Notes on 10 U.S.C. § 2687 : US Code

Notes on 10 U.S.C. § 2687 : US Code - Notes

Search Notes on 10 U.S.C. § 2687 : US Code - Notes

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(Added Pub. L. 95-82, title VI, Sec. 612(a), Aug. 1, 1977, 91 Stat.
379; amended Pub. L. 95-356, title VIII, Sec. 805, Sept. 8, 1978,
92 Stat. 586; Pub. L. 97-214, Sec. 10(a)(8), July 12, 1982, 96
Stat. 175; Pub. L. 98-525, title XIV, Sec. 1405(41), Oct. 19, 1984,
98 Stat. 2624; Pub. L. 99-145, title XII, Sec. 1202(a), Nov. 8,
1985, 99 Stat. 716; Pub. L. 100-180, div. A, title XII, Sec.
1231(17), Dec. 4, 1987, 101 Stat. 1161; Pub. L. 101-510, div. B,
title XXIX, Sec. 2911, Nov. 5, 1990, 104 Stat. 1819; Pub. L. 104-
106, div. A, title XV, Sec. 1502(a)(1), Feb. 10, 1996, 110 Stat.
502; Pub. L. 106-65, div. A, title X, Sec. 1067(1), Oct. 5, 1999,
113 Stat. 774.)
AMENDMENTS
1999 - Subsec. (b)(1). Pub. L. 106-65 substituted "and the
Committee on Armed Services" for "and the Committee on National
Security".
1996 - Subsec. (b)(1). Pub. L. 104-106 substituted "Committee on
Armed Services of the Senate and the Committee on National Security
of the House of Representatives" for "Committees on Armed Services
of the Senate and House of Representatives".
1990 - Subsec. (e)(1). Pub. L. 101-510 inserted "homeport
facility for any ship," after "center," and substituted "under the
jurisdiction of the Department of Defense, including any leased
facility," for "under the jurisdiction of the Secretary of a
military department".
1987 - Subsec. (e). Pub. L. 100-180 inserted "The term" after
each par. designation and revised first word in quotes in each par.
to make initial letter of such word lowercase.
1985 - Pub. L. 99-145 amended section generally, thereby applying
the section only to closure of bases with more than 300 civilian
personnel authorized to be employed and to realignments involving a
reduction by more than 1,000, or by more than 50 percent, in the
number of civilian personnel authorized to be employed at bases
with more than 300 authorized civilian employees, striking out
advance public notice required by the Secretary of Defense or the
Secretary of the military department concerned when an installation
is a candidate for closure or realignment, requiring that all base
closure or realignment proposals be submitted to the Committee on
Armed Services of the Senate and of the House of Representatives as
part of the annual budget request and that such proposals contain
an evaluation of the fiscal, local economic, budgetary,
environmental, strategic, and operational consequences of such
action, providing that no irrevocable action to implement the
closure to realignment could be taken until the expiration of 30
legislative days or 60 calendar days, whichever is longer, and
making explicit the authority of the Secretary to obtain
architectural and engineering services under section 2807 of this
title and to use funds that would otherwise be available to effect
the closure or realignment after expiration of the notice period.
1984 - Subsec. (a)(2). Pub. L. 98-525, Sec. 1405(41)(A),
substituted "1,000" for "one thousand".
Subsec. (b)(2). Pub. L. 98-525, Sec. 1405(41)(B), inserted "(42
U.S.C. 4321 et seq.)".
Subsec. (b)(4). Pub. L. 98-525, Sec. 1405(41)(C), substituted
"60" for "sixty".
Subsec. (d)(1)(B). Pub. L. 98-525, Sec. 1405(41)(D), substituted
"300" for "three hundred".
1982 - Subsec. (d)(1). Pub. L. 97-214 substituted "a base, camp,
post, station, yard, center, or other activity under the
jurisdiction of the Secretary of a military department" for "any
camp, post, station, base, yard, or other facility under the
authority of the Department of Defense".
1978 - Subsec. (d)(1)(B). Pub. L. 95-356 substituted "three
hundred" for "five hundred".
EFFECTIVE DATE OF 1985 AMENDMENT
Section 1202(b) of Pub. L. 99-145 provided that: "The amendment
made by subsection (a) [amending this section] shall apply to
closures and realignments completed on or after the date of the
enactment of this Act [Nov. 8, 1985], except that any action taken
to effect or implement any closure or realignment for which a
public announcement was made pursuant to section 2687(b)(1) of
title 10, United States Code, after April 1, 1985, and before the
date of enactment of this Act shall be subject to the provisions of
section 2687 of such title as in effect on the day before such date
of enactment."
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-214 effective Oct. 1, 1982, and
applicable to military construction projects, and to construction
and acquisition of military family housing authorized before, on,
or after such date, see section 12(a) of Pub. L. 97-214, set out as
an Effective Date note under section 2801 of this title.
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-526, Sec. 1, Oct. 24, 1988, 102 Stat. 2623, provided
that: "This Act [amending sections 1095a, 2324, 2683, and 4415 of
this title, enacting provisions set out as notes under this section
and sections 154 and 2306 of this title, and amending provisions
set out as notes under section 2324 of this title] may be cited as
the 'Defense Authorization Amendments and Base Closure and
Realignment Act'."
EFFECTIVE DATE OF 1994 AMENDMENTS BY SECTION 2813(D)(1) AND (2) OF
PUB. L. 103-337
Pub. L. 103-337, div. B, title XXVIII, Sec. 2813(d)(3), Oct. 5,
1994, 108 Stat. 3055, provided that: "The amendments made by
paragraphs (1) and (2) [amending section 209(10) of Pub. L. 100-526
and section 2910(9) of Pub. L. 101-510, set out below] shall take
effect as if included in the amendments made by section 2918 of the
National Defense Authorization Act for Fiscal Year 1994 (Public Law
103-160; 107 Stat. 1927)."
EFFECTIVE DATE OF 1991 AMENDMENTS BY SECTION 344 OF PUB. L. 102-190
Pub. L. 102-190, div. A, title III, Sec. 344(c), Dec. 5, 1991,
105 Stat. 1346, provided that: "The amendments made by this section
[amending provisions set out as notes below] shall apply with
regard to the transfer or disposal of any real property or facility
pursuant to title II of the Defense Authorization Amendments and
Base Closure and Realignment Act [Pub. L. 100-526, set out below]
or the Defense Base Closure and Realignment Act of 1990 [part A of
title XXIX of div. B of Pub. L. 101-510, set out below] occurring
on or after the date of the enactment of this Act [Dec. 5, 1991]."
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 relating 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
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
REQUIRED CONSULTATION WITH STATE AND LOCAL ENTITIES ON ISSUES
RELATED TO INCREASE IN NUMBER OF MILITARY PERSONNEL AT MILITARY
INSTALLATIONS
Pub. L. 109-163, div. B, title XXVIII, Sec. 2835, Jan. 6, 2006,
119 Stat. 3521, provided that: "If the base closure and realignment
decisions of the 2005 round of base closures and realignments under
the Defense Base Closure and Realignment Act of 1990 (part A of
title XXIX of Public Law 101-510; 10 U.S.C. 2687 note) or the
Integrated Global Presence and Basing Strategy would result in an
increase in the number of members of the Armed Forces assigned to a
military installation, the Secretary of Defense, during the
development of the plans to implement the decisions or strategy
with respect to that installation, shall consult with appropriate
State and local entities to ensure that matters affecting the local
community, including requirements for transportation, utility
infrastructure, housing, education, and family support activities,
are considered."
CONSIDERATION OF SURGE REQUIREMENTS IN 2005 ROUND OF BASE
REALIGNMENTS AND CLOSURES
Pub. L. 108-136, div. B, title XXVIII, Sec. 2822, Nov. 24, 2003,
117 Stat. 1726, provided that:
"(a) Determination of Surge Requirements. - The Secretary of
Defense shall assess the probable threats to national security and,
as part of such assessment, determine the potential, prudent, surge
requirements to meet those threats.
"(b) Use of Determination. - The Secretary shall use the surge
requirements determination made under subsection (a) in the base
realignment and closure process under the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note), as amended by title XXX of the National
Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107;
115 Stat. 1342)."
REPORT ON CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
Pub. L. 105-85, div. B, title XXVIII, Sec. 2824, Nov. 18, 1997,
111 Stat. 1998, as amended by Pub. L. 105-277, div. A, Sec. 101(f)
[title VIII, Sec. 405(d)(9), (f)(8)], Oct. 21, 1998, 112 Stat. 2681-
337, 2681-420, 2681-430, required the Secretary of Defense to
prepare and submit to the Committees on Armed Services and
Appropriations of Senate and House of Representatives, not later
than the date on which the President submitted to Congress the
budget for fiscal year 2000, a report on the costs and savings
attributable to the rounds of base closures and realignments
conducted under the base closure laws and on the need, if any, for
additional rounds of base closures and realignments.
RETENTION OF CIVILIAN EMPLOYEE POSITIONS AT MILITARY TRAINING BASES
TRANSFERRED TO NATIONAL GUARD
Pub. L. 104-201, div. A, title XVI, Sec. 1602, Sept. 23, 1996,
110 Stat. 2734, provided that:
"(a) Retention of Employee Positions. - In the case of a military
training installation described in subsection (b), the Secretary of
Defense shall retain civilian employee positions of the Department
of Defense at the installation after transfer to the National Guard
to facilitate active and reserve component training at the
installation. The Secretary shall determine the extent to which
positions at the installation are to be retained as positions of
the Department of Defense in consultation with the Adjutant General
of the National Guard of the State in which the installation is
located.
"(b) Military Training Installations Affected. - This section
applies with respect to each military training installation that -
"(1) was approved for closure in 1995 under the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note);
"(2) is scheduled for transfer to National Guard operation and
control; and
"(3) will continue to be used, after such transfer, to provide
training support to active and reserve components of the Armed
Forces.
"(c) Maximum Positions Retained. - The number of civilian
employee positions retained at an installation under this section
may not exceed 20 percent of the Federal civilian workforce
employed at the installation as of September 8, 1995.
"(d) Removal of Position. - The requirement to maintain a
civilian employee position at an installation under this section
terminates upon the later of the following:
"(1) The date of the departure or retirement from that position
by the civilian employee initially employed or retained in the
position as a result of this section.
"(2) The date on which the Secretary certifies to Congress that
the position is no longer required to ensure that effective
support is provided at the installation for active and reserve
component training."
USE OF FUNDS TO IMPROVE LEASED PROPERTY
Section 2837(b) of Pub. L. 104-106 provided that:
"Notwithstanding any other provision of law, a department or agency
of the Federal Government that enters into a lease of property
under section 2905(b)(4)(C) [now 2905(b)(4)(E)] of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public
Law 101-510; 10 U.S.C. 2687 note), as amended by subsection (a),
may improve the leased property using funds appropriated or
otherwise available to the department or agency for such purpose."
REGULATIONS TO CARRY OUT SECTION 204(E) OF PUB. L. 100-526 AND
SECTION 2905(F) OF PUB. L. 101-510
Section 2840(c) of Pub. L. 104-106 provided that not later than
nine months after Feb. 10, 1996, the Secretary of Defense was to
prescribe any regulations necessary to carry out section 204(e) of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Pub. L. 100-526) and section 2905(f) of the
Defense Base Closure and Realignment Act of 1990 (part A of title
XXIX of Pub. L. 101-510), set out in notes below.
PROHIBITION ON OBLIGATION OF FUNDS FOR PROJECTS ON INSTALLATIONS
CITED FOR REALIGNMENT
Pub. L. 104-6, title I, Sec. 112, Apr. 10, 1995, 109 Stat. 82,
provided that: "None of the funds made available to the Department
of Defense for any fiscal year for military construction or family
housing may be obligated to initiate construction projects upon
enactment of this Act [Apr. 10, 1995] for any project on an
installation that -
"(1) was included in the closure and realignment
recommendations submitted by the Secretary of Defense to the Base
Closure and Realignment Commission on February 28, 1995, unless
removed by the Base Closure and Realignment Commission, or
"(2) is included in the closure and realignment recommendation
as submitted to Congress in 1995 in accordance with the Defense
Base Closure and Realignment Act of 1990, as amended (Public Law
101-510) [part A of title XXIX of div. B of Pub. L. 101-510, set
out below]:
Provided, That the prohibition on obligation of funds for projects
located on an installation cited for realignment are only to be in
effect if the function or activity with which the project is
associated will be transferred from the installation as a result of
the realignment: Provided further, That this provision will remain
in effect unless the Congress enacts a Joint Resolution of
Disapproval in accordance with the Defense Base Closure and
Realignment Act of 1990, as amended (Public Law 101-510)."
APPLICABILITY TO INSTALLATIONS APPROVED FOR CLOSURE BEFORE
ENACTMENT OF PUB. L. 103-421
Pub. L. 103-421, Sec. 2(e), Oct. 25, 1994, 108 Stat. 4352, as
amended by Pub. L. 104-106, div. A, title XV, Sec. 1505(f), Feb.
10, 1996, 110 Stat. 515; Pub. L. 107-107, div. A, title X, Sec.
1048(d)(5), Dec. 28, 2001, 115 Stat. 1227, provided that:
"(1)(A) Notwithstanding any provision of the 1988 base closure
Act or the 1990 base closure Act, as such provision was in effect
on the day before the date of the enactment of this Act [Oct. 25,
1994], and subject to subparagraphs (B) and (C), the use to assist
the homeless of building and property at military installations
approved for closure under the 1988 base closure Act or the 1990
base closure Act, as the case may be, before such date shall be
determined in accordance with the provisions of paragraph (7) of
section 2905(b) of the 1990 base closure Act, as amended by
subsection (a), in lieu of the provisions of the 1988 base closure
Act or the 1990 base closure Act that would otherwise apply to the
installations.
"(B)(i) The provisions of such paragraph (7) shall apply to an
installation referred to in subparagraph (A) only if the
redevelopment authority for the installation submits a request to
the Secretary of Defense not later than 60 days after the date of
the enactment of this Act.
"(ii) In the case of an installation for which no redevelopment
authority exists on the date of the enactment of this Act, the
chief executive officer of the State in which the installation is
located shall submit the request referred to in clause (i) and act
as the redevelopment authority for the installation.
"(C) The provisions of such paragraph (7) shall not apply to any
buildings or property at an installation referred to in
subparagraph (A) for which the redevelopment authority submits a
request referred to in subparagraph (B) within the time specified
in such subparagraph (B) if the buildings or property, as the case
may be, have been transferred or leased for use to assist the
homeless under the 1988 base closure Act or the 1990 base closure
Act, as the case may be, before the date of the enactment of this
Act.
"(2) For purposes of the application of such paragraph (7) to the
buildings and property at an installation, the date on which the
Secretary receives a request with respect to the installation under
paragraph (1) shall be treated as the date on which the Secretary
of Defense completes the final determination referred to in
subparagraph (B) of such paragraph (7).
"(3) Upon receipt under paragraph (1)(B) of a timely request with
respect to an installation, the Secretary of Defense shall publish
in the Federal Register and in a newspaper of general circulation
in the communities in the vicinity of the installation information
describing the redevelopment authority for the installation.
"(4)(A) The Secretary of Housing and Urban Development and the
Secretary of Health and Human Services shall not, during the 60-day
period beginning on the date of the enactment of this Act [Oct. 25,
1994], carry out with respect to any military installation approved
for closure under the 1988 base closure Act or the 1990 base
closure Act before such date any action required of such
Secretaries under the 1988 base closure Act or the 1990 base
closure Act, as the case may be, or under section 501 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411).
"(B)(i) Upon receipt under paragraph (1)(A) of a timely request
with respect to an installation, the Secretary of Defense shall
notify the Secretary of Housing and Urban Development and the
Secretary of Health and Human Services that the disposal of
buildings and property at the installation shall be determined
under such paragraph (7) in accordance with this subsection.
"(ii) Upon receipt of a notice with respect to an installation
under this subparagraph, the requirements, if any, of the Secretary
of Housing and Urban Development and the Secretary of Health and
Human Services with respect to the installation under the
provisions of law referred to in subparagraph (A) shall terminate.
"(iii) Upon receipt of a notice with respect to an installation
under this subparagraph, the Secretary of Health and Human Services
shall notify each representative of the homeless that submitted to
that Secretary an application to use buildings or property at the
installation to assist the homeless under the 1988 base closure Act
or the 1990 base closure Act, as the case may be, that the use of
buildings and property at the installation to assist the homeless
shall be determined under such paragraph (7) in accordance with
this subsection.
"(5) In preparing a redevelopment plan for buildings and property
at an installation covered by such paragraph (7) by reason of this
subsection, the redevelopment authority concerned shall -
"(A) consider and address specifically any applications for use
of such buildings and property to assist the homeless that were
received by the Secretary of Health and Human Services under the
1988 base closure Act or the 1990 base closure Act, as the case
may be, before the date of the enactment of this Act [Oct. 25,
1994] and are pending with that Secretary on that date; and
"(B) in the case of any application by representatives of the
homeless that was approved by the Secretary of Health and Human
Services before the date of enactment of this Act, ensure that
the plan adequately addresses the needs of the homeless
identified in the application by providing such representatives
of the homeless with -
"(i) properties, on or off the installation, that are
substantially equivalent to the properties covered by the
application;
"(ii) sufficient funding to secure such substantially
equivalent properties;
"(iii) services and activities that meet the needs identified
in the application; or
"(iv) a combination of the properties, funding, and services
and activities described in clauses (i), (ii), and (iii).
"(6) In the case of an installation to which the provisions of
such paragraph (7) apply by reason of this subsection, the date
specified by the redevelopment authority for the installation under
subparagraph (D) of such paragraph (7) shall be not less than 1
month and not more than 6 months after the date of the submittal of
the request with respect to the installation under paragraph
(1)(B).
"(7) For purposes of this subsection:
"(A) The term '1988 base closure Act' means title II of the
Defense Authorization Amendments and Base Closure and Realignment
Act (Public Law 100-526; 10 U.S.C. 2687 note).
"(B) The term '1990 base closure Act' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note)."
PREFERENCE FOR LOCAL RESIDENTS
Pub. L. 103-337, div. A, title VIII, Sec. 817, Oct. 5, 1994, 108
Stat. 2820, provided that:
"(a) Preference Allowed. - In entering into contracts with
private entities for services to be performed at a military
installation that is affected by closure or alignment under a base
closure law, the Secretary of Defense may give preference,
consistent with Federal, State, and local laws and regulations, to
entities that plan to hire, to the maximum extent practicable,
residents of the vicinity of such military installation to perform
such contracts. Contracts for which the preference may be given
include contracts to carry out environmental restoration activities
or construction work at such military installations. Any such
preference may be given for a contract only if the services to be
performed under the contract at the military installation concerned
can be carried out in a manner that is consistent with all other
actions at the installation that the Secretary is legally required
to undertake.
"(b) Definition. - In this section, the term 'base closure law'
means the following:
"(1) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note).
"(2) The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note).
"(c) Applicability. - Any preference given under subsection (a)
shall apply only with respect to contracts entered into after the
date of the enactment of this Act [Oct. 5, 1994].
"(d) Termination. - This section shall cease to be effective on
September 30, 1997."
GOVERNMENT RENTAL OF FACILITIES LOCATED ON CLOSED MILITARY
INSTALLATIONS
Pub. L. 103-337, div. B, title XXVIII, Sec. 2814, Oct. 5, 1994,
108 Stat. 3056, as amended by Pub. L. 107-314, div. A, title X,
Sec. 1062(l), Dec. 2, 2002, 116 Stat. 2652; Pub. L. 109-163, div.
A, title X, Sec. 1056(a)(3), Jan. 6, 2006, 119 Stat. 3439, provided
that:
"(a) Authorization To Rent Base Closure Properties. - To promote
the rapid conversion of military installations that are closed
pursuant to a base closure law, the Administrator of the General
Services may give priority consideration, when leasing space in
accordance with chapter 5 or 33 of title 40, United States Code, to
facilities of such an installation that have been acquired by a non-
Federal entity.
"(b) Base Closure Law Defined. - In this section, the term 'base
closure law' has the meaning given such term in section 101(a)(17)
of title 10, United States Code."
REPORT OF EFFECT OF BASE CLOSURES ON FUTURE MOBILIZATION OPTIONS
Pub. L. 103-337, div. B, title XXVIII, Sec. 2815, Oct. 5, 1994,
108 Stat. 3056, required the Secretary of Defense to prepare and
submit to the congressional defense committees, not later than Jan.
31, 1996, a report evaluating the effect of base closures and
realignments conducted since Jan. 1, 1987, on the ability of the
Armed Forces to remobilize to the end strength levels authorized
for fiscal year 1987 by sections 401, 403, 411, and 421 of the
National Defense Authorization Act for Fiscal Year 1987 (Pub. L. 99-
661; 100 Stat. 3859).
CONGRESSIONAL FINDINGS WITH RESPECT TO BASE CLOSURE COMMUNITY
ASSISTANCE
Pub. L. 103-160, div. B, title XXIX, Sec. 2901, Nov. 30, 1993,
107 Stat. 1909, provided that: "Congress makes the following
findings:
"(1) The closure and realignment of military installations
within the United States is a necessary consequence of the end of
the Cold War and of changed United States national security
requirements.
"(2) A military installation is a significant source of
employment for many communities, and the closure or realignment
of an installation may cause economic hardship for such
communities.
"(3) It is in the interest of the United States that the
Federal Government facilitate the economic recovery of
communities that experience adverse economic circumstances as a
result of the closure or realignment of a military installation.
"(4) It is in the interest of the United States that the
Federal Government assist communities that experience adverse
economic circumstances as a result of the closure of military
installations by working with such communities to identify and
implement means of reutilizing or redeveloping such installations
in a beneficial manner or of otherwise revitalizing such
communities and the economies of such communities.
"(5) The Federal Government may best identify and implement
such means by requiring that the head of each department or
agency of the Federal Government having jurisdiction over a
matter arising out of the closure of a military installation
under a base closure law, or the reutilization and redevelopment
of such an installation, designate for each installation to be
closed an individual in such department or agency who shall
provide information and assistance to the transition coordinator
for the installation designated under section 2915 [set out
below] on the assistance, programs, or other activities of such
department or agency with respect to the closure or reutilization
and redevelopment of the installation.
"(6) The Federal Government may also provide such assistance by
accelerating environmental restoration at military installations
to be closed, and by closing such installations, in a manner that
best ensures the beneficial reutilization and redevelopment of
such installations by such communities.
"(7) The Federal Government may best contribute to such
reutilization and redevelopment by making available real and
personal property at military installations to be closed to
communities affected by such closures on a timely basis, and, if
appropriate, at less than fair market value."
CONSIDERATION OF ECONOMIC NEEDS AND COOPERATION WITH STATE AND
LOCAL AUTHORITIES IN DISPOSING OF PROPERTY
Pub. L. 103-160, div. B, title XXIX, Sec. 2903(c), (d), Nov. 30,
1993, 107 Stat. 1915, provided that:
"(c) Consideration of Economic Needs. - In order to maximize the
local and regional benefit from the reutilization and redevelopment
of military installations that are closed, or approved for closure,
pursuant to the operation of a base closure law, the Secretary of
Defense shall consider locally and regionally delineated economic
development needs and priorities into the process by which the
Secretary disposes of real property and personal property as part
of the closure of a military installation under a base closure law.
In determining such needs and priorities, the Secretary shall take
into account the redevelopment plan developed for the military
installation involved. The Secretary shall ensure that the needs of
the homeless in the communities affected by the closure of such
installations are taken into consideration in the redevelopment
plan with respect to such installations.
"(d) Cooperation. - The Secretary of Defense shall cooperate with
the State in which a military installation referred to in
subsection (c) is located, with the redevelopment authority with
respect to the installation, and with local governments and other
interested persons in communities located near the installation in
implementing the entire process of disposal of the real property
and personal property at the installation."
REGULATIONS TO CARRY OUT SECTION 204 OF PUB. L. 100-526 AND SECTION
2905 OF PUB. L. 101-510
Pub. L. 103-160, div. B, title XXIX, Sec. 2908(c), Nov. 30, 1993,
107 Stat. 1924, provided that: "Not later than nine months after
the date of the enactment of this Act [Nov. 30, 1993], the
Secretary of Defense, in consultation with the Administrator of the
Environmental Protection Agency, shall prescribe any regulations
necessary to carry out subsection (d) of section 204 of the Defense
Authorization Amendments and Base Closure and Realignment Act
(title II of Public Law 100-526; 10 U.S.C. 2687 note), as added by
subsection (a), and subsection (e) of section 2905 of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), as added by subsection
(b)."
COMPLIANCE WITH CERTAIN ENVIRONMENTAL REQUIREMENTS
Pub. L. 103-160, div. B, title XXIX, Sec. 2911, Nov. 30, 1993,
107 Stat. 1924, provided that: "Not later than 12 months after the
date of the submittal to the Secretary of Defense of a
redevelopment plan for an installation approved for closure under a
base closure law, the Secretary of Defense shall, to the extent
practicable, complete any environmental impact analyses required
with respect to the installation, and with respect to the
redevelopment plan, if any, for the installation, pursuant to the
base closure law under which the installation is closed, and
pursuant to the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.)."
PREFERENCE FOR LOCAL AND SMALL BUSINESSES IN CONTRACTING
Pub. L. 103-160, div. B, title XXIX, Sec. 2912, Nov. 30, 1993,
107 Stat. 1925, as amended by Pub. L. 103-337, div. A, title X,
Sec. 1070(b)(14), Oct. 5, 1994, 108 Stat. 2857, provided that:
"(a) Preference Required. - In entering into contracts with
private entities as part of the closure or realignment of a
military installation under a base closure law, the Secretary of
Defense shall give preference, to the greatest extent practicable,
to qualified businesses located in the vicinity of the installation
and to small business concerns and small disadvantaged business
concerns. Contracts for which this preference shall be given shall
include contracts to carry out activities for the environmental
restoration and mitigation at military installations to be closed
or realigned.
