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City of Seal Beach
Agenda Report
October 22, 2001
Honorable Mayor and City Council
John B. Bahorski
City Manager
Future of the Naval Weapons Station Seal Beach
�A 0,1
I�
SUMMARY OF REOUEST:
At the request of Council Member Yost, an agenda report has been prepared to address
the future of the Naval Weapons Station Seal Beach. Staff is requesting City Council:
Provide staff with direction on this policy issue.
If appropriate, approve Resolution Number _ supporting the continued use of the
Naval Weapons Station Seal Beach and opposing the inclusion of the Naval Weapons
Station Seal Beach in any base closing process.
Authorize the Mayor to send a letter to all appropriate legislators and federal agencies
outlining the City's position regarding Naval Weapons Station Seal Beach.
Direct the City Manager to work with the City's legislative advocate to pursue the
Council's policy direction.
BACKGROUND:
The Naval Weapons Station Seal Beach has been an historical fixture in Seal Beach since
1944, and is an on -going community asset. The Naval Weapons Station Seal Beach is
also the home of the National Wildlife Refuge that was established in 1972 and serves as
an important ecological preserve for endangered wildlife. In total the Naval Weapons
Station Seal Beach is approximately 5,000 acres and composes 68.8% of Seal Beach's
total land area. Approximately 911 acres of the Naval Weapons Station serves as the
National Wildlife Refuge. The National Wildlife Refuge permanently preserves 12.5% of
the total acreage of the City as open space.
The Naval Weapons Station Seal Beach has recently undergone a managed competition
study and it was determined that the in -house staff was the most cost effective; as a
result, the Naval Weapons Station will continue to be a source of local employment.
Agenda Item S ;�-
Senate Bill 397 and House Resolution 1820 address amending the Defense Base Closure
and Realignment Act of 1990. If approved, Senate Bill 397 and/or H.R. 1820 will amend
the Defense Base Closure and Realignment Act of 1990 and authorize additional rounds
of base closures and realignments in 2003 and 2005. Attached are copies of Senate Bill
397 and H.R. 1820 as currently proposed. Staff has also included a copy of 10 U.S.C.
2687 for background material. This is the Code that will be modified if 5.397 or H.R.
1820 is adopted. According to staff's research 5.397 is currently in the Senate Armed
Services Committee and H. R. 1820 is in the House Rules Committee.
Staff has met with Mr. Del Smith, the City's Washington representative to discuss the
base closure issue. In his opinion the Naval Weapons Station Seal Beach will probably
not be considered for base closure because there is only one other California alternative,
Concord Weapons Station. However, Mr. Smith believes that efforts to set forth the
City's position would be useful in advance of any base closure process. Having clear
Council direction on the Naval Weapons Station Seal Beach would benefit staff when
dealing with this issue. In addition, Mr. Smith has proposed the City pursue an option that
would support the continued operation of the Naval Weapons StationSeal Beach coupled
with the following request:
• The Navy contributes financially to the on -going sand replenishment project in
Surfside.
• Financially contribute to the replacement of the groin.
• Improve the overall aesthetics of the base, particularly along Pacific Coast Highway.
• Vigorously correct any environmental damage caused by base operations.
Mr. Smith believes that linking the City's support for the base to correcting one or all of
these persistent problems could result in the win/win situation. Staff has prepared a
resolution reflects this option.
FISCAL IMPACT:
No fiscal impact at this time.
RECOMMENDATION:
1. Provide staff with direction on this policy issue.
2. If appropriate approve Resolution Number supporting the continued operations at
Naval Weapons Station Seal Beach.
3. Authorize the Mayor to send a letter to all appropriate legislators and federal agencies
outlining the City's position.
4. Direct the City Manager to work with the City's legislative advocate to pursue the
Council's policy direction.
SUPPORTING DOCUMENTS:
A. Text of 5.397 a bill to amend the Defense Base Closure and Realignment Act of
1990.
B. Status of S.397 as of October 14, 2001.
C. Text of H.R. 1820 a bill to amend the Defense Base Closure and Realignment Act of
1990.
D. Status of H.R. 1820 as of October 14, 2001
E. Text of 10 U.S.C. 2687
F. Resolution _ Supporting the continued use of the Naval Weapons Station Seal
Beach, and opposing the inclusion of the base in any closing process.
October 25, 2001
Senator Barbara Boxer
112 Hart Senate Building
Washington D.C. 20510
Dear Senator Boxer:
The City of Seal Beach is currently tracking federal legislation that would amend the
Defense Base Closure Realignment Act of 1990, and authorize additional rounds of base
closures within the United States. As you are aware, Senate Bill 397 will allow base
closures in 2003 and 2005 subject to congressional and presidential action. As the home
of the Naval Weapons Station Seal Beach, the City is very concerned about any base
closure legislation that would affect the Naval Weapons Station.
On October 22, 2001, the Seal Beach City Council unanimously adopted the enclosed
resolution supporting the continued operations at the Naval Weapons Station and
opposing the inclusion of the base in any base closing process. As part of this resolution
the City is requesting our federal legislators assist the Seal Beach community in
protecting the Naval Weapons Station from closure.
Along with your assistance in keeping the Naval Weapons Station off the base closure
list, the City is seeking your help to secure a commitment from the Navy to correct the
problem areas related to base operations:
• Correct the on -going sand erosion problems caused by the breakwater installed by the
Navy. This breakwater is responsible for beach erosion along a significant portion of
our community's beach. The Navy working with the City could correct this problem
and improve the relationship between the City and the Navy.
• Improve the aesthetics of the Naval Weapons Station by eliminating the visual blight
along Pacific Coast Highway. The Navy needs to enhance the appearance of the
Weapons Station by landscaping and maintaining those areas visible from the
community and by visitors to Seal Beach.
• Clean -up of environmental degraded areas needs to be implemented at a faster pace
than current efforts. The base is also the home of a National Wildlife Refuge, and
therefore requires a greater effort be made at correcting the environmental damage
done by base operations.
October 25, 2001
Senator Barbara Boxer
Page 2
• Seal Beach also requests that the Navy financially contribute to the replacement of
the sand groin installed in 1958 to ameliorate impacts of the breakwater on local
beaches. This sand groin is the only means to prevent significant beach erosion in
Seal Beach.
On behalf of the Seal Beach City Council, I request your assistance and support in
preserving the Seal Beach Naval Weapons Station as a functioning Naval facility and to
help the City with correcting the impacts related to base operations. I would like to
extend an invitation to meet with me and tour the Naval Weapons Station so that you can
see firsthand the importance of this base to the community.
If you have any questions or need farther information on the Naval Weapons Station
please call Mr. John B. Bahorski, City Manager at (562) 431 -2527.
