10 U.S.C. § 2854a — Conveyance of damaged or deteriorated

Page 2277 TITLE 10—ARMED FORCES § 2854a Statutory Notes and Related Subsidiaries EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 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 facil- ity 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 con- veyed. (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 fa- cilities 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 sub- section 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 uneco- nomical to repair if the cost of the necessary re- pairs 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 fa- cility is conveyed shall pay the United States an amount equal to the fair market value of the fa- cility conveyed, including any real property conveyed along with the facility. (2) The Secretary concerned shall determine the fair market value of any family housing fa- cility and associated real property that is con- veyed under subsection (a). Such determination shall be final. (c) NOTICE AND WAIT REQUIREMENTS.—(1) The Secretary concerned may enter into an agree- ment to convey a family housing facility under this section only after the end of the 14-day pe- riod beginning on the date on which the Sec- retary submits, in an electronic medium pursu- ant to section 480 of this title, to the appro- priate committees of Congress a notice con- taining 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 agree- ment; (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) INAPPLICABILITY OF CERTAIN PROPERTY DIS- POSAL LAWS.—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 (ex- cept sections 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) 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 re- place 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 con- veyed; (B) to repair or restore existing military family housing; and (C) to reimburse the Secretary concerned for the costs incurred by the Secretary in con- veying 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 acre- age 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 Sec- retary concerned considers satisfactory, includ- ing by survey in the case of real property. (g) ADDITIONAL TERMS AND CONDITIONS.—The Secretary concerned may require such addi- tional terms and conditions in connection with the conveyance of family housing facilities under this section as the Secretary considers ap- propriate to protect the interests of the United States. (Added Pub. L. 104–106, div. B, title XXVIII, § 2818(a)(1), Feb. 10, 1996, 110 Stat. 553; amended Pub. L. 107–107, div. A, title X, § 1048(d)(1), Dec. 28, 2001, 115 Stat. 1227; Pub. L. 107–217, § 3(b)(21), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title X, § 1031(a)(46), Nov. 24, 2003, 117 Stat. 1602; Pub. L. 111–350, § 5(b)(49), Jan. 4, 2011, 124 Stat. 3846; Pub. L. 115–91, div. B, title XXVIII, § 2801(c)(3), Dec. 12, 2017, 131 Stat. 1843.) Editorial Notes REFERENCES IN TEXT The McKinney-Vento Homeless Assistance Act, re- ferred 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 classi- fication 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 no- tice and wait requirements. 2011—Subsec. (d)(1). Pub. L. 111–350 substituted ‘‘divi- sion C (except sections 3302, 3501(b), 3509, 3906, 4710, and 4711) of subtitle I of title 41’’ for ‘‘title III of the Fed- eral Property and Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)’’. 2003—Subsec. (c)(2). Pub. L. 108–136 struck out ‘‘cal- endar’’ 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 Page 2278 TITLE 10—ARMED FORCES § 2855 an electronic medium pursuant to section 480 of this title’’. 2002—Subsec. (d)(1). Pub. L. 107–217 substituted ‘‘Sub- title 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’’. § 2855. Law applicable to contracts for architec- tural and engineering services and construc- tion design (a) Contracts for architectural and engineer- ing services and construction design in connec- tion with a military construction project or a military family housing project shall be award- ed in accordance with chapter 11 of title 40. (b)(1) In the case of a contract referred to in subsection (a), if the Secretary concerned esti- mates that the initial award of the contract will be in an amount less than the threshold amount determined under paragraph (2), the contract shall be awarded in accordance with the set aside provisions of the Small Business Act (15 U.S.C. 631 et seq.). (2) The threshold amount under paragraph (1) is $1,000,000. (3) This subsection does not restrict the award of contracts to small business concerns under