"(b) Definitions. - In this section:
"(1) The term 'small business concern' means a business concern
meeting the requirements of section 3 of the Small Business Act
(15 U.S.C. 632).
"(2) The term 'small disadvantaged business concern' means the
business concerns referred to in section 8(d)(1) of such Act (15
U.S.C. 637(d)(1)).
"(3) The term 'base closure law' includes section 2687 of title
10, United States Code."
TRANSITION COORDINATORS FOR ASSISTANCE TO COMMUNITIES AFFECTED BY
CLOSURE OF INSTALLATIONS
Pub. L. 103-160, div. B, title XXIX, Sec. 2915, Nov. 30, 1993,
107 Stat. 1926, as amended by Pub. L. 107-107, div. A, title X,
Sec. 1048(d)(4), Dec. 28, 2001, 115 Stat. 1227, provided that:
"(a) In General. - The Secretary of Defense shall designate a
transition coordinator for each military installation to be closed
under a base closure law. The transition coordinator shall carry
out the activities for such coordinator set forth in subsection
(c).
"(b) Timing of Designation. - A transition coordinator shall be
designated for an installation under subsection (a) as follows:
"(1) Not later than 15 days after the date of approval of
closure of the installation.
"(2) In the case of installations approved for closure under a
base closure law before the date of the enactment of this Act
[Nov. 30, 1993], not later than 15 days after such date of
enactment.
"(c) Responsibilities. - A transition coordinator designated with
respect to an installation shall -
"(1) encourage, after consultation with officials of Federal
and State departments and agencies concerned, the development of
strategies for the expeditious environmental cleanup and
restoration of the installation by the Department of Defense;
"(2) assist the Secretary of the military department concerned
in designating real property at the installation that has the
potential for rapid and beneficial reuse or redevelopment in
accordance with the redevelopment plan for the installation;
"(3) assist such Secretary in identifying strategies for
accelerating completion of environmental cleanup and restoration
of the real property designated under paragraph (2);
"(4) assist such Secretary in developing plans for the closure
of the installation that take into account the goals set forth in
the redevelopment plan for the installation;
"(5) assist such Secretary in developing plans for ensuring
that, to the maximum extent practicable, the Department of
Defense carries out any activities at the installation after the
closure of the installation in a manner that takes into account,
and supports, the redevelopment plan for the installation;
"(6) assist the Secretary of Defense in making determinations
with respect to the transferability of property at the
installation under section 204(b)(5) of the Defense Authorization
Amendments and Base Closure and Realignment Act (title II of
Public Law 100-526; 10 U.S.C. 2687 note), as added by section
2904(a) of this Act, and under section 2905(b)(5) of the Defense
Base Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note), as added by section
2904(b) of this Act, as the case may be;
"(7) assist the local redevelopment authority with respect to
the installation in identifying real property or personal
property at the installation that may have significant potential
for reuse or redevelopment in accordance with the redevelopment
plan for the installation;
"(8) assist the Office of Economic Adjustment of the Department
of Defense and other departments and agencies of the Federal
Government in coordinating the provision of assistance under
transition assistance and transition mitigation programs with
community redevelopment activities with respect to the
installation;
"(9) assist the Secretary of the military department concerned
in identifying property located at the installation that may be
leased in a manner consistent with the redevelopment plan for the
installation; and
"(10) assist the Secretary of Defense in identifying real
property or personal property at the installation that may be
utilized to meet the needs of the homeless by consulting with the
Secretary of Housing and Urban Development and the local lead
agency of the homeless, if any, referred to in section 210(b) of
the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11320(b))
for the State in which the installation is located."
DEFINITIONS FOR SUBTITLE A OF TITLE XXIX OF PUB. L. 103-160
Pub. L. 103-160, div. B, title XXIX, Sec. 2918(a), Nov. 30, 1993,
107 Stat. 1927, provided that: "In this subtitle [subtitle A (Secs.
2901 to 2918) of title XXIX of div. B of Pub. L. 103-160, amending
sections 2391 and 2667 of this title, enacting provisions set out
as notes under this section and section 9620 of Title 42, The
Public Health and Welfare, and amending provisions set out as notes
under this section]:
"(1) The term 'base closure law' means the following:
"(A) The provisions of title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note).
"(B) The Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687
note).
"(2) The term 'date of approval', with respect to a closure or
realignment of an installation, means the date on which the
authority of Congress to disapprove a recommendation of closure
or realignment, as the case may be, of such installation under
the applicable base closure law expires.
"(3) The term 'redevelopment authority', in the case of an
installation to be closed under a base closure law, means any
entity (including an entity established by a State or local
government) recognized by the Secretary of Defense as the entity
responsible for developing the redevelopment plan with respect to
the installation and for directing the implementation of such
plan.
"(4) The term 'redevelopment plan', in the case of an
installation to be closed under a base closure law, means a plan
that -
"(A) is agreed to by the redevelopment authority with respect
to the installation; and
"(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse and redevelopment as a result of the
closure of the installation."
LIMITATION ON EXPENDITURES FROM DEFENSE BASE CLOSURE ACCOUNT 1990
FOR MILITARY CONSTRUCTION IN SUPPORT OF TRANSFERS OF FUNCTIONS
Pub. L. 103-160, div. B, title XXIX, Sec. 2922, Nov. 30, 1993,
107 Stat. 1930, as amended by Pub. L. 104-106, div. A, title XV,
Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506; Pub. L. 106-65, div.
A, title X, Sec. 1067(7), Oct. 5, 1999, 113 Stat. 774, provided
that:
"(a) Limitation. - If the Secretary of Defense recommends to the
Defense Base Closure and Realignment Commission pursuant to section
2903(c) of the 1990 base closure Act [set out below] that an
installation be closed or realigned, the Secretary identifies in
documents submitted to the Commission one or more installations to
which a function performed at the recommended installation would be
transferred, and the recommended installation is closed or
realigned pursuant to such Act, then, except as provided in
subsection (b), funds in the Defense Base Closure Account 1990 may
not be used for military construction in support of the transfer of
that function to any installation other than an installation so
identified in such documents.
"(b) Exception. - The limitation in subsection (a) ceases to be
applicable to military construction in support of the transfer of a
function to an installation on the 60th day following the date on
which the Secretary submits to the Committee on Armed Services of
the Senate and the Committee on Armed Services of the House of
Representatives a notification of the proposed transfer that -
"(1) identifies the installation to which the function is to be
transferred; and
"(2) includes the justification for the transfer to such
installation.
"(c) Definitions. - In this section:
"(1) The term '1990 base closure Act' means the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of
Public Law 101-510; 10 U.S.C. 2687 note).
"(2) The term 'Defense Base Closure Account 1990' means the
account established under section 2906 of the 1990 base closure
Act [set out below]."
SENSE OF CONGRESS ON DEVELOPMENT OF BASE CLOSURE CRITERIA
Pub. L. 103-160, div. B, title XXIX, Sec. 2925, Nov. 30, 1993,
107 Stat. 1932, as amended by Pub. L. 104-106, div. A, title XV,
Sec. 1502(c)(1), Feb. 10, 1996, 110 Stat. 506, provided that:
"(a) Sense of Congress. - It is the sense of Congress that the
Secretary of Defense consider, in developing in accordance with
section 2903(b)(2)(B) of the Defense Base Closure and Realignment
Act of 1990 (Public Law 101-510; 10 U.S.C. 2687 note) amended
criteria, whether such criteria should include the direct costs of
such closures and realignments to other Federal departments and
agencies.
"(b) Report on Amendment. - (1) The Secretary shall submit to the
Committee on Armed Services of the Senate and the Committee on
National Security of the House of Representatives [now Committee on
Armed Services of the House of Representatives] a report on any
amended criteria developed by the Secretary under section
2903(b)(2)(B) of the Defense Base Closure and Realignment Act of
1990 after the date of the enactment of this Act [Nov. 30, 1993].
Such report shall include a discussion of the amended criteria and
include a justification for any decision not to propose a criterion
regarding the direct costs of base closures and realignments to
other Federal agencies and departments.
"(2) The Secretary shall submit the report upon publication of
the amended criteria in accordance with section 2903(b)(2)(B) of
the Defense Base Closure and Realignment Act of 1990."
MILITARY BASE CLOSURE REPORT
Pub. L. 102-581, title I, Sec. 107(d), Oct. 31, 1992, 106 Stat.
4879, provided that within 30 days after the date on which the
Secretary of Defense recommended a list of military bases for
closure or realignment pursuant to section 2903(c) of the Defense
Base Closure and Realignment Act of 1990 (Pub. L. 101-510, set out
below), the Administrator of the Federal Aviation Administration
was to submit to Congress and the Defense Base Closure and
Realignment Commission a report on the effects of all those
recommendations involving military airbases, including the effect
on civilian airports and airways in the local community and region;
potential modifications and costs necessary to convert such bases
to civilian aviation use; and in the case of air traffic control or
radar coverage currently provided by the Department of Defense,
potential installations or adjustments of equipment and costs
necessary for the Federal Aviation Administration to maintain
existing levels of service for the local community and region.
INDEMNIFICATION OF TRANSFEREES OF CLOSING DEFENSE PROPERTY
Pub. L. 102-484, div. A, title III, Sec. 330, Oct. 23, 1992, 106
Stat. 2371, as amended by Pub. L. 103-160, div. A, title X, Sec.
1002, Nov. 30, 1993, 107 Stat. 1745, provided that:
"(a) In General. - (1) Except as provided in paragraph (3) and
subject to subsection (b), the Secretary of Defense shall hold
harmless, defend, and indemnify in full the persons and entities
described in paragraph (2) from and against any suit, claim, demand
or action, liability, judgment, cost or other fee arising out of
any claim for personal injury or property damage (including death,
illness, or loss of or damage to property or economic loss) that
results from, or is in any manner predicated upon, the release or
threatened release of any hazardous substance, pollutant or
contaminant, or petroleum or petroleum derivative as a result of
Department of Defense activities at any military installation (or
portion thereof) that is closed pursuant to a base closure law.
"(2) The persons and entities described in this paragraph are the
following:
"(A) Any State (including any officer, agent, or employee of
the State) that acquires ownership or control of any facility at
a military installation (or any portion thereof) described in
paragraph (1).
"(B) Any political subdivision of a State (including any
officer, agent, or employee of the State) that acquires such
ownership or control.
"(C) Any other person or entity that acquires such ownership or
control.
"(D) Any successor, assignee, transferee, lender, or lessee of
a person or entity described in subparagraphs (A) through (C).
"(3) To the extent the persons and entities described in
paragraph (2) contributed to any such release or threatened
release, paragraph (1) shall not apply.
"(b) Conditions. - No indemnification may be afforded under this
section unless the person or entity making a claim for
indemnification -
"(1) notifies the Department of Defense in writing within two
years after such claim accrues or begins action within six months
after the date of mailing, by certified or registered mail, of
notice of final denial of the claim by the Department of Defense;
"(2) furnishes to the Department of Defense copies of pertinent
papers the entity receives;
"(3) furnishes evidence or proof of any claim, loss, or damage
covered by this section; and
"(4) provides, upon request by the Department of Defense,
access to the records and personnel of the entity for purposes of
defending or settling the claim or action.
"(c) Authority of Secretary of Defense. - (1) In any case in
which the Secretary of Defense determines that the Department of
Defense may be required to make indemnification payments to a
person under this section for any suit, claim, demand or action,
liability, judgment, cost or other fee arising out of any claim for
personal injury or property damage referred to in subsection
(a)(1), the Secretary may settle or defend, on behalf of that
person, the claim for personal injury or property damage.
"(2) In any case described in paragraph (1), if the person to
whom the Department of Defense may be required to make
indemnification payments does not allow the Secretary to settle or
defend the claim, the person may not be afforded indemnification
with respect to that claim under this section.
"(d) Accrual of Action. - For purposes of subsection (b)(1), the
date on which a claim accrues is the date on which the plaintiff
knew (or reasonably should have known) that the personal injury or
property damage referred to in subsection (a) was caused or
contributed to by the release or threatened release of a hazardous
substance, pollutant or contaminant, or petroleum or petroleum
derivative as a result of Department of Defense activities at any
military installation (or portion thereof) described in subsection
(a)(1).
"(e) Relationship to Other Law. - Nothing in this section shall
be construed as affecting or modifying in any way section 120(h) of
the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9620(h)).
"(f) Definitions. - In this section:
"(1) The terms 'facility', 'hazardous substance', 'release',
and 'pollutant or contaminant' have the meanings given such terms
under paragraphs (9), (14), (22), and (33) of section 101 of the
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, respectively (42 U.S.C. 9601(9), (14), (22), and
(33)).
"(2) The term 'military installation' has the meaning given
such term under section 2687(e)(1) of title 10, United States
Code.
"(3) The term 'base closure law' means the following:
"(A) The Defense Base Closure and Realignment Act of 1990
[part A of title XXIX of div. B of Pub. L. 101-510] (10 U.S.C.
2687 note).
"(B) Title II of the Defense Authorization Amendments and
Base Closure and Realignment Act [Pub. L. 100-526] (10 U.S.C.
2687 note).
"(C) Section 2687 of title 10, United States Code.
"(D) Any provision of law authorizing the closure or
realignment of a military installation enacted on or after the
date of the enactment of this Act [Oct. 23, 1992]."
DEMONSTRATION PROJECT FOR USE OF NATIONAL RELOCATION CONTRACTOR TO
ASSIST DEPARTMENT OF DEFENSE
Pub. L. 102-484, div. B, title XXVIII, Sec. 2822, Oct. 23, 1992,
106 Stat. 2608, provided that, subject to the availability of
appropriations therefor, the Secretary of Defense was to enter into
a one-year contract, not later than 30 days after Oct. 23, 1992,
with a private relocation contractor operating on a nationwide
basis to test the cost-effectiveness of using national relocation
contractors to administer the Homeowners Assistance Program and
that, not later than one year after the date on which the Secretary
of Defense entered into the contract, the Comptroller General was
to submit to Congress a report containing the Comptroller General's
evaluation of the effectiveness of using the national contractor
for administering the program.
ENVIRONMENTAL RESTORATION REQUIREMENTS AT MILITARY INSTALLATIONS TO
BE CLOSED
Pub. L. 102-190, div. A, title III, Sec. 334, Dec. 5, 1991, 105
Stat. 1340, prescribed requirements for certain installations to be
closed under 1989 or 1991 base closure lists by requiring that all
draft final remedial investigations and feasibility studies related
to environmental restoration activities at each such military
installation be submitted to Environmental Protection Agency not
later than 24 months after Dec. 5, 1991, for bases on 1989 closure
list and not later than 36 months after such date for bases on 1991
closure list, prior to repeal by Pub. L. 104-201, div. A, title
III, Sec. 328, Sept. 23, 1996, 110 Stat. 2483.
WITHHOLDING INFORMATION FROM CONGRESS OR COMPTROLLER GENERAL
Pub. L. 102-190, div. B, title XXVIII, Sec. 2821(i), Dec. 5,
1991, 105 Stat. 1546, provided that: "Nothing in this section
[enacting and amending provisions set out below] or in the Defense
Base Closure and Realignment Act of 1990 [part A of title XXIX of
div. B of Pub. L. 101-510, set out below] shall be construed to
authorize the withholding of information from Congress, any
committee or subcommittee of Congress, or the Comptroller General
of the United States."
CONSISTENCY IN BUDGET DATA
Pub. L. 102-190, div. B, title XXVIII, Sec. 2822, Dec. 5, 1991,
105 Stat. 1546, as amended by Pub. L. 102-484, div. B, title
XXVIII, Sec. 2825, Oct. 23, 1992, 106 Stat. 2609, provided that:
"(a) Military Construction Funding Requests. - In the case of
each military installation considered for closure or realignment or
for comparative purposes by the Defense Base Closure and
Realignment Commission, the Secretary of Defense shall ensure,
subject to subsection (b), that the amount of the authorization
requested by the Department of Defense for military construction
relating to the closure or realignment of the installation in each
of the fiscal years 1992 through 1999 for the following fiscal year
does not exceed the estimate of the cost of such construction
(adjusted as appropriate for inflation) that was provided to the
Commission by the Department of Defense.
"(b) Explanation for Inconsistencies. - The Secretary may submit
to Congress for a fiscal year a request for the authorization of
military construction referred to in subsection (a) in an amount
greater than the estimate of the cost of the construction (adjusted
as appropriate for inflation) that was provided to the Commission
if the Secretary determines that the greater amount is necessary
and submits with the request a complete explanation of the reasons
for the difference between the requested amount and the estimate.
"(c) Investigation. - (1) The Inspector General of the Department
of Defense shall investigate the military construction for which
the Secretary is required to submit an explanation to Congress
under subsection (b) if the Inspector General determines (under
standards prescribed by the Inspector General) that the difference
between the requested amount and the estimate for such construction
is significant.
"(2) The Inspector General shall submit to the congressional
defense committees a report describing the results of each
investigation conducted under paragraph (1)."
DISPOSITION OF FACILITIES OF DEPOSITORY INSTITUTIONS ON MILITARY
INSTALLATIONS TO BE CLOSED
Pub. L. 102-190, div. B, title XXVIII, Sec. 2825, Dec. 5, 1991,
105 Stat. 1549, as amended by Pub. L. 103-160, div. B, title XXIX,
Sec. 2928(a), (b)(1), (c), Nov. 30, 1993, 107 Stat. 1934, 1935,
provided that:
"(a) Authority to Convey Facilities. - (1) Subject to subsection
(c) and notwithstanding any other provision of law, the Secretary
of the military department having jurisdiction over a military
installation being closed pursuant to a base closure law may convey
all right, title, and interest of the United States in a facility
located on that installation to a depository institution that -
"(A) conducts business in the facility; and
"(B) constructed or substantially renovated the facility using
funds of the depository institution.
"(2) In the case of the conveyance under paragraph (1) of a
facility that was not constructed by the depository institution but
was substantially renovated by the depository institution, the
Secretary shall require the depository institution to pay an amount
determined by the Secretary to be equal to the value of the
facility in the absence of the renovations.
"(b) Authority to Convey Land. - As part of the conveyance of a
facility to a depository institution under subsection (a), the
Secretary of the military department concerned shall permit the
depository institution to purchase the land upon which that
facility is located. The Secretary shall offer the land to the
depository institution before offering such land for sale or other
disposition to any other entity. The purchase price shall be not
less than the fair market value of the land, as determined by the
Secretary.
"(c) Limitation. - The Secretary of a military department may not
convey a facility to a depository institution under subsection (a)
if the Secretary determines that the operation of a depository
institution at such facility is inconsistent with the redevelopment
plan with respect to the installation.
"(d) Base Closure Law Defined. - For purposes of this section,
the term 'base closure law' means the following:
"(1) The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 104 Stat. 1808; 10 U.S.C.
2687 note).
"(2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 102 Stat. 2627;
10 U.S.C. 2687 note).
"(3) Section 2687 of title 10, United States Code.
"(4) Any other similar law enacted after the date of the
enactment of this Act [Dec. 5, 1991].
"(e) Depository Institution Defined. - For purposes of this
section, the term 'depository institution' has the meaning given
that term in section 19(b)(1)(A) of the Federal Reserve Act (12
U.S.C. 461(b)(1)(A))."
REPORT ON ENVIRONMENTAL RESTORATION COSTS FOR INSTALLATIONS TO BE
CLOSED UNDER 1990 BASE CLOSURE LAW
Pub. L. 102-190, div. B, title XXVIII, Sec. 2827(b), Dec. 5,
1991, 105 Stat. 1551, directed the Secretary of Defense to submit
an annual report to Congress on the funding needed for
environmental restoration activities at certain designated military
installations for the fiscal year for which a budget was submitted
and for each of the four following fiscal years, prior to repeal by
Pub. L. 104-106, div. A, title X, Sec. 1061(m), Feb. 10, 1996, 110
Stat. 443.
SENSE OF CONGRESS REGARDING JOINT RESOLUTION OF DISAPPROVAL OF 1991
BASE CLOSURE COMMISSION RECOMMENDATION
Pub. L. 102-172, title VIII, Sec. 8131, Nov. 26, 1991, 105 Stat.
1208, provided that: "It is the sense of the Congress that in
acting on the Joint Resolution of Disapproval of the 1991 Base
Closure Commission's recommendation, the Congress takes no position
on whether there has been compliance by the Base Closure
Commission, and the Department of Defense with the requirements of
the Defense Base Closure and Realignment Act of 1990 [part A of
title XXIX of div. B of Pub. L. 101-510, set out below]. Further,
the vote on the resolution of disapproval shall not be interpreted
to imply Congressional approval of all actions taken by the Base
Closure Commission and the Department of Defense in fulfillment of
the responsibilities and duties conferred upon them by the Defense
Base Closure and Realignment Act of 1990, but only the approval of
the recommendations issued by the Base Closure Commission."
REQUIREMENTS FOR BASE CLOSURE AND REALIGNMENT PLANS
Pub. L. 103-335, title VIII, Sec. 8040, Sept. 30, 1994, 108 Stat.
2626, which directed Secretary of Defense to include in any base
closure and realignment plan submitted to Congress after Sept. 30,
1994, a complete review of expectations for the five-year period
beginning on Oct. 1, 1994, including force structure and levels,
installation requirements, a budget plan, cost savings to be
realized through realignments and closures of military
installations, and the economic impact on local areas affected, was
from the Department of Defense Appropriations Act, 1995, and was
not repeated in subsequent appropriation acts. Similar provisions
were contained in the following prior appropriation acts:
Pub. L. 103-139, title VIII, Sec. 8045, Nov. 11, 1993, 107 Stat.
1450.
Pub. L. 102-396, title IX, Sec. 9060, Oct. 6, 1992, 106 Stat.
1915.
Pub. L. 102-172, title VIII, Sec. 8063, Nov. 26, 1991, 105 Stat.
1185.
Pub. L. 101-511, title VIII, Sec. 8081, Nov. 5, 1990, 104 Stat.
1894.
DEFENSE BASE CLOSURE AND REALIGNMENT COMMISSION
Part A of title XXIX of div. B of Pub. L. 101-510, as amended by
Pub. L. 102-190, div. A, title III, Sec. 344(b)(1), div. B, title
XXVIII, Secs. 2821(a)-(h)(1), 2827(a)(1), (2), Dec. 5, 1991, 105
Stat. 1345, 1544-1546, 1551; Pub. L. 102-484, div. A, title X, Sec.
1054(b), div. B, title XXVIII, Secs. 2821(b), 2823, Oct. 23, 1992,
106 Stat. 2502, 2607, 2608; Pub. L. 103-160, div. B, title XXIX,
Secs. 2902(b), 2903(b), 2904(b), 2905(b), 2907(b), 2908(b),
2918(c), 2921(b), (c), 2923, 2926, 2930(a), Nov. 30, 1993, 107
Stat. 1911, 1914, 1916, 1918, 1921, 1923, 1928-1930, 1932, 1935;
Pub. L. 103-337, div. A, title X, Sec. 1070(b)(15), (d)(2), div. B,
title XXVIII, Secs. 2811, 2812(b), 2813(c)(2), (d)(2), (e)(2), Oct.
5, 1994, 108 Stat. 2857, 2858, 3053-3056; Pub. L. 103-421, Sec.
2(a)-(c), (f)(2), Oct. 25, 1994, 108 Stat. 4346-4352, 4354; Pub. L.
104-106, div. A, title XV, Secs. 1502(d), 1504(a)(9), 1505(e)(1),
div. B, title XXVIII, Secs. 2831(b)(2), 2835, 2836, 2837(a), 2838,
2839(b), 2840(b), Feb. 10, 1996, 110 Stat. 508, 513, 514, 558, 560,
561, 564, 565; Pub. L. 104-201, div. B, title XXVIII, Secs.
2812(b), 2813(b), Sept. 23, 1996, 110 Stat. 2789; Pub. L. 105-85,
div. A, title X, Sec. 1073(d)(4)(B), div. B, title XXVIII, Sec.
2821(b), Nov. 18, 1997, 111 Stat. 1905, 1997; Pub. L. 106-65, div.
A, title X, Sec. 1067(10), div. B, title XVIII, Secs. 2821(a),
2822, Oct. 5, 1999, 113 Stat. 774, 853, 856; Pub. L. 106-398, Sec.
1 [[div. A], title X, Sec. 1087(g)(2), div. B, title XXVIII, Sec.
2821(a)], Oct. 30, 2000, 114 Stat. 1654, 1654A-293, 1654A-419; Pub.
L. 107-107, div. A, title X, Sec. 1048(d)(2), div. B, title XXVIII,
Sec. 2821(b), title XXX, Secs. 3001-3007, Dec. 28, 2001, 115 Stat.
1227, 1312, 1342-1351; Pub. L. 107-314, div. A, title X, Sec.
1062(f)(4), (m)(1)-(3), div. B, title XXVIII, Secs. 2814(b), 2854,
Dec. 2, 2002, 116 Stat. 2651, 2652, 2710, 2728; Pub. L. 108-136,
div. A, title VI, Sec. 655(b), div. B, title XXVIII, Secs.
2805(d)(2), 2821, Nov. 24, 2003, 117 Stat. 1523, 1721, 1726; Pub.
L. 108-375, div. A, title X, Sec. 1084(i), div. B, title XXVIII,
Secs. 2831-2834, Oct. 28, 2004, 118 Stat. 2064, 2132-2134; Pub. L.
109-163, div. B, title XXVIII, Sec. 2831, Jan. 6, 2006, 119 Stat.
3518, provided that:
"SEC. 2901. SHORT TITLE AND PURPOSE
"(a) Short Title. - This part may be cited as the 'Defense Base
Closure and Realignment Act of 1990'.
"(b) Purpose. - The purpose of this part is to provide a fair
process that will result in the timely closure and realignment of
military installations inside the United States.
"SEC. 2902. THE COMMISSION
"(a) Establishment. - There is established an independent
commission to be known as the 'Defense Base Closure and Realignment
Commission'.
