program.—The information accessible pursuant to the memorandum of understanding required by paragraph (1) shall include information with respect to any child development center accessible pursuant to the pilot program under section 8234 [of Pub. L. 116–283, set out as a note below].
"(3) Electronic registration, payment, and tracking system.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Commandant shall develop and maintain an internet website of the Coast Guard accessible to qualified families to carry out the following activities:
"(A) Register children for a Coast Guard child development center.
"(B) Make online child care payments to a Coast Guard child development center.
"(C) Track the status of a child on the wait list of a Coast Guard child development center, including the placement and position of the child on the wait list.
"(b) Wait List.—
"(1) In general.—The Commandant shall maintain a record of the wait list for each Coast Guard child development center.
"(2) Matters to be included.—Each record under paragraph (1) shall include the following:
"(A) The total number of children of qualified families on the wait list.
"(B) With respect to each child on the wait list—
"(i) the age of the child;
"(ii) the number of days the child has been on the wait list;
"(iii) the position of the child on the wait list;
"(iv) any special needs consideration; and
"(v) information on whether a sibling of the child is on the wait list of, or currently enrolled in, the Coast Guard child development center concerned.
"(3) Requirement to archive.—Information placed in the record of a Coast Guard child development center under paragraph (1) shall be archived for a period of not less than 10 years after the date of its placement in the record."
[For definitions of "Coast Guard child development center" and "qualified family" used in section 8232 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.]
Study and Survey on Coast Guard Child Care Needs
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8233, Jan. 1, 2021, 134 Stat. 4662, provided that:
"(a) Study.—
"(1) In general.—Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], and for each of the 2 fiscal years thereafter, the Commandant [of the Coast Guard] shall conduct a study on the child care needs of qualified families that incorporates—
"(A) the results of the survey under subsection (b); and
"(B) any other information the Commandant considers appropriate to ensure adequate tracking and future needs-based assessments with respect to adequate access to Coast Guard child development centers.
"(2) Consultation.—In conducting a study under paragraph (1), the Commandant may consult a federally funded research and development center.
"(3) Scope of data.—The data obtained through each study under paragraph (1) shall be obtained on a regional basis, including by Coast Guard unit, sector, and district.
"(b) Survey.—
"(1) In general.—Together with each study under subsection (a), and annually as the Commandant considers appropriate, the Commandant shall carry out a survey of individuals described in paragraph (2) on access to Coast Guard child development centers.
"(2) Participants.—
"(A) In general.—The Commandant shall seek the participation in the survey of the following Coast Guard individuals:
"(i) Commanding officers, regardless of whether the commanding officers have children.
"(ii) Regular and reserve personnel.
"(iii) Spouses of individuals described in clauses (i) and (ii).
"(B) Scope of participation.—Individuals described in clauses (i) through (iii) of subparagraph (A) shall be surveyed regardless of whether such individuals use or have access to Coast Guard child development centers or other Federal child care facilities.
"(C) Voluntary participation.—Participation of any individual described in subparagraph (A) in a survey shall be on a voluntary basis.
"(c) Availability.—On request, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives the results of any study or survey under this section."
[For definitions of "Coast Guard child development center" and "qualified family" used in section 8233 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.]
Pilot Program To Expand Access to Child Care
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8234, Jan. 1, 2021, 134 Stat. 4663, provided that:
"(a) In General.—Commencing not later than 60 days after the date on which the report under section 8231 [of Pub. L. 116–283, 134 Stat. 4659] is submitted, the Commandant [of the Coast Guard] shall carry out a pilot program, based on the recommendations provided in such report, to expand access to public or private child development centers for qualified families.
"(b) Duration.—The duration of the pilot program under subsection (a) shall be not more than 3 years beginning on the date on which the pilot program is established.
"(c) Discharge on District Basis.—The Commandant—
"(1) may carry out the pilot program on a district basis; and
"(2) shall include in the pilot program remote and urban locations.
"(d) Reservation of Child Care Slots.—As part of the pilot program, the Commandant shall seek to enter into one or more memoranda of understanding with one or more child development centers to reserve slots for qualified families in locations in which—
"(1) the Coast Guard lacks a Coast Guard child development center; or
"(2) the wait lists for the nearest Coast Guard child development center or Department of Defense child development center, where applicable, indicate that qualified families may not be accommodated.
