42 U.S.C. § 3374 — Acquisition of property at or near mili-

Page 5888 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 3351 to 3356 1 So in original. The second dash probably should not appear. SUBCHAPTER III—URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES §§ 3351 to 3356. Omitted Editorial Notes CODIFICATION Appropriations for this subchapter have not been au- thorized for fiscal years commencing after June 30, 1972. Section 3351, Pub. L. 89–754, title IX, § 901, Nov. 3, 1966, 80 Stat. 1282, set out the declaration of purpose for this subchapter. Section 3352, Pub. L. 89–754, title IX, § 902, Nov. 3, 1966, 80 Stat. 1283, related to grant authority, scope of assist- ance, and terms and conditions of programs under this subchapter. Section 3353, Pub. L. 89–754, title IX, § 903, Nov. 3, 1966, 80 Stat. 1283, related to amounts and restrictions on grants under this subchapter. Section 3354, Pub. L. 89–754, title IX, § 904, Nov. 3, 1966, 80 Stat. 1283, related to cooperation of Federal depart- ments and agencies with States, and coordination by Secretary of urban information and technical assist- ance programs under this subchapter. Section 3355, Pub. L. 89–754, title IX, § 905, Nov. 3, 1966, 80 Stat. 1283, defined ‘‘State’’, ‘‘Secretary’’, and ‘‘small communities’’. Section 3356, Pub. L. 89–754, title IX, § 906, Nov. 3, 1966, 80 Stat. 1284; Pub. L. 90–448, title XVII, § 1703, Aug. 1, 1968, 82 Stat. 603; Pub. L. 91–152, title III, § 308, Dec. 24, 1969, 83 Stat. 394; Pub. L. 91–609, title III, § 305, Dec. 31, 1970, 84 Stat. 1781, authorized appropriations. SUBCHAPTER IV—MISCELLANEOUS PROVISIONS § 3371. Assistance for housing in Alaska (a) Loans and grants; authorization; purposes The Secretary of Housing and Urban Develop- ment (hereinafter referred to as the ‘‘Sec- retary’’) may make loans and grants on the basis of need to the regional native housing au- thorities duly constituted under the laws of the State of Alaska for the purpose of providing planning assistance, housing rehabilitation, and maintaining an adequate administrative struc- ture in conjunction with the provision of hous- ing and related facilities for Alaska residents. (b) Amount of grants Grants under this section shall not exceed 75 per centum of the aggregate cost of the housing and related facilities to be constructed under an approved program, except that the Secretary may make a grant in excess of such limitation in any case, after consultation with State offi- cials. (c) Authorization of appropriations There is authorized to be appropriated not to exceed $10,000,000 to carry out the purposes of this section. (Pub. L. 89–754, title X, § 1004, Nov. 3, 1966, 80 Stat. 1284; Pub. L. 91–152, title II, § 220, Dec. 24, 1969, 83 Stat. 390; Pub. L. 95–557, title IX, § 904, Oct. 31, 1978, 92 Stat. 2125.) Editorial Notes AMENDMENTS 1978—Subsec. (a). Pub. L. 95–557, § 904(a), revised sub- sec. (a) generally to require that the Department of Housing and Urban Development make loans and grants, on the basis of need, to regional Alaska Native housing authorities for certain planning, administra- tive, and other expenses in conjunction with the provi- sion of housing and related facilities for Alaska resi- dents. Subsec. (b). Pub. L. 95–557, § 904(b), inserted ‘‘except that the Secretary may make a grant in excess of such limitation in any case, after consultation with State officials’’. 1969—Subsec. (a). Pub. L. 91–152 substituted ‘‘$10,875’’ for ‘‘$7,500’’. §§ 3372, 3373. Repealed. Pub. L. 91–609, title V, § 503(6), Dec. 31, 1970, 84 Stat. 1786 Section 3372, Pub. L. 89–754, title X, § 1010, Nov. 3, 1966, 80 Stat. 1286; Pub. L. 90–448, title XVII, § 1704, Aug. 1, 1968, 82 Stat. 603; Pub. L. 91–152, title IV, §§ 402, 417, Dec. 24, 1969, 83 Stat. 395, 401, related to application of ad- vances in technology to housing and urban develop- ment and provided for: statement of purpose and duties of Secretary; objectives of research and studies; execu- tion of research and studies directly or by contract, ac- quisition of property, and limitation on contracts; au- thorization of appropriations and availability of funds for expenditures; and limitation of authority under other provisions of law. See sections 1701z–1 to 1701z–4 of Title 12, Banks and Banking. Section 3373, Pub. L. 89–754, title X, § 1011, Nov. 3, 1966, 80 Stat. 1287, related to environmental studies and pro- vided for: Congressional findings and comprehensive program of research, studies, surveys, and analyses; powers and duties of Secretary; advisory committees, functions, personnel, compensation, travel, and other necessary expenses; execution of studies, surveys, re- search, and analyses directly or by contract, and limi- tation on contracts; and authorization of appropria- tions and availability of funds for expenditures. See sections 1701z–1 to 1701z–4 of Title 12, Banks and Bank- ing. § 3374. Acquisition of property at or near mili- tary bases which have been ordered to be closed and certain property owned by