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10 U.S.C. § 2878 — Conveyance or lease of existing property and facilities
Federal law — U.S. Code and appendices · legal_authorities
**(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) Competitive Process.—** The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from the eligible entity permit full and free competition consistent with the value and nature of the property or facilities involved.
**(d) 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.
**(e) Inapplicability of Certain Property Management Laws.—** The conveyance or lease of property or facilities under this section shall not be s
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Stable record: federal_law:legal_authorities:record_usc_ca35b077a67a027fa0cf3a0e
Source file: Laws/federal/codes/united-states-code/title-10/section-2878-conveyance-or-lease-of-existing-property-and-facilities--9dbad3a576.md
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Source location: Title 10, Chapter 169, § 2878; chapter-169-military-construction-and-military-family-housing.md
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**(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) Competitive Process.—** The Secretary concerned shall ensure that the time, method, and terms and conditions of the reconveyance or lease of property or facilities under this section from the eligible entity permit full and free competition consistent with the value and nature of the property or facilities involved.
**(d) 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.
**(e) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2667&num=0&edition=prelim).
(2) Subtitle I of title 40 and division C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41.
(3) [Section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim).
(4) Section 501 of the McKinney-Vento Homeless Assistance Act ([42 U.S.C. 11411](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section11411&num=0&edition=prelim)).
**(f) Notice of Lease Extensions.—**
(1) The Secretary concerned shall provide to the congressional defense committees notice in writing and a briefing—
(A) not later than 60 days after beginning negotiations with a lessor for the extension of the term of any ground lease of property or facilities under this section; and
(B) not later than 90 days before extending the term of any ground lease of property or facilities under this section.
(2) A notice and briefing required under paragraph (1) shall include each of the following:
(A) A description of any material differences between the extended ground lease and the original ground lease, including with respect to—
(i) the length of the term of the lease, as extended; and
(ii) any new provisions that materially affect the rights and responsibilities of the ground lessor or the ground lessee under the original ground lease.
(B) The number of housing units or facilities subject to the ground lease that, during the lease extension, are to be—
(i) constructed;
(ii) demolished; or
(iii) renovated.
(C) The source of any additional financing the lessor has obtained, or intends to obtain, during the term of the ground lease extension that will be used for the development of the property or facilities subject to the ground lease.
(D) The following information, displayed annually, for the five-year period preceding the date of the notice and briefing:
(i) The debt-to-net operating income ratio for the property or facility subject to the ground lease.
(ii) The occupancy rates for the housing units subject to the ground lease.
(iii) A report on maintenance response times and completion of maintenance requests for the housing units subject to the ground lease.
(iv) The occupancy rates and debt-to-net operating income ratios of any other military privatized housing initiative projects managed by a company that controls, or that is under common control with, the ground lessee entering into the lease extension.
(E) An assessment of compliance by the lessor with the Military Housing Privatization Initiative Tenant Bill of Rights developed under [section 2890 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2890&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
Except as otherwise specifically provided by law, the leasing of buildings and property of the Federal Government shall be for a money consideration only. The lease may not include any provision for the alteration, repair, or improvement of the buildings or property as a part of the consideration for the rent to be paid for the use and occupation of the buildings or property. Money derived from the rent shall be deposited in the Treasury as miscellaneous receipts.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1302
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Development of Tenant Bill of Rights and Tenant Responsibilities Documents.—**
(1) The Secretary of Defense shall develop two separate documents, to be known as the Military Housing Privatization Initiative Tenant Bill of Rights and the Military Housing Privatization Initiative Tenant Responsibilities, for tenants of housing units.
(2) The Secretary of each military department shall ensure that the housing documents are attached to each lease agreement for a housing unit.
(3) The rights and responsibilities contained in the housing documents are not intended to be exclusive. The omission of a tenant right or responsibility shall not be construed to deny the existence of such a right or responsibility for tenants.
(4) Each contract between the Secretary concerned and a landlord shall incorporate the housing documents and guarantee the rights and responsibilities of tenants who reside in housing units covered by the contract.
(5) The Secretary of Defense shall develop the housing documents in coordination with the Secretaries of the military departments.