section 8(a) of the Small Business Act (15 U.S.C. 637(a)). (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 98–407, title VIII, § 808(a), Aug. 28, 1984, 98 Stat. 1521; Pub. L. 107–217, § 3(b)(22), Aug. 21, 2002, 116 Stat. 1297; Pub. L. 108–136, div. A, title XIV, § 1427(a), Nov. 24, 2003, 117 Stat. 1670; Pub. L. 115–232, div. B, title XXVIII, § 2804(a), (b), Aug. 13, 2018, 132 Stat. 2261.) Editorial Notes REFERENCES IN TEXT The Small Business Act, referred to in subsec. (b)(1), is Pub. L. 85–536, § 2(1 et seq.), July 18, 1958, 72 Stat. 384, which is classified generally to chapter 14A (§ 631 et seq.) of Title 15, Commerce and Trade. For complete classification of this Act to the Code, see Short Title note set out under section 631 of Title 15 and Tables. AMENDMENTS 2018—Subsec. (b)(1). Pub. L. 115–232, § 2804(a), sub- stituted ‘‘subsection (a),’’ for ‘‘subsection (a)—’’, struck out subpar. (B) designation before ‘‘if the Secretary’’, and struck out subpar. (A) which read as follows: ‘‘if the Secretary concerned estimates that the initial award of the contract will be in an amount greater than or equal to the threshold amount determined under paragraph (2), the contract may not be set aside exclusively for award to small business concerns; and’’. Subsec. (b)(2). Pub. L. 115–232, § 2804(b), substituted ‘‘threshold’’ for ‘‘initial threshold’’ and ‘‘$1,000,000’’ for ‘‘$300,000’’ and struck out last sentence which read as follows: ‘‘The Secretary of Defense may revise that amount in order to ensure that small business concerns receive a reasonable share of contracts referred to in subsection (a).’’ 2003—Subsec. (b)(2). Pub. L. 108–136 substituted ‘‘$300,000’’ for ‘‘$85,000’’. 2002—Subsec. (a). Pub. L. 107–217 substituted ‘‘chapter 11 of title 40’’ for ‘‘title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)’’. 1984—Pub. L. 98–407 designated existing provisions as subsec. (a) and added subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–232, div. B, title XXVIII, § 2804(c), Aug. 13, 2018, 132 Stat. 2262, provided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to fiscal year 2019 and each suc- ceeding fiscal year.’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–407, title VIII, § 808(b), Aug. 28, 1984, 98 Stat. 1522, provided that: ‘‘Subsection (b) of section 2855 of title 10, United States Code, as added by subsection (a), shall apply with respect to contracts awarded after September 30, 1984, except that the authority of the Secretary of Defense under paragraph (2) of that sub- section shall apply only with respect to contracts awarded after September 30, 1985.’’ EFFECTIVE DATE For effective date and applicability of section, see section 12(a) of Pub. L. 97–214, set out as a note under section 2801 of this title. § 2856. Military unaccompanied housing: stand- ards (a) LOCAL COMPARABILITY IN FLOOR AREAS.—In the construction, acquisition, and improvement of covered military unaccompanied housing, the Secretary concerned shall ensure that the floor areas of such housing in a particular locality (as designated by the Secretary concerned for pur- poses of this section) do not exceed the floor areas of similar housing in the private sector in that locality, except for purposes of meeting minimum area requirements under subsection (b)(1)(A). (b) FLOOR SPACE AND NUMBER OF MEMBERS AL- LOWED.—In the design and configuration of cov- ered military unaccompanied housing, the Sec- retary of Defense shall establish uniform design standards that— (1) provide a minimum area of floor space, not including bathrooms or closets, per indi- vidual occupying a unit of covered military unaccompanied housing; (2) ensure that not more than two individ- uals may occupy such a unit; and (3) provide definitions and measures that specify— (A) criteria of design; (B) quality of construction material to be used; and (C) levels of maintenance to be required. (c) COVERED MILITARY UNACCOMPANIED HOUS- ING.—For purposes of this section, section 2856a, and section 2856b, the term ‘‘covered military unaccompanied housing’’ means Government- owned military housing intended to be occupied by members of the armed forces serving a tour of duty unaccompanied by dependents. (Added Pub. L. 97–214, § 2(a), July 12, 1982, 96 Stat. 166; amended Pub. L. 101–510, div. A, title XIII, § 1301(19), Nov. 5, 1990, 104 Stat. 1668; Pub. L. 109–364, div. B, title XXVIII, § 2807(a)(1), Oct. 17, 2006, 120 Stat. 2468; Pub. L. 118–31, div. B, title XXVIII, § 2831(a)(1), Dec. 22, 2023, 137 Stat. 753; Pub. L. 118–159, div. A, title XVII, § 1701(a)(31), Dec. 23, 2024, 138 Stat. 2205.)