mem- bers of the Armed Forces, Department of De- fense and United States Coast Guard civilian employees, and surviving spouses (a) Authorization; conditions precedent (1) Acquisition of property at or near military installations that have been ordered to be closed Notwithstanding any other provision of law, the Secretary of Defense is authorized to ac- quire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two- family dwelling which is situated at or near a military base or installation which the De- partment of Defense has, subsequent to No- vember 1, 1964, ordered to be closed in whole or in part, if— (A) the Secretary determines— — 1 (i) that the owner of such property is, or has been, a Federal employee employed at or in connection with such base or instal- lation (other than a temporary employee serving under a time limitation), a non- appropriated fund instrumentality em- ployee employed at a nonappropriated fund instrumentality operated in connec- tion with such base or installation, or a Page 5889 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3374 2 See References in Text note below. member of the Armed Forces of the United States assigned thereto; (ii) that the closing of such base or in- stallation, in whole or in part, has re- quired or will require the termination of such owner’s employment or service at or in connection with such base or installa- tion or, in the case of a member of the Armed Forces not assigned to that base or installation at the time of public an- nouncement of such closing, will prevent any reassignment of such member to the base or installation; and (iii) that as the result of the actual or pending closing of such base or installa- tion in whole or in part, or if as the result of such action and other similar action in the same area, there is no present market for the sale of such property upon reason- able terms and conditions; or (B) the Secretary determines— (i) that the conditions in clauses (i) and (ii) of subparagraph (A) have been met; (ii) that the closing or realignment of the base or installation resulted from a re- alignment or closure carried out under the 2005 round of defense base closure and re- alignment under the Defense Base Closure and Realignment Act of 1990 (part XXIX 2 of Public Law 101–510; 10 U.S.C. 2687 note); (iii) that the property was purchased by the owner before July 1, 2006; (iv) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; (v) that the property is the primary resi- dence of the owner; and (vi) that the owner has not previously re- ceived benefit payments authorized under this subsection. (2) Homeowner assistance for wounded mem- bers of the Armed Forces, Department of Defense and United States Coast Guard ci- vilian employees, and their spouses Notwithstanding any other provision of law, the Secretary of Defense is authorized to ac- quire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two- family dwelling which was at the time of the relevant wound, injury, or illness, the primary residence of— (A) any member of the Armed Forces in medical transition who— (i) incurred a wound, injury, or illness in the line of duty during a deployment in support of the Armed Forces; (ii) is disabled to a degree of 30 percent or more as a result of such wound, injury, or illness, as determined by the Secretary of Defense; and (iii) is reassigned in furtherance of med- ical treatment or rehabilitation, or due to medical retirement in connection with such disability; (B) any civilian employee of the Depart- ment of Defense or the United States Coast Guard who— (i) was wounded, injured, or became ill in the performance of his or her duties during a forward deployment occurring on or after September 11, 2001, in support of the Armed Forces; and (ii) is reassigned in furtherance of med- ical treatment, rehabilitation, or due to medical retirement resulting from the sus- tained disability; or (C) the spouse of a member of the Armed Forces or a civilian employee of the Depart- ment of Defense or the United States Coast Guard if— (i) the member or employee was killed in the line of duty or in the performance of his or her duties during a deployment on or after September 11, 2001, in support of the Armed Forces or died from a wound, injury, or illness incurred in the line of duty during such a deployment; and (ii) the spouse relocates from such resi- dence within 2 years after the death of such member or employee. (3) Temporary homeowner assistance for mem- bers of the Armed Forces permanently re- assigned during specified mortgage crisis Notwithstanding any other provision of law, the Secretary of Defense is authorized to ac- quire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two- family dwelling situated at or near a military base or installation, if the Secretary deter- mines— (A) that the owner is a member of the Armed Forces serving on permanent assign- ment; (B) that the owner is permanently reas- signed by order of the United States Govern- ment to a duty station