§ 475. — Leasing and hiring of quarters; rental of inadequate housing.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 14USC475]
TITLE 14--COAST GUARD
PART I--REGULAR COAST GUARD
CHAPTER 13--PAY, ALLOWANCES, AWARDS, AND OTHER RIGHTS AND BENEFITS
Sec. 475. 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; Pub. L. 91-278, Sec. 1(11), June
12, 1970, 84 Stat. 305; Pub. L. 92-343, Sec. 4, July 10, 1972, 86 Stat.
450; Pub. L. 93-65, Sec. 5, July 9, 1973, 87 Stat. 151; Pub. L. 94-406,
Sec. 4, Sept. 10, 1976, 90 Stat. 1236; Pub. L. 94-478, Oct. 11, 1976, 90
Stat. 2077; Pub. L. 94-546, Sec. 1(30), Oct. 18, 1976, 90 Stat. 2521;
Pub. L. 96-376, Sec. 4, Oct. 3, 1980, 94 Stat. 1509; Pub. L. 96-470,
title I, Sec. 112(d), Oct. 19, 1980, 94 Stat. 2240; Pub. L. 97-136,
Sec. 7, Dec. 29, 1981, 95 Stat. 1706; Pub. L. 97-295, Sec. 2(11), Oct.
12, 1982, 96 Stat. 1302; Pub. L. 97-322, title I, Sec. 106, Oct. 15,
1982, 96 Stat. 1582; Pub. L. 100-180, div. A, title VI, Sec. 632(b)(2),
Dec. 4, 1987, 101 Stat. 1105.)
Historical and Revision Notes
Based on title 14, U.S.C., 1946 ed., Sec. 133a (June 19, 1942, ch.
419, Sec. 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.
Amendments
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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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).
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, Sec. 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) 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.