**(b) Elements of Tenant Bill of Rights.—** At a minimum, the Military Housing Privatization Initiative Tenant Bill of Rights shall address the following rights of tenants of housing units:
(1) The right to reside in a housing unit and community that meets applicable health and environmental standards.
(2) The right to reside in a housing unit that has working fixtures, appliances, and utilities and to reside in a community with well-maintained common areas and amenity spaces.
(3) The right to be provided with a maintenance history of the prospective housing unit before signing a lease, as provided in [section 2892a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2890
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Identification of suitable property** The Secretary of Housing and Urban Development shall, on a quarterly basis, request information from each landholding agency regarding Federal public buildings and other Federal real properties (including fixtures) that are excess property or surplus property or that are described as unutilized or underutilized in surveys by the heads of landholding agencies under section 524(a)(2) and (3) of title 40. No later than 25 days after receiving a request from the Secretary, the head of each landholding agency shall transmit such information to the Secretary. No later than 30 days after receiving such information, the Secretary shall identify which of those buildings and other properties are suitable for use to assist the homeless.
**(b) Availability of property**
(1) The Secretary shall promptly notify each Federal agency with respect to any property of that agency that the Secretary has identified under subsection (a). No later than 45 days after receipt of such a notice, the head of the appropriate landholding agency shall transmit to the Secretary the agency’s response to property identifications contained in such notification, which shall include—
(A) in the case of unutilized or underutilized property—
(i) a statement of intention to determine the property excess to the agency’s needs;
(ii) a statement of intention to make the property available for use to assist the homeless; or
(iii) a statement of the reasons (including a full explanation of the need) the property cannot be determined excess to the agency’s needs or made available for use to assist the homeless; and
(B) in the case of excess property—
(i) a statement that there is no other compelling Federal need for the property and, therefore,
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 11411
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Lease Authority.—** Whenever the Secretary concerned considers it advantageous to the United States, the Secretary concerned may lease to such lessee and upon such terms as the Secretary concerned considers will promote the national defense or to be in the public interest, real or personal property that—
(1) is under the control of the Secretary concerned;
(2) is not for the time needed for public use; and
(3) is not excess property, as defined by [section 102 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section102&num=0&edition=prelim).
**(b) Conditions on Leases.—** A lease under subsection (a)—
(1) may not be for more than five years, unless the Secretary concerned determines that a lease for a longer period will promote the national defense or be in the public interest;
(2) may give the lessee the first right to buy the property if the lease is revoked to allow the United States to sell the property under any other provision of law;
(3) shall permit the Secretary to revoke the lease at any time, unless he determines that the omission of such a provision will promote the national defense or be in the public interest;
(4) shall provide for the payment (in cash or in kind) by the lessee of consideration in an amount that is not less than the fair market value of the lease interest, as determined by the Secretary;
(5) may provide, notwithstanding [section 1302 of title 40](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1302&num=0&edition=prelim) or any other provision of law, for the alteration, repair, or improvement, by the lessee, of the property leased as the payment of part or all of the consideration for the lease;
(6) except as otherwise provided in subsection (d), shall require the
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2667
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** There are hereby established on the books of the Treasury the following accounts:
(1) The Department of Defense Family Housing Improvement Fund.
(2) The Department of Defense Military Unaccompanied Housing Improvement Fund.
**(b) Commingling of Funds Prohibited.—**
(1) The Secretary of Defense shall administer each Fund separately.
(2) Amounts in the Department of Defense Family Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military family housing.
(3) Amounts in the Department of Defense Military Unaccompanied Housing Improvement Fund may be used only to carry out activities under this subchapter with respect to military unaccompanied housing.
**(c) Credits to Funds.—**
(1) There shall be credited to the Department of Defense Family Housing Improvement Fund the following:
(A) Amounts authorized for and appropriated to that Fund.
(B) Subject to subsection (f), any amounts that the Secretary of Defense transfers, in such amounts as provided in appropriation Acts, to that Fund from amounts authorized and appropriated to the Department of Defense for the acquisition, improvement, or construction of military family housing.
(C) Proceeds from the conveyance or lease of property or facilities under [section 2878 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2878&num=0&edition=prelim) for the purpose of carrying out activities under this subchapter with respect to military family housing.