or home port outside a 50-mile radius of the base or installation; (C) that the reassignment was ordered be- tween February 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; (D) that the property was purchased by the owner before July 1, 2006; (E) that the property was sold by the owner between July 1, 2006, and September 30, 2012, or an earlier end date designated by the Secretary; (F) that the property is the primary resi- dence of the owner; and (G) that the owner has not previously re- ceived benefit payments authorized under this subsection. (b) Eligibility for benefits; criteria (1) In order to be eligible for the benefits of subsection (a)(1), a civilian employee or a mem- ber of the Armed Forces— (A) must be assigned to or employed at or in connection with the installation or activity at the time of public announcement of the clo- sure action, or employed by a nonappropriated fund instrumentality operated in connection with such base or installation; Page 5890 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3374 (B) must have been transferred from such in- stallation or activity, or terminated as an em- ployee as a result of a reduction in force, with- in six months prior to public announcement of the closure action; or (C) must have been transferred from the in- stallation or activity on an overseas tour within three years prior to public announce- ment of the closure action. (2) A member of the Armed Forces shall also be eligible for the benefits of subsection (a)(1) if the member— (A) was transferred from the installation or activity within three years prior to public an- nouncement of the closure action; and (B) in connection with the transfer, was in- formed of a future, programmed reassignment to the installation. (3) The eligibility of a civilian employee and member of the Armed Forces under paragraph (1) and a member of the Armed Forces under paragraph (2) for benefits under subsection (a)(1) in connection with the closure of an installation or activity is subject to the additional condi- tions set out in paragraphs (4) and (5). (4) At the time of public announcement of the closure action, or at the time of transfer or ter- mination as set forth above, such personnel or employees must— (A) have been the owner-occupant of the dwelling, or (B) have vacated the owned dwelling as a re- sult of being ordered into on-post housing dur- ing a six-month period prior to the closure an- nouncement. (5) As a consequence of such closure such em- ployees or personnel must— (A) be required to relocate because of mili- tary transfer or acceptance of employment be- yond a normal commuting distance from the dwelling for which compensation is sought, or (B) be unemployed, not as a matter of per- sonal choice, and able to demonstrate such fi- nancial hardship that they are unable to meet their mortgage payments and related ex- penses. (c) Election of benefits; mortgage loan encum- brance; foreclosure expenses (1) Homeowner assistance related to closed military installations (A) In general Such persons as the Secretary of Defense may determine to be eligible under the cri- teria set forth in subsection (a)(1) shall elect either— (i) to receive a cash payment as com- pensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference be- tween— (I) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of inten- tion to close all or part of the military base or installation; and (II) the fair market value of such prop- erty (as such value is so determined) at the time of the sale; or (ii) to receive, as purchase price for their property, an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages. (B) Reimbursement of expenses The Secretary may also pay a person who elects to receive a cash payment under sub- paragraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States. (2) Homeowner assistance for wounded indi- viduals and their spouses (A) In general Persons eligible under the criteria set forth in subsection (a)(2) may elect either— (i) to receive a cash payment as com- pensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference be- tween— (I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and (II) the fair market value of such prop- erty (as such value is determined by the Secretary of Defense) at the time of sale; or (ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages. (B) Determination of benefits The Secretary may also pay a person who elects to receive a cash payment under sub- paragraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States. (3) Homeowner assistance for permanently re- assigned individuals (A) In general Persons eligible under the criteria set forth in subsection (a)(3) may elect either— (i) to receive a cash payment as com- pensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference be- tween— (I) 95 per centum of prior fair market value of their property (as such value is determined by the Secretary of Defense); and (II) the fair market value of such prop- erty (as such value is determined