"(b) Duties. - The Commission shall carry out the duties
specified for it in this part.
"(c) Appointment. - (1)(A) The Commission shall be composed of
eight members appointed by the President, by and with the advise
[advice] and consent of the Senate.
"(B) The President shall transmit to the Senate the nominations
for appointment to the Commission -
"(i) by no later than January 3, 1991, in the case of members
of the Commission whose terms will expire at the end of the first
session of the 102nd Congress;
"(ii) by no later than January 25, 1993, in the case of members
of the Commission whose terms will expire at the end of the first
session of the 103rd Congress; and
"(iii) by no later than January 3, 1995, in the case of members
of the Commission whose terms will expire at the end of the first
session of the 104th Congress.
"(C) If the President does not transmit to Congress the
nominations for appointment to the Commission on or before the date
specified for 1993 in clause (ii) of subparagraph (B) or for 1995
in clause (iii) of such subparagraph, the process by which military
installations may be selected for closure or realignment under this
part with respect to that year shall be terminated.
"(2) In selecting individuals for nominations for appointments to
the Commission, the President should consult with -
"(A) the Speaker of the House of Representatives concerning the
appointment of two members;
"(B) the majority leader of the Senate concerning the
appointment of two members;
"(C) the minority leader of the House of Representatives
concerning the appointment of one member; and
"(D) the minority leader of the Senate concerning the
appointment of one member.
"(3) At the time the President nominates individuals for
appointment to the Commission for each session of Congress referred
to in paragraph (1)(B), the President shall designate one such
individual who shall serve as Chairman of the Commission.
"(d) Terms. - (1) Except as provided in paragraph (2), each
member of the Commission shall serve until the adjournment of
Congress sine die for the session during which the member was
appointed to the Commission.
"(2) The Chairman of the Commission shall serve until the
confirmation of a successor.
"(e) Meetings. - (1) The Commission shall meet only during
calendar years 1991, 1993, and 1995.
"(2)(A) Each meeting of the Commission, other than meetings in
which classified information is to be discussed, shall be open to
the public.
"(B) All the proceedings, information, and deliberations of the
Commission shall be open, upon request, to the following:
"(i) The Chairman and the ranking minority party member of the
Subcommittee on Readiness and Management Support of the Committee
on Armed Services of the Senate, or such other members of the
Subcommittee designated by such Chairman or ranking minority
party member.
"(ii) The Chairman and the ranking minority party member of the
Subcommittee on Readiness of the Committee on Armed Services of
the House of Representatives, or such other members of the
Subcommittee designated by such Chairman or ranking minority
party member.
"(iii) The Chairmen and ranking minority party members of the
Subcommittees on Military Construction of the Committees on
Appropriations of the Senate and of the House of Representatives,
or such other members of the Subcommittees designated by such
Chairmen or ranking minority party members.
"(f) Vacancies. - A vacancy in the Commission shall be filled in
the same manner as the original appointment, but the individual
appointed to fill the vacancy shall serve only for the unexpired
portion of the term for which the individual's predecessor was
appointed.
"(g) Pay and Travel Expenses. - (1)(A) Each member, other than
the Chairman, shall be paid at a rate equal to the daily equivalent
of the minimum annual rate of basic pay payable for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the member
is engaged in the actual performance of duties vested in the
Commission.
"(B) The Chairman shall be paid for each day referred to in
subparagraph (A) at a rate equal to the daily equivalent of the
minimum annual rate of basic pay payable for level III of the
Executive Schedule under section 5314 of title 5, United States
Code.
"(2) Members shall receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of
title 5, United States Code.
"(h) Director of Staff. - (1) The Commission shall, without
regard to section 5311(b) of title 5, United States Code, appoint a
Director who has not served on active duty in the Armed Forces or
as a civilian employee of the Department of Defense during the one-
year period preceding the date of such appointment.
"(2) The Director shall be paid at the rate of basic pay payable
for level IV of the Executive Schedule under section 5315 of title
5, United States Code.
"(i) Staff. - (1) Subject to paragraphs (2) and (3), the
Director, with the approval of the Commission, may appoint and fix
the pay of additional personnel.
"(2) The Director may make such appointments without regard to
the provisions of title 5, United States Code, governing
appointments in the competitive service, and any personnel so
appointed may be paid without regard to the provisions of chapter
51 and subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the annual
rate of basic pay payable for GS-18 of the General Schedule.
"(3)(A) Not more than one-third of the personnel employed by or
detailed to the Commission may be on detail from the Department of
Defense.
"(B)(i) Not more than one-fifth of the professional analysts of
the Commission staff may be persons detailed from the Department of
Defense to the Commission.
"(ii) No person detailed from the Department of Defense to the
Commission may be assigned as the lead professional analyst with
respect to a military department or defense agency.
"(C) A person may not be detailed from the Department of Defense
to the Commission if, within 12 months before the detail is to
begin, that person participated personally and substantially in any
matter within the Department of Defense concerning the preparation
of recommendations for closures or realignments of military
installations.
"(D) No member of the Armed Forces, and no officer or employee of
the Department of Defense, may -
"(i) prepare any report concerning the effectiveness, fitness,
or efficiency of the performance on the staff of the Commission
of any person detailed from the Department of Defense to that
staff;
"(ii) review the preparation of such a report; or
"(iii) approve or disapprove such a report.
"(4) Upon request of the Director, the head of any Federal
department or agency may detail any of the personnel of that
department or agency to the Commission to assist the Commission in
carrying out its duties under this part.
"(5) The Comptroller General of the United States shall provide
assistance, including the detailing of employees, to the Commission
in accordance with an agreement entered into with the Commission.
"(6) The following restrictions relating to the personnel of the
Commission shall apply during 1992 and 1994:
"(A) There may not be more than 15 persons on the staff at any
one time.
"(B) The staff may perform only such functions as are necessary
to prepare for the transition to new membership on the Commission
in the following year.
"(C) No member of the Armed Forces and no employee of the
Department of Defense may serve on the staff.
"(j) Other Authority. - (1) The Commission may procure by
contract, to the extent funds are available, the temporary or
intermittent services of experts or consultants pursuant to section
3109 of title 5, United States Code.
"(2) The Commission may lease space and acquire personal property
to the extent funds are available.
"(k) Funding. - (1) There are authorized to be appropriated to
the Commission such funds as are necessary to carry out its duties
under this part. Such funds shall remain available until expended.
"(2) If no funds are appropriated to the Commission by the end of
the second session of the 101st Congress, the Secretary of Defense
may transfer, for fiscal year 1991, to the Commission funds from
the Department of Defense Base Closure Account established by
section 207 of Public Law 100-526 [set out below]. Such funds shall
remain available until expended.
"(3)(A) The Secretary may transfer not more than $300,000 from
unobligated funds in the account referred to in subparagraph (B)
for the purpose of assisting the Commission in carrying out its
duties under this part during October, November, and December 1995.
Funds transferred under the preceding sentence shall remain
available until December 31, 1995.
"(B) The account referred to in subparagraph (A) is the
Department of Defense Base Closure Account established under
section 207(a) of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100-526; 10 U.S.C. 2687
note).
"(l) Termination. - The Commission shall terminate on December
31, 1995.
"(m) Prohibition Against Restricting Communications. - Section
1034 of title 10, United States Code, shall apply with respect to
communications with the Commission.
"SEC. 2903. PROCEDURE FOR MAKING RECOMMENDATIONS FOR BASE
CLOSURES AND REALIGNMENTS
"(a) Force-Structure Plan. - (1) As part of the budget
justification documents submitted to Congress in support of the
budget for the Department of Defense for each of the fiscal years
1992, 1994, and 1996, the Secretary shall include a force-structure
plan for the Armed Forces based on an assessment by the Secretary
of the probable threats to the national security during the six-
year period beginning with the fiscal year for which the budget
request is made and of the anticipated levels of funding that will
be available for national defense purposes during such period.
"(2) Such plan shall include, without any reference (directly or
indirectly) to military installations inside the United States that
may be closed or realigned under such plan -
"(A) a description of the assessment referred to in paragraph
(1);
"(B) a description (i) of the anticipated force structure
during and at the end of each such period for each military
department (with specifications of the number and type of units
in the active and reserve forces of each such department), and
(ii) of the units that will need to be forward based (with a
justification thereof) during and at the end of each such period;
and
"(C) a description of the anticipated implementation of such
force-structure plan.
"(3) The Secretary shall also transmit a copy of each such force-
structure plan to the Commission.
"(b) Selection Criteria. - (1) The Secretary shall, by no later
than December 31, 1990, publish in the Federal Register and
transmit to the congressional defense committees the criteria
proposed to be used by the Department of Defense in making
recommendations for the closure or realignment of military
installations inside the United States under this part. The
Secretary shall provide an opportunity for public comment on the
proposed criteria for a period of at least 30 days and shall
include notice of that opportunity in the publication required
under the preceding sentence.
"(2)(A) The Secretary shall, by no later than February 15, 1991,
publish in the Federal Register and transmit to the congressional
defense committees the final criteria to be used in making
recommendations for the closure or realignment of military
installations inside the United States under this part. Except as
provided in subparagraph (B), such criteria shall be the final
criteria to be used, along with the force-structure plan referred
to in subsection (a), in making such recommendations unless
disapproved by a joint resolution of Congress enacted on or before
March 15, 1991.
"(B) The Secretary may amend such criteria, but such amendments
may not become effective until they have been published in the
Federal Register, opened to public comment for at least 30 days,
and then transmitted to the congressional defense committees in
final form by no later than January 15 of the year concerned. Such
amended criteria shall be the final criteria to be used, along with
the force-structure plan referred to in subsection (a), in making
such recommendations unless disapproved by a joint resolution of
Congress enacted on or before February 15 of the year concerned.
"(c) DOD Recommendations. - (1) The Secretary may, by no later
than April 15, 1991, March 15, 1993, and March 1, 1995, publish in
the Federal Register and transmit to the congressional defense
committees and to the Commission a list of the military
installations inside the United States that the Secretary
recommends for closure or realignment on the basis of the force-
structure plan and the final criteria referred to in subsection
(b)(2) that are applicable to the year concerned.
"(2) The Secretary shall include, with the list of
recommendations published and transmitted pursuant to paragraph
(1), a summary of the selection process that resulted in the
recommendation for each installation, including a justification for
each recommendation. The Secretary shall transmit the matters
referred to in the preceding sentence not later than 7 days after
the date of the transmittal to the congressional defense committees
and the Commission of the list referred to in paragraph (1).
"(3)(A) In considering military installations for closure or
realignment, the Secretary shall consider all military
installations inside the United States equally without regard to
whether the installation has been previously considered or proposed
for closure or realignment by the Department.
"(B) In considering military installations for closure or
realignment, the Secretary may not take into account for any
purpose any advance conversion planning undertaken by an affected
community with respect to the anticipated closure or realignment of
an installation.
"(C) For purposes of subparagraph (B), in the case of a community
anticipating the economic effects of a closure or realignment of a
military installation, advance conversion planning -
"(i) shall include community adjustment and economic
diversification planning undertaken by the community before an
anticipated selection of a military installation in or near the
community for closure or realignment; and
"(ii) may include the development of contingency redevelopment
plans, plans for economic development and diversification, and
plans for the joint use (including civilian and military use,
public and private use, civilian dual use, and civilian shared
use) of the property or facilities of the installation after the
anticipated closure or realignment.
"(4) In addition to making all information used by the Secretary
to prepare the recommendations under this subsection available to
Congress (including any committee or member of Congress), the
Secretary shall also make such information available to the
Commission and the Comptroller General of the United States.
"(5)(A) Each person referred to in subparagraph (B), when
submitting information to the Secretary of Defense or the
Commission concerning the closure or realignment of a military
installation, shall certify that such information is accurate and
complete to the best of that person's knowledge and belief.
"(B) Subparagraph (A) applies to the following persons:
"(i) The Secretaries of the military departments.
"(ii) The heads of the Defense Agencies.
"(iii) Each person who is in a position the duties of which
include personal and substantial involvement in the preparation
and submission of information and recommendations concerning the
closure or realignment of military installations, as designated
in regulations which the Secretary of Defense shall prescribe,
regulations which the Secretary of each military department shall
prescribe for personnel within that military department, or
regulations which the head of each Defense Agency shall prescribe
for personnel within that Defense Agency.
"(6) Any information provided to the Commission by a person
described in paragraph (5)(B) shall also be submitted to the Senate
and the House of Representatives to be made available to the
Members of the House concerned in accordance with the rules of that
House. The information shall be submitted to the Senate and House
of Representatives within 24 hours after the submission of the
information to the Commission.
"(d) Review and Recommendations by the Commission. - (1) After
receiving the recommendations from the Secretary pursuant to
subsection (c) for any year, the Commission shall conduct public
hearings on the recommendations. All testimony before the
Commission at a public hearing conducted under this paragraph shall
be presented under oath.
"(2)(A) The Commission shall, by no later than July 1 of each
year in which the Secretary transmits recommendations to it
pursuant to subsection (c), transmit to the President a report
containing the Commission's findings and conclusions based on a
review and analysis of the recommendations made by the Secretary,
together with the Commission's recommendations for closures and
realignments of military installations inside the United States.
"(B) Subject to subparagraph (C), in making its recommendations,
the Commission may make changes in any of the recommendations made
by the Secretary if the Commission determines that the Secretary
deviated substantially from the force-structure plan and final
criteria referred to in subsection (c)(1) in making
recommendations.
"(C) In the case of a change described in subparagraph (D) in the
recommendations made by the Secretary, the Commission may make the
change only if the Commission -
"(i) makes the determination required by subparagraph (B);
"(ii) determines that the change is consistent with the force-
structure plan and final criteria referred to in subsection
(c)(1);
"(iii) publishes a notice of the proposed change in the Federal
Register not less than 45 days before transmitting its
recommendations to the President pursuant to paragraph (2); and
"(iv) conducts public hearings on the proposed change.
"(D) Subparagraph (C) shall apply to a change by the Commission
in the Secretary's recommendations that would -
"(i) add a military installation to the list of military
installations recommended by the Secretary for closure;
"(ii) add a military installation to the list of military
installations recommended by the Secretary for realignment; or
"(iii) increase the extent of a realignment of a particular
military installation recommended by the Secretary.
"(E) In making recommendations under this paragraph, the
Commission may not take into account for any purpose any advance
conversion planning undertaken by an affected community with
respect to the anticipated closure or realignment of a military
installation.
"(3) The Commission shall explain and justify in its report
submitted to the President pursuant to paragraph (2) any
recommendation made by the Commission that is different from the
recommendations made by the Secretary pursuant to subsection (c).
The Commission shall transmit a copy of such report to the
congressional defense committees on the same date on which it
transmits its recommendations to the President under paragraph (2).
"(4) After July 1 of each year in which the Commission transmits
recommendations to the President under this subsection, the
Commission shall promptly provide, upon request, to any Member of
Congress information used by the Commission in making its
recommendations.
"(5) The Comptroller General of the United States shall -
"(A) assist the Commission, to the extent requested, in the
Commission's review and analysis of the recommendations made by
the Secretary pursuant to subsection (c); and
"(B) by no later than April 15 of each year in which the
Secretary makes such recommendations, transmit to the Congress
and to the Commission a report containing a detailed analysis of
the Secretary's recommendations and selection process.
"(e) Review by the President. - (1) The President shall, by no
later than July 15 of each year in which the Commission makes
recommendations under subsection (d), transmit to the Commission
and to the Congress a report containing the President's approval or
disapproval of the Commission's recommendations.
"(2) If the President approves all the recommendations of the
Commission, the President shall transmit a copy of such
recommendations to the Congress, together with a certification of
such approval.
"(3) If the President disapproves the recommendations of the
Commission, in whole or in part, the President shall transmit to
the Commission and the Congress the reasons for that disapproval.
The Commission shall then transmit to the President, by no later
than August 15 of the year concerned, a revised list of
recommendations for the closure and realignment of military
installations.
"(4) If the President approves all of the revised recommendations
of the Commission transmitted to the President under paragraph (3),
the President shall transmit a copy of such revised recommendations
to the Congress, together with a certification of such approval.
"(5) If the President does not transmit to the Congress an
approval and certification described in paragraph (2) or (4) by
September 1 of any year in which the Commission has transmitted
recommendations to the President under this part, the process by
which military installations may be selected for closure or
realignment under this part with respect to that year shall be
terminated.
"SEC. 2904. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
"(a) In General. - Subject to subsection (b), the Secretary shall
-
"(1) close all military installations recommended for closure
by the Commission in each report transmitted to the Congress by
the President pursuant to section 2903(e);
"(2) realign all military installations recommended for
realignment by such Commission in each such report;
"(3) carry out the privatization in place of a military
installation recommended for closure or realignment by the
Commission in the 2005 report only if privatization in place is a
method of closure or realignment of the military installation
specified in the recommendations of the Commission in such report
and is determined by the Commission to be the most cost-effective
method of implementation of the recommendation;
"(4) initiate all such closures and realignments no later than
two years after the date on which the President transmits a
report to the Congress pursuant to section 2903(e) containing the
recommendations for such closures or realignments; and
"(5) complete all such closures and realignments no later than
the end of the six-year period beginning on the date on which the
President transmits the report pursuant to section 2903(e)
containing the recommendations for such closures or realignments.
"(b) Congressional Disapproval. - (1) The Secretary may not carry
out any closure or realignment recommended by the Commission in a
report transmitted from the President pursuant to section 2903(e)
if a joint resolution is enacted, in accordance with the provisions
of section 2908, disapproving such recommendations of the
Commission before the earlier of -
"(A) the end of the 45-day period beginning on the date on
which the President transmits such report; or
"(B) the adjournment of Congress sine die for the session
during which such report is transmitted.
"(2) For purposes of paragraph (1) of this subsection and
subsections (a) and (c) of section 2908, the days on which either
House of Congress is not in session because of an adjournment of
more than three days to a day certain shall be excluded in the
computation of a period.
"SEC. 2905. IMPLEMENTATION
"(a) In General. - (1) In closing or realigning any military
installation under this part, the Secretary may -
"(A) take such actions as may be necessary to close or realign
any military installation, including the acquisition of such
land, the construction of such replacement facilities, the
performance of such activities, and the conduct of such advance
planning and design as may be required to transfer functions from
a military installation being closed or realigned to another
military installation, and may use for such purpose funds in the
Account or funds appropriated to the Department of Defense for
use in planning and design, minor construction, or operation and
maintenance;
"(B) provide -
"(i) economic adjustment assistance to any community located
near a military installation being closed or realigned, and
"(ii) community planning assistance to any community located
near a military installation to which functions will be
transferred as a result of the closure or realignment of a
military installation,
if the Secretary of Defense determines that the financial
resources available to the community (by grant or otherwise) for
such purposes are inadequate, and may use for such purposes funds
in the Account or funds appropriated to the Department of Defense
for economic adjustment assistance or community planning
assistance;
"(C) carry out activities for the purposes of environmental
restoration and mitigation at any such installation, and shall
use for such purposes funds in the Account;
"(D) provide outplacement assistance to civilian employees
employed by the Department of Defense at military installations
being closed or realigned, and may use for such purpose funds in
the Account or funds appropriated to the Department of Defense
for outplacement assistance to employees; and
"(E) reimburse other Federal agencies for actions performed at
the request of the Secretary with respect to any such closure or
realignment, and may use for such purpose funds in the Account or
funds appropriated to the Department of Defense and available for
such purpose.
"(2) In carrying out any closure or realignment under this part,
the Secretary shall ensure that environmental restoration of any
property made excess to the needs of the Department of Defense as a
result of such closure or realignment be carried out as soon as
possible with funds available for such purpose.
"(b) Management and Disposal of Property. - (1) The Administrator
of General Services shall delegate to the Secretary of Defense,
with respect to excess and surplus real property, facilities, and
personal property located at a military installation closed or
realigned under this part -
"(A) the authority of the Administrator to utilize excess
property under subchapter II of chapter 5 of title 40, United
States Code;
"(B) the authority of the Administrator to dispose of surplus
property under subchapter III of chapter 5 of title 40, United
States Code;
"(C) the authority to dispose of surplus property for public
airports under sections 47151 through 47153 of title 49, United
States Code; and
"(D) the authority of the Administrator to determine the
availability of excess or surplus real property for wildlife
conservation purposes in accordance with the Act of May 19, 1948
(16 U.S.C. 667b).
"(2)(A) Subject to subparagraph (B) and paragraphs (3), (4), (5),
and (6), the Secretary of Defense shall exercise the authority
delegated to the Secretary pursuant to paragraph (1) in accordance
with -
"(i) all regulations governing the utilization of excess
property and the disposal of surplus property under the Federal
Property and Administrative Services Act of 1949 [now chapters 1
to 11 of Title 40, Public Buildings, Property, and Works and
title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)];
and
"(ii) all regulations governing the conveyance and disposal of
property under section 13(g) of the Surplus Property Act of 1944
(50 U.S.C. App. 1622(g)).
"(B) The Secretary may, with the concurrence of the Administrator
of General Services -
"(i) prescribe general policies and methods for utilizing
excess property and disposing of surplus property pursuant to the
authority delegated under paragraph (1); and
"(ii) issue regulations relating to such policies and methods,
which shall supersede the regulations referred to in subparagraph
(A) with respect to that authority.
"(C) The Secretary of Defense may transfer real property or
facilities located at a military installation to be closed or
realigned under this part, with or without reimbursement, to a
military department or other entity (including a nonappropriated
fund instrumentality) within the Department of Defense or the Coast
Guard.
"(D) Before any action may be taken with respect to the disposal
of any surplus real property or facility located at any military
installation to be closed or realigned under this part, the
Secretary of Defense shall consult with the Governor of the State
and the heads of the local governments concerned for the purpose of
considering any plan for the use of such property by the local
community concerned.
(E) If a military installation to be closed, realigned, or placed
in an inactive status under this part includes a road used for
public access through, into, or around the installation, the
Secretary of Defense shall consult with the Governor of the State
and the heads of the local governments concerned for the purpose of
considering the continued availability of the road for public use
after the installation is closed, realigned, or placed in an
inactive status.
"(3)(A) Not later than 6 months after the date of approval of the
closure or realignment of a military installation under this part,
the Secretary, in consultation with the redevelopment authority
with respect to the installation, shall -
"(i) inventory the personal property located at the
installation; and
"(ii) identify the items (or categories of items) of such
personal property that the Secretary determines to be related to
real property and anticipates will support the implementation of
the redevelopment plan with respect to the installation.
"(B) If no redevelopment authority referred to in subparagraph
(A) exists with respect to an installation, the Secretary shall
consult with -
"(i) the local government in whose jurisdiction the
installation is wholly located; or
"(ii) a local government agency or State government agency
designated for the purpose of such consultation by the chief
executive officer of the State in which the installation is
located.
"(C)(i) Except as provided in subparagraphs (E) and (F), the
Secretary may not carry out any of the activities referred to in
clause (ii) with respect to an installation referred to in that
clause until the earlier of -
"(I) one week after the date on which the redevelopment plan
for the installation is submitted to the Secretary;
"(II) the date on which the redevelopment authority notifies
the Secretary that it will not submit such a plan;
"(III) twenty-four months after the date of approval of the
closure or realignment of the installation; or
"(IV) ninety days before the date of the closure or realignment
of the installation.
"(ii) The activities referred to in clause (i) are activities
relating to the closure or realignment of an installation to be
closed or realigned under this part as follows:
"(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
"(II) The reduction in maintenance and repair of facilities or
equipment located at the installation below the minimum levels
required to support the use of such facilities or equipment for
nonmilitary purposes.
"(D) Except as provided in paragraph (4), the Secretary may not
transfer items of personal property located at an installation to
be closed or realigned under this part to another installation, or
dispose of such items, if such items are identified in the
redevelopment plan for the installation as items essential to the
reuse or redevelopment of the installation. In connection with the
development of the redevelopment plan for the installation, the
Secretary shall consult with the entity responsible for developing
the redevelopment plan to identify the items of personal property
located at the installation, if any, that the entity desires to be
retained at the installation for reuse or redevelopment of the
installation.
"(E) This paragraph shall not apply to any personal property
located at an installation to be closed or realigned under this
part if the property -
"(i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
"(ii) is uniquely military in character, and is likely to have
no civilian use (other than use for its material content or as a
source of commonly used components);
"(iii) is not required for the reutilization or redevelopment
of the installation (as jointly determined by the Secretary and
the redevelopment authority);
"(iv) is stored at the installation for purposes of
distribution (including spare parts or stock items); or
"(v)(I) meets known requirements of an authorized program of
another Federal department or agency for which expenditures for
similar property would be necessary, and (II) is the subject of a
written request by the head of the department or agency.
"(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary
may carry out any activity referred to in subparagraph (C)(ii) or
(D) if the Secretary determines that the carrying out of such
activity is in the national security interest of the United States.
"(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed or
realigned under this part to the redevelopment authority with
respect to the installation for purposes of job generation on the
installation.
"(B) With respect to military installations for which the date of
approval of closure or realignment is after January 1, 2005, the
Secretary shall seek to obtain consideration in connection with any
transfer under this paragraph of property located at the
installation in an amount equal to the fair market value of the
property, as determined by the Secretary. The transfer of property
of a military installation under subparagraph (A) may be without
consideration if the redevelopment authority with respect to the
installation -
"(i) agrees that the proceeds from any sale or lease of the
property (or any portion thereof) received by the redevelopment
authority during at least the first seven years after the date of
the initial transfer of property under subparagraph (A) shall be
used to support the economic redevelopment of, or related to, the
installation; and
"(ii) executes the agreement for transfer of the property and
accepts control of the property within a reasonable time after
the date of the property disposal record of decision or finding
of no significant impact under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
"(C) For purposes of subparagraph (B), the use of proceeds from a
sale or lease described in such subparagraph to pay for, or offset
the costs of, public investment on or related to the installation
for any of the following purposes shall be considered a use to
support the economic redevelopment of, or related to, the
installation:
"(i) Road construction.
