
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(d)(1)]
[CITE: 10USC2854a]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
  SUBCHAPTER III--ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY 
                             FAMILY HOUSING
 
Sec. 2854a. Conveyance of damaged or deteriorated military 
        family housing; use of proceeds
        
    (a) Authority To Convey.--(1) The Secretary concerned may convey any 
family housing facility that, due to damage or deterioration, is in a 
condition that is uneconomical to repair. Any conveyance of a family 
housing facility under this section may include a conveyance of the real 
property associated with the facility conveyed.
    (2) The authority of this section does not apply to family housing 
facilities located at military installations approved for closure under 
a base closure law or family housing facilities located at an 
installation outside the United States at which the Secretary of Defense 
terminates operations.
    (3) The aggregate total value of the family housing facilities 
conveyed by the Department of Defense under the authority in this 
subsection in any fiscal year may not exceed $5,000,000.
    (4) For purposes of this subsection, a family housing facility is in 
a condition that is uneconomical to repair if the cost of the necessary 
repairs for the facility would exceed the amount equal to 70 percent of 
the cost of constructing a family housing facility to replace such 
facility.
    (b) Consideration.--(1) As consideration for the conveyance of a 
family housing facility under subsection (a), the person to whom the 
facility is conveyed shall pay the United States an amount equal to the 
fair market value of the facility conveyed, including any real property 
conveyed along with the facility.
    (2) The Secretary concerned shall determine the fair market value of 
any family housing facility and associated real property that is 
conveyed under subsection (a). Such determination shall be final.
    (c) Notice and Wait Requirements.--The Secretary concerned may not 
enter into an agreement to convey a family housing facility under this 
section until--
        (1) the Secretary submits to the appropriate committees of 
    Congress, in writing, a justification for the conveyance under the 
    agreement, including--
            (A) an estimate of the consideration to be provided the 
        United States under the agreement;
            (B) an estimate of the cost of repairing the family housing 
        facility to be conveyed; and
            (C) an estimate of the cost of replacing the family housing 
        facility to be conveyed; and

        (2) a period of 21 calendar days has elapsed after the date on 
    which the justification is received by the committees.

    (d) Inapplicability of Certain Property Disposal Laws.--The 
following provisions of law do not apply to the conveyance of a family 
housing facility under this section:
        (1) The Federal Property and Administrative Services Act of 1949 
    (40 U.S.C. 471 et seq.).
        (2) Title V of the McKinney-Vento Homeless Assistance Act (42 
    U.S.C. 11411 et seq.).

    (e) Use of Proceeds.--(1) The proceeds of any conveyance of a family 
housing facility under this section shall be credited to the appropriate 
fund established under section 2883 of this title and shall be 
available--
        (A) to construct family housing units to replace the family 
    housing facility conveyed under this section, but only to the extent 
    that the number of units constructed with such proceeds does not 
    exceed the number of units of military family housing of the 
    facility conveyed;
        (B) to repair or restore existing military family housing; and
        (C) to reimburse the Secretary concerned for the costs incurred 
    by the Secretary in conveying the family housing facility.

    (2) Notwithstanding section 2883(d) of this title, proceeds derived 
from a conveyance of a family housing facility under this section shall 
be available under paragraph (1) without any further appropriation.
    (f) Description of Property.--The exact acreage and legal 
description of any family housing facility conveyed under this section, 
including any real property associated with such facility, shall be 
determined by such means as the Secretary concerned considers 
satisfactory, including by survey in the case of real property.
    (g) Additional Terms and Conditions.--The Secretary concerned may 
require such additional terms and conditions in connection with the 
conveyance of family housing facilities under this section as the 
Secretary considers appropriate to protect the interests of the United 
States.

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2818(a)(1), Feb. 10, 
1996, 110 Stat. 553; amended Pub. L. 106-400, Sec. 2, Oct. 30, 2000, 114 
Stat. 1675.)

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (d)(1), is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. Provisions of the Act relating to management and 
disposal of Government property are classified to chapter 10 (Sec. 471 
et seq.) of Title 40, Public Buildings, Property, and Works. For 
complete classification of this Act to the Code, see Short Title note 
set out under section 471 of Title 40 and Tables.
    The McKinney-Vento Homeless Assistance Act, referred to in subsec. 
(d)(2), is Pub. L. 100-77, July 22, 1987, 101 Stat. 482, as amended. 
Title V of the Act is classified generally to subchapter V (Sec. 11411 
et seq.) of chapter 119 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.


                               Amendments

    2000--Subsec. (d)(2). Pub. L. 106-400 substituted ``McKinney-Vento 
Homeless Assistance Act'' for ``Stewart B. McKinney Homeless Assistance 
Act''.

                  Section Referred to in Other Sections

    This section is referred to in title 40 section 485.