by the Secretary of Defense) at the time of sale; or Page 5891 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3374 (ii) to receive, as purchase price for their property an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages. (B) Determination of benefits The Secretary may also pay a person who elects to receive a cash payment under sub- paragraph (A) an amount that the Secretary determines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the United States. (4) Compensation and limitations related to foreclosures and encumbrances Cash payment as compensation for losses sustained in a private sale shall not be made in any case in which the property is encum- bered by a mortgage loan guaranteed, insured, or held by a Federal agency unless such mort- gage loan is paid, assumed by a purchaser sat- isfactory to such Federal agency, or otherwise fully satisfied at or prior to the time such cash payment is made. Except in cases of pay- ment as compensation for losses, in the event of foreclosure by mortgagees commenced on or after public announcement of intention to close all or part of the military base or instal- lation the Secretary of Defense may reimburse or pay on account of eligible persons such sums as may be paid or be otherwise due and owing by such persons as the result of such foreclosure, including (without limiting the generality of the foregoing) direct costs of ju- dicial foreclosure, expenses and liabilities en- forceable according to the terms of their mort- gages or promissory notes, and the amount of debts, if any, established against such persons by a Federal agency in the case of loans made, guaranteed, or insured by such agency fol- lowing liquidation of the security for such loans. (d) Fund for extension of financial assistance; capital and receipts; availability of monies; covering into Treasury as miscellaneous re- ceipts; Federal title to and control of prop- erty; other laws unaffected; foreign prop- erties, exclusion There shall be in the Treasury a fund which shall be available to the Secretary of Defense for the purpose of extending the financial assistance provided above. The capital of such fund shall consist of such sums as may, from time to time, be appropriated thereto, and shall consist also of receipts from the management, rental, or sale of properties acquired under this section, which re- ceipts shall be credited to the fund and shall be available, together with funds appropriated therefor, for purchase or reimbursement pur- poses as provided above, as well as to defray ex- penses arising in connection with the acquisi- tion, management, and disposal of such prop- erties, including payment of principal, interest, and expenses of mortgages or other indebtedness thereon, and including the cost of staff services and contract services, costs of insurance, and other indemnity. Any part of such receipts not required for such expenses shall be covered into the Treasury as miscellaneous receipts. Prop- erties acquired under this section shall be con- veyed to, and acquired in the name of, the United States. The Secretary of Defense shall have the power to deal with, rent, renovate, and dispose of, whether by sales for cash or credit or otherwise, any properties so acquired: Provided, however, That no contract for acquisition, or ac- quisition, shall be deemed to constitute a con- tract for or acquisition of family housing units in support of military installations or activities within the meaning of section 1594i 2 of this title, nor shall it be deemed a transaction with- in the contemplation of section 2662 of title 10: Provided further, That no properties in foreign countries shall be acquired under this section, except in connection with compensation for property located on a base or installation pursu- ant to subsection (l). (e) Fund as source of payments to States in lieu of taxes; limitation on amount; allowance for public service expenditures Payments from the fund created by this sec- tion may be made in lieu of taxes to any State or political subdivision thereof, with respect to real property, including improvements thereon, acquired and held under this section. The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the State or subdivision, as the case may be, upon such property if it were not exempt from taxation, and shall reflect such allowance as may be considered appropriate for expenditures, if any, by the Government for streets, utilities, or other public services to serve such property. (f) Title requirements; terms and conditions of payment; finality of decisions The title to any property acquired under this section, the eligibility for, and the amounts of, cash payable, and the administration of the pre- ceding provisions of this section, shall conform to such requirements, and shall be administered under such conditions and regulations, as the Secretary of Defense may prescribe. Such regu- lations shall also prescribe the terms and condi- tions under which payments may be made