"(e) Annual Assessment of Results.—As part of any study conducted pursuant to section 8233(a) [of Pub. L. 116–283, set out as a note above] after the end of the 1-year period beginning with the commencement of the pilot program, the Commandant shall also undertake a current assessment of the impact of the pilot program on access to child development centers for qualified families. The Commandant shall include the results of any such assessment in the results of the most current study or survey submitted pursuant to section 8233(a)."
[For definitions of "Coast Guard child development center" and "qualified family" used in section 8234 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.]
Expanding Opportunities for Family Child Care
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8238, Jan. 1, 2021, 134 Stat. 4665, provided that: "Not later than 1 year after the date of the enactment of this Act [Jan. 1, 2021], the Commandant [of the Coast Guard] shall—
"(1) establish a procedure to allow Coast Guard family child care centers to occur at off-base housing, including off-base housing owned or subsidized by the Coast Guard; and
"(2) establish a procedure to ensure that all requirements with respect to such family child care programs are met, including home inspections."
[For definition of "Coast Guard family child care center" used in section 8238 of Pub. L. 116–283, set out above, see section 8239 of Pub. L. 116–283, set out as a note below.]
Use of Coast Guard and Military Child Development Centers
Pub. L. 108–293, title II, §225, Aug. 9, 2004, 118 Stat. 1040, provided that: "The Secretary of Defense and the Secretary of the department in which the Coast Guard is operating, when operating other than as a service in the Navy, may agree to provide child care services to members of the armed forces, with reimbursement, in Coast Guard and military child development centers supported in whole or in part with appropriated funds. For purposes of military child development centers operated under the authority of subchapter II of chapter 88 of title 10, United States Code, the child of a member of the Coast Guard shall be considered the same as the child of a member of any of the other armed forces."
Definitions
Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8239, Jan. 1, 2021, 134 Stat. 4665, provided that: "In this subtitle [subtitle C (§§8231–8239) of title LVXXXII [LXXXII] of div. G of Pub. L. 116–283, enacting section 2926 of this title, amending this section and section 2923 of this title, and enacting provisions set out as notes above]:
"(1) Coast guard child development center.—The term 'Coast Guard child development center' has the meaning given that term in section 2921(3) of title 14, United States Code.
"(2) Coast guard family child care center.—The term 'Coast Guard family child care center' means a location at which family home daycare is provided.
"(3) Family child care provider.—The term 'family child care provider' means an individual who provides family home daycare.
"(4) Family home daycare.—The term 'family home daycare' has the meaning given that term in section 2921(5) of title 14, United States Code.
"(5) Qualified family.—The term 'qualified family' means any regular, reserve, or retired member of the Coast Guard, and any civilian employee of the Coast Guard, with one or more dependents."
§2923. Child development center standards and inspections
(a) Standards.—The Commandant shall require each Coast Guard child development center to meet standards of operation—
(1) that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center; and
(2) necessary for accreditation by an appropriate national early childhood programs accrediting entity.
(b) Inspections.—
(1) In general.—Not less than twice annually, the Commandant shall ensure that each Coast Guard child development center is subject to an unannounced inspection.
(2) Responsibility for inspections.—Of the biannual inspections under paragraph (1)—
(A) 1 shall be carried out by a representative of the Coast Guard installation served by the Coast Guard child development center concerned; and
(B) 1 shall be carried out by a representative of the Coast Guard child development services work-life programs.
(c) National Reporting.—
(1) In general.—The Commandant shall maintain and publicize a means by which an individual can report, with respect to a Coast Guard child development center or a family home daycare—
(A) any suspected violation of—
(i) standards established under subsection (a); or
(ii) any other applicable law or standard;
(B) suspected child abuse or neglect; or
(C) any other deficiency.
(2) Anonymous reporting.—The Commandant shall ensure that an individual making a report pursuant to paragraph (1) may do so anonymously if so desired by the individual.
(3) Procedures.—The Commandant shall establish procedures for investigating reports made pursuant to paragraph (1).
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3031, §553; renumbered §2923, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8237(a), Jan. 1, 2021, 134 Stat. 4664; Pub. L. 117–263, div. K, title CXIV, §11401(b), Dec. 23, 2022, 136 Stat. 4106.)
Editorial Notes
Amendments
2022—Subsec. (a). Pub. L. 117–263 amended subsec. (a) generally. Prior to amendment, text read as follows: "The Commandant shall require each Coast Guard child development center to meet standards that the Commandant considers appropriate to ensure the health, safety, and welfare of the children and employees at the center."