"(ii) Transportation management facilities.
"(iii) Storm and sanitary sewer construction.
"(iv) Police and fire protection facilities and other public
facilities.
"(v) Utility construction.
"(vi) Building rehabilitation.
"(vii) Historic property preservation.
"(viii) Pollution prevention equipment or facilities.
"(ix) Demolition.
"(x) Disposal of hazardous materials generated by demolition.
"(xi) Landscaping, grading, and other site or public
improvements.
"(xii) Planning for or the marketing of the development and
reuse of the installation.
"(D) The Secretary may recoup from a redevelopment authority such
portion of the proceeds from a sale or lease described in
subparagraph (B) as the Secretary determines appropriate if the
redevelopment authority does not use the proceeds to support
economic redevelopment of, or related to, the installation for the
period specified in subparagraph (B).
"(E)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this part
(including property at an installation approved for realignment
which will be retained by the Department of Defense or another
Federal agency after realignment) to the redevelopment authority
for the installation if the redevelopment authority agrees to
lease, directly upon transfer, one or more portions of the property
transferred under this subparagraph to the Secretary or to the head
of another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this subparagraph.
"(ii) A lease under clause (i) shall be for a term of not to
exceed 50 years, but may provide for options for renewal or
extension of the term by the department or agency concerned.
"(iii) A lease under clause (i) may not require rental payments
by the United States.
"(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the expiration of
the term of the lease, the remainder of the lease term may be
satisfied by the same or another department or agency of the
Federal Government using the property for a use similar to the use
under the lease. Exercise of the authority provided by this clause
shall be made in consultation with the redevelopment authority
concerned.
"(v) Notwithstanding clause (iii), if a lease under clause (i)
involves a substantial portion of the installation, the department
or agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a provision
of the lease. The facility services and common area maintenance
shall be provided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility services and
common area maintenance covered by the lease shall not include -
"(I) municipal services that a State or local government is
required by law to provide to all landowners in its jurisdiction
without direct charge; or
"(II) firefighting or security-guard functions.
"(F) The transfer of personal property under subparagraph (A)
shall not be subject to the provisions of subchapters II and III of
chapter 5 of title 40, United States Code, if the Secretary
determines that the transfer of such property is necessary for the
effective implementation of a redevelopment plan with respect to
the installation at which such property is located.
"(G) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real property under
this paragraph.
"(H)(i) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into before April 21, 1999, the Secretary may modify the agreement,
and in so doing compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United States, if -
"(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
"(II) the terms of the modification do not require the return
of any payments that have been made to the Secretary;
"(III) the terms of the modification do not compromise, waive,
adjust, release, or reduce any right, title, claim, lien, or
demand of the United States with respect to in-kind
consideration; and
"(IV) the cash consideration to which the United States is
entitled under the modified agreement, when combined with the
cash consideration to be received by the United States for the
disposal of other real property assets on the installation, are
as sufficient as they were under the original agreement to fund
the reserve account established under section 204(b)(7)(C) of the
Defense Authorization Amendments and Base Closure and Realignment
Act [Pub. L. 100-526, 10 U.S.C. 2687 note], with the depreciated
value of the investment made with commissary store funds or
nonappropriated funds in property disposed of pursuant to the
agreement being modified, in accordance with section 2906(d).
"(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the
extent that, the Secretary determines such waiver is necessary.
"(iii) With the exception of the requirement that the transfer be
without consideration, the requirements of subparagraphs (B), (C),
and (D) shall be applicable to any agreement modified pursuant to
clause (i).
"(I) In the case of an agreement for the transfer of property of
a military installation under this paragraph that was entered into
during the period beginning on April 21, 1999, and ending on the
date of enactment of the National Defense Authorization Act for
Fiscal Year 2000 [Oct. 5, 1999], at the request of the
redevelopment authority concerned, the Secretary shall modify the
agreement to conform to all the requirements of subparagraphs (B),
(C), and (D). Such a modification may include the compromise,
waiver, adjustment, release, or reduction of any right, title,
claim, lien, or demand of the United States under the agreement.
"(J) The Secretary may require any additional terms and
conditions in connection with a transfer under this paragraph as
such Secretary considers appropriate to protect the interests of
the United States.
"(5)(A) Except as provided in subparagraphs (B) and (C), the
Secretary shall take such actions as the Secretary determines
necessary to ensure that final determinations under paragraph (1)
regarding whether another department or agency of the Federal
Government has identified a use for any portion of a military
installation to be closed or realigned under this part, or will
accept transfer of any portion of such installation, are made not
later than 6 months after the date of approval of closure or
realignment of that installation.
"(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the
final determinations referred to in subparagraph (A) with respect
to the installation for such period as the Secretary determines
appropriate if the Secretary determines that such postponement is
in the best interests of the communities affected by the closure or
realignment of the installation.
"(C)(i) Before acquiring non-Federal real property as the
location for a new or replacement Federal facility of any type, the
head of the Federal agency acquiring the property shall consult
with the Secretary regarding the feasibility and cost advantages of
using Federal property or facilities at a military installation
closed or realigned or to be closed or realigned under this part as
the location for the new or replacement facility. In considering
the availability and suitability of a specific military
installation, the Secretary and the head of the Federal agency
involved shall obtain the concurrence of the redevelopment
authority with respect to the installation and comply with the
redevelopment plan for the installation.
"(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal facility,
the head of the Federal agency acquiring the property shall submit
to Congress a report containing the results of the consultation
under clause (i) and the reasons why military installations
referred to in such clause that are located within the area to be
served by the new or replacement Federal facility or within a 200-
mile radius of the new or replacement facility, whichever area is
greater, were considered to be unsuitable or unavailable for the
site of the new or replacement facility.
"(iii) This subparagraph shall apply during the period beginning
on the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31,
2001.
"(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the
provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 et seq.) to military installations closed under this part.
For procedures relating to the use to assist the homeless of
buildings and property at installations closed under this part
after the date of the enactment of this sentence [Oct. 25, 1994],
see paragraph (7).
"(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the
transferability of any portion of an installation to be closed
under this part, the Secretary shall -
"(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in clause
(ii) is excess property, surplus property, or unutilized or
underutilized property for the purpose of the information
referred to in section 501(a) of such Act (42 U.S.C. 11411(a));
and
"(II) submit to the Secretary of Housing and Urban Development
information on any building or property that is so determined.
"(ii) The buildings and property referred to in clause (i) are
any buildings or property located at an installation referred to in
that clause for which no use is identified, or of which no Federal
department or agency will accept transfer, pursuant to the
determination of transferability referred to in that clause.
"(C) Not later than 60 days after the date on which the Secretary
of Defense submits information to the Secretary of Housing and
Urban Development under subparagraph (B)(ii), the Secretary of
Housing and Urban Development shall -
"(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
"(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
"(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect to
each building or property the information referred to in section
501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; and
"(iv) make available with respect to each building and property
the information referred to in section 501(c)(1)(C) of such Act
in accordance with such section 501(c)(1)(C).
"(D) Any buildings and property included in a list published
under subparagraph (C)(iii) shall be treated as property available
for application for use to assist the homeless under section 501(d)
of such Act.
"(E) The Secretary of Defense shall make available in accordance
with section 501(f) of such Act any buildings or property referred
to in subparagraph (D) for which -
"(i) a written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act;
"(ii) an application for use of such buildings or property for
such purpose is submitted to the Secretary of Health and Human
Services in accordance with section 501(e)(2) of such Act; and
"(iii) the Secretary of Health and Human Services -
"(I) completes all actions on the application in accordance
with section 501(e)(3) of such Act; and
"(II) approves the application under section 501(e) of such
Act.
"(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property
referred to subparagraph (D), and buildings and property referred
to in subparagraph (B)(ii) which have not been identified as
suitable for use to assist the homeless under subparagraph (C), or
use such buildings and property, in accordance with the
redevelopment plan with respect to the installation at which such
buildings and property are located as follows:
"(I) If no written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act during the 60-day period beginning on the date of the
publication of the buildings and property under subparagraph
(C)(iii).
"(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of the
buildings or property for such purpose is received by the
Secretary of Health and Human Services in accordance with section
501(e)(2) of such Act during the 90-day period beginning on the
date of the receipt of such notice.
"(III) In the case of buildings and property for which such
application is so received, if the Secretary of Health and Human
Services rejects the application under section 501(e) of such
Act.
"(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in
writing an interest in the use of such buildings and property, or
to use such buildings and property, under clause (i) as follows:
"(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first
day after the 60-day period referred to in that clause.
"(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
"(III) In the case of buildings and property referred to in
clause (i)(III), during the one-year period beginning on the date
of the rejection of the application referred to in that clause.
"(iii) A redevelopment authority shall express an interest in the
use of buildings and property under this subparagraph by notifying
the Secretary of Defense, in writing, of such an interest.
"(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use to
assist the homeless under section 501 of such Act [42 U.S.C. 11411]
while so available for a redevelopment authority.
"(ii) If a redevelopment authority does not express an interest
in the use of buildings or property, or commence the use of
buildings or property, under subparagraph (F) within the applicable
time periods specified in clause (ii) of such subparagraph, such
buildings or property shall be treated as property available for
use to assist the homeless under section 501(a) of such Act.
"(7)(A) The disposal of buildings and property located at
installations approved for closure or realignment under this part
after October 25, 1994, shall be carried out in accordance with
this paragraph rather than paragraph (6).
"(B)(i) Not later than the date on which the Secretary of Defense
completes the final determinations referred to in paragraph (5)
relating to the use or transferability of any portion of an
installation covered by this paragraph, the Secretary shall -
"(I) identify the buildings and property at the installation
for which the Department of Defense has a use, for which another
department or agency of the Federal Government has identified a
use, or of which another department or agency will accept a
transfer;
"(II) take such actions as are necessary to identify any
building or property at the installation not identified under
subclause (I) that is excess property or surplus property;
"(III) submit to the Secretary of Housing and Urban Development
and to the redevelopment authority for the installation (or the
chief executive officer of the State in which the installation is
located if there is no redevelopment authority for the
installation at the completion of the determination described in
the stem of this sentence) information on any building or
property that is identified under subclause (II); and
"(IV) publish in the Federal Register and in a newspaper of
general circulation in the communities in the vicinity of the
installation information on the buildings and property identified
under subclause (II).
"(ii) Upon the recognition of a redevelopment authority for an
installation covered by this paragraph, the Secretary of Defense
shall publish in the Federal Register and in a newspaper of general
circulation in the communities in the vicinity of the installation
information on the redevelopment authority.
"(C)(i) State and local governments, representatives of the
homeless, and other interested parties located in the communities
in the vicinity of an installation covered by this paragraph shall
submit to the redevelopment authority for the installation a notice
of the interest, if any, of such governments, representatives, and
parties in the buildings or property, or any portion thereof, at
the installation that are identified under subparagraph (B)(i)(II).
A notice of interest under this clause shall describe the need of
the government, representative, or party concerned for the
buildings or property covered by the notice.
"(ii) The redevelopment authority for an installation shall
assist the governments, representatives, and parties referred to in
clause (i) in evaluating buildings and property at the installation
for purposes of this subparagraph.
"(iii) In providing assistance under clause (ii), a redevelopment
authority shall -
"(I) consult with representatives of the homeless in the
communities in the vicinity of the installation concerned; and
"(II) undertake outreach efforts to provide information on the
buildings and property to representatives of the homeless, and to
other persons or entities interested in assisting the homeless,
in such communities.
"(iv) It is the sense of Congress that redevelopment authorities
should begin to conduct outreach efforts under clause (iii)(II)
with respect to an installation as soon as is practicable after the
date of approval of closure or realignment of the installation.
"(D)(i) State and local governments, representatives of the
homeless, and other interested parties shall submit a notice of
interest to a redevelopment authority under subparagraph (C) not
later than the date specified for such notice by the redevelopment
authority.
"(ii) The date specified under clause (i) shall be -
"(I) in the case of an installation for which a redevelopment
authority has been recognized as of the date of the completion of
the determinations referred to in paragraph (5), not earlier than
3 months and not later than 6 months after the date of
publication of such determination in a newspaper of general
circulation in the communities in the vicinity of the
installation under subparagraph (B)(i)(IV); and
"(II) in the case of an installation for which a redevelopment
authority is not recognized as of such date, not earlier than 3
months and not later than 6 months after the date of the
recognition of a redevelopment authority for the installation.
"(iii) Upon specifying a date for an installation under this
subparagraph, the redevelopment authority for the installation
shall -
"(I) publish the date specified in a newspaper of general
circulation in the communities in the vicinity of the
installation concerned; and
"(II) notify the Secretary of Defense of the date.
"(E)(i) In submitting to a redevelopment authority under
subparagraph (C) a notice of interest in the use of buildings or
property at an installation to assist the homeless, a
representative of the homeless shall submit the following:
"(I) A description of the homeless assistance program that the
representative proposes to carry out at the installation.
"(II) An assessment of the need for the program.
"(III) A description of the extent to which the program is or
will be coordinated with other homeless assistance programs in
the communities in the vicinity of the installation.
"(IV) A description of the buildings and property at the
installation that are necessary in order to carry out the
program.
"(V) A description of the financial plan, the organization, and
the organizational capacity of the representative to carry out
the program.
"(VI) An assessment of the time required in order to commence
carrying out the program.
"(ii) A redevelopment authority may not release to the public any
information submitted to the redevelopment authority under clause
(i)(V) without the consent of the representative of the homeless
concerned unless such release is authorized under Federal law and
under the law of the State and communities in which the
installation concerned is located.
"(F)(i) The redevelopment authority for each installation covered
by this paragraph shall prepare a redevelopment plan for the
installation. The redevelopment authority shall, in preparing the
plan, consider the interests in the use to assist the homeless of
the buildings and property at the installation that are expressed
in the notices submitted to the redevelopment authority under
subparagraph (C).
"(ii)(I) In connection with a redevelopment plan for an
installation, a redevelopment authority and representatives of the
homeless shall prepare legally binding agreements that provide for
the use to assist the homeless of buildings and property,
resources, and assistance on or off the installation. The
implementation of such agreements shall be contingent upon the
decision regarding the disposal of the buildings and property
covered by the agreements by the Secretary of Defense under
subparagraph (K) or (L).
"(II) Agreements under this clause shall provide for the
reversion to the redevelopment authority concerned, or to such
other entity or entities as the agreements shall provide, of
buildings and property that are made available under this paragraph
for use to assist the homeless in the event that such buildings and
property cease being used for that purpose.
"(iii) A redevelopment authority shall provide opportunity for
public comment on a redevelopment plan before submission of the
plan to the Secretary of Defense and the Secretary of Housing and
Urban Development under subparagraph (G).
"(iv) A redevelopment authority shall complete preparation of a
redevelopment plan for an installation and submit the plan under
subparagraph (G) not later than 9 months after the date specified
by the redevelopment authority for the installation under
subparagraph (D).
"(G)(i) Upon completion of a redevelopment plan under
subparagraph (F), a redevelopment authority shall submit an
application containing the plan to the Secretary of Defense and to
the Secretary of Housing and Urban Development.
"(ii) A redevelopment authority shall include in an application
under clause (i) the following:
"(I) A copy of the redevelopment plan, including a summary of
any public comments on the plan received by the redevelopment
authority under subparagraph (F)(iii).
"(II) A copy of each notice of interest of use of buildings and
property to assist the homeless that was submitted to the
redevelopment authority under subparagraph (C), together with a
description of the manner, if any, in which the plan addresses
the interest expressed in each such notice and, if the plan does
not address such an interest, an explanation why the plan does
not address the interest.
"(III) A summary of the outreach undertaken by the
redevelopment authority under subparagraph (C)(iii)(II) in
preparing the plan.
"(IV) A statement identifying the representatives of the
homeless and the homeless assistance planning boards, if any,
with which the redevelopment authority consulted in preparing the
plan, and the results of such consultations.
"(V) An assessment of the manner in which the redevelopment
plan balances the expressed needs of the homeless and the need of
the communities in the vicinity of the installation for economic
redevelopment and other development.
"(VI) Copies of the agreements that the redevelopment authority
proposes to enter into under subparagraph (F)(ii).
"(H)(i) Not later than 60 days after receiving a redevelopment
plan under subparagraph (G), the Secretary of Housing and Urban
Development shall complete a review of the plan. The purpose of the
review is to determine whether the plan, with respect to the
expressed interest and requests of representatives of the homeless -

"(I) takes into consideration the size and nature of the
homeless population in the communities in the vicinity of the
installation, the availability of existing services in such
communities to meet the needs of the homeless in such
communities, and the suitability of the buildings and property
covered by the plan for the use and needs of the homeless in such
communities;
"(II) takes into consideration any economic impact of the
homeless assistance under the plan on the communities in the
vicinity of the installation;
"(III) balances in an appropriate manner the needs of the
communities in the vicinity of the installation for economic
redevelopment and other development with the needs of the
homeless in such communities;
"(IV) was developed in consultation with representatives of the
homeless and the homeless assistance planning boards, if any, in
the communities in the vicinity of the installation; and
"(V) specifies the manner in which buildings and property,
resources, and assistance on or off the installation will be made
available for homeless assistance purposes.
"(ii) It is the sense of Congress that the Secretary of Housing
and Urban Development shall, in completing the review of a plan
under this subparagraph, take into consideration and be receptive
to the predominant views on the plan of the communities in the
vicinity of the installation covered by the plan.
"(iii) The Secretary of Housing and Urban Development may engage
in negotiations and consultations with a redevelopment authority
before or during the course of a review under clause (i) with a
view toward resolving any preliminary determination of the
Secretary that a redevelopment plan does not meet a requirement set
forth in that clause. The redevelopment authority may modify the
redevelopment plan as a result of such negotiations and
consultations.
"(iv) Upon completion of a review of a redevelopment plan under
clause (i), the Secretary of Housing and Urban Development shall
notify the Secretary of Defense and the redevelopment authority
concerned of the determination of the Secretary of Housing and
Urban Development under that clause.
"(v) If the Secretary of Housing and Urban Development determines
as a result of such a review that a redevelopment plan does not
meet the requirements set forth in clause (i), a notice under
clause (iv) shall include -
"(I) an explanation of that determination; and
"(II) a statement of the actions that the redevelopment
authority must undertake in order to address that determination.
"(I)(i) Upon receipt of a notice under subparagraph (H)(iv) of a
determination that a redevelopment plan does not meet a requirement
set forth in subparagraph (H)(i), a redevelopment authority shall
have the opportunity to -
"(I) revise the plan in order to address the determination; and
"(II) submit the revised plan to the Secretary of Defense and
the Secretary of Housing and Urban Development.
"(ii) A redevelopment authority shall submit a revised plan under
this subparagraph to such Secretaries, if at all, not later than 90
days after the date on which the redevelopment authority receives
the notice referred to in clause (i).
"(J)(i) Not later than 30 days after receiving a revised
redevelopment plan under subparagraph (I), the Secretary of Housing
and Urban Development shall review the revised plan and determine
if the plan meets the requirements set forth in subparagraph
(H)(i).
"(ii) The Secretary of Housing and Urban Development shall notify
the Secretary of Defense and the redevelopment authority concerned
of the determination of the Secretary of Housing and Urban
Development under this subparagraph.
"(K)(i) Upon receipt of a notice under subparagraph (H)(iv) or
(J)(ii) of the determination of the Secretary of Housing and Urban
Development that a redevelopment plan for an installation meets the
requirements set forth in subparagraph (H)(i), the Secretary of
Defense shall dispose of the buildings and property at the
installation.
"(ii) For purposes of carrying out an environmental assessment of
the closure or realignment of an installation, the Secretary of
Defense shall treat the redevelopment plan for the installation
(including the aspects of the plan providing for disposal to State
or local governments, representatives of the homeless, and other
interested parties) as part of the proposed Federal action for the
installation.
"(iii) The Secretary of Defense shall dispose of buildings and
property under clause (i) in accordance with the record of decision
or other decision document prepared by the Secretary in accordance
with the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.). In preparing the record of decision or other decision
document, the Secretary shall give substantial deference to the
redevelopment plan concerned.
"(iv) The disposal under clause (i) of buildings and property to
assist the homeless shall be without consideration.
"(v) In the case of a request for a conveyance under clause (i)
of buildings and property for public benefit under section 550 of
title 40, United States Code, or sections 47151 through 47153 of
title 49, United States Code, the sponsoring Federal agency shall
use the eligibility criteria set forth in such section or such
subchapter [probably means subchapter II (Sec. 47151 et seq.) of
chapter 471 of Title 49, Transportation] (as the case may be) to
determine the eligibility of the applicant and use proposed in the
request for the public benefit conveyance. The determination of
such eligibility should be made before submission of the
redevelopment plan concerned under subparagraph (G).
"(L)(i) If the Secretary of Housing and Urban Development
determines under subparagraph (J) that a revised redevelopment plan
for an installation does not meet the requirements set forth in
subparagraph (H)(i), or if no revised plan is so submitted, that
Secretary shall -
"(I) review the original redevelopment plan submitted to that
Secretary under subparagraph (G), including the notice or notices
of representatives of the homeless referred to in clause (ii)(II)
of that subparagraph;
"(II) consult with the representatives referred to in subclause
(I), if any, for purposes of evaluating the continuing interest
of such representatives in the use of buildings or property at
the installation to assist the homeless;
"(III) request that each such representative submit to that
Secretary the items described in clause (ii); and
"(IV) based on the actions of that Secretary under subclauses
(I) and (II), and on any information obtained by that Secretary
as a result of such actions, indicate to the Secretary of Defense
the buildings and property at the installation that meet the
requirements set forth in subparagraph (H)(i).
"(ii) The Secretary of Housing and Urban Development may request
under clause (i)(III) that a representative of the homeless submit
to that Secretary the following:
"(I) A description of the program of such representative to
assist the homeless.
"(II) A description of the manner in which the buildings and
property that the representative proposes to use for such purpose
will assist the homeless.
"(III) Such information as that Secretary requires in order to
determine the financial capacity of the representative to carry
out the program and to ensure that the program will be carried
out in compliance with Federal environmental law and Federal law
against discrimination.
"(IV) A certification that police services, fire protection
services, and water and sewer services available in the
communities in the vicinity of the installation concerned are
adequate for the program.
"(iii) Not later than 90 days after the date of the receipt of a
revised plan for an installation under subparagraph (J), the
Secretary of Housing and Urban Development shall -
"(I) notify the Secretary of Defense and the redevelopment
authority concerned of the buildings and property at an
installation under clause (i)(IV) that the Secretary of Housing
and Urban Development determines are suitable for use to assist
the homeless; and
"(II) notify the Secretary of Defense of the extent to which
the revised plan meets the criteria set forth in subparagraph
(H)(i).
"(iv)(I) Upon notice from the Secretary of Housing and Urban
Development with respect to an installation under clause (iii), the
Secretary of Defense shall dispose of buildings and property at the
installation in consultation with the Secretary of Housing and
Urban Development and the redevelopment authority concerned.
"(II) For purposes of carrying out an environmental assessment of
the closure or realignment of an installation, the Secretary of
Defense shall treat the redevelopment plan submitted by the
redevelopment authority for the installation (including the aspects
of the plan providing for disposal to State or local governments,
representatives of the homeless, and other interested parties) as
part of the proposed Federal action for the installation. The
Secretary of Defense shall incorporate the notification of the
Secretary of Housing and Urban Development under clause (iii)(I) as
part of the proposed Federal action for the installation only to
the extent, if any, that the Secretary of Defense considers such
incorporation to be appropriate and consistent with the best and
highest use of the installation as a whole, taking into
consideration the redevelopment plan submitted by the redevelopment
authority.
"(III) The Secretary of Defense shall dispose of buildings and
property under subclause (I) in accordance with the record of
decision or other decision document prepared by the Secretary in
accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.). In preparing the record of decision or other
decision document, the Secretary shall give deference to the
redevelopment plan submitted by the redevelopment authority for the
installation.
"(IV) The disposal under subclause (I) of buildings and property
to assist the homeless shall be without consideration.
"(V) In the case of a request for a conveyance under subclause
(I) of buildings and property for public benefit under section 550
of title 40, United States Code, or sections 47151 through 47153 of
title 49, United States Code, the sponsoring Federal agency shall
use the eligibility criteria set forth in such section or such
subchapter [probably means subchapter II (Sec. 47151 et seq.) of
Title 49, Transportation] (as the case may be) to determine the
eligibility of the applicant and use proposed in the request for
the public benefit conveyance. The determination of such
eligibility should be made before submission of the redevelopment
plan concerned under subparagraph (G).
"(M)(i) In the event of the disposal of buildings and property of
an installation pursuant to subparagraph (K) or (L), the
redevelopment authority for the installation shall be responsible
for the implementation of and compliance with agreements under the
redevelopment plan described in that subparagraph for the
installation.
"(ii) If a building or property reverts to a redevelopment
authority under such an agreement, the redevelopment authority
shall take appropriate actions to secure, to the maximum extent
practicable, the utilization of the building or property by other
homeless representatives to assist the homeless. A redevelopment
authority may not be required to utilize the building or property
to assist the homeless.
"(N) The Secretary of Defense may postpone or extend any deadline
provided for under this paragraph in the case of an installation
covered by this paragraph for such period as the Secretary
considers appropriate if the Secretary determines that such
postponement is in the interests of the communities affected by the
closure or realignment of the installation. The Secretary shall
make such determinations in consultation with the redevelopment
authority concerned and, in the case of deadlines provided for
under this paragraph with respect to the Secretary of Housing and
Urban Development, in consultation with the Secretary of Housing
and Urban Development.
"(O) For purposes of this paragraph, the term 'communities in the
vicinity of the installation', in the case of an installation,
means the communities that constitute the political jurisdictions
(other than the State in which the installation is located) that
comprise the redevelopment authority for the installation.