and instruments accepted under this section, and all the determinations and decisions made pursuant to such regulations by the Secretary of Defense regarding such payments and conveyances and the terms and conditions under which they are approved or disapproved, shall be final and con- clusive and shall not be subject to judicial re- view. (g) Repealed. Pub. L. 111–5, div. A, title X, § 1001(a)(4), Feb. 17, 2009, 123 Stat. 197 (h) Omitted (i) Specific authorization for funds; expenditure of monies in Fund No funds may be appropriated for the acquisi- tion of any property under authority of this sec- tion unless such funds have been specifically au- thorized for such purpose in a military construc- tion authorization act, and no moneys in the fund created pursuant to subsection (d) of this Page 5892 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3374 section may be expended for any purpose except as may be provided in appropriation Acts. (j) Omitted (k) Reduction of operations at military base or installation The authority provided by this section to the Secretary of Defense shall also be available when the Department of Defense has ordered a reduction in the scope of operations at a mili- tary base or installation. All references in sub- sections (a), (b), (c), (n), and (o) to ‘‘closures’’ or ‘‘closings’’ or words of similar effect shall be deemed to include the reduction in scope of op- erations at a base or installation. (l) Foreign property losses Notwithstanding the provisions of subsection (a)(1)(A)(ii) and subsection (b)(5), Federal em- ployees or military personnel employed at or near a military base or installation outside the United States who are otherwise eligible under the criteria as set forth above shall be entitled to compensation for losses arising (1) out of the sale of property, or (2) out of the inability to sell property located on a base or installation, inci- dent to the owner’s transfer, reassignment, or involuntary termination of employment, which results in his relocation. Such employees or military personnel whose property is located off a base or installation shall be entitled to com- pensation under subsection (c) for losses sus- tained in private sales. Such employees or per- sonnel whose property is located on a base or in- stallation, who sell or are unable to find a pur- chaser for such property, may surrender their interest in such property to the United States, and shall be entitled to compensation, notwith- standing lack of ownership of the land on which such property is located, in an amount equal to (A) 90 per centum of the sum of the present own- er’s purchase price of the dwelling and improve- ments, and all costs of ownership including in- terest on notes, utilities and services, mainte- nance and insurance, less (B) the total of all housing allowances received from the Govern- ment during ownership and occupancy of the dwelling, all rents collected, and the sale price, if any, received for the property, as determined by the Secretary of Defense: Provided, however, That the maximum compensation shall in no event exceed 90 per centum of the unamortized portion of the cost of the property, including improvements, at the time ownership is termi- nated, as reflected in the amortization schedule, if any, relating to such property. For the pur- pose of this subsection, the term ‘‘United States’’ means the several States and the Dis- trict of Columbia. (m) Eligibility for benefits as to closure actions announced after April 1, 1973; criteria In addition to the coverage provided above, the benefits of subsection (a)(1) shall apply, as to closure actions in the several States and the District of Columbia announced after April 1, 1973, to otherwise eligible employees or per- sonnel who are (1) employed or assigned either at or near the base or installation affected by the closure action, and (2) are required to relo- cate, due to transfer, reassignment or involun- tary termination of employment, for reasons other than the closure action. (n) Relocation assistance for Coast Guard per- sonnel (1) Assistance under subsection (a)(1) shall be provided by the Secretary of Defense with re- spect to Coast Guard bases and installations or- dered to be closed, in whole or in part, after Jan- uary 1, 1987. Such assistance shall be provided under terms equivalent to those under which as- sistance is provided under subsection (a)(1) for closings of military bases and installations which are under the jurisdiction of the Sec- retary of Defense. (2) The Secretary of the department in which the Coast Guard is operating, if other than the Department of Defense, shall reimburse the Sec- retary of Defense for expenditures under sub- section (a)(1) made by the Secretary of Defense with respect to closings of Coast Guard bases and installations ordered when the Coast Guard is not operating as a service in the Navy. The Secretary of Defense and the Secretary of the department in which the Coast Guard is oper- ating shall enter