Don't show this message again
42 U.S. Code § 3374. Acquisition of property at or near military bases which have been ordered to be closed and certain property owned by members of the Armed Forces, Department of Defense 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 closedNotwithstanding any other provision of law, the Secretary of Defense is authorized to acquire 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 Department of Defense has, subsequent to November 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 installation (other than a temporary employee serving under a time limitation), a nonappropriated fund instrumentality employee employed at a nonappropriated fund instrumentality operated in connection with such base or installation, or a member of the Armed Forces of the United States assigned thereto;
(ii)
that the closing of such base or installation, in whole or in part, has required or will require the termination of such owner’s employment or service at or in connection with such base or installation 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; and
(iii)
that as the result of the actual or pending closing of such base or installation 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 reasonable 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 realignment or closure carried out under the 2005 round of defense base closure and realignment 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 residence of the owner; and
(vi)
that the owner has not previously received benefit payments authorized under this subsection.
(2) Homeowner assistance for wounded members of the Armed Forces, Department of Defense and United States Coast Guard civilian employees, and their spousesNotwithstanding any other provision of law, the Secretary of Defense is authorized to acquire 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 medical treatment or rehabilitation, or due to medical retirement in connection with such disability;
(B) any civilian employee of the Department 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 medical treatment, rehabilitation, or due to medical retirement resulting from the sustained disability; or
(C) the spouse of a member of the Armed Forces or a civilian employee of the Department 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 residence within 2 years after the death of such member or employee.
(3) Temporary homeowner assistance for members of the Armed Forces permanently reassigned during specified mortgage crisisNotwithstanding any other provision of law, the Secretary of Defense is authorized to acquire 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 determines—
(A)
that the owner is a member of the Armed Forces serving on permanent assignment;
(B)
that the owner is permanently reassigned by order of the United States Government to a duty station or home port outside a 50-mile radius of the base or installation;
(C)
that the reassignment was ordered between 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 residence of the owner; and
(G)
that the owner has not previously received benefit payments authorized under this subsection.