110 STAT. 554 PUBLIC LAW 104-106—FEB. 10, 1996 "§ 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 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 convey- ance 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) CONSIDERATION. —(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) NOTICE AND WAIT REQUIREMENTS.— The Secretary concerned may not enter into an agreement to convey a family housing facility under this section until— "(1) the Secretary submits to the appropriate committees of Congress, in writing, a justification for the conveyance under the agreement, including— "(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; and "(2) a period of 21 calendar days has elapsed after the date on which the justification is received by the committees. " (d) INAPPLICABILITY OF CERTAIN PROPERTY DISPOSAL LAWS.— The following provisions of law do not apply to the conveyance of a family housing facility under this section: "(1) The Federal Property and Administrative Services Act of 1949 (40 U.S.C. 471 et seq.). "(2) Title V of the Stewart B. McKinney 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 replace the family housing facility conveyed under this section, but only to the extent that the number of units constructed with such proceeds
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