(D) Income derived from any activities under this subchapter with respect to military family housing, including interest on loans made under [section 2873 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section28
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2883
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Project Reports.—**
(1) The Secretary concerned shall transmit to the appropriate committees of Congress a report describing—
(A) each contract or agreement for the acquisition or construction of family housing units or unaccompanied housing units under this subchapter; and
(B) each conveyance or lease proposed under [section 2878 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2878&num=0&edition=prelim).
(2) A report required by paragraph (1) shall include the following:
(A) A description of the contract, agreement, conveyance, or lease, including a summary of the terms of the contract, agreement, conveyance, or lease.
(B) A description of the authorities to be utilized in entering into the contract, agreement, conveyance, or lease and the intended method of participation of the United States in the contract, agreement, conveyance, or lease, including a justification of the intended method of participation.
(C) A statement of the scored cost of the contract, agreement, conveyance, or lease, as determined by the Office of Management and Budget.
(D) A statement of the United States funds required for the contract, agreement, conveyance, or lease and a description of the source of such funds, including a description of the specific construction, acquisition, or improvement projects from which funds were transferred to the Funds established under [section 2883 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2883&num=0&edition=prelim) in order to finance the contract, agreement, conveyance, or lease.
(E) An economic assessment of the life cycle costs of the contract, agreement, conveyance, or lease, including an estimate of the amount of United States funds tha
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2884
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Federal law — U.S. Code and appendices · legal_authorities
Page 2301
TITLE 10—ARMED FORCES
§ 2878
Secretary under this section may not exceed an
amount equal to 45 percent 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 invest-
ment.
(3) 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.
(d) COLLATERAL INCENTIVE AGREEMENTS.—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.
(Added Pub. L. 104–106, div. B, title XXVIII,
§ 2801(a)(1), Feb. 10, 1996, 110 Stat. 546; amended
Pub. L. 105–85, div. B, title XXVIII, § 2805, Nov.
18, 1997, 111 Stat. 1991; Pub. L. 106–65, div. B, title
XXVIII, § 2803(d), (h)(1), Oct. 5, 1999, 113 Stat. 849;
Pub. L. 108–136, div. A, title X, § 1031(a)(50), Nov.
24, 2003, 117 Stat. 1602; Pub. L. 113–66, div. B, title
XXVIII, § 2805, Dec. 26, 2013, 127 Stat. 1008.)
Editorial Notes
AMENDMENTS
2013—Subsec. (e). Pub. L. 113–66 struck out subsec. (e).
Text read as follows: ‘‘Amounts in the Department of
Defense Family Housing Improvement Fund or the De-
partment of Defense Military Unaccompanied Housing
Improvement Fund may be used to make a cash invest-
ment under this section in an eligible entity only after
the end of the 30-day period beginning on the date the
Secretary of
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2878
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 8181
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 11411
SUBCHAPTER V—IDENTIFICATION AND USE
OF SURPLUS FEDERAL PROPERTY
§ 11411. Use of unutilized and underutilized pub-
lic buildings and real property to assist the
homeless
(a) Identification of suitable property
The Secretary of Housing and Urban Develop-
ment shall, on a quarterly basis, request infor-
mation from each landholding agency regarding
Federal public buildings and other Federal real
properties (including fixtures) that are excess
property or surplus property or that are de-
scribed as unutilized or underutilized in surveys
by the heads of landholding agencies under sec-
tion 524(a)(2) and (3) of title 40. No later than 25
days after receiving a request from the Sec-
retary, the head of each landholding agency
shall transmit such information to the Sec-
retary. No later than 30 days after receiving
such information, the Secretary shall identify
which of those buildings and other properties
are suitable for use to assist the homeless.
(b) Availability of property
(1) The Secretary shall promptly notify each
Federal agency with respect to any property of
that agency that the Secretary has identified
under subsection (a). No later than 45 days after
receipt of such a notice, the head of the appro-
priate landholding agency shall transmit to the
Secretary the agency’s response to property
identifications contained in such notification,
which shall include—
(A) in the case of unutilized or underutilized
property—
(i) a statement of intention to determine
the property excess to the agency’s needs;
(ii) a statement of intention to make the
property available for use to assist the
homeless; or
(iii) a statement of the reasons (including
a full explanation of the need) the property
c
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 11411
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 11411. This identifies an authority to review, not proof of applicability.