Sincerely,
am Do
Mayor
C:
City Council
Del Smith
Encls:
October 25, 2001
Senator Dianne Feinstein
331 Hart Senate Building
Washington D.C. 20510
Dear Senator Feinstein:
The City of Seal Beach is currently tracking federal legislation that would amend the
Defense Base Closure Realignment Act of 1990, and authorize additional rounds of base
closures within the United States. As you are aware, Senate Bill 397 will allow base
closures in 2003 and 2005 subject to congressional and presidential action. As the home
of the Naval Weapons Station Seal Beach, the City is very concerned about any base
closure legislation that would affect the Naval Weapons Station.
On October 22, 2001, the Seal Beach City Council unanimously adopted the enclosed
resolution supporting the continued operations at the Naval Weapons Station and
opposing the inclusion of the base in any base closing process. As part of this resolution
the City is requesting our federal legislators assist the Seal Beach community in
protecting the Naval Weapons Station from closure.
Along with your assistance in keeping the Naval Weapons Station off the base closure
list, the City is seeking your help to secure a commitment from the Navy to correct the
problem areas related to base operations:
• Correct the on -going sand erosion problems caused by the breakwater installed by the
Navy. This breakwater is responsible for beach erosion along a significant portion of
our community's beach. The Navy working with the City could correct this problem
and improve the relationship between the City and the Navy.
• Improve the aesthetics of the Naval Weapons Station by eliminating the visual blight
along Pacific Coast Highway. The Navy needs to enhance the appearance of the
Weapons Station by landscaping and maintaining those areas visible from the
community and by visitors to Seal Beach.
• Clean -up of environmental degraded areas needs to be implemented at a faster pace
than current efforts. The base is also the home of a National Wildlife Refuge, and
therefore requires a greater effort be made at correcting the environmental damage
done by base operations.
October 25, 2001
Senator Dianne Feinstein
Page 2
• Seal Beach also requests that the Navy financially contribute to the replacement of
the sand groin installed in 1958 to ameliorate impacts of the breakwater on local
beaches. This sand groin.is the only means to prevent significant beach erosion in
Seal Beach.
On behalf of the Seal Beach City Council, I request your assistance and support in
preserving the Seal Beach Naval Weapons Station as a functioning Naval facility and to
help the City with correcting the impacts related to base operations. I would like to
extend an invitation to meet with me and tour the Naval Weapons Station so that you can
see firsthand the importance of this base to the community.
If you have any questions or need further information on the Naval Weapons Station
please call Mr. John B. Bahorsld, City Manager at (562) 431 -2527.
Sincerely,
A ttao )k-
Mayor
C:
City Council
Del Smith
Encls:
October 25, 2001
Congressman Dana Rohrabacher
2338 Rayburn House Office Building
Washington D.C. 20515
Dear Congressman Rohmbacher:
The City of Seal Beach is currently tracking federal legislation that would amend the
Defense Base Closure Realignment Act of 1990, and authorize additional rounds of base
closures within the United States. As you are aware, Senate Bill 397 will allow base
closures in 2003 and 2005 subject to congressional and presidential action. As the home
of the Naval Weapons Station Seal Beach, the City is very concerned about any base
closure legislation that would affect the Naval Weapons Station.
On October 22, 2001, the Seal Beach City Council unanimously adopted the enclosed
resolution supporting the continued operations at the Naval Weapons Station and
opposing the inclusion of the base in any base closing process. As part of this resolution
the City is requesting our federal legislators assist the Seal Beach community in
protecting the Naval Weapons Station from closure.
Along with your assistance in keeping the Naval Weapons Station off the base closure
list, the City is seeking your help to secure a commitment from the Navy to correct the
problem areas related to base operations:
• Correct the on -going sand erosion problems caused by the breakwater installed by the
Navy. This breakwater is responsible for beach erosion along a significant portion of
our community's beach. The Navy working with the City could correct this problem
and improve the relationship between the City and the Navy.
• Improve the aesthetics of the Naval Weapons Station by eliminating the visual blight
along Pacific Coast Highway. The Navy needs to enhance the appearance of the
Weapons Station by landscaping and maintaining those areas visible from the
community and by visitors to Seal Beach.
• Clean-up of environmental degraded areas needs to be implemented at a faster pace
than current efforts. The base is also the home of a National Wildlife Refuge, and
therefore requires a greater effort be made at correcting the environmental damage
done by base operations.
October 25, 2001
Congressman Dana Rohrabacher
Page 2
• Seal Beach also requests that the Navy financially contribute to the replacement of
the sand groin installed in 1958 to ameliorate impacts of the breakwater on local
beaches. This sand groin is the only means to prevent significant beach erosion in
Seal Beach.
On behalf of the Seal Beach City Council, I request your assistance and support in
preserving the Seal Beach Naval Weapons Station as a functioning Naval facility and to
help the City with correcting the impacts related to base operations. I would like to
extend an invitation to meet with me and tour the Naval Weapons Station so that you can
see firsthand the importance of this base to the community.
If you have any questions or need further information on the Naval Weapons Station
please call Mr. John B. Bahorski, City Manager at (562) 431 -2527.
Sincerely,
am
Mayor
C:
City Council
Del Smith
Encls:
October 25, 2001
Congressman Ed Royce
2202 Rayburn House Office Building
Washington D.C. 20515
Dear Congressman Royce:
The City of Seal Beach is currently tracking federal legislation that would amend the
Defense Base Closure Realignment Act of 1990, and authorize additional rounds of base
closures within the United States. As you are aware, Senate Bill 397 will allow base
closures in 2003 and 2005 subject to congressional and presidential action. As the home
of the Naval Weapons Station Seal Beach, the City is very concerned about any base
closure legislation that would affect the Naval Weapons Station.
On October 22, 2001, the Seal Beach City Council unanimously adopted the enclosed
resolution supporting the continued operations at the Naval Weapons Station and
opposing the inclusion of the base in any base closing process. As part of this resolution
the City is requesting our federal legislators assist the Seal Beach community in
protecting the Naval Weapons Station from closure.
Along with your assistance in keeping the Naval Weapons Station off the base closure
list, the City is seeking your help to secure a commitment from the Navy to correct the
problem areas related to base operations:
• Correct the on -going sand erosion problems caused by the breakwater installed by the
Navy. This breakwater is responsible for beach erosion along a significant portion of
our community's beach. The Navy working with the City could correct this problem
and improve the relationship between the City and the Navy.
• Improve the aesthetics of the Naval Weapons Station by eliminating the visual blight
along Pacific Coast Highway. The Navy needs to enhance the appearance of the
Weapons Station by landscaping and maintaining those areas visible from the
community and by visitors to Seal Beach.