2021—Subsec. (b). Pub. L. 116–283 added subsec. (b) and struck out former subsec. (b). Prior to amendment, text read as follows: "The Commandant shall provide for regular and unannounced inspections of each Coast Guard child development center to ensure compliance with this section."
2018—Pub. L. 115–282 renumbered section 553 of this title as this section.
§2924. Child development center employees
(a) Training.—
(1) In general.—The Commandant shall establish a training program for Coast Guard child development center employees and satisfactory completion of the training program shall be a condition of employment for each employee of a Coast Guard child development center.
(2) Timing for new hires.—The Commandant shall require each employee of a Coast Guard child development center to complete the training program established under paragraph (1) not later than 6 months after the date on which the employee is hired.
(3) Minimum requirements.—The training program established under paragraph (1) shall include, at a minimum, instruction with respect to—
(A) early childhood development;
(B) activities and disciplinary techniques appropriate to children of different ages;
(C) child abuse and neglect prevention and detection; and
(D) cardiopulmonary resuscitation and other emergency medical procedures.
(4) Use of department of defense programs.—The Commandant may use Department of Defense training programs, on a reimbursable or nonreimbursable basis, for purposes of this subsection.
(b) Training and Curriculum Specialists.—
(1) Specialist required.—The Commandant shall require that at least 1 employee at each Coast Guard child development center be a specialist in training and curriculum development with appropriate credentials and experience.
(2) Duties.—The duties of the specialist described in paragraph (1) shall include—
(A) special teaching activities;
(B) daily oversight and instruction of other child care employees;
(C) daily assistance in the preparation of lesson plans;
(D) assisting with child abuse and neglect prevention and detection; and
(E) advising the director of the center on the performance of the other child care employees.
(3) Competitive service.—Each specialist described in paragraph (1) shall be an employee in a competitive service position.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3032, §554; renumbered §2924, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 554 of this title as this section.
§2925. Parent partnerships with child development centers
(a) Parent Boards.—
(1) Formation.—The Commandant shall require that there be formed at each Coast Guard child development center a board of parents, to be composed of parents of children attending the center.
(2) Functions.—Each board of parents formed under paragraph (1) shall—
(A) meet periodically with the staff of the center at which the board is formed and the commander of the unit served by the center, for the purpose of discussing problems and concerns; and
(B) be responsible, together with the staff of the center, for coordinating any parent participation initiative established under subsection (b).
(3) Chapter 10 of title 5.—Chapter 10 of title 5 does not apply to a board of parents formed under paragraph (1).
(b) Parent Participation Initiative.—The Commandant is authorized to establish a parent participation initiative at each Coast Guard child development center to encourage and facilitate parent participation in educational and related activities at the center.
(Added Pub. L. 113–281, title II, §214(a), Dec. 18, 2014, 128 Stat. 3032, §555; renumbered §2925, Pub. L. 115–282, title I, §117(b), Dec. 4, 2018, 132 Stat. 4230; amended Pub. L. 117–286, §4(a)(60), Dec. 27, 2022, 136 Stat. 4312.)
Editorial Notes
Amendments
2022—Subsec. (a)(3). Pub. L. 117–286 substituted "Chapter 10 of title 5" for "FACA" in heading and "Chapter 10 of title 5" for "The Federal Advisory Committee Act (5 U.S.C. App.)" in text.
2018—Pub. L. 115–282 renumbered section 555 of this title as this section.
§2926. Family child care providers
(a) In General.—Not less frequently than quarterly, the Commandant shall ensure that each family child care provider is subject to inspection.
(b) Responsibility for Inspections.—Of the quarterly inspections under subsection (a) each year—
(1) 3 inspections shall be carried out by a representative of the Coast Guard installation served by the family child care provider concerned; and
(2) 1 inspection shall be carried out by a representative of the Coast Guard child development services work-life programs.
(Added Pub. L. 116–283, div. G, title LVXXXII [LXXXII], §8237(b)(1), Jan. 1, 2021, 134 Stat. 4665.)