into an agreement under which the Secretary of the department in which the Coast Guard is operating shall carry out such re- imbursement. (o) Relocation assistance for nonappropriated fund instrumentality and other civilian em- ployees (1) Assistance under subsection (a)(1) shall be provided by the Secretary of Defense with re- spect to nonappropriated fund instrumentality employees adversely affected by the closure of a base or installation ordered to be closed, in whole or in part, after December 31, 1988. (2) Notwithstanding subsection (b), a civilian employee who is serving overseas and is entitled to reemployment by the Federal Government (including a nonappropriated fund instrumen- tality of the United States) at or in connection with a base or installation ordered to be closed, in whole or in part, shall be entitled to the bene- fits of subsection (a)(1) to the same extent as an employee employed at or in connection with that base or installation. (3) All payments to a nonappropriated fund in- strumentality employee under this section shall be made from the funds available to the Sec- retary of Defense under subsection (d). (p) Definitions In this section: (1) the term ‘‘Armed Forces’’ has the mean- ing given the term ‘‘armed forces’’ in section 101(a) of title 10; (2) the term ‘‘civilian employee’’ has the meaning given the term ‘‘employee’’ in section 2105(a) of title 5; (3) the term ‘‘medical transition’’, in the case of a member of the Armed Forces, means a member who— (A) is in Medical Holdover status; (B) is in Active Duty Medical Extension status; (C) is in Medical Hold status; (D) is in a status pending an evaluation by a medical evaluation board; (E) has a complex medical need requiring six or more months of medical treatment; or Page 5893 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3374 (F) is assigned or attached to an Army Warrior Transition Unit, an Air Force Pa- tient Squadron, a Navy Patient Multidisci- plinary Care Team, or a Marine Patient Af- fairs Team/Wounded Warrior Regiment; and (4) the term ‘‘nonappropriated fund instru- mentality employee’’ means a civilian em- ployee who— (A) is a citizen of the United States; and (B) is paid from nonappropriated funds of Army and Air Force Exchange Service, Navy Resale and Services Support Office, Marine Corps exchanges, or any other instrumen- tality of the United States under the juris- diction of the Armed Forces which is con- ducted for the comfort, pleasure, content- ment, or physical or mental improvement of members of the Armed Forces. (Pub. L. 89–754, title X, § 1013, Nov. 3, 1966, 80 Stat. 1290; Pub. L. 91–142, title VI, § 602, Dec. 5, 1969, 83 Stat. 313; Pub. L. 91–511, title VI, § 612, Oct. 26, 1970, 84 Stat. 1225; Pub. L. 92–545, title VI, § 601, Oct. 25, 1972, 86 Stat. 1150; Pub. L. 93–166, title V, § 513(b), Nov. 29, 1973, 87 Stat. 679; Pub. L. 100–448, § 11, Sept. 28, 1988, 102 Stat. 1842; Pub. L. 101–510, div. A, title III, § 331, Nov. 5, 1990, 104 Stat. 1535; Pub. L. 102–190, div. B, title XXVIII, § 2823, Dec. 5, 1991, 105 Stat. 1547; Pub. L. 102–484, div. A, title X, § 1054(i), Oct. 23, 1992, 106 Stat. 2503; Pub. L. 103–337, div. B, title XXVIII, § 2805, Oct. 5, 1994, 108 Stat. 3053; Pub. L. 111–5, div. A, title X, § 1001(a), (b), Feb. 17, 2009, 123 Stat. 194, 198.) Editorial Notes REFERENCES IN TEXT The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(B)(ii), is part A of title XXIX of div. B of Pub. L. 101–510, Nov. 5, 1990, 104 Stat. 1808, which is set out as a note under section 2687 of Title 10, Armed Forces. For complete classification of this Act to the Code, see Tables. Section 1594i of this title, referred to in subsec. (d), was repealed by Pub. L. 97–214, § 7(3), July 12, 1982, 96 Stat. 173. CODIFICATION Subsecs. (h) and (j) of this section amended section 1715n(a)(8) and repealed section 1735h of Title 12, Banks and Banking, respectively, with such repealed section being covered by this section. AMENDMENTS 2009—Pub. L. 111–5, § 1001(b), inserted ‘‘and certain property owned by members of the Armed Forces, De- partment of Defense and United States Coast Guard ci- vilian employees, and surviving spouses’’ after ‘‘ordered to be closed’’ in section catchline. Subsec. (a). Pub. L. 111–5, § 1001(a)(1), designated ex- isting provisions as par. (1), inserted par. heading, sub- stituted ‘‘if—’’ for ‘‘if he determines’’ in introductory provisions, inserted ‘‘(A) the Secretary determines—’’, redesignated former pars. (1) to (3) as cls. (i) to (iii), re- spectively, of subpar. (A) and realigned margins, and added subpar. (B) and pars. (2) and (3). Subsec. (b). Pub. L. 111–5, § 1001(a)(2), substituted ‘‘subsection (a)(1)’’ for ‘‘this section’’ wherever appear- ing. Subsec. (c). Pub. L. 111–5, § 1001(a)(3), revised and re- structured subsec. (c) into pars. (1) to (4). Prior to amendment, subsec. (c) read as follows: ‘‘Such persons as the Secretary of Defense may determine to be eligi- ble under the criteria set forth above shall elect either (1) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between (A) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of intention to close all or part of the military base or installation and (B) the fair market value of such property (as such value is so determined) at the time of the sale, or (2) to receive, as purchase price for their property, an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of De- fense, or the amount of the outstanding mortgages. The Secretary may also pay a person who elects to receive a cash payment under clause (1) of the preceding sen- tence an amount that the Secretary determines appro- priate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the Federal Government. Cash payment as compensation for losses sustained in a private sale shall not be made in any case in which the property is encumbered by a mortgage loan guaran- teed, insured, or held by a Federal agency unless such mortgage loan is paid, assumed by a purchaser satisfac- tory to such Federal agency, or otherwise fully satis- fied at or prior to the time such cash payment is made. Except in cases of payment as compensation for losses, in the event of foreclosure by mortgagees commenced on or after public announcement of intention to close all or part of the military base or installation the Sec- retary of Defense may reimburse or pay on account of eligible persons such sums as may be paid or be other- wise due and owing by such persons as the result of such foreclosure, including (without limiting the gen- erality of the foregoing) direct costs of judicial fore- closure, expenses and liabilities enforceable according to the terms of their mortgages or promissory notes, and the amount of debts, if any, established against such persons by a Federal agency in the case of loans made, guaranteed, or insured by such agency following liquidation of the security for such loans.’’ Subsec. (g). Pub. L. 111–5, § 1001(a)(4), struck out sub- sec. (g). Text read as follows: ‘‘The Secretary of Defense is authorized to enter into such agreement with the Secretary of Housing and Urban Development as may be appropriate for the purposes of economy and effi- ciency of administration of this section. Such agree- ment may provide authority to the Secretary of Hous- ing and Urban Development and his designee to make any or all of the determinations and take any or all of the actions which the Secretary of Defense is author- ized to undertake pursuant to the preceding provisions of this section. Any such determinations shall be enti- tled to finality to the same extent as if made by the Secretary of Defense, and, in event the Secretaries of Defense and Housing and Urban Development so elect, the fund established pursuant to subsection (d) of this section shall be available to the Secretary of Housing and Urban Development to carry out the purposes thereof.’’ Subsec. (l). Pub. L. 111–5, § 1001(a)(5), substituted ‘‘(a)(1)(A)(ii)’’ for ‘‘(a)(2)’’. Subsec. (m). Pub. L. 111–5, § 1001(a)(6), substituted ‘‘subsection (a)(1)’’ for ‘‘this section’’. Subsec. (n)(1). Pub. L. 111–5, § 1001(a)(7)(A), which di- rected substitution of ‘‘subsection (a)(1)’’ for ‘‘this sec- tion’’, was executed by making the substitution in two places to reflect the probable intent of Congress. Subsec. (n)(2). Pub. L. 111–5, § 1001(a)(7)(B), sub- stituted ‘‘subsection (a)(1)’’ for ‘‘this section’’. Subsec. (o)(1), (2). Pub. L. 111–5, § 1001(a)(8)(A), (B), substituted ‘‘subsection (a)(1)’’ for ‘‘this section’’. Subsec. (o)(4). Pub. L. 111–5, § 1001(a)(8)(C), struck out par. (4) which defined ‘‘nonappropriated fund instru- mentality employee’’ and ‘‘civilian employee’’. Subsec. (p). Pub. L. 111–5, § 1001(a)(9), added subsec. (p). 1994—Subsec. (c). Pub. L. 103–337 inserted after first sentence ‘‘The Secretary may also pay a person who Page 5894 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 3401 elects to receive a cash payment under clause (1) of the preceding sentence an amount that the Secretary de- termines appropriate to reimburse the person for the costs incurred by the person in the sale of the property if the Secretary determines that such payment will benefit the person and is in the best interest of the Fed- eral Government.’’ 1992—Subsec. (a)(1). Pub. L. 102–484 substituted ‘‘member of the Armed Forces of the United States’’ for ‘‘serviceman’’. 