"(P) For purposes of this paragraph, the term 'other interested
parties', in the case of an installation, includes any parties
eligible for the conveyance of property of the installation under
section 550 of title 40, United States Code, or sections 47151
through 47153 of title 49, United States Code, whether or not the
parties assist the homeless.
"(8)(A) Subject to subparagraph (C), the Secretary may enter into
agreements (including contracts, cooperative agreements, or other
arrangements for reimbursement) with local governments for the
provision of police or security services, fire protection services,
airfield operation services, or other community services by such
governments at military installations to be closed under this part,
or at facilities not yet transferred or otherwise disposed of in
the case of installations closed under this part, if the Secretary
determines that the provision of such services under such
agreements is in the best interests of the Department of Defense.
"(B) The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title
10, United States Code.
"(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180
days before the date on which the installation is to be closed.
"(D) The Secretary shall include in a contract for services
entered into with a local government under this paragraph a clause
that requires the use of professionals to furnish the services to
the extent that professionals are available in the area under the
jurisdiction of such government.
"(c) Applicability of National Environmental Policy Act of 1969. -
(1) The provisions of the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) shall not apply to the actions of the
President, the Commission, and, except as provided in paragraph
(2), the Department of Defense in carrying out this part.
"(2)(A) The provisions of the National Environmental Policy Act
of 1969 shall apply to actions of the Department of Defense under
this part (i) during the process of property disposal, and (ii)
during the process of relocating functions from a military
installation being closed or realigned to another military
installation after the receiving installation has been selected but
before the functions are relocated.
"(B) In applying the provisions of the National Environmental
Policy Act of 1969 to the processes referred to in subparagraph
(A), the Secretary of Defense and the Secretary of the military
departments concerned shall not have to consider -
"(i) the need for closing or realigning the military
installation which has been recommended for closure or
realignment by the Commission;
"(ii) the need for transferring functions to any military
installation which has been selected as the receiving
installation; or
"(iii) military installations alternative to those recommended
or selected.
"(3) A civil action for judicial review, with respect to any
requirement of the National Environmental Policy Act of 1969 to the
extent such Act is applicable under paragraph (2), of any act or
failure to act by the Department of Defense during the closing,
realigning, or relocating of functions referred to in clauses (i)
and (ii) of paragraph (2)(A), may not be brought more than 60 days
after the date of such act or failure to act.
"(d) Waiver. - The Secretary of Defense may close or realign
military installations under this part without regard to -
"(1) any provision of law restricting the use of funds for
closing or realigning military installations included in any
appropriations or authorization Act; and
"(2) sections 2662 and 2687 of title 10, United States Code.
"(e) Transfer Authority in Connection With Payment of
Environmental Remediation Costs. - (1)(A) Subject to paragraph (2)
of this subsection and section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)), the Secretary may enter into an agreement to
transfer by deed real property or facilities referred to in
subparagraph (B) with any person who agrees to perform all
environmental restoration, waste management, and environmental
compliance activities that are required for the property or
facilities under Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and concurrences.
"(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed, or realigned or to be realigned, under this
part that are available exclusively for the use, or expression of
an interest in a use, of a redevelopment authority under subsection
(b)(6)(F) during the period provided for that use, or expression of
interest in use, under that subsection. The real property and
facilities referred to in subparagraph (A) are also the real
property and facilities located at an installation approved for
closure or realignment under this part after 2001 that are
available for purposes other than to assist the homeless.
"(C) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by
subparagraph (A) as the Secretary considers appropriate to protect
the interests of the United States.
"(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that -
"(A) the costs of all environmental restoration, waste
management, and environmental compliance activities otherwise to
be paid by the Secretary with respect to the property or
facilities are equal to or greater than the fair market value of
the property or facilities to be transferred, as determined by
the Secretary; or
"(B) if such costs are lower than the fair market value of the
property or facilities, the recipient of the property or
facilities agrees to pay the difference between the fair market
value and such costs.
"(3) In the case of property or facilities covered by a
certification under paragraph (2)(A), the Secretary may pay the
recipient of such property or facilities an amount equal to the
lesser of -
"(A) the amount by which the costs incurred by the recipient of
such property or facilities for all environmental restoration,
waste, management, and environmental compliance activities with
respect to such property or facilities exceed the fair market
value of such property or facilities as specified in such
certification; or
"(B) the amount by which the costs (as determined by the
Secretary) that would otherwise have been incurred by the
Secretary for such restoration, management, and activities with
respect to such property or facilities exceed the fair market
value of such property or facilities as so specified.
"(4) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities
will be transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to the
property or facilities. The Secretary shall provide such
information before entering into the agreement.
"(5) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
"(6) Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall
not apply to any transfer under this subsection to persons or
entities described in subsection (a)(2) of such section 330, except
in the case of releases or threatened releases not disclosed
pursuant to paragraph (4).
"[(f) Repealed. Pub. L. 108-136, div. B, title XXVIII, Sec.
2805(d)(2), Nov. 24, 2003, 117 Stat. 1721.]
"(g) Acquisition of Manufactured Housing. - (1) In closing or
realigning any military installation under this part, the Secretary
may purchase any or all right, title, and interest of a member of
the Armed Forces and any spouse of the member in manufactured
housing located at a manufactured housing park established at an
installation closed or realigned under this part, or make a payment
to the member to relocate the manufactured housing to a suitable
new site, if the Secretary determines that -
"(A) it is in the best interests of the Federal Government to
eliminate or relocate the manufactured housing park; and
"(B) the elimination or relocation of the manufactured housing
park would result in an unreasonable financial hardship to the
owners of the manufactured housing.
"(2) Any payment made under this subsection shall not exceed 90
percent of the purchase price of the manufactured housing, as paid
by the member or any spouse of the member, plus the cost of any
permanent improvements subsequently made to the manufactured
housing by the member or spouse of the member.
"(3) The Secretary shall dispose of manufactured housing acquired
under this subsection through resale, donation, trade or otherwise
within one year of acquisition.
"SEC. 2906. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 1990
"(a) In General. - (1) There is hereby established on the books
of the Treasury an account to be known as the 'Department of
Defense Base Closure Account 1990' which shall be administered by
the Secretary as a single account.
"(2) There shall be deposited into the Account -
"(A) funds authorized for and appropriated to the Account;
"(B) any funds that the Secretary may, subject to approval in
an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose, except
that such funds may be transferred only after the date on which
the Secretary transmits written notice of, and justification for,
such transfer to the congressional defense committees;
"(C) except as provided in subsection (d), proceeds received
from the lease, transfer, or disposal of any property at a
military installation closed or realigned under this part[,] the
date of approval of closure or realignment of which is before
January 1, 2005; and
"(D) proceeds received after September 30, 1995, from the
lease, transfer, or disposal of any property at a military
installation closed or realigned under title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 10 U.S.C. 2687 note).
"(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account
upon closure shall be held by the Secretary of the Treasury until
transferred by law after the congressional defense committees
receive the final report transmitted under subsection (c)(2).
"(b) Use of Funds. - (1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with
respect to military installations the date of approval of closure
or realignment of which is before January 1, 2005, or, after
September 30, 1995, for environmental restoration and property
management and disposal at installations closed or realigned under
title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 10 U.S.C. 2687 note).
After July 13, 2001, the Account shall be the sole source of
Federal funds for environmental restoration, property management,
and other caretaker costs associated with any real property at
military installations closed or realigned under this part or such
title II.
"(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of
the project will exceed the maximum amount authorized by law for a
minor military construction project, the Secretary shall notify in
writing the congressional defense committees of the nature of, and
justification for, the project and the amount of expenditures for
such project. Any such construction project may be carried out
without regard to section 2802(a) of title 10, United States Code.
"(c) Reports. - (1)(A) No later than 60 days after the end of
each fiscal year in which the Secretary carries out activities
under this part, the Secretary shall transmit a report to the
congressional defense committees of -
"(i) the amount and nature of the deposits into, and the
expenditures from, the Account during such fiscal year;
"(ii) the amount and nature of other expenditures made pursuant
to section 2905(a) during such fiscal year;
"(iii) the amount and nature of anticipated deposits to be made
into, and the anticipated expenditures to be made from, the
Account during the first fiscal year commencing after the
submission of the report; and
"(iv) the amount and nature of anticipated expenditures to be
made pursuant to section 2905(a) during the first fiscal year
commencing after the submission of the report.
"(B) The report for a fiscal year shall include the following:
"(i) The obligations and expenditures from the Account during
the fiscal year, identified by subaccount and installation, for
each military department and Defense Agency.
"(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds were
obligated for such expenditures.
"(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
"(iv) A description and explanation of the extent, if any, to
which expenditures for military construction projects for the
fiscal year differed from proposals for projects and funding
levels that were included in the justification transmitted to
Congress under section 2907(1), or otherwise, for the funding
proposals for the Account for such fiscal year, including an
explanation of -
"(I) any failure to carry out military construction projects
that were so proposed; and
"(II) any expenditures for military construction projects
that were not so proposed.
"(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal year
commencing after the submission of the report at military
installations the date of approval of closure or realignment of
which is before January 1, 2005.
"(2) No later than 60 days after the termination of the authority
of the Secretary to carry out a closure or realignment under this
part with respect to military installations the date of approval of
closure or realignment of which is before January 1, 2005, and no
later than 60 days after the closure of the Account under
subsection (a)(3), the Secretary shall transmit to the
congressional defense committees a report containing an accounting
of -
"(A) all the funds deposited into and expended from the Account
or otherwise expended under this part with respect to such
installations; and
"(B) any amount remaining in the Account.
"(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds. - (1) If any real property or
facility acquired, constructed, or improved (in whole or in part)
with commissary store funds or nonappropriated funds is transferred
or disposed of in connection with the closure or realignment of a
military installation under this part the date of approval of
closure or realignment of which is before January 1, 2005, a
portion of the proceeds of the transfer or other disposal of
property on that installation shall be deposited in the reserve
account established under section 204(b)(7)(C) of the Defense
Authorization Amendments and Base Closure and Realignment Act [Pub.
L. 100-526] (10 U.S.C. 2687 note).
"(2) The amount so deposited shall be equal to the depreciated
value of the investment made with such funds in the acquisition,
construction, or improvement of that particular real property or
facility. The depreciated value of the investment shall be computed
in accordance with regulations prescribed by the Secretary of
Defense.
"(3) Subject to the limitation contained in section
204(b)(7)(C)(iii) of the Defense Authorization Amendments and Base
Closure and Realignment Act [Pub. L. 100-526, title II, set out
below], amounts in the reserve account are hereby made available to
the Secretary, without appropriation and until expended, for the
purpose of acquiring, constructing, and improving -
"(A) commissary stores; and
"(B) real property and facilities for nonappropriated fund
instrumentalities.
"(4) As used in this subsection:
"(A) The term 'commissary store funds' means funds received
from the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code.
"(B) The term 'nonappropriated funds' means funds received from
a nonappropriated fund instrumentality.
"(C) The term 'nonappropriated fund instrumentality' means an
instrumentality of the United States under the jurisdiction of
the Armed Forces (including the Army and Air Force Exchange
Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
"(e) Account Exclusive Source of Funds for Environmental
Restoration Projects. - Except as provided in section 2906A(e) with
respect to funds in the Department of Defense Base Closure Account
2005 under section 2906A and except for funds deposited into the
Account under subsection (a), funds appropriated to the Department
of Defense may not be used for purposes described in section
2905(a)(1)(C). The prohibition in this subsection shall expire upon
the closure of the Account under subsection (a)(3).
"SEC. 2906A. DEPARTMENT OF DEFENSE BASE CLOSURE ACCOUNT 2005.
"(a) In General. - (1) If the Secretary makes the certifications
required under section 2912(b), there shall be established on the
books of the Treasury an account to be known as the 'Department of
Defense Base Closure Account 2005' (in this section referred to as
the 'Account'). The Account shall be administered by the Secretary
as a single account.
"(2) There shall be deposited into the Account -
"(A) funds authorized for and appropriated to the Account;
"(B) any funds that the Secretary may, subject to approval in
an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose, except
that such funds may be transferred only after the date on which
the Secretary transmits written notice of, and justification for,
such transfer to the congressional defense committees; and
"(C) except as provided in subsection (d), proceeds received
from the lease, transfer, or disposal of any property at a
military installation that is closed or realigned under this part
pursuant to a closure or realignment the date of approval of
which is after January 1, 2005.
"(3) The Account shall be closed at the time and in the manner
provided for appropriation accounts under section 1555 of title 31,
United States Code. Unobligated funds which remain in the Account
upon closure shall be held by the Secretary of the Treasury until
transferred by law after the congressional defense committees
receive the final report transmitted under subsection (c)(2).
"(b) Use of Funds. - (1) The Secretary may use the funds in the
Account only for the purposes described in section 2905 with
respect to military installations the date of approval of closure
or realignment of which is after January 1, 2005.
"(2) When a decision is made to use funds in the Account to carry
out a construction project under section 2905(a) and the cost of
the project will exceed the maximum amount authorized by law for a
minor military construction project, the Secretary shall notify in
writing the congressional defense committees of the nature of, and
justification for, the project and the amount of expenditures for
such project. Any such construction project may be carried out
without regard to section 2802(a) of title 10, United States Code.
"(c) Reports. - (1)(A) No later than 60 days after the end of
each fiscal year in which the Secretary carries out activities
under this part using amounts in the Account, the Secretary shall
transmit a report to the congressional defense committees of -
"(i) the amount and nature of the deposits into, and the
expenditures from, the Account during such fiscal year;
"(ii) the amount and nature of other expenditures made pursuant
to section 2905(a) during such fiscal year;
"(iii) the amount and nature of anticipated deposits to be made
into, and the anticipated expenditures to be made from, the
Account during the first fiscal year commencing after the
submission of the report; and
"(iv) the amount and nature of anticipated expenditures to be
made pursuant to section 2905(a) during the first fiscal year
commencing after the submission of the report.
"(B) The report for a fiscal year shall include the following:
"(i) The obligations and expenditures from the Account during
the fiscal year, identified by subaccount and installation, for
each military department and Defense Agency.
"(ii) The fiscal year in which appropriations for such
expenditures were made and the fiscal year in which funds were
obligated for such expenditures.
"(iii) Each military construction project for which such
obligations and expenditures were made, identified by
installation and project title.
"(iv) A description and explanation of the extent, if any, to
which expenditures for military construction projects for the
fiscal year differed from proposals for projects and funding
levels that were included in the justification transmitted to
Congress under section 2907(1), or otherwise, for the funding
proposals for the Account for such fiscal year, including an
explanation of -
"(I) any failure to carry out military construction projects
that were so proposed; and
"(II) any expenditures for military construction projects
that were not so proposed.
"(v) An estimate of the net revenues to be received from
property disposals to be completed during the first fiscal year
commencing after the submission of the report at military
installations the date of approval of closure or realignment of
which is after January 1, 2005.
"(2) No later than 60 days after the termination of the authority
of the Secretary to carry out a closure or realignment under this
part with respect to military installations the date of approval of
closure or realignment of which is after January 1, 2005, and no
later than 60 days after the closure of the Account under
subsection (a)(3), the Secretary shall transmit to the
congressional defense committees a report containing an accounting
of -
"(A) all the funds deposited into and expended from the Account
or otherwise expended under this part with respect to such
installations; and
"(B) any amount remaining in the Account.
"(d) Disposal or Transfer of Commissary Stores and Property
Purchased With Nonappropriated Funds. - (1) If any real property or
facility acquired, constructed, or improved (in whole or in part)
with commissary store funds or nonappropriated funds is transferred
or disposed of in connection with the closure or realignment of a
military installation under this part the date of approval of
closure or realignment of which is after January 1, 2005, a portion
of the proceeds of the transfer or other disposal of property on
that installation shall be deposited in the reserve account
established under section 204(b)(7)(C) of the Defense Authorization
Amendments and Base Closure and Realignment Act [Pub. L. 100-526]
(10 U.S.C. 2687 note).
"(2) The amount so deposited shall be equal to the depreciated
value of the investment made with such funds in the acquisition,
construction, or improvement of that particular real property or
facility. The depreciated value of the investment shall be computed
in accordance with regulations prescribed by the Secretary.
"(3) The Secretary may use amounts in the reserve account,
without further appropriation, for the purpose of acquiring,
constructing, and improving -
"(A) commissary stores; and
"(B) real property and facilities for nonappropriated fund
instrumentalities.
"(4) In this subsection, the terms 'commissary store funds',
'nonappropriated funds', and 'nonappropriated fund instrumentality'
shall have the meaning given those terms in section 2906(d)(4).
"(e) Account Exclusive Source of Funds for Environmental
Restoration Projects. - Except as provided in section 2906(e) with
respect to funds in the Department of Defense Base Closure Account
1990 under section 2906 and except for funds deposited into the
Account under subsection (a), funds appropriated to the Department
of Defense may not be used for purposes described in section
2905(a)(1)(C). The prohibition in this subsection shall expire upon
the closure of the Account under subsection (a)(3).
"SEC. 2907. REPORTS
"As part of the budget request for fiscal year 2007 and for each
fiscal year thereafter for the Department of Defense, the Secretary
shall transmit to the congressional defense committees of Congress -

"(1) a schedule of the closure and realignment actions to be
carried out under this part in the fiscal year for which the
request is made and an estimate of the total expenditures
required and cost savings to be achieved by each such closure and
realignment and of the time period in which these savings are to
be achieved in each case, together with the Secretary's
assessment of the environmental effects of such actions;
"(2) a description of the military installations, including
those under construction and those planned for construction, to
which functions are to be transferred as a result of such
closures and realignments, together with the Secretary's
assessment of the environmental effects of such transfers;
"(3) a description of the closure or realignment actions
already carried out at each military installation since the date
of the installation's approval for closure or realignment under
this part and the current status of the closure or realignment of
the installation, including whether -
"(A) a redevelopment authority has been recognized by the
Secretary for the installation;
"(B) the screening of property at the installation for other
Federal use has been completed; and
"(C) a redevelopment plan has been agreed to by the
redevelopment authority for the installation;
"(4) a description of redevelopment plans for military
installations approved for closure or realignment under this
part, the quantity of property remaining to be disposed of at
each installation as part of its closure or realignment, and the
quantity of property already disposed of at each installation;
"(5) a list of the Federal agencies that have requested
property during the screening process for each military
installation approved for closure or realignment under this part,
including the date of transfer or anticipated transfer of the
property to such agencies, the acreage involved in such
transfers, and an explanation for any delays in such transfers;
"(6) a list of known environmental remediation issues at each
military installation approved for closure or realignment under
this part, including the acreage affected by these issues, an
estimate of the cost to complete such environmental remediation,
and the plans (and timelines) to address such environmental
remediation; and
"(7) an estimate of the date for the completion of all closure
or realignment actions at each military installation approved for
closure or realignment under this part.
"SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
"(a) Terms of the Resolution. - For purposes of section 2904(b),
the term 'joint resolution' means only a joint resolution which is
introduced within the 10-day period beginning on the date on which
the President transmits the report to the Congress under section
2903(e), and -
"(1) which does not have a preamble;
"(2) the matter after the resolving clause of which is as
follows: 'That Congress disapproves the recommendations of the
Defense Base Closure and Realignment Commission as submitted by
the President on - - - ', the blank space being filled in with
the appropriate date; and
"(3) the title of which is as follows: 'Joint resolution
disapproving the recommendations of the Defense Base Closure and
Realignment Commission.'.
"(b) Referral. - A resolution described in subsection (a) that is
introduced in the House of Representatives shall be referred to the
Committee on Armed Services of the House of Representatives. A
resolution described in subsection (a) introduced in the Senate
shall be referred to the Committee on Armed Services of the Senate.
"(c) Discharge. - If the committee to which a resolution
described in subsection (a) is referred has not reported such
resolution (or an identical resolution) by the end of the 20-day
period beginning on the date on which the President transmits the
report to the Congress under section 2903(e), such committee shall
be, at the end of such period, discharged from further
consideration of such resolution, and such resolution shall be
placed on the appropriate calendar of the House involved.
"(d) Consideration. - (1) On or after the third day after the
date on which the committee to which such a resolution is referred
has reported, or has been discharged (under subsection (c)) from
further consideration of, such a resolution, it is in order (even
though a previous motion to the same effect has been disagreed to)
for any Member of the respective House to move to proceed to the
consideration of the resolution. A Member may make the motion only
on the day after the calendar day on which the Member announces to
the House concerned the Member's intention to make the motion,
except that, in the case of the House of Representatives, the
motion may be made without such prior announcement if the motion is
made by direction of the committee to which the resolution was
referred. All points of order against the resolution (and against
consideration of the resolution) are waived. The motion is highly
privileged in the House of Representatives and is privileged in the
Senate and is not debatable. The motion is not subject to
amendment, or to a motion to postpone, or to a motion to proceed to
the consideration of other business. A motion to reconsider the
vote by which the motion is agreed to or disagreed to shall not be
in order. If a motion to proceed to the consideration of the
resolution is agreed to, the respective House shall immediately
proceed to consideration of the joint resolution without
intervening motion, order, or other business, and the resolution
shall remain the unfinished business of the respective House until
disposed of.
"(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than
2 hours, which shall be divided equally between those favoring and
those opposing the resolution. An amendment to the resolution is
not in order. A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote by
which the resolution is agreed to or disagreed to is not in order.
"(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at
the conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of the
resolution shall occur.
"(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to a
resolution described in subsection (a) shall be decided without
debate.
"(e) Consideration by Other House. - (1) If, before the passage
by one House of a resolution of that House described in subsection
(a), that House receives from the other House a resolution
described in subsection (a), then the following procedures shall
apply:
"(A) The resolution of the other House shall not be referred to
a committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
"(B) With respect to a resolution described in subsection (a)
of the House receiving the resolution -
"(i) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
"(ii) the vote on final passage shall be on the resolution of
the other House.
"(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution
that originated in the receiving House.
"(f) Rules of the Senate and House. - This section is enacted by
Congress -
"(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed
a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a resolution described in subsection (a), and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
"(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
"SEC. 2909. RESTRICTION ON OTHER BASE CLOSURE AUTHORITY
"(a) In General. - Except as provided in subsection (c), during
the period beginning on November 5, 1990, and ending on April 15,
2006, this part shall be the exclusive authority for selecting for
closure or realignment, or for carrying out any closure or
realignment of, a military installation inside the United States.
"(b) Restriction. - Except as provided in subsection (c), none of
the funds available to the Department of Defense may be used, other
than under this part, during the period specified in subsection (a)
-
"(1) to identify, through any transmittal to the Congress or
through any other public announcement or notification, any
military installation inside the United States as an installation
to be closed or realigned or as an installation under
consideration for closure or realignment; or
"(2) to carry out any closure or realignment of a military
installation inside the United States.
"(c) Exception. - Nothing in this part affects the authority of
the Secretary to carry out -
"(1) closures and realignments under title II of Public Law 100-
526 [set out below]; and
"(2) closures and realignments to which section 2687 of title
10, United States Code, is not applicable, including closures and
realignments carried out for reasons of national security or a
military emergency referred to in subsection (c) of such section.
"SEC. 2910. DEFINITIONS
"As used in this part:
"(1) The term 'Account' means the Department of Defense Base
Closure Account 1990 established by section 2906(a)(1).
"(2) The term 'congressional defense committees' means the
Committee on Armed Services and the Committee on Appropriations
of the Senate and the Committee on Armed Services and the
Committee on Appropriations of the House of Representatives.
"(3) The term 'Commission' means the Commission established by
section 2902.
"(4) The term 'military installation' means a base, camp, post,
station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the Department of Defense,
including any leased facility. Such term does not include any
facility used primarily for civil works, rivers and harbors
projects, flood control, or other projects not under the primary
jurisdiction or control of the Department of Defense.
"(5) The term 'realignment' includes any action which both
reduces and relocates functions and civilian personnel positions
but does not include a reduction in force resulting from workload
adjustments, reduced personnel or funding levels, or skill
imbalances.
"(6) The term 'Secretary' means the Secretary of Defense.
"(7) The term 'United States' means the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and any other commonwealth, territory,
or possession of the United States.
"(8) The term 'date of approval', with respect to a closure or
realignment of an installation, means the date on which the
authority of Congress to disapprove a recommendation of closure
or realignment, as the case may be, of such installation under
this part expires.
"(9) The term 'redevelopment authority', in the case of an
installation to be closed or realigned under this part, means any
entity (including an entity established by a State or local
government) recognized by the Secretary of Defense as the entity
responsible for developing the redevelopment plan with respect to
the installation or for directing the implementation of such
plan.
"(10) The term 'redevelopment plan' in the case of an
installation to be closed or realigned under this part, means a
plan that -
"(A) is agreed to by the local redevelopment authority with
respect to the installation; and
"(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse and redevelopment as a result of the
closure or realignment of the installation.
"(11) The term 'representative of the homeless' has the meaning
given such term in section 501(i)(4) of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11411(i)(4)).
"SEC. 2911. CLARIFYING AMENDMENT
"[Amended this section.]
"SEC. 2912. 2005 ROUND OF REALIGNMENTS AND CLOSURES OF MILITARY
INSTALLATIONS.
"(a) Force-Structure Plan and Infrastructure Inventory. -
"(1) Preparation and submission. - As part of the budget
justification documents submitted to Congress in support of the
budget for the Department of Defense for fiscal year 2005, the
Secretary shall include the following:
"(A) A force-structure plan for the Armed Forces based on an
assessment by the Secretary of the probable threats to the
national security during the 20-year period beginning with
fiscal year 2005, the probable end-strength levels and major
military force units (including land force divisions, carrier
and other major combatant vessels, air wings, and other
comparable units) needed to meet these threats, and the
anticipated levels of funding that will be available for
national defense purposes during such period.
"(B) A comprehensive inventory of military installations
world-wide for each military department, with specifications of
the number and type of facilities in the active and reserve
forces of each military department.