• Clean-up of environmental degraded areas needs to be implemented at a faster pace
than current efforts. The base is also the home of a National Wildlife Refuge, and
therefore requires a greater effort be made at correcting the environmental damage
done by base operations.
October 25, 2001
Congressman Ed Royce
Page 2
• Seal Beach also requests that the Navy financially contribute to the replacement of
the sand groin installed in 1958 to ameliorate impacts of the breakwater on local
beaches. This sand groin is the only means to prevent significant beach erosion in
Seal Beach.
On behalf of the Seal Beach City Council, I request your assistance and support in
preserving the Seal Beach Naval Weapons Station as a functioning Naval facility and to
help the City with correcting the impacts related to base operations. I would like to
extend an invitation to meet with me and tour the Naval Weapons Station so that you can
see firsthand the importance of this base to the community.
If you have any questions or need further information on the Naval Weapons Station
please call Mr. John B. Bahorski, City Manager at (562) 431 -2527.
Sincerely,
am D
Mayor
Ci
City Council
Del Smith
Encls:
Page I of 5
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To amend the Defense $sse losure and Reahgnment Act o to au ooze addition
rounds of base closures and realignments under that Act in 2003 and 2005, to modify certain
authorities... (Introduced in the Senate)
S 397 IS
107th CONGRESS
Ist Session
S.397
To amend the Defense Base Closure and Realignment Act of 1990 to authorize additional rounds of
base closures and realignments under that Act in 2003 and 2005, to modify certain authorities relating
to closures and realignments under that Act, and for other purposes.
IN THE SENATE OF THE UNITED STATES
February 27,2001
Mr. MCCAIN (for himself, Mr. LEVIN, Mr. HAGEL, Mr. LIEBERMAN, Mr. KYL, Mr. REED, Mr.
VOINOVICH, Mr. FEINGOLD, Mr. JEFFORDS, Mr. DEWINE, and Mr. KOHL) introduced the
following bill; which was read twice and referred to the Committee on Armed Services
A BILL
To amend the Defense Base Closure and Realignment Act of 1990 to authorize additional rounds of
base closures and realignments under that Act in 2003 and 2005, to modify certain authorities relating
to closures and realignments under that Act, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States ofAmerica in
Congress assembled
SECTION 1. AUTHORITY TO CARRY OUT BASE CLOSURE ROUNDS IN 2003
AND 2005.
(a) COMMISSION MATTERS-
(1) APPOINTMENT- Subsection (c)(l) of section 2902 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) is amended-
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Page 2 of 5
(A) in subparagraph (B) --
(i) by striking 'and' at the end of clause (ii);
(ii) by striking the period at the end of clause (iii) and inserting a semicolon;
and
(iii) by adding at the end the following new clauses (iv) and (v):
'(iv) by no later than January 24, 2003, in the case of members of the Commission whose
terms will expire at the end of the first session of the 108th Congress; and
'(v) by no later than March 15, 2005, in the case of members of the Commission whose
terms will expire at the end of the first session of the 109th Congress.'; and
(B) in subparagraph (C), by striking 'or for 1995 in clause (iii) of such
subparagraph' and inserting ', for 1995 in clause (iii) of that subparagraph, for
2003 in clause (iv) of that subparagraph, or for 2005 in clause (v) of that
subparagraph'.
(2) MEETINGS- Subsection (e) of that section is amended by striking 'and 1995' and
inserting '1995, 2003, and 2005'.
(3) STAFF- Subsection (i)(6) of that section is amended in the matter preceding
subparagraph (A) by striking'and 1994' and inserting', 1994, and 2004'.
(4) FUNDING- Subsection (k) of that section is amended by adding at the end the
following new paragraph (4):
'(4) If no funds are appropriated to the Commission by the end of the second session of the
107th Congress for the activities of the Commission in 2003 or 2005, the Secretary may
transfer to the Commission for purposes of its activities under this part in either of those years
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.'.
(5) TERMINATION- Subsection (1) of that section is amended by striking 'December
31, 1995' and inserting 'December 31, 2005'.
(b) PROCEDURES-
(1) FORCE - STRUCTURE PLAN- Subsection (a)(1) of section 2903 of that Act is
amended by striking 'and 1996,' and inserting' 1996, 2004, and 2006,'.
(2) SELECTION CRITERIA- Subsection (b) of such section 2903 is amended --
(A) in paragraph (1), by inserting 'and by no later than December 31, 2001, for
purposes of activities of the Commission under this pan in 2003 and 2005; after
'December 31, 1990;; and
(B) in paragraph (2)(A)--
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Page 3 of 5
(i) in the first sentence, by inserting 'and by no later than February 15, 2002,
for purposes of activities of the Commission under this part in 2003 and
2005,' after'February 15, 1991;; and
(ii) in the second sentence, by inserting', or enacted on or before March 31,
2002, in the case of criteria published and transmitted under the preceding
sentence in 2001' after 'March 15, 1991'.
(3) DEPARTMENT OF DEFENSE RECOMMENDATIONS - Subsection (c)(1) of such
section 2903 is amended by striking 'and March 1, 1995,' and inserting 'March 1, 1995,
March 14, 2003, and May 16, 2005,'.
(4) COMMISSION REVIEW AND RECOMMENDATIONS - Subsection (d) of such
section 2903 is amended-
(A) in paragraph (2)(A), by inserting 'or by no later than July 7 in the case of
recommendations in 2003, or no later than September 8 in the case of
recommendations in 2005; after'pursuam to subsection (c),';
(B) in paragraph (4), by inserting 'or after July 7 in the case of recommendations
in 2003, or after September 8 in the case of recommendations in 2005,' after 'under
this subsection,'; and
(C) in paragraph (5)(B), by inserting 'or by no later than May l in the case of such
recommendations in 2003, or no later than July 1 in the case of such
recommendations in 2005,' after 'such recommendations; .
(5) REVIEW BY PRESIDENT- Subsection (e) of such section 2903 is amended-
(A) in paragraph (1), by inserting 'or by no later than July 22 in the case of
recommendations in 2003, or no later than September 23 in the case of
recommendations in 2005; after 'under subsection (d),';
(B) in the second sentence of paragraph (3), by inserting 'or by no later than
August 18 in the case of 2003, or no later than October 20 in the case of 2005;
after 'the year concerned,'; and
(C) in paragraph (5), by inserting 'or by September 3 in the case of
recommendations in 2003, or November 7 in the case of recommendations in
2005,' after 'under this part,'.
(c) RELATIONSHIP TO OTHER BASE CLOSURE AUTHORITY- Section 2909(a) of that
Act is amended by striking 'December 31, 1995,' and inserting 'December 31, 2005,'.
SEC. 2. MODIFICATION OF BASE CLOSURE AUTHORITIES UNDER 1990
BASE CLOSURE LAW.
