Pub. L. 101-510, div. B, tit. XXVIII, pt. A, sec. 2805

REVENUE FROM TRANSFER OR DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY

EnactedYear: 1990Length: 448 wordsOfficial source
SEC. 2805. REVENUE FROM TRANSFER OR DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY Section 204 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 485) is amended— (1) in subsection (a), by striking out “subsections (b), (c), (d), and (e)” and inserting in lieu thereof “subsections (b), (c), (d), (e), and (h)”; (2) in subsection (b), by striking out “All the proceeds” in the first sentence and inserting in lieu thereof “Except as provided in subsection (h), all the proceeds”; and (3) by adding at the end thereof the following new subsection: “(h) (1) If the Secretary of a military department determines that real property, and improvements thereon, under the control of that department (other than property at a military installation designated for closure or realignment) is excess to the needs of that department, the Secretary of Defense shall provide that the property be made available for transfer without reimbursement to the other military departments within the Department of Defense. If the property is not transferred to another military department, the Secretary of the military department concerned shall request the Administrator to transfer or dispose of such property in accordance with the provisions of this Act, section 13(g) of the Surplus Property Act of 1944 (50 U.S.C. App. 1622(g)), or other applicable law. “(2) The Administrator shall deposit any proceeds (less expenses of transferring or disposing of the property as provided in subsection (b)) in a special account in the Treasury of the United States. The amount deposited in such account with respect to the transfer or disposal of any such property shall be available, to the extent provided in appropriation Acts, as follows: “(A) 50 percent of such amount shall be available for facility maintenance and repair or environmental restoration at the military installation where the property is located. “(B) 50 percent of such amount shall be available for facility maintenance and repair and for environmental restoration by the military department that had jurisdiction over the property before it was disposed of or transferred. “(3) As part of the annual request for authorizations of appropriations to the Committees on Armed Services of the Senate and of the House of Representatives, the Secretary of Defense shall include an accounting of each transfer and disposal made in accordance with this subsection during the fiscal year preceding the fiscal year in which the request is made, including a detailed explanation of each such transfer and disposal and of the use of the proceeds received from it by the Department of Defense. “(4) For purposes of this subsection, the term ‘military installation’ shall have the meaning given that term in section 2687(e)(1) of title 10, United States Code.”.
Pub. L. 101-510, div. B, tit. XXVIII, pt. A, sec. 2805: REVENUE FROM TRANSFER OR DISPOSAL OF DEPARTMENT OF DEFENSE REAL PROPERTY | Justis AI