1991—Subsec. (a)(1). Pub. L. 102–190, § 2823(b)(1)(A), which directed the substitution of ‘‘member of the Armed Forces of the United States’’ for ‘‘servicemen’’ could not be executed because the word ‘‘servicemen’’ did not appear. See 1992 Amendment note above. Subsec. (a)(2). Pub. L. 102–190, § 2823(b)(1)(B), inserted before semicolon ‘‘or, in the case of a member of the Armed Forces not assigned to that base or installation at the time of public announcement of such closing, will prevent any reassignment of such member to the base or installation’’. Subsec. (b). Pub. L. 102–190, § 2823(a), (b)(2), (3), sub- stituted pars. (1) to (3) for former introductory provi- sions and pars. (1) to (3); designated first proviso of sub- sec. (b) as par. (4) and substituted ‘‘At’’ for ‘‘Provided, That, at’’, redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively, and substituted period for colon at end of subpar. (B); and designated second proviso of subsec. (b) as par. (5) and substituted ‘‘As’’ for ‘‘Pro- vided further, That as’’ and redesignated cls. (i) and (ii) as subpars. (A) and (B), respectively. Prior to amend- ment, former introductory provisions and pars. (1) to (3) read as follows: ‘‘In order to be eligible for the bene- fits of this section such employees or military per- sonnel must be or have been— ‘‘(1) assigned to or employed at or in connection with the installation or activity at the time of public announcement of the closure action, or employed by a nonappropriated fund instrumentality operated in connection with such base or installation, ‘‘(2) transferred from such installation or activity, or terminated as employees as a result of reduction- in-force, within six months prior to public announce- ment of the closure action, or ‘‘(3) transferred from the installation or activity on an overseas tour unaccompanied by dependents with- in fifteen months prior to public announcement of the closure action:’’. Subsec. (l). Pub. L. 102–190, § 2823(b)(4), substituted ‘‘subsection (b)(5)’’ for ‘‘the second proviso of sub- section (b)’’. 1990—Subsec. (a)(1). Pub. L. 101–510, § 331(1), inserted ‘‘, a nonappropriated fund instrumentality employee employed at a nonappropriated fund instrumentality operated in connection with such base or installation,’’ after ‘‘limitation)’’. Subsec. (b)(1). Pub. L. 101–510, § 331(2), inserted at end ‘‘or employed by a nonappropriated fund instrumen- tality operated in connection with such base or instal- lation,’’. Subsec. (k). Pub. L. 101–510, § 331(3), substituted ‘‘(n), and (o)’’ for ‘‘and (n) of this section’’. Subsec. (o). Pub. L. 101–510, § 331(4), added subsec. (o). 1988—Subsec. (k). Pub. L. 100–448, § 11(1), substituted ‘‘(c), and (n)’’ for ‘‘and (c)’’. Subsec. (n). Pub. L. 100–448, § 11(2), added subsec. (n). 1973—Subsec. (m). Pub. L. 93–166 added subsec. (m). 1972—Subsec. (d). Pub. L. 92–545 inserted ‘‘, except in connection with compensation for property located on a base or installation pursuant to subsection (l)’’ to provision prohibiting acquisition of properties in for- eign countries under this section. Subsec. (l). Pub. L. 92–545 added subsec. (l). 1970—Subsec. (a)(3). Pub. L. 91–511 inserted ‘‘or if as the result of such action and other similar action in the same area,’’ after ‘‘part,’’. Subsec. (k). Pub. L. 91–511 added subsec. (k). 1969—Subsec. (c). Pub. L. 91–142, § 602(a), struck out ‘‘and prior to the one hundred and twentieth day after November 3, 1966,’’ after ‘‘installation’’ in third sen- tence. Subsec. (d). Pub. L. 91–142, § 602(b), excluded acquisi- tion of foreign properties under this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1970 AMENDMENT Pub. L. 91–511, title VI, § 612, Oct. 26, 1970, 84 Stat. 1225, provided that the amendment made by that sec- tion is effective Oct. 28, 1969. TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 42—NARCOTIC ADDICT REHABILITATION SUBCHAPTER I—GENERAL PROVISIONS Sec. 3401. Declaration of policy. 3402. State facilities and personnel for care and treatment; encouragement of adequate pro- vision; benefit of experience of Surgeon General and Attorney General. SUBCHAPTER II—CIVIL COMMITMENT OF PER- SONS NOT CHARGED WITH ANY CRIMINAL OF- FENSE 3411 to 3426. Repealed. SUBCHAPTER III—REHABILITATION AND POSTHOSPITALIZATION CARE PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES 3441, 3442. Repealed. SUBCHAPTER I—GENERAL PROVISIONS § 3401. Declaration of policy It is the policy of the Congress that certain persons charged with or convicted of violating Federal criminal laws, who are determined to be addicted to narcotic drugs, and likely to be re- habilitated through treatment, should, in lieu of prosecution or sentencing, be civilly committed for confinement and treatment designed to ef- fect their restoration to health, and return to society as useful members. It is the further policy of the Congress that certain persons addicted to narcotic drugs who are not charged with the commission of any of- fense should be afforded the opportunity, through civil commitment, for treatment, in order that they may be rehabilitated and re- turned to society as useful members and in order that society may be protected more effec- tively from crime and delinquency which result from narcotic addiction. (Pub. L. 89–793, § 2, Nov. 8, 1966, 80 Stat. 1438.) Editorial Notes CODIFICATION Section was not enacted as part of the Narcotic Ad- dict Rehabilitation Act of 1966, which is classified to subchapters II and III of this chapter, chapter 314 (sec- tion 4251 et seq.) of Title 18, Crimes and Criminal Pro- cedure, and chapter 175 (section 2901 et seq.) of Title 28, Judiciary and Judicial Procedure.