§2927. Child care subsidy program
(a) In General.—
(1) Authority.—The Commandant may operate a child care subsidy program to provide financial assistance to eligible providers that provide child care services or youth program services to members of the Coast Guard, members of the Coast Guard with dependents who are participating in the child care subsidy program, and any other individual the Commandant considers appropriate, if—
(A) providing such financial assistance—
(i) is in the best interests of the Coast Guard; and
(ii) enables supplementation or expansion of the provision of Coast Guard child care services, while not supplanting or replacing Coast Guard child care services; and
(B) the Commandant ensures, to the extent practicable, that the eligible provider is able to comply, and does comply, with the regulations, policies, and standards applicable to Coast Guard child care services.
(2) Eligible providers.—A provider of child care services or youth program services is eligible for financial assistance under this section if the provider—
(A) is licensed to provide such services under applicable State and local law or meets all applicable State and local health and safety requirements if licensure is not required;
(B) is either—
(i) is 1 a family home daycare; or
(ii) is 1 a provider of family child care services that—
(I) otherwise provides federally funded or federally sponsored child development services;
(II) provides such services in a child development center owned and operated by a private, not-for-profit organization;
(III) provides a before-school or after-school child care program in a public school facility;
(IV) conducts an otherwise federally funded or federally sponsored school-age child care or youth services program; or
(V) conducts a school-age child care or youth services program operated by a not-for-profit organization; or
(C) is a provider of another category of child care services or youth program services the Commandant considers appropriate for meeting the needs of members or civilian employees of the Coast Guard.
(3) Financial assistance for in-home child care.—
(A) In general.—The Commandant may provide financial assistance to members of the Coast Guard who pay for services provided by in-home child care providers.
(B) Requirements.—In carrying out such program, the Commandant shall establish a policy and procedures to—
(i) support the needs of families who request services provided by in-home childcare providers;
(ii) provide the appropriate amount of financial assistance to provide to families described in paragraph, that is at minimum consistent with the program authorized in subsection (a)(1); and
(iii) ensure the appropriate qualifications for such in-home child care provider, which shall at minimum—
(I) take into consideration qualifications for available in-home child care providers in the private sector; and
(II) ensure that the qualifications the Commandant determines appropriate under this paragraph are comparable to the qualifications for a provider of child care services in a Coast Guard child development center or family home day care.
(b) Direct Payment.—
(1) In general.—In carrying out a child care subsidy program under subsection (a)(1), subject to paragraph (3), the Commandant shall provide financial assistance under the program to an eligible member or individual the Commandant considers appropriate by direct payment to such eligible member or individual through monthly pay, direct deposit, or other direct form of payment.
(2) Policy.—Not later than 180 days after the date of the enactment of this section, the Commandant shall establish a policy to provide direct payment as described in paragraph (1).
(3) Eligible provider funding continuation.—With the approval of an eligible member or an individual the Commandant considers appropriate, which shall include the written consent of such member or individual, the Commandant may continue to provide financial assistance under the child care subsidy program directly to an eligible provider on behalf of such member or individual.
(4) Rule of construction.—Nothing in this subsection may be construed to affect any preexisting reimbursement arrangement between the Coast Guard and a qualified provider.
(Added Pub. L. 117–263, div. K, title CXIV, §11401(c)(1)(A), Dec. 23, 2022, 136 Stat. 4106.)
Editorial Notes
References in Text
The date of the enactment of this section, referred to in subsec. (b)(2), is the date of enactment of Pub. L. 117–263, which was approved Dec. 23, 2022.
Statutory Notes and Related Subsidiaries
Expansion of Child Care Subsidy Program
Pub. L. 117–263, div. K, title CXIV, §11401(c)(2), Dec. 23, 2022, 136 Stat. 4108, provided that:
"(A) In general.—The Commandant [of the Coast Guard] shall—
"(i) evaluate potential eligible uses for the child care subsidy program established under section 2927 of title 14, United States Code (referred to in this paragraph as the 'program');
"(ii) expand the eligible uses of funds for the program to accommodate the child care needs of members of the Coast Guard (including such members with nonstandard work hours and surge or other deployment cycles), including in-home care as described in section 2927(a)(3) of title 14, United States Code, and including by providing funds directly to such members instead of care providers; and
"(iii) streamline enrollment policies, practices, paperwork, and requirements for eligible child care providers to reduce barriers for members to enroll in such providers.
"(B) Considerations.—In evaluating potential eligible uses under subparagraph (A), the Commandant shall consider in-home child care services, care services such as supplemental care for children with disabilities, and any other child care delivery method the Commandant considers appropriate.
