
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: 10USC2878]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
     CHAPTER 169--MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING
 
SUBCHAPTER IV--ALTERNATIVE AUTHORITY FOR ACQUISITION AND IMPROVEMENT OF 
                            MILITARY HOUSING
 
Sec. 2878. Conveyance or lease of existing property and 
        facilities
        
    (a) Conveyance or Lease Authorized.--The Secretary concerned may 
convey or lease property or facilities (including ancillary supporting 
facilities) to eligible entities for purposes of using the proceeds of 
such conveyance or lease to carry out activities under this subchapter.
    (b) Inapplicability to Property at Installation Approved for 
Closure.--The authority of this section does not apply to property or 
facilities located on or near a military installation approved for 
closure under a base closure law.
    (c) Terms and Conditions.--(1) The conveyance or lease of property 
or facilities under this section shall be for such consideration and 
upon such terms and conditions as the Secretary concerned considers 
appropriate for the purposes of this subchapter and to protect the 
interests of the United States.
    (2) As part or all of the consideration for a conveyance or lease 
under this section, the purchaser or lessor (as the case may be) shall 
enter into an agreement with the Secretary to ensure that a suitable 
preference will be afforded members of the armed forces and their 
dependents in the lease or sublease of a reasonable number of the 
housing units covered by the conveyance or lease, as the case may be, or 
in the lease of other suitable housing units made available by the 
purchaser or lessee.
    (d) Inapplicability of Certain Property Management Laws.--The 
conveyance or lease of property or facilities under this section shall 
not be subject to the following provisions of law:
        (1) Section 2667 of this title.
        (2) The Federal Property and Administrative Services Act of 1949 
    (40 U.S.C. 471 et seq.).
        (3) Section 321 of the Act of June 30, 1932 (commonly known as 
    the Economy Act) (40 U.S.C. 303b).
        (4) Section 501 of the McKinney-Vento Homeless Assistance Act 
    (42 U.S.C. 11411).

(Added Pub. L. 104-106, div. B, title XXVIII, Sec. 2801(a)(1), Feb. 10, 
1996, 110 Stat. 547; amended Pub. L. 105-85, div. A, title X, 
Sec. 1073(a)(60), Nov. 18, 1997, 111 Stat. 1903; Pub. L. 106-65, div. B, 
title XXVIII, Sec. 2803(g), Oct. 5, 1999, 113 Stat. 849; 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)(2), 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.


                               Amendments

    2000--Subsec. (d)(4). Pub. L. 106-400 substituted ``McKinney-Vento 
Homeless Assistance Act'' for ``Stewart B. McKinney Homeless Assistance 
Act''.
    1999--Subsec. (a). Pub. L. 106-65 substituted ``eligible entities'' 
for ``private persons''.
    1997--Subsec. (d)(4). Pub. L. 105-85 substituted ``11411'' for 
``11401''.

                  Section Referred to in Other Sections

    This section is referred to in sections 2883, 2884 of this title.