(a) COST SAVINGS AND RETURN ON INVESTMENT UNDER SECRETARY OF
DEFENSE SELECTION CRITERIA- Subsection (b) of section 2903 of the Defense Base
Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101 -510; 10 U.S.C.
2867 note) is amended by adding at the end the following:
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Page 4 of 5
'(3) Any selection criteria proposed by the Secretary relating to the cost savings or return on
investment from the proposed closure or realignment of a military installation shall be based on
the total cost and savings to the Federal Government that would result from the proposed
closure or realignment of such military installation.'.
(b) DEPARTMENT OF DEFENSE RECOMMENDATIONS TO COMMISSION- Subsection
(c) of such section 2903 is amended --
(1) by redesignating paragraphs (4), (5), and (6) as paragraphs (5), (6), and (7),
respectively;
(2) by inserting after paragraph (3) the following new paragraph (4):
'(4)(A) In making recommendations to the Commission under this subsection in any year after
2000, 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 and final
criteria otherwise applicable to such recommendations under this section.
'(C) The recommendations made by the Secretary under this subsection in any year after 2000
shall include a statement of the result of the consideration of any notice described in
subparagraph (A) that is received with respect to an installation covered by such
recommendations. The statement shall set forth the reasons for the result.'; and
(3) in paragraph (7), as so redesignated—
(A) in the first sentence, by striking 'paragraph (5)(B)' and inserting'paragmph (6)
(B); and
(B) in the second sentence, by striking'24 hours' and inserting'48 hours'.
(c) PRIVATIZATION IN PLACE- Section 2904(a) of that Act is amended—
(1) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new paragraph (3):
'(3) carry out the privatization in place of a military installation recommended for
closure or realignment by the Commission in each such report after 2000 only if
privatization in place is a method of closure or realignment of the installation specified in
the recommendation of the Commission in such report and is determined to be the most -
cost effective method of implementation of the recommendation;'.
SEC. 3. TECHNICAL AND CLARIFYING AMENDMENTS.
(a) COMMENCEMENT OF PERIOD FOR NOTICE OF INTEREST IN PROPERTY FOR
HOMELESS- Section 2905(b)(7)(D)(ii)(I) of the Defense Base Closure and Realignment Act
of 1990 (part A of title XXIX of Public Law 101 -510; 10 U.S.C. 2867 note) is amended by
striking 'that date' and inserting 'the date of publication of such determination in a newspaper
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Page 5 of 5
of general circulation in the communities in the vicinity of the installation under subparagraph
(B)(i)(IV)'.
(b) OTHER CLARIFYING AMENDMENTS-
(1) That Act is further amended by inserting 'or realignment' after'closure' each place it
appears in the following provisions:
(A) Section 2905(b)(3).
(B) Section 2905(b)(5).
(C) Section 2905(b)(7)(B)(iv).
(D) Section 2905(b)(7)(N).
(E) Section 2910(10)(B).
(2) That Act is further amended by inserting 'or realigned' after' closed' each place it
appears in the following provisions:
(A) Section 2905(b)(3)(C)(ii).
(B) Section 2905(b)(3)(D).
(C) Section 2905(b)(3)(E).
(D) Section 2905(b)(4)(A).
(E) Section 2905(b)(5)(A).
(F) Section 2910(9).
(G) Section 2910(10).
(3) Section 2905(e)(1)(B) of that Act is amended by inserting ', or realigned or to be
realigned; after 'closed or to be closed'.
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Bill Summary & Status
Page 3 of 8
18.5.145 : A bill to amend title 10, United States Code, to increase to parity with other surviving
spouses the basic annuity that is provided under the uniformed services Survivor Benefit Plan for
surviving spouses who are at least 62 years of age, and for other purposes.
Sponsor: Sea Thurmond, Strom- Latest Major Action: 1/24/2001 Referred to Senate committee
Committees: Senate Veterans' Affairs; Senate Armed Services
19. 5.170 : A bill to amend title 10, United States Code, to permit retired members of the Armed
Forces who have a service - connected disability to receive both military retired pay by reason of their
years of military service and disability compensation from the Department of Veterans Affairs for
their disability.
Sponsor: Sen Reid, Harry M: Latest Major Action: 1/24/2001 Referred to Senate committee
Committees: Senate Armed Services
20. 5.278 : A bill to restore health care coverage to retired members of the uniformed services.
Sponsor: Sen Johnson, Tim- Latest Major Action: 2/7/2001 Referred to Senate committee
Committees: Senate Armed Services
21. S.296 : A bill to authorize the conveyance of a segment of the Loring Petroleum Pipeline, Maine,
and related easements.
Sponsor: Sen Collins, Susan M: Latest Major Action: 2/812001 Referred to Senate committee
Committees: Senate Armed Services
22. S.305 : A bill to amend title 10, United States Code, to remove the reduction in the amount of
Survivor Benefit Plan annuities at age 62.
Sponsor: Sen Smith, Bob- Latest Major Action: 2/13/2001 Referred to Senate committee
Committees: Senate Armed Services
23. S.359 : A bill to amend title 10, United States Code, to provide eligibility for members enlisting
in a regular component of the Armed Forces to enroll for advanced training in the Senior Reserve
Officers' Training Program; to increase the maximum age authorized for participation in the Senior
Reserve Officers' Training Corps financial assistance program; and for other purposes.
Sponsor: Sen Shelby, Richard C.- Latest Major Action: 2/15/2001 Referred to Senate committee
Committees: Senate Armed Services
24. 5.374 : A bill to authorize the operation by the National Guard of counterdrug schools, and for
other purposes.
Sponsor: Sen Grassley, Charles E: Latest Major Action: 2/15 /2001 Referred to Senate committee
Committees: Senate Armed Services
25. S.385 : A bill to amend title 10, United States Code, to remove a limitation on the expansion of
the Junior Reserve Officers' Training Corps, and for other purposes.
Sponsor: Sen Thurmond, Strom- Latest Major Action: 2/15/2001 Referred to Senate committee
Committees: Senate Armed Services
26. 5.397 : A bill to amend the Defense Base Closure and Realignment Act of 1990 to authorize
additional rounds of base closures and realignments under the Act in 2003 and 2005, to modify
certain authorities relating to closures and realignments under that Act.
Sponsor: Sen McCain, John- Latest Major Action: 2/27 /2001 Referred to Senate committee
Committees: Senate Armed Services
27. S.425 : A bill to establish the Rocky Flats National Wildlife Refuge in the State of Colorado, and
http: / /rs9.loc.gov /cgi- bin / bdquery/R ?dl 07:FLD005:@3(Smate+Armed +Services) 10/12/01
HR 1820 I
107th CONGRESS
1st Session
H. R. 1820
Page 1 of 4
To amend the Defense Base Closure and Realignment Act of 1990 to authorize an additional round of
military base closures and realignments using a two -step process that first identifies those military
bases that may not be considered for closure or realignment.