"(2) Relationship of plan and inventory. - Using the force-
structure plan and infrastructure inventory prepared under
paragraph (1), the Secretary shall prepare (and include as part
of the submission of such plan and inventory) the following:
"(A) A description of the infrastructure necessary to support
the force structure described in the force-structure plan.
"(B) A discussion of categories of excess infrastructure and
infrastructure capacity.
"(C) An economic analysis of the effect of the closure or
realignment of military installations to reduce excess
infrastructure.
"(3) Special considerations. - In determining the level of
necessary versus excess infrastructure under paragraph (2), the
Secretary shall consider the following:
"(A) The anticipated continuing need for and availability of
military installations outside the United States, taking into
account current restrictions on the use of military
installations outside the United States and the potential for
future prohibitions or restrictions on the use of such military
installations.
"(B) Any efficiencies that may be gained from joint tenancy
by more than one branch of the Armed Forces at a military
installation.
"(4) Revision. - The Secretary may revise the force-structure
plan and infrastructure inventory. If the Secretary makes such a
revision, the Secretary shall submit the revised plan or
inventory to Congress not later than March 15, 2005. For purposes
of selecting military installations for closure or realignment
under this part in 2005, no revision of the force-structure plan
or infrastructure inventory is authorized after that date.
"(b) Certification of Need for Further Closures and Realignments.
-
"(1) Certification required. - On the basis of the force-
structure plan and infrastructure inventory prepared under
subsection (a) and the descriptions and economic analysis
prepared under such subsection, the Secretary shall include as
part of the submission of the plan and inventory -
"(A) a certification regarding whether the need exists for
the closure or realignment of additional military
installations; and
"(B) if such need exists, a certification that the additional
round of closures and realignments would result in annual net
savings for each of the military departments beginning not
later than fiscal year 2011.
"(2) Effect of failure to certify. - If the Secretary does not
include the certifications referred to in paragraph (1), the
process by which military installations may be selected for
closure or realignment under this part in 2005 shall be
terminated.
"(c) Comptroller General Evaluation. -
"(1) Evaluation required. - If the certification is provided
under subsection (b), the Comptroller General shall prepare an
evaluation of the following:
"(A) The force-structure plan and infrastructure inventory
prepared under subsection (a) and the final selection criteria
specified in section 2913, including an evaluation of the
accuracy and analytical sufficiency of such plan, inventory,
and criteria.
"(B) The need for the closure or realignment of additional
military installations.
"(2) Submission. - The Comptroller General shall submit the
evaluation to Congress not later than 60 days after the date on
which the force-structure plan and infrastructure inventory are
submitted to Congress.
"(d) Authorization of Additional Round; Commission. -
"(1) Appointment of commission. - Subject to the certifications
required under subsection (b), the President may commence an
additional round for the selection of military installations for
closure and realignment under this part in 2005 by transmitting
to the Senate, not later than March 15, 2005, nominations
pursuant to section 2902(c) for the appointment of new members to
the Defense Base Closure and Realignment Commission.
"(2) Effect of failure to nominate. - If the President does not
transmit to the Senate the nominations for the Commission by
March 15, 2005, the process by which military installations may
be selected for closure or realignment under this part in 2005
shall be terminated.
"(3) Members. - Notwithstanding section 2902(c)(1), the
Commission appointed under the authority of this subsection shall
consist of nine members.
"(4) Terms; meetings; termination. - Notwithstanding
subsections (d), (e)(1), and (l) of section 2902, the Commission
appointed under the authority of this subsection shall meet
during calendar year 2005 and shall terminate on April 15, 2006.
"(5) Funding. - If no funds are appropriated to the Commission
by the end of the second session of the 108th Congress for the
activities of the Commission in 2005, the Secretary may transfer
to the Commission for purposes of its activities under this part
in that year such funds as the Commission may require to carry
out such activities. The Secretary may transfer funds under the
preceding sentence from any funds available to the Secretary.
Funds so transferred shall remain available to the Commission for
such purposes until expended.
"SEC. 2913. FINAL SELECTION CRITERIA FOR ADDITIONAL ROUND OF BASE
CLOSURES AND REALIGNMENTS.
"(a) Final Selection Criteria. - The final criteria to be used by
the Secretary in making recommendations for the closure or
realignment of military installations inside the United States
under this part in 2005 shall be the military value and other
criteria specified in subsections (b) and (c).
"(b) Military Value Criteria. - The military value criteria are
as follows:
"(1) The current and future mission capabilities and the impact
on operational readiness of the total force of the Department of
Defense, including the impact on joint warfighting, training, and
readiness.
"(2) The availability and condition of land, facilities, and
associated airspace (including training areas suitable for
maneuver by ground, naval, or air forces throughout a diversity
of climate and terrain areas and staging areas for the use of the
Armed Forces in homeland defense missions) at both existing and
potential receiving locations.
"(3) The ability to accommodate contingency, mobilization,
surge, and future total force requirements at both existing and
potential receiving locations to support operations and training.
"(4) The cost of operations and the manpower implications.
"(c) Other Criteria. - The other criteria that the Secretary
shall use in making recommendations for the closure or realignment
of military installations inside the United States under this part
in 2005 are as follows:
"(1) The extent and timing of potential costs and savings,
including the number of years, beginning with the date of
completion of the closure or realignment, for the savings to
exceed the costs.
"(2) The economic impact on existing communities in the
vicinity of military installations.
"(3) The ability of the infrastructure of both the existing and
potential receiving communities to support forces, missions, and
personnel.
"(4) The environmental impact, including the impact of costs
related to potential environmental restoration, waste management,
and environmental compliance activities.
"(d) Priority Given to Military Value. - The Secretary shall give
priority consideration to the military value criteria specified in
subsection (b) in the making of recommendations for the closure or
realignment of military installations.
"(e) Effect on Department and Other Agency Costs. - The selection
criteria relating to the cost savings or return on investment from
the proposed closure or realignment of military installations shall
take into account the effect of the proposed closure or realignment
on the costs of any other activity of the Department of Defense or
any other Federal agency that may be required to assume
responsibility for activities at the military installations.
"(f) Relation to Other Materials. - The final selection criteria
specified in this section shall be the only criteria to be used,
along with the force-structure plan and infrastructure inventory
referred to in section 2912, in making recommendations for the
closure or realignment of military installations inside the United
States under this part in 2005.
"(g) Relation to Criteria for Earlier Rounds. - Section 2903(b),
and the selection criteria prepared under such section, shall not
apply with respect to the process of making recommendations for the
closure or realignment of military installations in 2005.
"SEC. 2914. SPECIAL PROCEDURES FOR MAKING RECOMMENDATIONS FOR
REALIGNMENTS AND CLOSURES FOR 2005 ROUND; COMMISSION
CONSIDERATION OF RECOMMENDATIONS.
"(a) Recommendations Regarding Closure or Realignment of Military
Installations. - If the Secretary makes the certifications required
under section 2912(b), the Secretary shall publish in the Federal
Register and transmit to the congressional defense committees and
the Commission, not later than May 16, 2005, a list of the military
installations inside the United States that the Secretary
recommends for closure or realignment on the basis of the force-
structure plan and infrastructure inventory prepared by the
Secretary under section 2912 and the final selection criteria
specified in section 2913.
"(b) Preparation of Recommendations. -
"(1) In general. - The Secretary shall comply with paragraphs
(2) through (6) of section 2903(c) in preparing and transmitting
the recommendations under this section. However, paragraph (6) of
section 2903(c) relating to submission of information to Congress
shall be deemed to require such submission within 48 hours.
"(2) Consideration of local government views. - (A) In making
recommendations to the Commission in 2005, the Secretary shall
consider any notice received from a local government in the
vicinity of a military installation that the government would
approve of the closure or realignment of the installation.
"(B) Notwithstanding the requirement in subparagraph (A), the
Secretary shall make the recommendations referred to in that
subparagraph based on the force-structure plan, infrastructure
inventory, and final selection criteria otherwise applicable to
such recommendations.
"(C) The recommendations shall include a statement of the
result of the consideration of any notice described in
subparagraph (A) that is received with respect to a military
installation covered by such recommendations. The statement shall
set forth the reasons for the result.
"[(c) Repealed. Pub. L. 108-375, div. B, title XXVIII, Sec. 2833,
Oct. 28, 2004, 118 Stat. 2134.]
"(d) Commission Review and Recommendations. -
"(1) In general. - Except as provided in this subsection,
section 2903(d) shall apply to the consideration by the
Commission of the recommendations transmitted by the Secretary in
2005. The Commission's report containing its findings and
conclusions, based on a review and analysis of the Secretary's
recommendations, shall be transmitted to the President not later
than September 8, 2005.
"(2) Availability of recommendations to congress. - After
September 8, 2005, the Commission shall promptly provide, upon
request, to any Member of Congress information used by the
Commission in making its recommendations.
"(3) Limitations on authority to consider additions to closure
or realignment lists. - The Commission may not consider making a
change in the recommendations of the Secretary that would add a
military installation to the Secretary's list of installations
recommended for closure or realignment unless, in addition to the
requirements of section 2903(d)(2)(C) -
"(A) the Commission provides the Secretary with at least a 15-
day period, before making the change, in which to submit an
explanation of the reasons why the installation was not
included on the closure or realignment list by the Secretary;
and
"(B) the decision to add the installation for Commission
consideration is supported by at least seven members of the
Commission.
"(4) Testimony by secretary. - The Commission shall invite the
Secretary to testify at a public hearing, or a closed hearing if
classified information is involved, on any proposed change by the
Commission to the Secretary's recommendations.
"(5) Requirements to expand closure or realignment
recommendations. - In the report required under section
2903(d)(2)(A) that is to be transmitted under paragraph (1), the
Commission may not make a change in the recommendations of the
Secretary that would close a military installation not
recommended for closure by the Secretary, would realign a
military installation not recommended for closure or realignment
by the Secretary, or would expand the extent of the realignment
of a military installation recommended for realignment by the
Secretary unless -
"(A) at least two members of the Commission visit the
military installation before the date of the transmittal of the
report; and
"(B) the decision of the Commission to make the change to
recommend the closure of the military installation, the
realignment of the installation, or the expanded realignment of
the installation is supported by at least seven members of the
Commission.
"(6) Comptroller general report. - The Comptroller General
report required by section 2903(d)(5)(B) analyzing the
recommendations of the Secretary and the selection process in
2005 shall be transmitted to the congressional defense committees
not later than July 1, 2005.
"(e) Review by the President. -
"(1) In general. - Except as provided in this subsection,
section 2903(e) shall apply to the review by the President of the
recommendations of the Commission under this section, and the
actions, if any, of the Commission in response to such review, in
2005. The President shall review the recommendations of the
Secretary and the recommendations contained in the report of the
Commission under subsection (d) and prepare a report, not later
than September 23, 2005, containing the President's approval or
disapproval of the Commission's recommendations.
"(2) Commission reconsideration. - If the Commission prepares a
revised list of recommendations under section 2903(e)(3) in 2005
in response to the review of the President in that year under
paragraph (1), the Commission shall transmit the revised list to
the President not later than October 20, 2005.
"(3) Effect of failure to transmit. - If the President does not
transmit to Congress an approval and certification described in
paragraph (2) or (4) of section 2903(e) by November 7, 2005, the
process by which military installations may be selected for
closure or realignment under this part in 2005 shall be
terminated.
"(4) Effect of transmittal. - A report of the President under
this subsection containing the President's approval of the
Commission's recommendations is deemed to be a report under
section 2903(e) for purposes of sections 2904 and 2908."
[Pub. L. 107-314, div. A, title X, Sec. 1062(f), Dec. 2, 2002,
116 Stat. 2651, provided that the amendment made by section
1062(f)(4) is effective as of Dec. 28, 2001, and as if included in
Pub. L. 107-107 as enacted.]
[For effective date of amendment by section 2813(d)(2) of Pub. L.
103-337 to section 2910 of Pub. L. 101-510, set out above, see
Effective Date of 1994 Amendments by Section 2813(d)(1) and (2) of
Pub. L. 103-337 note set out above.]
[Section 2902(c) of Pub. L. 103-160 provided that: "For the
purposes of section 2905(b)(3) of the Defense Base Closure and
Realignment Act of 1990 [Pub. L. 101-510, set out above], as added
by subsection (b), the date of approval of closure of any
installation approved for closure before the date of the enactment
of this Act [Nov. 30, 1993] shall be deemed to be the date of the
enactment of this Act."]
[Section 2904(c) of Pub. L. 103-160 provided that: "The Secretary
of Defense shall make the determinations required under section
2905(b)(5) of the Defense Base Closure and Realignment Act of 1990
[Pub. L. 101-510, set out above], as added by subsection (b), in
the case of installations approved for closure under such Act [part
A of title XXIX of div. B of Pub. L. 101-510, set out above] before
the date of the enactment of this Act [Nov. 30, 1993], not later
than 6 months after the date of the enactment of this Act."]
[Section 2930(b) of Pub. L. 103-160 provided that: "The amendment
made by this section [amending section 2903(d)(1) of Pub. L. 101-
510 set out above] shall apply with respect to all public hearings
conducted by the Defense Base Closure and Realignment Commission
after the date of the enactment of this Act [Nov. 30, 1993]."]
[For effective date of amendments by section 344(b)(1) of Pub. L.
102-190 to section 2906 of Pub. L. 101-510, set out above, see
Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190
note set out above.]
[Section 2821(h)(2) of Pub. L. 102-190 provided that: "The
amendment made by paragraph (1) [amending section 2910 of Pub. L.
101-510 set out above] shall take effect as of November 5, 1990,
and shall apply as if it had been included in section 2910(4) of
the Defense Base Closure and Realignment Act of 1990 [section 2910
of Pub. L. 101-510] on that date."]
[Section 2827(a)(3) of Pub. L. 102-190 provided that: "The
amendments made by this subsection [amending sections 2905 and 2906
of Pub. L. 101-510 set out above] shall take effect on the date of
the enactment of this Act [Dec. 5, 1991]."]
[References in laws to the rates of pay for GS-16, 17, or 18, or
to maximum rates of pay under the General Schedule, to be
considered references to rates payable under specified sections of
Title 5, Government Organization and Employees, see section 529
[title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a note
under section 5376 of Title 5.]
CLOSURE OF FOREIGN MILITARY INSTALLATIONS
Pub. L. 108-287, title VIII, Sec. 8018, Aug. 5, 2004, 118 Stat.
974, provided that: "Notwithstanding any other provision of law,
during the current fiscal year and hereafter, the Secretary of
Defense may, by executive agreement, establish with host nation
governments in NATO member states a separate account into which
such residual value amounts negotiated in the return of United
States military installations in NATO member states may be
deposited, in the currency of the host nation, in lieu of direct
monetary transfers to the United States Treasury: Provided, That
such credits may be utilized only for the construction of
facilities to support United States military forces in that host
nation, or such real property maintenance and base operating costs
that are currently executed through monetary transfers to such host
nations: Provided further, That the Department of Defense's budget
submission for subsequent fiscal years shall identify such sums
anticipated in residual value settlements, and identify such
construction, real property maintenance or base operating costs
that shall be funded by the host nation through such credits:
Provided further, That all military construction projects to be
executed from such accounts must be previously approved in a prior
Act of Congress: Provided further, That each such executive
agreement with a NATO member host nation shall be reported to the
congressional defense committees [Committees on Armed Services of
the Senate and House of Representatives and Subcommittees on
Defense of the Committees on Appropriations of the Senate and House
of Representatives], the Committee on International Relations of
the House of Representatives and the Committee on Foreign Relations
of the Senate 30 days prior to the conclusion and endorsement of
any such agreement established under this provision."
Similar provisions for specified fiscal years were contained in
the following appropriation acts:
Pub. L. 108-87, title VIII, Sec. 8018, Sept. 30, 2003, 117 Stat.
1075.
Pub. L. 107-248, title VIII, Sec. 8018, Oct. 23, 2002, 116 Stat.
1540.
Pub. L. 107-117, div. A, title VIII, Sec. 8019, Jan. 10, 2002,
115 Stat. 2251.
Pub. L. 106-259, title VIII, Sec. 8019, Aug. 9, 2000, 114 Stat.
678.
Pub. L. 106-79, title VIII, Sec. 8019, Oct. 25, 1999, 113 Stat.
1235.
Pub. L. 105-262, title VIII, Sec. 8019, Oct. 17, 1998, 112 Stat.
2301.
Pub. L. 105-56, title VIII, Sec. 8019, Oct. 8, 1997, 111 Stat.
1224.
Pub. L. 104-208, div. A, title I, Sec. 101(b) [title VIII, Sec.
8020], Sept. 30, 1996, 110 Stat. 3009-71, 3009-92.
Pub. L. 104-61, title VIII, Sec. 8027, Dec. 1, 1995, 109 Stat.
657.
Pub. L. 103-335, title VIII, Sec. 8033, Sept. 30, 1994, 108 Stat.
2625.
Pub. L. 103-139, title VIII, Sec. 8036, Nov. 11, 1993, 107 Stat.
1448.
Pub. L. 102-396, title IX, Sec. 9047A, Oct. 6, 1992, 106 Stat.
1913, as amended by Pub. L. 104-106, div. A, title XV, Sec.
1502(f)(2), Feb. 10, 1996, 110 Stat. 509.
Section 2921 of Pub. L. 101-510, as amended by Pub. L. 102-190,
div. A, title III, Sec. 344(b)(2), Dec. 5, 1991, 105 Stat. 1345;
Pub. L. 102-484, div. B, title XXVIII, Secs. 2821(c), 2827, Oct.
23, 1992, 106 Stat. 2608, 2609; Pub. L. 103-160, div. B, title
XXIX, Sec. 2924(b), Nov. 30, 1993, 107 Stat. 1931; Pub. L. 103-337,
div. A, title XIII, Sec. 1305(c), div. B, title XXVIII, Sec. 2817,
Oct. 5, 1994, 108 Stat. 2891, 3057; Pub. L. 104-106, div. A, title
X, Sec. 1063(b), title XV, Secs. 1502(c)(4)(D), 1505(e)(2), Feb.
10, 1996, 110 Stat. 444, 508, 515; Pub. L. 105-85, div. A, title X,
Sec. 1073(d)(4)(C), Nov. 18, 1997, 111 Stat. 1905; Pub. L. 106-65,
div. A, title X, Sec. 1067(10), Oct. 5, 1999, 113 Stat. 774; Pub.
L. 108-136, div. A, title X, Sec. 1031(b), Nov. 24, 2003, 117 Stat.
1603, provided that:
"(a) Sense of Congress. - It is the sense of the Congress that -
"(1) the termination of military operations by the United
States at military installations outside the United States should
be accomplished at the discretion of the Secretary of Defense at
the earliest opportunity;
"(2) in providing for such termination, the Secretary of
Defense should take steps to ensure that the United States
receives, through direct payment or otherwise, consideration
equal to the fair market value of the improvements made by the
United States at facilities that will be released to host
countries;
"(3) the Secretary of Defense, acting through the military
component commands or the sub-unified commands to the combatant
commands, should be the lead official in negotiations relating to
determining and receiving such consideration; and
"(4) the determination of the fair market value of such
improvements released to host countries in whole or in part by
the United States should be handled on a facility-by-facility
basis.
"(b) Residual Value. - (1) For each installation outside the
United States at which military operations were being carried out
by the United States on October 1, 1990, the Secretary of Defense
shall transmit, by no later than June 1, 1991, an estimate of the
fair market value, as of January 1, 1991, of the improvements made
by the United States at facilities at each such installation.
"(2) For purposes of this section:
"(A) The term 'fair market value of the improvements' means the
value of improvements determined by the Secretary on the basis of
their highest use.
"(B) The term 'improvements' includes new construction of
facilities and all additions, improvements, modifications, or
renovations made to existing facilities or to real property,
without regard to whether they were carried out with appropriated
or nonappropriated funds.
"(c) Establishment of Special Account. - (1) There is established
on the books of the Treasury a special account to be known as the
'Department of Defense Overseas Military Facility Investment
Recovery Account'. Except as provided in subsection (d), amounts
paid to the United States, pursuant to any treaty, status of forces
agreement, or other international agreement to which the United
States is a party, for the residual value of real property or
improvements to real property used by civilian or military
personnel of the Department of Defense shall be deposited into such
account.
"(2) Money deposited in the Department of Defense Overseas
Military Facility Investment Recovery Account shall be available to
the Secretary of Defense for payment, as provided in appropriation
Acts, of costs incurred by the Department of Defense in connection
with -
"(A) facility maintenance and repair and environmental
restoration at military installations in the United States; and
"(B) facility maintenance and repair and compliance with
applicable environmental laws at military installations outside
the United States that the Secretary anticipates will be occupied
by the Armed Forces for a long period.
"(3) Funds in the Department of Defense Overseas Facility
Investment Recovery Account shall remain available until expended.
"(d) Amounts Corresponding to the Value of Property Purchased
With Nonappropriated Funds. - (1) In the case of a payment referred
to in subsection (c)(1) for the residual value of real property or
improvements at an overseas military facility, the portion of the
payment that is equal to the depreciated value of the investment
made with nonappropriated funds shall be deposited in the reserve
account established under section 204(b)(7)(C) of the Defense
Authorization Amendments and Base Closure and Realignment Act [Pub.
L. 100-526, set out below]. The Secretary may use amounts in the
account (in such an aggregate amount as is provided in advance by
appropriation Acts) for the purpose of acquiring, constructing, or
improving commissary stores and nonappropriated fund
instrumentalities.
"(2) As used in this subsection:
"(A) The term 'nonappropriated funds' means funds received from
-
"(i) the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code; or
"(ii) a nonappropriated fund instrumentality.
"(B) The term 'nonappropriated fund instrumentality' means an
instrumentality of the United States under the jurisdiction of
the Armed Forces (including the Army and Air Force Exchange
Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
"(e) Negotiations for Payments-in-Kind. - (1) Before the
Secretary of Defense enters into negotiations with a host country
regarding the acceptance by the United States of any payment-in-
kind in connection with the release to the host country of
improvements made by the United States at military installations in
the host country, the Secretary shall submit to the appropriate
congressional committees a written notice regarding the intended
negotiations.
"(2) The notice shall contain the following:
"(A) A justification for entering into negotiations for
payments-in-kind with the host country.
"(B) The types of benefit options to be pursued by the
Secretary in the negotiations.
"(C) A discussion of the adjustments that are intended to be
made in the future-years defense program or in the budget of the
Department of Defense for the fiscal year in which the notice is
submitted or the following fiscal year in order to reflect costs
that it may no longer be necessary for the United States to incur
as a result of the payments-in-kind to be sought in the
negotiations.
"(3) For purposes of this subsection, the appropriate
congressional committees are -
"(A) the Committee on Armed Services, the Committee on
Appropriations, and the National Security Subcommittee of the
Committee on Appropriations of the House of Representatives; and
"(B) the Committee on Armed Services, the Committee on
Appropriations, and the Subcommittee on Defense of the Committee
on Appropriations of the Senate.
"(f) OMB Review of Proposed Settlements. - (1) The Secretary of
Defense may not enter into an agreement of settlement with a host
country regarding the release to the host country of improvements
made by the United States to facilities at an installation located
in the host country until 30 days after the date on which the
Secretary submits the proposed settlement to the Director of the
Office of Management and Budget. The prohibition set forth in the
preceding sentence shall apply only to agreements of settlement for
improvements having a value in excess of $10,000,000. The Director
shall evaluate the overall equity of the proposed settlement. In
evaluating the proposed settlement, the Director shall consider
such factors as the extent of the United States capital investment
in the improvements being released to the host country, the
depreciation of the improvements, the condition of the
improvements, and any applicable requirements for environmental
remediation or restoration at the installation.
"(2) Each year, the Secretary shall submit to the Committee on
Armed Services of the Senate and the Committee on Armed Services of
the House of Representatives a report on each proposed agreement of
settlement that was not submitted by the Secretary to the Director
of the Office of Management and Budget in the previous year under
paragraph (1) because the value of the improvements to be released
pursuant to the proposed agreement did not exceed $10,000,000.
"(g) Congressional Oversight of Payments-In-Kind. - (1) Before
concluding an agreement for acceptance of military construction or
facility improvements as a payment-in-kind, the Secretary of
Defense shall submit to Congress a notification on the proposed
agreement. Any such notification shall contain the following:
"(A) A description of the military construction project or
facility improvement project, as the case may be.
"(B) A certification that the project is needed by United
States forces.
"(C) An explanation of how the project will aid in the
achievement of the mission of those forces.
"(D) A certification that, if the project were to be carried
out by the Department of Defense, appropriations would be
necessary for the project and it would be necessary to provide
for the project in the next future-years defense program.
"(2) Before concluding an agreement for acceptance of host nation
support or host nation payment of operating costs of United States
forces as a payment-in-kind, the Secretary of Defense shall submit
to Congress a notification on the proposed agreement. Any such
notification shall contain the following:
"(A) A description of each activity to be covered by the
payment-in-kind.
"(B) A certification that the costs to be covered by the
payment-in-kind are included in the budget of one or more of the
military departments or that it will otherwise be necessary to
provide for payment of such costs in a budget of one or more of
the military departments.
"(C) A certification that, unless the payment-in-kind is
accepted or funds are appropriated for payment of such costs, the
military mission of the United States forces with respect to the
host nation concerned will be adversely affected.
"(3) When the Secretary submits a notification of a proposed
agreement under paragraph (1) or (2), the Secretary may then enter
into the agreement described in the notification only after the end
of the 30-day period beginning on the date on which the
notification is submitted or, if earlier, the end of the 14-day
period beginning on the date on which a copy of the notification is
provided in an electronic medium pursuant to section 480 of title
10, United States Code."
[For effective date of amendment by section 344(b)(2) of Pub. L.
102-190 to section 2921 of Pub. L. 101-510, set out above, see
Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190
note set out above.]