"(C) Requirements.—In establishing expanded eligible uses of funds for the program, the Commandant shall ensure that such uses—
"(i) are in the best interests of the Coast Guard;
"(ii) provide flexibility for members of the Coast Guard, including such members and employees with nonstandard work hours; and
"(iii) ensure a safe environment for dependents of such members and employees.
"(D) Publication.—Not later than 18 months after the date of the enactment of this Act [Dec. 23, 2022], the Commandant shall publish an updated Commandant Instruction Manual (referred to in this paragraph as the 'manual') that describes the expanded eligible uses of the program.
"(E) Report.—
"(i) In general.—Not later than 18 months after the date of the enactment of this Act, the Commandant shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report outlining the expansion of the program.
"(ii) Elements.—The report required by clause (i) shall include the following:
"(I) An analysis of the considerations described in subparagraph (B).
"(II) A description of the analysis used to identify eligible uses that were evaluated and incorporated into the manual under subparagraph (D).
"(III) A full analysis and justification with respect to the forms of care that were ultimately not included in the manual.
"(IV) Any recommendation with respect to funding or additional authorities necessary, including proposals for legislative change, to meet the current and anticipated future child care subsidy demands of the Coast Guard.
"(V) A description of the steps taken to streamline enrollment policies, practices, and requirements for eligible child care providers in accordance with paragraph (2)(A)(iii)."
SUBCHAPTER III—HOUSING
Editorial Notes
Amendments
2018—Pub. L. 115–282, title I, §117(c)(3), Dec. 4, 2018, 132 Stat. 4232, inserted subchapter III designation and heading.
§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.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 680 of this title as this section.
2010—Pub. L. 111–281 added pars. (1) and (2), redesignated former pars. (4) and (5) as (3) and (4), respectively, and struck out former pars. (1) to (3) which read as follows:
"(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 'eligible entity' means any private person, corporation, firm, partnership, or company and any State or local government or housing authority of a State or local government."
2004—Pars. (3) to (5). Pub. L. 108–293 added par. (3) and redesignated former pars. (3) and (4) as (4) and (5), respectively.
Statutory Notes and Related Subsidiaries
Savings Clause
Pub. L. 111–281, title II, §221(b), Oct. 15, 2010, 124 Stat. 2920, provided that: "This section [amending this section and sections 681, 685, 687, and 688 of this title and repealing sections 682 to 684, 686, 687a, and 689 of this title] shall not affect any action commenced prior to the date of enactment of this Act [Oct. 15, 2010]."
§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.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 681 of this title as this section.
2010—Subsec. (a). Pub. L. 111–281, §221(a)(2)(A), in introductory provisions, substituted "acquire or construct the following:" for "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:".
Subsec. (a)(1). Pub. L. 111–281, §221(a)(2)(B), substituted "Military family housing" for "Family housing units".
Subsec. (a)(2). Pub. L. 111–281, §221(a)(2)(C), substituted "Military unaccompanied housing" for "Unaccompanied housing units".
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.
§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.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., §133a (June 19, 1942, ch. 419, §2, 56 Stat. 372) and on the following language contained in the Coast Guard appropriation act for 1949, "Pay and Allowances" and preceding years: "hire of quarters for Coast Guard personnel comparable to quarters assignable on a capital ship of the Navy, as authorized by the Secretary to meet emergency conditions, including officers and men 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: Provided, That under this authorization no funds may be expended for the hire of quarters for occupancy by the dependents of officers or enlisted personnel" (June 19, 1948, ch. 558, 62 Stat. 562).
Changes were made in phraseology. 81st Congress, House Report No. 557.
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 475 of this title as this section.
1987—Subsecs. (b) to (d). Pub. L. 100–180 redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which read as follows: "Notwithstanding the provisions of any other law, members of the Coast Guard, with dependents, may occupy on a rental basis, without loss of basic allowance for quarters, inadequate quarters under the jurisdiction of the Coast Guard notwithstanding that such quarters may have been constructed or converted for assignment as public quarters. The net difference between the basic allowance for quarters and the fair rental value of such quarters shall be paid from otherwise available appropriations; however, no rental charge for such quarters shall be made against the basic allowance for quarters of a member of the Coast Guard in excess of 75 percent of such allowance except that in no event shall the net rental value charged to the member's basic allowance for quarters be less than the cost of maintaining and operating the housing."