IN THE HOUSE OF REPRESENTATIVES
May 10, 2001
Mr. SNYDER introduced the following bill; which was referred to the Committee on Armed
Services, and in addition to the Committee on Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the
committee concerned
A BILL
To amend the Defense Base Closure and Realignment Act of 1990 to authorize an additional round of
military base closures and realignments using a two -step process that first identifies those military
bases that may not be considered for closure or realignment.
Be it enacted by the Senate and House ojRepresentatives of the United States ojAmerica in
Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Military Infrastructure Transformation Act of 2001'.
SEC. 2. ADDITIONAL ROUND OF DEFENSE BASE CLOSURES AND
REALIGNMENTS IN 2003.
(a) ADDITIONAL ROUND OF CLOSURES AUTHORIZED - The Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101 -501; 10 U.S.C. 2687 note)
is amended by adding at the end the following new section:
'SEC. 2912. BASE REINVESTMENT AND COMMUNITY
INITIATIVE FOR 2003.
'(a) AUTHORIZATION OF ADDITIONAL BASE CLOSURE ROUND- (1) During the
period between January 15, 2003, and January 31, 2003, the President may elect to commence
an additional round of base closures and realignments by transmitting to the Senate
nominations for the appointment of new members to the Defense Base Closure and
Realignment Commission. If the President does not transmit to Congress the nominations
during that period, the process by which military installations may be selected for closure or
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realignment under this section shall be terminated.
'(2) As part of the submission of the nominations under paragraph (1), the Secretary of Defense
may submit to Congress a report explaining the military necessity for further base closures and
realignments.
'(3) Notwithstanding section 2902(d), the terns of the Commission required for the round of
base closures and realignment authorized by this section shall continue until the disposal of
property at all military installations approved for closure under this section is completed.
Notwithstanding section 2902(i), the Commission may only maintain 15 staff members after
December 31, 2003.
'(b) SELECTION CRITERIA- (1) The Secretary shall amend the criteria to be used in malting
recommendations for the closure or realignment of military installations inside the United
States to reflect the requirement to develop a list of those military installations to be excluded
from the base closure and realignment process, as provided in subsection (c). The Secretary
shall comply with section 2903(b)(2)(B) in amending the criteria, except that the Secretary
shall publish the proposed amendments in the Federal Register and transmit them to the
congressional defense committees not later than December 1, 2002, and publish the final
criteria in the Federal Register and transmit to such committees not later than January 15, 2003.
The Secretary shall comply with section 2903(a) in preparing the budget justification
documents submitted to Congress in support of the budget for the Department of Defense for
fiscal year 2004.
'(2) It is the sense of Congress that the national security needs of the United States in the future
will be best met by a military force that operates on the principle of joinmess, and, therefore,
the Secretary and the Commission should consider jointness when performing their duties in
the additional round of base closures and realignments authorized by this section.
'(c) LIST OF INSTALLATIONS EXCLUDED FROM CONSIDERATION FOR CLOSURE
OR REALIGNMENT- (1) Before preparing the list of military installations inside the United
States that the Secretary recommends for closure or realignment, the Secretary shall prepare a
list of core military installations that the Secretary considers absolutely essential to the national
defense and that should not be considered for closure.
'(2) Not later than February 15, 2003, the Secretary shall submit to the congressional defense
committees, publish in the Federal Register, and send to the Commission the list required by
paragraph (1). The list shall contain not more than 50 percent of the military installations inside
the United States.
'(3) The Commission shall consider the list based on the amended criteria developed under
subsection (b). The Commission may modify this list, in the manner provided in section 2903
(d), if the Commission finds that the inclusion of a military installation on the list substantially
violates the criteria. Except as provided in subsection (d), the Commission shall forward to the
President, not later
than April 15, 2003, a report containing its recommendations regarding the list, which must comply
with the percentages specified in paragraph (2). The Comptroller General shall also comply with
section 2904(d)(5) by that date.
'(4) If the Commission submits a report to the President under paragraph (3), the President
shall notify Congress, not later than April 30, 2003, regarding whether the President approves
or disapproves the report. If the President disapproves the report, the Commission shall have
until May 15, 2003, to submit a modified report, after which the President shall have until May
22, 2003, to transmit the modified report to Congress. If the President fails to do so or does not
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approve the modified list, the Commission shall be dissolved, and the process by which
military installations may be selected for closure or realignment under this section shall be
terminated.
'(5) A military installation included on the exclusion list approved under this subsection may
not be included on the closure and realignment list prepared under subsection (e) or otherwise
considered for closure or realignment as part of the base closure process under this section.
'(d) COMMISSION REVIEW OF NEED FOR FURTHER CLOSURES- As part of its
activities under subsection (c), the Commission shall determine whether there exists a military
necessity for further base closures. In malting this determination, the Commission may take
such testimony and consider such submitted documentation and statements as the Commission
considers appropriate. If the Commission determines that further closures are not militarily
necessary, and transmits this determination to the President, the Commission shall be
dissolved, and the process by which military installations may be selected for closure or
realignment under this section shall be terminated.
'(e) PREPARATION AND CONSIDERATION OF CLOSURE AND REALIGNMENT LIST -
(1) Not later than 15 days after that date on which the President approves the list prepared
under subsection (c), the Secretary shall publish in the Federal Register, transmit to the
congressional defense committees, and send to the Commission, a list of military installations
recommended for closure or realignment. The Commission shall consider this list in the
manner provided in section 2903(d), except that the Commission's report shall be transmitted
to the President not later than October 15, 2003.
'(2) Not later than October 30, 2003, the President shall notify Congress regarding whether the
President approves or disapproves the report. If the President disapproves the closure list, the
Commission shall have until November 15, 2003, to submit a revised list. If the President does
not approve the revised list by November 30, 2003, or does not transmit approval or
disapproval of the revised list to Congress by that date, the Commission shall be dissolved, and
the process by which military installations may be selected for closure or realignment under
this section shall be terminated. If the President approves the original or revised list, the
President shall transmit to Congress a copy of the Commission's report, together with the
certification of such approval.
'(f) CONGRESSIONAL DISAPPROVAL- Section 2904(b)(1) shall apply to the base closure
process required by this section, except that the date otherwise determined under subparagraph
(A) of such section is deemed to be December 31, 2003.
'(g) IMPLEMENTATION- Within three years after the date of the enactment of this section,
the Secretary shall initiate the closure or realignment, as the case may be, of all military
installations recommended for closure or realignment by the Commission in the report
transmitted to the Congress by the President pursuant to subsection (e), unless Congress
disapproves of the report as provided in subsection (f).