TASK FORCE REPORT
Pub. L. 102-380, Sec. 125, Oct. 5, 1992, 106 Stat. 1372, provided
that:
"(a) The environmental response task force established in section
2923(c) of the National Defense Authorization Act for Fiscal Year
1991 (Public Law 101-510; 104 Stat. 1821) [set out below] shall
reconvene and shall, until the date (as determined by the Secretary
of Defense) on which all base closure activities required under
title II of the Defense Authorization Amendments and Base Closure
and Realignment Act (Public Law 100-526; 102 Stat. 2627) [set out
below] are completed -
"(1) monitor the progress of relevant Federal and State
agencies in implementing the recommendations of the task force
contained in the report submitted under paragraph (1) of such
section; and
"(2) annually submit to the Congress a report containing -
"(A) recommendations concerning ways to expedite and improve
environmental response actions at military installations (or
portions of installations) that are being closed or subject to
closure under such title;
"(B) any additional recommendations that the task force
considers appropriate; and
"(C) a summary of the progress made by relevant Federal and
State agencies in implementing the recommendations of the task
force.
"(b) The task force shall consist of -
"(1) the individuals (or their designees) described in section
2923(c)(2) of the National Defense Authorization Act for Fiscal
Year 1991 (Public Law 101-510; 104 Stat. 1821); and
"(2) a representative of the Urban Land Institute (or such
representative's designee), appointed by the Speaker of the House
of Representatives and the Majority Leader of the Senate."
Section 2923(c) of Pub. L. 101-510 provided that:
"(1) Not later than 12 months after the date of the enactment of
this Act [Nov. 5, 1990], the Secretary of Defense shall submit to
Congress a report containing the findings and recommendations of
the task force established under paragraph (2) concerning -
"(A) ways to improve interagency coordination, within existing
laws, regulations, and administrative policies, of environmental
response actions at military installations (or portions of
installations) that are being closed, or are scheduled to be
closed, pursuant to title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526) [set out below]; and
"(B) ways to consolidate and streamline, within existing laws
and regulations, the practices, policies, and administrative
procedures of relevant Federal and State agencies with respect to
such environmental response actions so as to enable those actions
to be carried out more expeditiously.
"(2) There is hereby established an environmental response task
force to make the findings and recommendations, and to prepare the
report, required by paragraph (1). The task force shall consist of
the following (or their designees):
"(A) The Secretary of Defense, who shall be chairman of the
task force.
"(B) The Attorney General.
"(C) The Administrator of the General Services Administration.
"(D) The Administrator of the Environmental Protection Agency.
"(E) The Chief of Engineers, Department of the Army.
"(F) A representative of a State environmental protection
agency, appointed by the head of the National Governors
Association.
"(G) A representative of a State attorney general's office,
appointed by the head of the National Association of Attorney
Generals.
"(H) A representative of a public-interest environmental
organization, appointed by the Speaker of the House of
Representatives."
COMMUNITY PREFERENCE CONSIDERATION IN CLOSURE AND REALIGNMENT OF
MILITARY INSTALLATIONS
Section 2924 of Pub. L. 101-510 provided that: "In any process of
selecting any military installation inside the United States for
closure or realignment, the Secretary of Defense shall take such
steps as are necessary to assure that special consideration and
emphasis is given to any official statement from a unit of general
local government adjacent to or within a military installation
requesting the closure or realignment of such installation."
CONTRACTS FOR CERTAIN ENVIRONMENTAL RESTORATION ACTIVITIES
Section 2926 of Pub. L. 101-510, as amended by Pub. L. 103-160,
div. A, title IX, Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub.
L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 1999, 113
Stat. 717; Pub. L. 107-314, div. A, title X, Sec. 1062(m)(4), Dec.
2, 2002, 116 Stat. 2652, provided for a model program for base
closure environmental restoration, prior to repeal by Pub. L. 108-
136, div. A, title III, Sec. 316, Nov. 24, 2003, 117 Stat. 1432.
CONSIDERATION OF DEPARTMENT OF DEFENSE HOUSING FOR COAST GUARD
Pub. L. 101-225, title II, Sec. 216, Dec. 12, 1989, 103 Stat.
1915, provided that: "Notwithstanding any other provision of law,
the Coast Guard is deemed to be an instrumentality within the
Department of Defense for the purposes of section 204(b) of the
Defense Authorization Amendments and Base Closure and Realignment
Act [Pub. L. 100-526] (10 U.S.C. 2687 [note])."
FIVE-YEAR PLAN FOR ENVIRONMENTAL RESTORATION AT BASES TO BE CLOSED
Pub. L. 101-189, div. A, title III, Sec. 353, Nov. 29, 1989, 103
Stat. 1423, directed Secretary of Defense to develop a
comprehensive five-year plan for environmental restoration at
military installations that would be closed or realigned during
fiscal years 1991 through 1995, pursuant to title II of the Defense
Authorization Amendments and Base Closure and Realignment Act, Pub.
L. 100-526, set out below, and, at same time President submits to
Congress budget for fiscal year 1991 pursuant to 31 U.S.C. 1105, to
submit to Congress a report on the five-year plan.
PROHIBITION ON REDUCING END STRENGTH LEVELS FOR MEDICAL PERSONNEL
AS A RESULT OF BASE CLOSURES AND REALIGNMENTS
Pub. L. 101-189, div. A, title VII, Sec. 723, Nov. 29, 1989, 103
Stat. 1478, provided that:
"(a) Prohibition. - The end strength levels for medical personnel
for each component of the Armed Forces, and the number of civilian
personnel of the Department of Defense assigned to military medical
facilities, may not be reduced as a result of the closure or
realignment of a military installation under section 2687 of title
10, United States Code, or title II of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100-
526; 10 U.S.C. 2687 note).
"(b) Medical Personnel Defined. - For purposes of subsection (a),
the term 'medical personnel' has the meaning given that term in
subparagraph (D) of section 115(b)(1) of title 10, United States
Code."
USE OF CLOSED BASES FOR PRISONS AND DRUG TREATMENT FACILITIES
Pub. L. 101-189, div. B, title XXVIII, Sec. 2832, Nov. 29, 1989,
103 Stat. 1660, provided that:
"(a) Findings. - The Congress finds that -
"(1) the war on drugs is one of the highest priorities of the
Federal Government;
"(2) to effectively wage the war on drugs, adequate penal and
correctional facilities and a substantial increase in the number
and capacity of drug treatment facilities are needed;
"(3) under the base closure process, authorized by title II of
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100-526; 102 Stat. 2627) [set out
below], 86 military bases are scheduled for closure; and
"(4) facilities rendered excess by the base closure process
should be seriously considered for use as prisons and drug
treatment facilities, as appropriate.
"(b) Sense of Congress. - It is the sense of Congress that the
Secretary of Defense should, pursuant to the provisions of title II
of the Defense Authorization Amendments and Base Closure and
Realignment Act, give priority to making real property (including
the improvements thereon) of the Department of Defense rendered
excess or surplus as a result of the recommendations of the
Commission on Base Realignment and Closure available to another
Federal agency or a State or local government for use as a penal or
correctional facility or as a drug abuse prevention, treatment, or
rehabilitation center."
NOTICE TO LOCAL AND STATE EDUCATIONAL AGENCIES OF ENROLLMENT
CHANGES DUE TO BASE CLOSURES AND REALIGNMENTS
Pub. L. 101-189, div. B, title XXVIII, Sec. 2833, Nov. 29, 1989,
103 Stat. 1661, provided that:
"(a) Identification of Enrollment Changes. - (1) Not later than
January 1 of each year in which any activities necessary to close
or realign a military installation under title II of the Defense
Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526; 102 Stat. 2627) [set out below] are conducted,
the Secretary of Defense shall identify, to the extent practicable,
each local educational agency that will experience at least a 5-
percent increase or at least a 10-percent reduction in the number
of dependent children of members of the Armed Forces and of
civilian employees of the Department of Defense enrolled in schools
under the jurisdiction of such agency during the next academic year
(compared with the number of such children enrolled in such schools
during the preceding year) as a result of the closure or
realignment of a military installation under that Act [Pub. L. 100-
526, see Short Title of 1988 Amendment note above].
"(2) The Secretary shall carry out this subsection in
consultation with the Secretary of Education.
"(b) Notice Required. - Not later than 30 days after the date on
which the Secretary of Defense identifies a local educational
agency under subsection (a), the Secretary shall transmit a written
notice of the schedule for the closure or realignment of the
military installation affecting that local educational agency to
that local educational agency and to the State government education
agency responsible for administering State government education
programs involving that local educational agency."
CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
Pub. L. 100-526, title II, Oct. 24, 1988, 102 Stat. 2627, as
amended by Pub. L. 101-510, div. B, title XXIX, Sec. 2923(b)(1),
Nov. 5, 1990, 104 Stat. 1821; Pub. L. 102-190, div. A, title III,
Sec. 344(a), Dec. 5, 1991, 105 Stat. 1344; Pub. L. 102-484, div. B,
title XXVIII, Sec. 2821(a), Oct. 23, 1992, 106 Stat. 2606; Pub. L.
103-160, div. B, title XXIX, Secs. 2902(a), 2903(a), 2904(a),
2905(a), 2907(a), 2908(a), 2918(b), 2921(a), Nov. 30, 1993, 107
Stat. 1909, 1912, 1915, 1916, 1921, 1922, 1928, 1929; Pub. L. 103-
337, div. A, title X, Sec. 1070(b)(13), div. B, title XXVIII,
Secs. 2812(a), 2813(a)-(c)(1), (d)(1), (e)(1), Oct. 5, 1994, 108
Stat. 2857, 3054, 3055; Pub. L. 103-421, Sec. 2(f)(1), Oct. 25,
1994, 108 Stat. 4354; Pub. L. 104-106, div. A, title XV, Secs.
1504(a)(9), 1505(e)(3), div. B, title XXVIII, Secs. 2831(b)(1),
2839(a), 2840(a), Feb. 10, 1996, 110 Stat. 513, 515, 558, 563, 564;
Pub. L. 104-201, div. B, title XXVIII, Secs. 2811, 2812(a),
2813(a), Sept. 23, 1996, 110 Stat. 2788, 2789; Pub. L. 105-85, div.
A, title X, Sec. 1073(d)(6), div. B, title XXVIII, Sec. 2821(a),
Nov. 18, 1997, 111 Stat. 1906, 1996; Pub. L. 106-65, div. B, title
XXVIII, Sec. 2821(b), Oct. 5, 1999, 113 Stat. 855; Pub. L. 106-398,
Sec. 1 [div. B, title XXVIII, Sec. 2821(b)], Oct. 30, 2000, 114
Stat. 1654, 1654A-419; Pub. L. 107-107, div. A, title X, Sec.
1048(d)(3), div. B, title XXVIII, Sec. 2821(a), Dec. 28, 2001, 115
Stat. 1227, 1311; Pub. L. 107-314, div. A, title X, Sec. 1062(n),
div. B, title XXVIII, Sec. 2814(a), Dec. 2, 2002, 116 Stat. 2652,
2710; Pub. L. 108-136, div. A, title VI, Sec. 655(a), div. B, title
XXVIII, Sec. 2805(d)(1), Nov. 24, 2003, 117 Stat. 1523, 1721,
provided that:
"SEC. 201. CLOSURE AND REALIGNMENT OF MILITARY INSTALLATIONS
"The Secretary shall -
"(1) close all military installations recommended for closure
by the Commission on Base Realignment and Closure in the report
transmitted to the Secretary pursuant to the charter establishing
such Commission;
"(2) realign all military installations recommended for
realignment by such Commission in such report; and
"(3) initiate all such closures and realignments no later than
September 30, 1991, and complete all such closures and
realignments no later than September 30, 1995, except that no
such closure or realignment may be initiated before January 1,
1990.
"SEC. 202. CONDITIONS
"(a) In General. - The Secretary may not carry out any closure or
realignment of a military installation under this title unless -
"(1) no later than January 16, 1989, the Secretary transmits to
the Committees on Armed Services of the Senate and the House of
Representatives a report containing a statement that the
Secretary has approved, and the Department of Defense will
implement, all of the military installation closures and
realignments recommended by the Commission in the report referred
to in section 201(1);
"(2) the Commission has recommended, in the report referred to
in section 201(1), the closure or realignment, as the case may
be, of the installation, and has transmitted to the Committees on
Armed Services of the Senate and the House of Representatives a
copy of such report and the statement required by section
203(b)(2); and
"(3) the Secretary of Defense has transmitted to the Commission
the study required by section 206(b).
"(b) Joint Resolution. - The Secretary may not carry out any
closure or realignment under this title if, within the 45-day
period beginning on March 1, 1989, a joint resolution is enacted,
in accordance with the provisions of section 208, disapproving the
recommendations of the Commission. The days on which either House
of Congress is not in session because of an adjournment of more
than 3 days to a day certain shall be excluded in the computation
of such 45-day period.
"(c) Termination of Authority. - (1) Except as provided in
paragraph (2), the authority of the Secretary to carry out any
closure or realignment under this title shall terminate on October
1, 1995.
"(2) The termination of authority set forth in paragraph (1)
shall not apply to the authority of the Secretary to carry out
environmental restoration and waste management at, or disposal of
property of, military installations closed or realigned under this
title.
"SEC. 203. THE COMMISSION
"(a) Membership. - The Commission shall consist of 12 members
appointed by the Secretary of Defense.
"(b) Duties. - The Commission shall -
"(1) transmit the report referred to in section 201(1) to the
Secretary no later than December 31, 1988, and shall include in
such report a description of the Commission's recommendations of
the military installations to which functions will be transferred
as a result of the closures and realignments recommended by the
Commission; and
"(2) on the same date on which the Commission transmits such
report to the Secretary, transmit to Committees on Armed Services
of the Senate and the House of Representatives -
"(A) a copy of such report; and
"(B) a statement certifying that the Commission has
identified the military installations to be closed or realigned
by reviewing all military installations inside the United
States, including all military installations under construction
and all those planned for construction.
"(c) Staff. - Not more than one-half of the professional staff of
the Commission shall be individuals who have been employed by the
Department of Defense during calendar year 1988 in any capacity
other than as an employee of the Commission.
"SEC. 204. IMPLEMENTATION
"(a) In General. - In closing or realigning a military
installation under this title, the Secretary -
"(1) subject to the availability of funds authorized for and
appropriated to the Department of Defense for use in planning and
design, minor construction, or operation and maintenance and the
availability of funds in the Account, may carry out actions
necessary to implement such closure or realignment, including the
acquisition of such land, the construction of such replacement
facilities, the performance of such activities, and the conduct
of such advance planning and design as may be required to
transfer functions from such military installation to another
military installation;
"(2) subject to the availability of funds authorized for and
appropriated to the Department of Defense for economic adjustment
assistance or community planning assistance and the availability
of funds in the Account, shall provide -
"(A) economic adjustment assistance to any community located
near a military installation being closed or realigned; and
"(B) community planning assistance to any community located
near a military installation to which functions will be
transferred as a result of such closure or realignment,
if the Secretary determines that the financial resources
available to the community (by grant or otherwise) for such
purposes are inadequate; and
"(3) subject to the availability of funds authorized for and
appropriated to the Department of Defense for environmental
restoration and the availability of funds in the Account, may
carry out activities for the purpose of environmental
restoration, including reducing, removing, and recycling
hazardous wastes and removing unsafe buildings and debris.
"(b) Management and Disposal of Property. - (1) The Administrator
of General Services shall delegate to the Secretary, with respect
to excess and surplus real property, facilities, and personal
property located at a military installation closed or realigned
under this title -
"(A) the authority of the Administrator to utilize excess
property under subchapter II of chapter 5 of title 40, United
States Code;
"(B) the authority of the Administrator to dispose of surplus
property under subchapter III of chapter 5 of title 40, United
States Code; and
"(C) the authority to dispose of surplus property for public
airports under sections 47151 through 47153 of title 49, United
States Code.
"(2)(A) Subject to subparagraph (B), the Secretary shall exercise
authority delegated to the Secretary pursuant to paragraph (1) in
accordance with -
"(i) all regulations in effect on the date of the enactment of
this title [Oct. 24, 1988] governing utilization of excess
property and disposal of surplus property under the Federal
Property and Administrative Services Act of 1949 [now chapters 1
to 11 of Title 40, Public Buildings, Property, and Works and
title III of the Act of June 30, 1949 (41 U.S.C. 251 et seq.)];
and
"(ii) all regulations in effect on the date of the enactment of
this title governing the conveyance and disposal of property
under section 13(g) of the Surplus Property Act of 1944 (50
U.S.C. App. 1622(g)).
"(B) The Secretary, after consulting with the Administrator of
General Services, may issue regulations that are necessary to carry
out the delegation of authority required by paragraph (1).
"(C) The authority required to be delegated by paragraph (1) to
the Secretary by the Administrator of General Services shall not
include the authority to prescribe general policies and methods for
utilizing excess property and disposing of surplus property.
"(D) The Secretary of Defense may transfer real property or
facilities located at a military installation to be closed or
realigned under this title, with or without reimbursement, to a
military department or other entity (including a nonappropriated
fund instrumentality) within the Department of Defense or the Coast
Guard.
"(E) Before any action may be taken with respect to the disposal
of any surplus real property or facility located at any military
installation to be closed or realigned under this title, the
Secretary shall consult with the Governor of the State and the
heads of the local governments concerned for the purpose of
considering any plan for the use of such property by the local
community concerned.
"(F) The provisions of this paragraph and paragraph (1) are
subject to paragraphs (3) through (6).
"(3)(A) Not later than 6 months after the date of the enactment
of the National Defense Authorization Act for Fiscal Year 1994
[Nov. 30, 1993], the Secretary, in consultation with the
redevelopment authority with respect to each military installation
to be closed under this title after such date of enactment, shall -

"(i) inventory the personal property located at the
installation; and
"(ii) identify the items (or categories of items) of such
personal property that the Secretary determines to be related to
real property and anticipates will support the implementation of
the redevelopment plan with respect to the installation.
"(B) If no redevelopment authority referred to in subparagraph
(A) exists with respect to an installation, the Secretary shall
consult with -
"(i) the local government in whose jurisdiction the
installation is wholly located; or
"(ii) a local government agency or State government agency
designated for the purpose of such consultation by the chief
executive officer of the State in which the installation is
located.
"(C)(i) Except as provided in subparagraphs (E) and (F), the
Secretary may not carry out any of the activities referred to in
clause (ii) with respect to an installation referred to in that
clause until the earlier of -
"(I) one week after the date on which the redevelopment plan
for the installation is submitted to the Secretary;
"(II) the date on which the redevelopment authority notifies
the Secretary that it will not submit such a plan;
"(III) twenty-four months after the date referred to in
subparagraph (A); or
"(IV) ninety days before the date of the closure of the
installation.
"(ii) The activities referred to in clause (i) are activities
relating to the closure of an installation to be closed under this
title as follows:
"(I) The transfer from the installation of items of personal
property at the installation identified in accordance with
subparagraph (A).
"(II) The reduction in maintenance and repair of facilities or
equipment located at the installation below the minimum levels
required to support the use of such facilities or equipment for
nonmilitary purposes.
"(D) Except as provided in paragraph (4), the Secretary may not
transfer items of personal property located at an installation to
be closed under this title to another installation, or dispose of
such items, if such items are identified in the redevelopment plan
for the installation as items essential to the reuse or
redevelopment of the installation. In connection with the
development of the redevelopment plan for the installation, the
Secretary shall consult with the entity responsible for developing
the redevelopment plan to identify the items of personal property
located at the installation, if any, that the entity desires to be
retained at the installation for reuse or redevelopment of the
installation.
"(E) This paragraph shall not apply to any related personal
property located at an installation to be closed under this title
if the property -
"(i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
"(ii) is uniquely military in character, and is likely to have
no civilian use (other than use for its material content or as a
source of commonly used components);
"(iii) is not required for the reutilization or redevelopment
of the installation (as jointly determined by the Secretary and
the redevelopment authority);
"(iv) is stored at the installation for purposes of
distribution (including spare parts or stock items); or
"(v)(I) meets known requirements of an authorized program of
another Federal department or agency for which expenditures for
similar property would be necessary, and (II) is the subject of a
written request by the head of the department or agency.
"(F) Notwithstanding subparagraphs (C)(i) and (D), the Secretary
may carry out any activity referred to in subparagraph (C)(ii) or
(D) if the Secretary determines that the carrying out of such
activity is in the national security interest of the United States.
"(4)(A) The Secretary may transfer real property and personal
property located at a military installation to be closed or
realigned under this title to the redevelopment authority with
respect to the installation for purposes of job generation on the
installation.
"(B) The transfer of property of a military installation under
subparagraph (A) shall be without consideration if the
redevelopment authority with respect to the installation -
"(i) agrees that the proceeds from any sale or lease of the
property (or any portion thereof) received by the redevelopment
authority during at least the first seven years after the date of
the initial transfer of property under subparagraph (A) shall be
used to support the economic redevelopment of, or related to, the
installation; and
"(ii) executes the agreement for transfer of the property and
accepts control of the property within a reasonable time after
the date of the property disposal record of decision or finding
of no significant impact under the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.).
"(C) For purposes of subparagraph (B), the use of proceeds from a
sale or lease described in such subparagraph to pay for, or offset
the costs of, public investment on or related to the installation
for any of the following purposes shall be considered a use to
support the economic redevelopment of, or related to, the
installation:
"(i) Road construction.
"(ii) Transportation management facilities.
"(iii) Storm and sanitary sewer construction.
"(iv) Police and fire protection facilities and other public
facilities.
"(v) Utility construction.
"(vi) Building rehabilitation.
"(vii) Historic property preservation.
"(viii) Pollution prevention equipment or facilities.
"(ix) Demolition.
"(x) Disposal of hazardous materials generated by demolition.
"(xi) Landscaping, grading, and other site or public
improvements.
"(xii) Planning for or the marketing of the development and
reuse of the installation.
"(D) The Secretary may recoup from a redevelopment authority such
portion of the proceeds from a sale or lease described in
subparagraph (B) as the Secretary determines appropriate if the
redevelopment authority does not use the proceeds to support
economic redevelopment of, or related to, the installation for the
period specified in subparagraph (B).
"(E)(i) The Secretary may transfer real property at an
installation approved for closure or realignment under this title
(including property at an installation approved for realignment
which will be retained by the Department of Defense or another
Federal agency after realignment) to the redevelopment authority
for the installation if the redevelopment authority agrees to
lease, directly upon transfer, one or more portions of the property
transferred under this subparagraph to the Secretary or to the head
of another department or agency of the Federal Government.
Subparagraph (B) shall apply to a transfer under this subparagraph.
"(ii) A lease under clause (i) shall be for a term of not to
exceed 50 years, but may provide for options for renewal or
extension of the term by the department or agency concerned.
"(iii) A lease under clause (i) may not require rental payments
by the United States.
"(iv) A lease under clause (i) shall include a provision
specifying that if the department or agency concerned ceases
requiring the use of the leased property before the expiration of
the term of the lease, the remainder of the lease term may be
satisfied by the same or another department or agency of the
Federal Government using the property for a use similar to the use
under the lease. Exercise of the authority provided by this clause
shall be made in consultation with the redevelopment authority
concerned.
"(v) Notwithstanding clause (iii), if a lease under clause (i)
involves a substantial portion of the installation, the department
or agency concerned may obtain facility services for the leased
property and common area maintenance from the redevelopment
authority or the redevelopment authority's assignee as a provision
of the lease. The facility services and common area maintenance
shall be provided at a rate no higher than the rate charged to non-
Federal tenants of the transferred property. Facility services and
common area maintenance covered by the lease shall not include -
"(I) municipal services that a State or local government is
required by law to provide to all landowners in its jurisdiction
without direct charge; or
"(II) firefighting or security-guard functions.
"(F) The transfer of personal property under subparagraph (A)
shall not be subject to the provisions of subchapters II and III of
chapter 5 of title 40, United States Code, if the Secretary
determines that the transfer of such property is necessary for the
effective implementation of a redevelopment plan with respect to
the installation at which such property is located.
"(G) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)) shall apply to any transfer of real property under
this paragraph.
"(H)(i) In the case of an agreement for the transfer of property
of a military installation under this paragraph that was entered
into before April 21, 1999, the Secretary may modify the agreement,
and in so doing compromise, waive, adjust, release, or reduce any
right, title, claim, lien, or demand of the United States, if -
"(I) the Secretary determines that as a result of changed
economic circumstances, a modification of the agreement is
necessary;
"(II) the terms of the modification do not require the return
of any payments that have been made to the Secretary;
"(III) the terms of the modification do not compromise, waive,
adjust, release, or reduce any right, title, claim, lien, or
demand of the United States with respect to in-kind
consideration; and
"(IV) the cash consideration to which the United States is
entitled under the modified agreement, when combined with the
cash consideration to be received by the United States for the
disposal of other real property assets on the installation, are
as sufficient as they were under the original agreement to fund
the reserve account established under paragraph (7)(C), with the
depreciated value of the investment made with commissary store
funds or nonappropriated funds in property disposed of pursuant
to the agreement being modified, in accordance with section
2906(d) of the Defense Base Closure and Realignment Act of 1990
[Pub. L. 101-510, 10 U.S.C. 2687 note].
"(ii) When exercising the authority granted by clause (i), the
Secretary may waive some or all future payments if, and to the
extent that, the Secretary determines such waiver is necessary.
"(iii) With the exception of the requirement that the transfer be
without consideration, the requirements of subparagraphs (B), (C),
and (D) shall be applicable to any agreement modified pursuant to
clause (i).
"(I) In the case of an agreement for the transfer of property of
a military installation under this paragraph that was entered into
during the period beginning on April 21, 1999, and ending on the
date of enactment of the National Defense Authorization Act for
Fiscal Year 2000 [Oct. 5, 1999], at the request of the
redevelopment authority concerned, the Secretary shall modify the
agreement to conform to all the requirements of subparagraphs (B),
(C), and (D). Such a modification may include the compromise,
waiver, adjustment, release, or reduction of any right, title,
claim, lien, or demand of the United States under the agreement.