1982—Subsec. (b). Pub. L. 97–295 substituted "percent" for "per centum".
Subsecs. (e), (f). Pub. L. 97–322 repealed subsec. (e) which required that the Secretary, annually and not later than April 1, file with the Speaker of the House and the President of the Senate a report of the utilization of subsecs. (a), (b), and (d) authority during the preceding calendar year, and subsec. (f) which prohibited utilization of subsecs. (a), (b), (c), or (d) authority after Apr. 1, 1973, unless all required subsec. (e) reports were filed with the Congress.
1981—Subsec. (a). Pub. L. 97–136 inserted provisions authorizing the Secretary 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, and further provided that such authority shall be effective in any fiscal year only to such extent or in such amounts as are provided in appropriation acts.
1980—Subsec. (a). Pub. L. 96–376 substituted "multiyear basis" for "multi-year basis," and authorized advance payment for any housing facilities lease in accordance with local custom and practice.
Subsec. (e). Pub. L. 96–470 struck out reference to subsec. (c).
1976—Subsec. (a). Pub. L. 94–546, §1(30)(a), substituted "Secretary" for "Secretary of the Department in which the Coast Guard is operating" wherever appearing.
Pub. L. 94–478 inserted provision allowing leases for housing facilities in foreign countries to be made on a multi-year basis.
Subsec. (e). Pub. L. 94–546, §1(30)(b), which was executed to subsec. (e) as the probable intent of Congress, substituted "Secretary" for "Secretary of the Department in which the Coast Guard is operating" and struck out "commencing April 1, 1973," after "not later than April 1,".
Pub. L. 94–406, §4(1), redesignated subsec. (f) as (e). Former subsec. (e), which provided that the authority conferred by subsecs. (b) and (c) of this section expire on June 30, 1976, was struck out.
Subsecs. (f), (g). Pub. L. 94–406, §4(1), (2), redesignated subsec. (g) as (f) and substituted "(e)" for "(f)". Former subsec. (f) redesignated (e).
1973—Subsec. (e). Pub. L. 93–65 extended termination date of authority provided in subsecs. (b) and (c) from June 30, 1973, to June 30, 1976.
1972—Subsec. (a). Pub. L. 92–343, §4(1), substituted "The Secretary of the Department in which the Coast Guard is operating" for "The Secretary" in first sentence.
Subsec. (e). Pub. L. 92–343, §4(2), struck out reference to subsec. (a) and extended authority provided in subsecs. (b) and (c) to June 30, 1973.
Subsecs. (f), (g). Pub. L. 92–343, §4(3), added subsecs. (f) and (g).
1970—Pub. L. 91–278 substituted "Leasing and hiring of quarters; rental of inadequate housing" for "Hiring of quarters for personnel" in section catchline, designated existing provisions as subsec. (d), and added subsecs. (a) to (c) and (e).
Executive Documents
Ex. Ord. No. 11645. Authority of Secretary of Homeland Security To Prescribe Certain Regulations Relating to Housing
Ex. Ord. No. 11645, Feb. 8, 1972, 37 F.R. 2923, as amended by Ex. Ord. No. 13286, §59, Feb. 28, 2003, 68 F.R. 10629, provided:
By virtue of the authority vested in me by section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:
Section 1. The Secretary of Homeland Security is designated and empowered to prescribe (or, under a delegation of the Secretary's authority, the Commandant of the Coast Guard is authorized to prescribe) regulations pursuant to section 475(c) [now 2943(c)] of title 14 of the United States Code, relating to the designation and leasing of rental housing, without the approval, ratification, or other action by the President.
Sec. 2. Whenever the entire Coast Guard operates as a service in the Navy, the reference to the Secretary of Homeland Security in section 1 of this order shall be deemed to be a reference to the Secretary of the Navy.
§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.)
Editorial Notes
Amendments
2022—Pub. L. 117–286 substituted "chapter 10 of title 5" for "the Federal Advisory Committee Act (5 U.S.C. App.)" in concluding provisions.
2018—Pub. L. 115–282 renumbered section 680 of this title as this section.
§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.)
Editorial Notes
Amendments
2018—Pub. L. 115–282, §117(b), renumbered section 685 of this title as this section.
Subsec. (b)(1). Pub. L. 115–282, §123(b)(2), substituted "section 2946" for "section 687".