'(h) COMMISSION'S ROLE DURING CLOSURE- (1) During the Secretary's implementation
of base closures and realignments approved under this section, the Commission shall serve as
an Ombudsman, to which any affected community (containing or bordering a military
installation to be closed) or redevelopment authority may appeal regarding problems or
disputes with the Secretary in the process of closure or realignment. Appeals may be submitted
to the Commission regarding any dispute between the affected parties (the Secretary,
redevelopment authorities, and local communities) after approval of the closure list.
'(2) The Commission is authorized, but not required, to issue a decision on an appeal submitted
under paragraph (1). Any such decision shall be made by majority vote. The decision shall be
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binding on the Secretary unless the Secretary overrules the decision of the Commission. If the
Secretary overrules a decision, the Secretary shall provide written notice, including the reasons
why the Secretary is overruling the decision, to the Chairman of the Commission, the affected
community or redevelopment authority, and the Chairmen and ranking minority members of
the Committees on Armed Services of the Senate and House of Representatives.
'(3) The Commission may not take a military installation off the closure list, change a closure
to a realignment (or vice versa), or make any other substantive changes to the list, but the
Commission shall have jurisdiction over solely procedural matters.'.
(b) ADJUSTMENT AND DIVERSIFICATION ASSISTANCE- Section 239 1(6)(1) of title 10,
United States Code, is amended by inserting after 'the affected community' the following: 'or
the community contains an economically distressed area'.
(c) REPORT ON EXPEDITING BASE CLOSURE PROPERTY TRANSFERS- Not later than
December 31, 2003, the Secretary of Defense shall submit to Congress a report evaluating the
feasibility of permitting local communities and redevelopment authorities to take possession of
individual structures on military installations approved for closure, when such structures are no
longer needed for military purposes, without waiting for the closure of the installation.
END
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Bill Summary & Status
Bill Summary & Status for the 107th Congress
..................._...
NEW SEARCH I HOME IHELPI ABOUT STATUS
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Sponsor. Rep Snyder, Vic(introduced 511012001)
Latest Major Action: 5/21/2001 Referred to House subcommittee
Title: To amend the Defense Base Closure and Realignment Act of 1990 to authorize an additional
round of military base closures and realignments using a two -step process that first identifies those
military bases that may not be considered for closure or realignment.
TA co or to icates enate actions
5/10/2001:
Referred to the Committee on Armed Services, and in addition to the Committee on Rules, for
a period to be subsequently determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned.
5/10/2001:
Referred to House Armed Services
5/21/2001:
Executive Comment Requested from DOD.
5/21/2001:
5/10/2001: Referred to the Subcommittee on Military Installations and Facilities.
Referred to House Rules
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From the U.S. Code Online via GPO Access
[wais.access.gpo.govl
[Laws in effect as of January 23, 20001
[Document affected by Public Law 106 -398 Section 1[1087(g)(2)11
[Document affected by Public Law 106 -398 Section 1[2821(a)ll
[Document affected by Public Law 106 -398 Section 1[2821(b)]1
(Document affected by Public Law 106 -400 Section 2)
[Document affected by Public Law 106 -400 Section 21
[Document affected by Public Law 106 -400 Section 2]
[Document affected by Public Law 106 -259 Section 8019]
[CITE: IOUSC26871
TITLE 10- -ARMED FORCES
Subtitle A-- General Military Law
PART IV-- SERVICE, SUPPLY, AND PROCUREMENT
CHAPTER 159 - -RRAL PROPERTY; RELATED PERSONAL PROPERTY; AND LEASE OF NON -
EXCESS PROPERTY
Sec. 2687. Base closures and realignments
(a) Notwithstanding any other provision of law, no action may be
taken to effect or implement --
(1) the closure of any military installation at which at least
300 civilian personnel are authorized to be employed;
(2) any realignment with respect to any military installation
referred to in paragraph (1) 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 such military installation at
the time the Secretary of Defense or the Secretary of the military
department concerned notifies the Congress under subsection (b) of
the Secretary's plan to close or realign such installation; or
(3) any construction, conversion, or rehabilitation at any
military facility other than a military installation referred to in
clause (1) or (2) which will or may be required as a result of the
relocation of civilian personnel to such facility by reason of any
closure or realignment to which clause (1) or (2) applies,
unless and until the provisions of subsection (b) are complied with.
(b) No action described in subsection (a) with respect to the
closure of, or a realignment with respect to, any military installation
referred to in such subsection may be taken unless and until- -
(1) the Secretary of Defense or the Secretary of the military
department concerned notifies the Committee on Armed Services of the
Senate and the Committee on Armed Services of the House of
Representatives, as part of an annual request for authorization of
appropriations to such Committees, of the proposed closing or
realignment and submits with the notification an evaluation of the
fiscal, local economic, budgetary, environmental, strategic, and
operational consequences of such closure or realignment; and
(2) a period of 30 legislative days or 60 calendar days,
whichever is longer, expires following the day on which the notice
and evaluation referred to in clause (1) have been submitted to such
committees, during which period no irrevocable action may be taken
to effect or implement the decision.
(c) This section shall not apply to the closure of a military
installation, or a realignment with respect to a military installation,
if the President certifies to the Congress that such closure or
realignment must be implemented for reasons of national security or a
military emergency.
(d)(1) After the expiration of the period of time provided for in
subsection (b)(2) with respect to the closure or realignment of a
military installation, funds which would otherwise be available to the
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Secretary to effect the closure or realignment of that installation may
be used by him for such purpose.
(2) Nothing in this section restricts the authority of the Secretary
to obtain architectural and engineering services under section 2807 of
this title.
(e) In this section:
(1) 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, which is located within any of the
several States, the District of Columbia, the Commonwealth of Puerto
Rico, American Samoa, the Virgin Islands, or Guam. Such term does
not include any facility used primarily for civil works, rivers and
harbors projects, or flood control projects.
(2) The term "civilian personnel " means direct -hire, permanent
civilian employees of the Department of Defense.
(3) 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, skill imbalances,
or other similar causes.
(4) The term "legislative day-' means a day on which either
House of Congress is in session.
(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 Star. 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 it 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
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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 "601-
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, 19851, except that any action taken to effect or implement
any closure or realignment for which a public announcement was made
pursuant to section 2657(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 ease 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
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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].1-
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, provided that:
(a) Report.--(1) The Secretary of Defense shall prepare and submit
to the congressional defense committees [Committees on Armed Services
and Appropriations of Senate and House of Representatives] 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.
"(2) For purposes of this section, the term 'base closure laws,
means --
" (A) title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 -526; 10 O.S.C. 2687
note) ; and
" (B) the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101 -510; 10 O.S.C. 2687 note).