"(J) The Secretary may require any additional terms and
conditions in connection with a transfer under this paragraph as
such Secretary considers appropriate to protect the interests of
the United States.
"(5)(A) Except as provided in subparagraphs (B) and (C), the
Secretary shall take such actions as the Secretary determines
necessary to ensure that final determinations under paragraph (1)
regarding whether another department or agency of the Federal
Government has identified a use for any portion of a military
installation to be closed under this title after the date of the
enactment of the National Defense Authorization Act for Fiscal Year
1994 [Nov. 30, 1993], or will accept transfer of any portion of
such installation, are made not later than 6 months after such date
of enactment.
"(B) The Secretary may, in consultation with the redevelopment
authority with respect to an installation, postpone making the
final determinations referred to in subparagraph (A) with respect
to the installation for such period as the Secretary determines
appropriate if the Secretary determines that such postponement is
in the best interests of the communities affected by the closure of
the installation.
"(C)(i) Before acquiring non-Federal real property as the
location for a new or replacement Federal facility of any type, the
head of the Federal agency acquiring the property shall consult
with the Secretary regarding the feasibility and cost advantages of
using Federal property or facilities at a military installation
closed or realigned or to be closed or realigned under this title
as the location for the new or replacement facility. In considering
the availability and suitability of a specific military
installation, the Secretary and the head of the Federal agency
involved shall obtain the concurrence of the redevelopment
authority with respect to the installation and comply with the
redevelopment plan for the installation.
"(ii) Not later than 30 days after acquiring non-Federal real
property as the location for a new or replacement Federal facility,
the head of the Federal agency acquiring the property shall submit
to Congress a report containing the results of the consultation
under clause (i) and the reasons why military installations
referred to in such clause that are located within the area to be
served by the new or replacement Federal facility or within a 200-
mile radius of the new or replacement facility, whichever area is
greater, were considered to be unsuitable or unavailable for the
site of the new or replacement facility.
"(iii) This subparagraph shall apply during the period beginning
on the date of the enactment of the National Defense Authorization
Act for Fiscal Year 1998 [Nov. 18, 1997] and ending on July 31,
2001.
"(6)(A) Except as provided in this paragraph, nothing in this
section shall limit or otherwise affect the application of the
provisions of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 et seq.) to military installations closed under this title.
"(B)(i) Not later than the date on which the Secretary of Defense
completes the determination under paragraph (5) of the
transferability of any portion of an installation to be closed
under this title, the Secretary shall -
"(I) complete any determinations or surveys necessary to
determine whether any building or property referred to in clause
(ii) is excess property, surplus property, or unutilized or
underutilized property for the purpose of the information
referred to in section 501(a) of such Act (42 U.S.C. 11411(a));
and
"(II) submit to the Secretary of Housing and Urban Development
information on any building or property that is so determined.
"(ii) The buildings and property referred to in clause (i) are
any buildings or property located at an installation referred to in
that clause for which no use is identified, or of which no Federal
department or agency will accept transfer, pursuant to the
determination of transferability referred to in that clause.
"(C) Not later than 60 days after the date on which the Secretary
of Defense submits information to the Secretary of Housing and
Urban Development under subparagraph (B)(ii), the Secretary of
Housing and Urban Development shall -
"(i) identify the buildings and property described in such
information that are suitable for use to assist the homeless;
"(ii) notify the Secretary of Defense of the buildings and
property that are so identified;
"(iii) publish in the Federal Register a list of the buildings
and property that are so identified, including with respect to
each building or property the information referred to in section
501(c)(1)(B) of such Act [42 U.S.C. 11411(c)(1)(B)]; and
"(iv) make available with respect to each building and property
the information referred to in section 501(c)(1)(C) of such Act
in accordance with such section 501(c)(1)(C).
"(D) Any buildings and property included in a list published
under subparagraph (C)(iii) shall be treated as property available
for application for use to assist the homeless under section 501(d)
of such Act.
"(E) The Secretary of Defense shall make available in accordance
with section 501(f) of such Act any buildings or property referred
to in subparagraph (D) for which -
"(i) a written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act;
"(ii) an application for use of such buildings or property for
such purpose is submitted to the Secretary of Health and Human
Services in accordance with section 501(e)(2) of such Act; and
"(iii) the Secretary of Health and Human Services -
"(I) completes all actions on the application in accordance
with section 501(e)(3) of such Act; and
"(II) approves the application under section 501(e) of such
Act.
"(F)(i) Subject to clause (ii), a redevelopment authority may
express in writing an interest in using buildings and property
referred to in subparagraph (D), and buildings and property
referred to in subparagraph (B)(ii) which have not been identified
as suitable for use to assist the homeless under subparagraph (C),
or use such buildings and property, in accordance with the
redevelopment plan with respect to the installation at which such
buildings and property are located as follows:
"(I) If no written notice of an intent to use such buildings or
property to assist the homeless is received by the Secretary of
Health and Human Services in accordance with section 501(d)(2) of
such Act during the 60-day period beginning on the date of the
publication of the buildings and property under subparagraph
(C)(iii).
"(II) In the case of buildings and property for which such
notice is so received, if no completed application for use of the
buildings or property for such purpose is received by the
Secretary of Health and Human Services in accordance with section
501(e)(2) of such Act during the 90-day period beginning on the
date of the receipt of such notice.
"(III) In the case of building and property for which such
application is so received, if the Secretary of Health and Human
Services rejects the application under section 501(e) of such
Act.
"(ii) Buildings and property shall be available only for the
purpose of permitting a redevelopment authority to express in
writing an interest in the use of such buildings and property, or
to use such buildings and property, under clause (i) as follows:
"(I) In the case of buildings and property referred to in
clause (i)(I), during the one-year period beginning on the first
day after the 60-day period referred to in that clause.
"(II) In the case of buildings and property referred to in
clause (i)(II), during the one-year period beginning on the first
day after the 90-day period referred to in that clause.
"(III) In the case of buildings and property referred to in
clause (i)(III), during the one-year period beginning on the date
of the rejection of the application referred to in that clause.
"(iii) A redevelopment authority shall express an interest in the
use of buildings and property under this subparagraph by notifying
the Secretary of Defense, in writing, of such an interest.
"(G)(i) Buildings and property available for a redevelopment
authority under subparagraph (F) shall not be available for use to
assist the homeless under section 501 of such Act [42 U.S.C. 11411]
while so available for a redevelopment authority.
"(ii) If a redevelopment authority does not express an interest
in the use of buildings or property, or commence the use of
buildings or property, under subparagraph (F) within the applicable
time periods specified in clause (ii) of such subparagraph, such
buildings or property shall be treated as property available for
use to assist the homeless under section 501(a) of such Act.
"(7)(A) Except as provided in subparagraph (B) or (C), all
proceeds -
"(i) from any transfer under paragraphs (3) through (6); and
"(ii) from the transfer or disposal of any other property or
facility made as a result of a closure or realignment under this
title,
shall be deposited into the Account established by section
207(a)(1).
"(B) In any case in which the General Services Administration is
involved in the management or disposal of such property or
facility, the Secretary shall reimburse the Administrator of
General Services from the proceeds of such disposal, in accordance
with section 1535 of title 31, United States Code, for any expenses
incurred in such activities.
"(C)(i) If any real property or facility acquired, constructed,
or improved (in whole or in part) with commissary store funds or
nonappropriated funds is transferred or disposed of in connection
with the closure or realignment of a military installation under
this title, a portion of the proceeds of the transfer or other
disposal of property on that installation shall be deposited in a
reserve account established in the Treasury to be administered by
the Secretary. Subject to the limitation in clause (iii), amounts
in the reserve account are hereby made available to the Secretary,
without appropriation and until expended, for the purpose of
acquiring, constructing, and improving -
"(I) commissary stores; and
"(II) real property and facilities for nonappropriated fund
instrumentalities.
"(ii) The amount deposited under clause (i) shall be equal to the
depreciated value of the investment made with such funds in the
acquisition, construction, or improvement of that particular real
property or facility. The depreciated value of the investment shall
be computed in accordance with regulations prescribed by the
Secretary of Defense.
"(iii) The aggregate amount obligated from the reserve account
established under clause (i) may not exceed the following:
"(I) In fiscal year 2004, $31,000,000.
"(II) In fiscal year 2005, $24,000,000.
"(III) In fiscal year 2006, $15,000,000.
"(iv) As used in this subparagraph:
"(I) The term 'commissary store funds' means funds received
from the adjustment of, or surcharge on, selling prices at
commissary stores fixed under section 2685 of title 10, United
States Code.
"(II) The term 'nonappropriated funds' means funds received
from a nonappropriated fund instrumentality.
"(III) The term 'nonappropriated fund instrumentality' means an
instrumentality of the United States under the jurisdiction of
the Armed Forces (including the Army and Air Force Exchange
Service, the Navy Resale and Services Support Office, and the
Marine Corps exchanges) which is conducted for the comfort,
pleasure, contentment, or physical or mental improvement of
members of the Armed Forces.
"(8)(A) Subject to subparagraph (C), the Secretary may enter into
agreements (including contracts, cooperative agreements, or other
arrangements for reimbursement) with local governments for the
provision of police or security services, fire protection services,
airfield operation services, or other community services by such
governments at military installations to be closed under this
title, or at facilities not yet transferred or otherwise disposed
of in the case of installations closed under this title, if the
Secretary determines that the provision of such services under such
agreements is in the best interests of the Department of Defense.
"(B) The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title
10, United States Code.
"(C) The Secretary may not exercise the authority under
subparagraph (A) with respect to an installation earlier than 180
days before the date on which the installation is to be closed.
"(D) The Secretary shall include in a contract for services
entered into with a local government under this paragraph a clause
that requires the use of professionals to furnish the services to
the extent that professionals are available in the area under the
jurisdiction of such government.
"(c) Applicability of Other Law. - (1) The provisions of the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.)
shall not apply to -
"(A) the actions of the Commission, including selecting the
military installations which the Commission recommends for
closure or realignment under this title, recommending any
military installation to receive functions from an installation
to be closed or realigned, and making its report to the Secretary
and the committees under section 203(b); and
"(B) the actions of the Secretary in establishing the
Commission, in determining whether to accept the recommendations
of the Commission, in selecting any military installation to
receive functions from an installation to be closed or realigned,
and in transmitting the report to the Committees referred to in
section 202(a)(1).
"(2) The provisions of the National Environmental Policy Act of
1969 shall apply to the actions of the Secretary (A) during the
process of the closing or realigning of a military installation
after such military installation has been selected for closure or
realignment but before the installation is closed or realigned and
the functions relocated, and (B) during the process of the
relocating of functions from a military installation being closed
or realigned to another military installation after the receiving
installation has been selected but before the functions are
relocated. In applying the provisions of such Act, the Secretary
shall not have to consider -
"(i) the need for closing or realigning a military installation
which has been selected for closure or realignment by the
Commission;
"(ii) the need for transferring functions to another military
installation which has been selected as the receiving
installation; or
"(iii) alternative military installations to those selected.
"(3) A civil action for judicial review, with respect to any
requirement of the National Environmental Policy Act of 1969 to the
extent such Act is applicable under paragraph (2), or with respect
to any requirement of the Commission made by this title, of any
action or failure to act by the Secretary during the closing,
realigning, or relocating referred to in clauses (A) and (B) of
paragraph (2), or of any action or failure to act by the Commission
under this title, may not be brought later than the 60th day after
the date of such action or failure to act.
"(d) Transfer Authority in Connection With Payment of
Environmental Remediation Costs. - (1)(A) Subject to paragraph (2)
of this subsection and section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
U.S.C. 9620(h)), the Secretary may enter into an agreement to
transfer by deed real property or facilities referred to in
subparagraph (B) with any person who agrees to perform all
environmental restoration, waste management, and environmental
compliance activities that are required for the property or
facilities under Federal and State laws, administrative decisions,
agreements (including schedules and milestones), and concurrences.
"(B) The real property and facilities referred to in subparagraph
(A) are the real property and facilities located at an installation
closed or to be closed under this title that are available
exclusively for the use, or expression of an interest in a use, of
a redevelopment authority under subsection (b)(6)(F) during the
period provided for that use, or expression of interest in use,
under that subsection.
"(C) The Secretary may require any additional terms and
conditions in connection with an agreement authorized by
subparagraph (A) as the Secretary considers appropriate to protect
the interests of the United States.
"(2) A transfer of real property or facilities may be made under
paragraph (1) only if the Secretary certifies to Congress that -
"(A) the costs of all environmental restoration, waste
management, and environmental compliance activities to be paid by
the recipient of the property or facilities are equal to or
greater than the fair market value of the property or facilities
to be transferred, as determined by the Secretary; or
"(B) if such costs are lower than the fair market value of the
property or facilities, the recipient of the property or
facilities agrees to pay the difference between the fair market
value and such costs.
"(3) As part of an agreement under paragraph (1), the Secretary
shall disclose to the person to whom the property or facilities
will be transferred any information of the Secretary regarding the
environmental restoration, waste management, and environmental
compliance activities described in paragraph (1) that relate to the
property or facilities. The Secretary shall provide such
information before entering into the agreement.
"(4) Nothing in this subsection shall be construed to modify,
alter, or amend the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or
the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.).
"(5) Section 330 of the National Defense Authorization Act for
Fiscal Year 1993 (Public Law 102-484; 10 U.S.C. 2687 note) shall
not apply to any transfer under this subsection to persons or
entities described in subsection (a)(2) of such section 330.
"(6) The Secretary may not enter into an agreement to transfer
property or facilities under this subsection after the expiration
of the five-year period beginning on the date of the enactment of
the National Defense Authorization Act for Fiscal Year 1994 [Nov.
30, 1993].
"[(e) Repealed. Pub. L. 108-136, div. B, title XXVIII, Sec.
2805(d)(1), Nov. 24, 2003, 117 Stat. 1721.]
"(f) Acquisition of Manufactured Housing. - (1) In closing or
realigning any military installation under this title, the
Secretary may purchase any or all right, title, and interest of a
member of the Armed Forces and any spouse of the member in
manufactured housing located at a manufactured housing park
established at an installation closed or realigned under this
title, or make a payment to the member to relocate the manufactured
housing to a suitable new site, if the Secretary determines that -
"(A) it is in the best interests of the Federal Government to
eliminate or relocate the manufactured housing park; and
"(B) the elimination or relocation of the manufactured housing
park would result in an unreasonable financial hardship to the
owners of the manufactured housing.
"(2) Any payment made under this subsection shall not exceed 90
percent of the purchase price of the manufactured housing, as paid
by the member or any spouse of the member, plus the cost of any
permanent improvements subsequently made to the manufactured
housing by the member or spouse of the member.
"(3) The Secretary shall dispose of manufactured housing acquired
under this subsection through resale, donation, trade or otherwise
within one year of acquisition.
"SEC. 205. WAIVER
"The Secretary may carry out this title without regard to -
"(1) any provision of law restricting the use of funds for
closing or realigning military installations included in any
appropriation or authorization Act; and
"(2) the procedures set forth in sections 2662 and 2687 of
title 10, United States Code.
"SEC. 206. REPORTS
"(a) In General. - As part of each annual budget request for the
Department of Defense, the Secretary shall transmit to the
appropriate committees of Congress -
"(1) a schedule of the closure and realignment actions to be
carried out under this title in the fiscal year for which the
request is made and an estimate of the total expenditures
required and cost savings to be achieved by each such closure and
realignment and of the time period in which these savings are to
be achieved in each case, together with the Secretary's
assessment of the environmental effects of such actions; and
"(2) a description of the military installations, including
those under construction and those planned for construction, to
which functions are to be transferred as a result of such
closures and realignments, together with the Secretary's
assessment of the environmental effects of such transfers.
"(b) Study. - (1) The Secretary shall conduct a study of the
military installations of the United States outside the United
States to determine if efficiencies can be realized through closure
or realignment of the overseas base structure of the United States.
Not later than October 15, 1988, the Secretary shall transmit a
report of the findings and conclusions of such study to the
Commission and to the Committees on Armed Services of the Senate
and the House of Representatives. In developing its recommendations
to the Secretary under this title, the Commission shall consider
the Secretary's study.
"(2) Upon request of the Commission, the Secretary shall provide
the Commission with such information about overseas bases as may be
helpful to the Commission in its deliberations.
"(3) The Commission, based on its analysis of military
installations in the United States and its review of the
Secretary's study of the overseas base structure, may provide the
Secretary with such comments and suggestions as it considers
appropriate regarding the Secretary's study of the overseas base
structure.
"SEC. 207. FUNDING
"(a) Account. - (1) There is hereby established on the books of
the Treasury an account to be known as the 'Department of Defense
Base Closure Account' which shall be administered by the Secretary
as a single account.
"(2) There shall be deposited into the Account -
"(A) funds authorized for and appropriated to the Account with
respect to fiscal year 1990 and fiscal years beginning
thereafter;
"(B) any funds that the Secretary may, subject to approval in
an appropriation Act, transfer to the Account from funds
appropriated to the Department of Defense for any purpose, except
that such funds may be transferred only after the date on which
the Secretary transmits written notice of, and justification for,
such transfer to the appropriate committees of Congress; and
"(C) proceeds described in section 204(b)(4)(A).
"(3)(A) The Secretary may use the funds in the Account only for
the purposes described in section 204(a).
"(B) When a decision is made to use funds in the Account to carry
out a construction project under section 204(a)(1) and the cost of
the project will exceed the maximum amount authorized by law for a
minor construction project, the Secretary shall notify in writing
the appropriate committees of Congress of the nature of, and
justification for, the project and the amount of expenditures for
such project. Any such construction project may be carried out
without regard to section 2802(a) of title 10, United States Code.
"(4) No later than 60 days after the end of each fiscal year in
which the Secretary carries out activities under this title, the
Secretary shall transmit a report to the appropriate committees of
Congress of the amount and nature of the deposits into, and the
expenditures from, the Account during such fiscal year and of the
amount and nature of other expenditures made pursuant to section
204(a) during such fiscal year.
"(5)(A) Except as provided in subparagraph (B), unobligated funds
which remain in the Account after the termination of the authority
of the Secretary to carry out a closure or realignment under this
title shall be held in the Account until transferred by law after
the appropriate committees of Congress receive the report
transmitted under paragraph (6).
"(B) The Secretary may, after the termination of authority
referred to in subparagraph (A), use any unobligated funds referred
to in that subparagraph that are not transferred in accordance with
that subparagraph to carry out environmental restoration and waste
management at, or disposal of property of, military installations
closed or realigned under this title.
"(6) No later than 60 days after the termination of the authority
of the Secretary to carry out a closure or realignment under this
title, the Secretary shall transmit to the appropriate committees
of Congress a report containing an accounting of -
"(A) all the funds deposited into and expended from the Account
or otherwise expended under this title; and
"(B) any amount remaining in the Account.
"(7) Proceeds received after September 30, 1995, from the lease,
transfer, or disposal of any property at a military installation
closed or realigned under this title shall be deposited directly
into the Department of Defense Base Closure Account 1990
established by section 2906(a) of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101-
510; 10 U.S.C. 2687 note).
"(b) Base Closure Account To Be Exclusive Source of Funds for
Environmental Restoration Projects. - No funds appropriated to the
Department of Defense may be used for purposes described in section
204(a)(3) except funds that have been authorized for and
appropriated to the Account. The prohibition in the preceding
sentence expires upon the termination of the authority of the
Secretary to carry out a closure or realignment under this title.
"SEC. 208. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
"(a) Terms of the Resolution. - For purposes of section 202(b),
the term 'joint resolution' means only a joint resolution which is
introduced before March 15, 1989, and -
"(1) which does not have a preamble;
"(2) the matter after the resolving clause of which is as
follows: 'That Congress disapproves the recommendations of the
Commission on Base Realignment and Closure established by the
Secretary of Defense as submitted to the Secretary of Defense on
', the blank space being appropriately filled in; and
"(3) the title of which is as follows: 'Joint resolution
disapproving the recommendations of the Commission on Base
Realignment and Closure.'.
"(b) Referral. - A resolution described in subsection (a),
introduced in the House of Representatives shall be referred to the
Committee on Armed Services of the House of Representatives. A
resolution described in subsection (a) introduced in the Senate
shall be referred to the Committee on Armed Services of the Senate.
"(c) Discharge. - If the committee to which a resolution
described in subsection (a) is referred has not reported such
resolution (or an identical resolution) before March 15, 1989, such
committee shall be, as of March 15, 1989, discharged from further
consideration of such resolution, and such resolution shall be
placed on the appropriate calendar of the House involved.
"(d) Consideration. - (1) On or after the third day after the
date on which the committee to which such a resolution is referred
has reported, or has been discharged (under subsection (c)) from
further consideration of, such a resolution, it is in order (even
though a previous motion to the same effect has been disagreed to)
for any Member of the respective House to move to proceed to the
consideration of the resolution (but only on the day after the
calendar day on which such Member announces to the House concerned
the Member's intention to do so). All points of order against the
resolution (and against consideration of the resolution) are
waived. The motion is highly privileged in the House of
Representatives and is privileged in the Senate and is not
debatable. The motion is not subject to amendment, or to a motion
to postpone, or to a motion to proceed to the consideration of
other business. A motion to reconsider the vote by which the motion
is agreed to or disagreed to shall not be in order. If a motion to
proceed to the consideration of the resolution is agreed to, the
respective House shall immediately proceed to consideration of the
joint resolution without intervening motion, order, or other
business, and the resolution shall remain the unfinished business
of the respective House until disposed of.
"(2) Debate on the resolution, and on all debatable motions and
appeals in connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between those favoring and
those opposing the resolution. An amendment to the resolution is
not in order. A motion further to limit debate is in order and not
debatable. A motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
resolution is not in order. A motion to reconsider the vote by
which the resolution is agreed to or disagreed to is not in order.
"(3) Immediately following the conclusion of the debate on a
resolution described in subsection (a) and a single quorum call at
the conclusion of the debate if requested in accordance with the
rules of the appropriate House, the vote on final passage of the
resolution shall occur.
"(4) Appeals from the decisions of the Chair relating to the
application of the rules of the Senate or the House of
Representatives, as the case may be, to the procedure relating to a
resolution described in subsection (a) shall be decided without
debate.
"(e) Consideration by Other House. - (1) If, before the passage
by one House of a resolution of that House described in subsection
(a), that House receives from the other House a resolution
described in subsection (a), then the following procedures shall
apply:
"(A) The resolution of the other House shall not be referred to
a committee and may not be considered in the House receiving it
except in the case of final passage as provided in subparagraph
(B)(ii).
"(B) With respect to a resolution described in subsection (a)
of the House receiving the resolution -
"(i) the procedure in that House shall be the same as if no
resolution had been received from the other House; but
"(ii) the vote on final passage shall be on the resolution of
the other House.
"(2) Upon disposition of the resolution received from the other
House, it shall no longer be in order to consider the resolution
that originated in the receiving House.
"(f) Rules of the Senate and House. - This section is enacted by
Congress -
"(1) as an exercise of the rulemaking power of the Senate and
House of Representatives, respectively, and as such it is deemed
a part of the rules of each House, respectively, but applicable
only with respect to the procedure to be followed in that House
in the case of a resolution described in subsection (a), and it
supersedes other rules only to the extent that it is inconsistent
with such rules; and
"(2) with full recognition of the constitutional right of
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and to
the same extent as in the case of any other rule of that House.
"SEC. 209. DEFINITIONS
"In this title:
"(1) The term 'Account' means the Department of Defense Base
Closure Account established by section 207(a)(1).
"(2) The term 'appropriate committees of Congress' means the
Committees on Armed Services and the Committees on Appropriations
of the Senate and the House of Representatives.
"(3) The terms 'Commission on Base Realignment and Closure' and
'Commission' mean the Commission established by the Secretary of
Defense in the charter signed by the Secretary on May 3, 1988,
and as altered thereafter with respect to the membership and
voting.
"(4) The term 'charter establishing such Commission' means the
charter referred to in paragraph (3).
"(5) The term 'initiate' includes any action reducing functions
or civilian personnel positions but does not include studies,
planning, or similar activities carried out before there is a
reduction of such functions or positions.
"(6) The term 'military installation' means a base, camp, post,
station, yard, center, homeport facility for any ship, or other
activity under the jurisdiction of the Secretary of a military
department.
"(7) The term 'realignment' includes any action which both
reduces and relocates functions and civilian personnel positions.
"(8) The term 'Secretary' means the Secretary of Defense.
"(9) The term 'United States' means the 50 States, the District
of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin
Islands, American Samoa, and any other commonwealth, territory,
or possession of the United States.
"(10) The term 'redevelopment authority', in the case of an
installation to be closed under this title, means any entity
(including an entity established by a State or local government)
recognized by the Secretary of Defense as the entity responsible
for developing the redevelopment plan with respect to the
installation or for directing the implementation of such plan.
"(11) The term 'redevelopment plan' in the case of an
installation to be closed under this title, means a plan that -
"(A) is agreed to by the redevelopment authority with respect
to the installation; and
"(B) provides for the reuse or redevelopment of the real
property and personal property of the installation that is
available for such reuse or redevelopment as a result of the
closure of the installation."
[For effective date of amendment by section 2813(d)(1) of Pub. L.
103-337 to section 209 of Pub. L. 100-526, set out above, see
Effective Date of Amendment by Section 2813(d)(1) and (2) of Pub.
L. 103-337 note set out above.]
[For effective date of amendment by section 344(a) of Pub. L. 102-
190 to sections 204 and 209 of Pub. L. 100-526, set out above, see
Effective Date of 1991 Amendments by Section 344 of Pub. L. 102-190
note set out above.]
[Section 2923(b)(2) of Pub. L. 101-510 provided that: "The
amendment made by paragraph (1) [amending section 207 of Pub. L.
100-526 set out above] does not apply with respect to the
availability of funds appropriated before the date of the enactment
of this Act [Nov. 5, 1990]."]
Base closures and realignments
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