2011—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.
2010—Pub. L. 111–281 amended section generally. Prior to amendment, section authorized Secretary to convey or lease existing property and facilities under certain conditions.
2002—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.)".
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)".
2000—Subsec. (c)(3). Pub. L. 106–400 substituted "McKinney-Vento Homeless Assistance Act" for "Stewart B. McKinney Homeless Assistance Act".
§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.)
Editorial Notes
Amendments
2018—Pub. L. 115–282, §117(b), renumbered section 687 of this title as this section.
Subsec. (b)(3). Pub. L. 115–282, §123(b)(2), substituted "section 2945" for "section 685".
Subsec. (b)(4). Pub. L. 115–282, §123(b)(2), substituted "section 504(a)(13)" for "section 93(a)(13)".
Subsec. (b)(5). Pub. L. 115–282, §123(b)(2), substituted "section 908(b)" for "section 672a(b)".
2014—Subsec. (b)(4), (5). Pub. L. 113–281 added pars. (4) and (5).
2010—Subsec. (b)(2). Pub. L. 111–281, §221(a)(6)(A)(i), substituted "or military unaccompanied" for "or unaccompanied".
Subsec. (b)(3). Pub. L. 111–281, §221(a)(6)(A)(ii), substituted "military family housing and" for "military family and" and struck out "or lease" after "conveyance" and "or facilities" after "property".
Subsec. (b)(4). Pub. L. 111–281, §221(a)(6)(A)(iii), struck out par. (4) which read as follows: "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."
Subsec. (c)(1). Pub. L. 111–281, §221(a)(6)(B), as amended by Pub. L. 111–330, amended par. (1) generally. Prior to amendment, par. (1) read as follows: "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."
Subsec. (e). Pub. L. 111–281, §221(a)(6)(C), struck out "or (b)(3)" after "subsection (b)(2)".
Subsecs. (f), (g). Pub. L. 111–281, §221(a)(6)(D), struck out subsecs. (f) and (g) which related to limitation on amount of budget authority and demonstration projects authorized, respectively.
2004—Subsec. (g). Pub. L. 108–293, §207(d)(1), substituted "Projects" for "Project" in heading.
Subsec. (g)(1). Pub. L. 108–293, §207(2), (3), substituted "demonstration projects" for "a demonstration project" and "Kodiak, Alaska, or any other Coast Guard installation in Alaska;" for "Kodiak, Alaska;".
Subsec. (g)(2). Pub. L. 108–293, §207(d)(4), substituted "such a demonstration project" for "the demonstration project".
Subsec. (g)(4). Pub. L. 108–293, §207(d)(5), substituted "such demonstration projects" for "the demonstration project".
2002—Subsec. (b)(2). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
Subsec. (f). Pub. L. 107–295, §402(b), substituted "$40,000,000" for "$20,000,000".
Subsec. (g). Pub. L. 107–295, §402(c), added subsec. (g).
Statutory Notes and Related Subsidiaries
Effective Date of 2010 Amendment
Pub. L. 111–330, §1, Dec. 22, 2010, 124 Stat. 3569, provided that the amendment made by section 1(2) is effective with the enactment of Pub. L. 111–281.
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.
Amounts Credited to Coast Guard Housing Fund
Pub. L. 116–93, div. D, title II, §232, Dec. 20, 2019, 133 Stat. 2517, provided that: "Beginning in fiscal year 2021 and for each fiscal year thereafter, amounts credited to the Coast Guard Housing Fund pursuant to paragraphs (3) through (5) of subsection (b) of section 2946 of title 14, United States Code, shall be classified as discretionary offsetting receipts."
§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.)
Editorial Notes
Amendments
2018—Pub. L. 115–282 renumbered section 688 of this title as this section.
2010—Pub. L. 111–281 amended section generally. Prior to amendment, section required Secretary to include with the annual budget various reports and other materials in support of the budget.
2002—Par. (4). Pub. L. 107–296 substituted "of Homeland Security" for "of Transportation".
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 Title 10, Armed Forces.
Final Report
Pub. L. 104–324, title II, §208(b), Oct. 19, 1996, 110 Stat. 3913, provided that by March 1, 2000, the Secretary of the department in which the Coast Guard was operating was to submit to Congress a report on the use by the Secretary of the authorities provided by former chapter 18 of this title.