(b) Elements. - -The report under subsection (a) shall include the
following:
" (1) A statement, using data consistent with budget data, of
the actual costs and savings (to the extent available for prior
fiscal years) and the estimated costs and savings (in the case of
future fiscal years) attributable to the closure and realignment of
military installations as a result of the base closure laws.
" (2) A comparison, set Forth by base closure round, of the
actual costs and savings stated under paragraph (1) to the estimates
of costs and savings submitted to the Defense Base Closure and
Realignment Commission as part of the base closure process.
" (3) A comparison, set forth by base closure round, of the
actual costs and savings stated under paragraph (1) to the annual
estimates of costs and savings previously submitted to Congress.
" (4) A list of each military installation at which there is
authorized to be employed 300 or more civilian personnel, set forth
by Armed Force.
" (5) An estimate of current excess capacity at military
installations, set forth --
'-(A) as a percentage of the total capacity of the military
installations of the Armed Forces with respect to all military
installations of the Armed Forces;
(B) as a percentage of the total capacity of the military
installations of each Armed Force with respect to the military
installations of such Armed Force; and
(C) as a percentage of the total capacity of a type of
military installations with respect to military installations of
such type.
" (6) An assessment of the effect of the previous base closure
rounds on military capabilities and the ability of the Armed Forces
to fulfill the National Military Strategy.
" (7) A description of the types of military installations that
would be recommended for closure or realignment in the event of one
or more additional base closure rounds, set forth by Armed Force.
" (8) The criteria to be used by the Secretary in evaluating
Military installations for closure or realignment in such event.
" (9) The methodologies to be used by the Secretary in
identifying military installations for closure or realignment in
such event.
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" (10) An estimate of the costs and savings that the Secretary
believes will be achieved as a result of the closure or realignment
of military installations in such event, set forth by Armed Force
and by year.
" (11) An assessment of whether the costs and estimated savings
from one or more future rounds of base closures and realignments,
currently unauthorized, are already contained in the current Future
Years Defense Plan, and, if not, whether the Secretary will
recommend modifications in future defense spending in order to
accommodate such costs and savings.
"(c) Method of Presenting Information. - -The statement and
comparison required by paragraphs (1) and (2) of subsection (b) shall be
set forth by Armed Force, type of facility, and fiscal year, and include
the following:
"(1) Operation and maintenance costs, including costs
associated with expanded operations and support, maintenance of
property, administrative support, and allowances for housing at
military installations to which functions are transferred as a
result of the closure or realignment of other installations.
" (2) Military construction costs, including costs associated
with rehabilitating, expanding, and constructing facilities to
receive personnel and equipment that are transferred to military
installations as a result of the closure or realignment of other
installations.
" (3) Environmental cleanup costs, including costs associated
with assessments and restoration.
"(4) Economic assistance costs, including --
--(A) expenditures on Department of Defense demonstration
projects relating to economic assistance;
"(B) expenditures by the Office of Economic Adjustment; and
"(C) to the extent available, expenditures by the Economic
Development Administration, the Federal Aviation Administration,
and the Department of Labor relating to economic assistance.
(5) To the extent information is available, unemployment
compensation costs, early retirement benefits (including benefits
paid under section 5597 of title 5, United States Code), and worker
retraining expenses under the Priority Placement Program, the Sob
Training Partnership Act (29 O.S.C. 1501 at seq.] or title I of the
workforce Investment Act of 1998 [29 D.S.C. 2801 et seq.], and any
other federally funded job training program.
(6) Costs associated with military health care.
(7) Savings attributable to changes in military force
structure.
" (8) Savings due to lower support costs with respect to
military installations that are closed or realigned.
"(d) Deadline. - -The Secretary shall submit the report under
subsection (a) not later than the date on which the President submits to
Congress the budget for fiscal year 2000 under section 1105(a) of title
31, United States Code.
"(a) Review. - -The Congressional Budget Office and the Comptroller
General shall conduct a review of the report prepared under subsection
(a) .
" (f) Prohibition on Use of Funds. -- Except as necessary to prepare
the report required under subsection (a), no funds authorized to be
appropriated or otherwise made available to the Department of Defense by
this Act or any other Act may be used for the purposes of planning for,
or collecting data in anticipation of, an authorization providing for
procedures under which the closure and realignment of military
installations may be accomplished, until the later of --
(1) the date on which the Secretary submits the report
required by subsection (a); and
" (2) the date on which the Congressional Budget Office and the
Comptroller General complete a review of the report under subsection
(e).
"(g) Sense of Congress. - -It is the sense of the Congress that --
" (1) the Secretary should develop a system having the capacity
to quantify the actual costs and savings attributable to the closure
and realignment of military installations pursuant to the base
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closure process; and
(2) the Secretary should develop the system in expedient
fashion, so that the system may be used to quantify costs and
savings attributable to the 1995 base closure round."
[Pub. L. 105 -277, div. A, Sec. 101(f) [title VIII, Sec. 405(£)(8),
(9)(2)(8)1, Oct. 21, 1998, 112 Stat. 2681 -337, 2681 -430, 2681 -435,
provided that, effective July 1, 2000, section 2824(0)(5) of Pub. L.
105 -85, set out above, is amended by striking out "Job Training
Partnership Act or '' .)
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)l of the Defense Base Closure and
Realignment Act of 1990 (part A of title XXIX of Public Law 101 -510; 10
U.B.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(£) of Pub. L. 101 -510
Section 2840(0) of Pub. L. 104 -106 provided that: "Not later than
nine months after the date of the enactment of this Act [Feb. 10, 1996],
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the Secretary of Defense shall prescribe any regulations necessary to
carry out subsection (e) of section 204 of the Defense Authorization
Amendments and Base Closure and Realignment Act (Public Law 100 -526; 10
O.S.C. 2687 note), as added by subsection (a), and subsection (f) of
section 2905 of the Defense Base Closure and Realignment Act of 1990
(part A of title XXIX of Public Law 101 -510; 10 O.S.C. 2687 note), as
added by subsection (b).—
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, 19951 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(£), Feb. 10,
1996, 110 Stat. 515, 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
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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,
19941, 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 Stewart B. McKinney Homeless Assistance Act (42
U.B.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
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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 D.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 O.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 O.B.C. 2687 note).
" (2) The Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101 -510; 10 O.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, 19941.
'(d) Termination. - -This section shall cease to be effective on
September 30, 1997.1-
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, 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 the Public
Buildings Act of 1959 (40 O.S.C. 601 at seq.) and the Federal Property
and Administrative Services Act of 1949 (40 D.B.C. 471 at seq.), to
facilities of such an installation that have been acquired by a non-
Federal entity.
