10 U.S.C. § 2875: Investments

The Secretary concerned may make investments in an eligible entity carrying out projects for the acquisition or construction of housing units suitable for use as military family housing or as military unaccompanied housing. An investment under this section may take the form of an acquisition of a limited partnership interest by the United States, a purchase of stock or other equity instruments by the United States, a purchase of bonds or other debt instruments by the United States, or any combination of such forms of investment. The cash amount of an investment under this section in an eligible entity may not exceed an amount equal to 33⅓ percent 1 of the capital cost (as determined by the Secretary concerned) of the project or projects that the eligible entity proposes to carry out under this section with the investment. 1 See Temporary Increase in Percentage of Value of Authorized Investment in Certain Privatized Military Housing Projects note below. If the Secretary concerned conveys land or facilities to an eligible entity as all or part of an investment in the eligible 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 1 of the capital cost (as determined by the Secretary) of the project or projects that the eligible entity proposes to carry out under this section with the investment. 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. The Secretary concerned shall enter into collateral incentive agreements with eligible 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. paragraph (1) of subsection (c) of section 2875 of title 10 , United States Code, by substituting ‘60 percent’ for ‘33 ⅓ percent’; and paragraph (2) of such subsection by substituting ‘60 percent’ for ‘45 percent’. In this subsection, the term ‘Secretary concerned’ has the meaning given such term in section 101 of title 10 , United States Code.”