§2854a — Title 10 Armed Forces | U.S. Code

§2854a Conveyance of damaged or deteriorated military family housing; use of proceeds

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART IV— - SERVICE, SUPPLY, AND PROPERTY › Chapter CHAPTER 169— - MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › Subchapter SUBCHAPTER III— - ADMINISTRATION OF MILITARY CONSTRUCTION AND MILITARY FAMILY HOUSING › § 2854a

Last updated Apr 6, 2026|Official source

Summary

The Secretary may sell or transfer military family housing that is so damaged or worn out that fixing it would not make sense. The sale can include the land with the housing. This rule does not apply to housing at bases set to close under a base-closure law or at foreign sites where the Department of Defense has ended operations. The total value of housing sold under this rule in one year cannot be more than $5,000,000. A house is considered uneconomical to repair if repair costs would be more than 70% of the cost to build a replacement. The buyer must pay the United States the fair market value, which the Secretary decides and which is final. The Secretary must wait 14 days after sending an electronic notice to the relevant congressional committees before making the transfer. That notice must explain the sale and give estimates of the sale price, repair cost, and replacement cost. Certain federal property and procurement rules and part of the McKinney‑Vento homeless assistance law do not apply to these transfers. Money from any sale must go into the military housing fund under section 2883 and can only be used to build replacement units (no more units than were sold), repair or restore existing military housing, or repay the Secretary’s costs related to the sale. Those proceeds are available without needing another appropriation. The Secretary will fix the exact land description, including by survey if needed, and can add other terms to protect the United States.

Title 10, §2854a

Armed Forces — Source: USLM XML via OLRC

(a)(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)(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)(1)The Secretary concerned may enter into an agreement to convey a family housing facility under this section only after the end of the 14-day period beginning on the date on which the Secretary submits, in an electronic medium pursuant to section 480 of this title, to the appropriate committees of Congress a notice containing a justification for the conveyance under the agreement.

(2)A notice under paragraph (1) shall include—

(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.

(d)The following provisions of law do not apply to the conveyance of a family housing facility under this section:

(1)Subtitle I of title 40 and division C (except section 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.

(2)Title V of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et seq.).

(e)(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)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The McKinney-Vento Homeless Assistance Act, referred to in subsec. (d)(2), is Pub. L. 100–77, July 22, 1987, 101 Stat. 482. Title V of the Act is classified generally to subchapter V (§ 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

2017—Subsec. (c). Pub. L. 115–91 added subsec. (c) and struck out former subsec. (c) which set out written notice and wait requirements. 2011—Subsec. (d)(1). Pub. L. 111–350 substituted “division C (except section 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.)”. 2003—Subsec. (c)(2). Pub. L. 108–136 struck out “calendar” after “21” and inserted before period at end “or, if over sooner, a period of 14 days has elapsed after the date on which a copy of the justification is provided in an electronic medium pursuant to section 480 of this title”. 2002—Subsec. (d)(1). Pub. L. 107–217 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.)”. 2001—Subsec. (d)(2). Pub. L. 107–107 substituted “McKinney-Vento Homeless Assistance Act” for “Stewart B. McKinney Homeless Assistance Act”.