(b) Base Closure Law Defined. - -For purposes of this section, the
term 'base closure law' means each of the following:
" (1) The Defense Base Closure and Realignment Act Of 1990 (part
A of title XXIX of Public Law 101 -510; 10 O.S.C. 2687 note).
" (2) Title II of the Defense Authorization Amendments and Base
Closure and Realignment Act (Public Law 100 -526; 10 O.B.C. 2687
note).
Report Of Effect of Base Closures on Future Mobilization Options
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Pub. L. 103 -337, div. B, title XXVIII, Sec. 2815, Oct. 5, 1994, 108
Stat. 3056, provided that:
(a) Report Required. - -The Secretary of Defense shall prepare a
report evaluating the effect of base closures and realignments conducted
since January 1, 1987, on the ability of the Armed Forces to remobilize
to the end strength levels authorized for fiscal year 1987 by sections
401 [100 Stat. 38591, 403 [enacting provisions set out as a note under
section 521 of this title], 411 [amending section 115 of this title and
enacting provisions set out as a note under section 12001 of this
title], 412 [enacting section 686 [now 123181 of this title], and 421
[100 Stat. 38631 of the National Defense Authorization Act for Fiscal
Year 1987 (Public Law 99 -661; 100 Stat. 3859). The report shall identify
those military construction projects, if any, that would be necessary to
facilitate such remobilization and any defense assets disposed of under
a base closure or realignment, such as air space, that would be
difficult to reacquire in the event of such remobilization.
(b) Time for Submission. - -Not later than January 31, 1996, the
Secretary shall submit to the congressional defense committees the
report required by this section.—
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 co�ities, 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
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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, 19931, 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 O.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
O.S.C. 2687 note), as added by subsection (b).1'
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 O.S.C. 4321 at 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
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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
B.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
D.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, 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, 19931, 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
D.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 D.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
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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
Stewart S. McKinney Homeless Assistance Act (42 D.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 D.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 D.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
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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 D.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
Star. 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 D.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, 19931. 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 1990.1-
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 recommends a list of military bases for closure or
realignment pursuant to section 2903(c) of the Defense Base Closure and
Realignment Act of 1990 (Public Law 101 -510; [101 D.S.C. 2687 note), the
Administrator of the Federal Aviation Administration shall submit to
Congress and the Defense Base Closure and Realignment Commission a
report on the effects of all those recommendations involving military
airbases, including but not limited to, the effect of the proposed
closures or realignments on civilian airports and airways in the local
community and region; potential modifications and coats 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
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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).
" (E) 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
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Comprehensive Environmental Response, Compensation, and Liability Act of
1980 (42 O.H.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 O.H.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 -5101 (10 O.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, 19921.11
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:
(a) Use of National Relocation Contractor. -- Subject to the
availability of appropriations therefor, the Secretary of Defense shall
enter into a one -year contract 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. The contract shall be competitively awarded not later than 30
days after the date of the enactment of this Act (Oct. 23, 19921.
(b) Report on Contract. - -Not later than one year after the date on
which the Secretary of Defense enters into the contract under subsection
(a), the Comptroller General shall submit to Congress a report
containing the Comptroller General's evaluation of the effectiveness of
using the national contractor for administering the program referred to
in subsection (a). The report shall compare the cost and efficiency of
such administration with the cost and efficiency of --
" (1) the program carried out by the Corps of Engineers using
its own employees; and
" (2) the use of contracts with local relocation companies at
military installations being closed or realigned.-
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
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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.
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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 D.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 =III, 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:
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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, Seca. 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, Seca. 2821(b), 2823, Oct. 23, 1992, 106 Stat.
2502, 2607, 2606; Pub. L. 103 -160, div. B, title XXIX, Seca. 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, Seca. 2811, 2812(b),
2813(0)(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, Seca. 1502(d),
1504(a)(9), 1505(e)(1), div. B, title XXVIII, Seca. 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, 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 19901.
(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 and consent
of the Senate.
(B) The President shall transmit to the Senate the nominations for
appointment to the Commission --
" M 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
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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.
"(a) 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:
" W The Chairman and the ranking minority party member of the
Subcommittee on Readiness, Sustainability, and 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.
" (it) The Chairman and the ranking minority party member of the
Subcommittee on Military Installations and Facilities of the
Committee on National Security of the House of Representatives [now
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
Subcommitteea 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 manmer 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.
W 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
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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 --
" (f) 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).
(1) Termination.- -The Commission shall terminate on December 31,
1995.
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(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
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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—
" W 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 beat 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.
"(S) Subject to subparagraph (C), in making its recommendations,
the Commission may make changes in any of the recommendations made by
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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 than 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.
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"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) 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
" (4) 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 and 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;
"(S) 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.
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"(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 section 202 of the Federal Property and
Administrative Services Act of 1949 (40 U.S.C. 483);
"(B) the authority of the Administrator to dispose of surplus
property under section 203 of that Act (40 U.S.C. 484);
" (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 [40 U.S.C. 471 at
seq.1 ; 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.
"(3)(A) Not later than 6 months after the date of approval of the
closure 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 --
" (1) 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
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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 of the installation; 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 part
as follows:
"M 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 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 under this part if the
property --
" (i) is required for the operation of a unit, function,
component, weapon, or weapons system at another installation;
(i i) 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 (CM) 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.
(E) 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 transfer 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
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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 D.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.
(F) The transfer of personal property under subparagraph (A) shall
not be subject to the provisions of sections 202 and 203 of the Federal
Property and Administrative Services Act of 1949 (40 B.S.C. 483, 484) 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
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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, 19991, 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 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 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 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
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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, 19971 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 Stewart B. McKinney Homeless Assistance Act (42 D.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, 19941, 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 D.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 D.S.C. 11411(c)(1)(B)1; 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(4) 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
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
Act. (II) approves the application under section 501(e) of such
" (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
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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.
" ( I II) 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 D.S.C. 114111
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
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(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 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 that date; 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.
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
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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.
" M 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
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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.
"MM 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 W.
(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.
W (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
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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 203(k) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(k)) 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).
"W(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:
" M 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
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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)(11 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.
"M In the case of a request for a conveyance under subclause (I)
of buildings and property for public benefit under section 203(k) of the
Federal Property and Administrative Services Act of 1949 (40 U.S.C.
484(k)) 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 at 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 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.
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'(0) 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 203(k)
of the Federal Property and Administrative Services Act of 1949 (40
V.B.C. 484(k)) 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
V.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.
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"(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 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)(P) 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, 19931.
"(f) Transfer Authority in Connection With Construction or
Provision of Military Family Housing. - -(1) Subject to paragraph (2), the
Secretary may enter into an agreement to transfer by deed real property
or facilities located at or near an installation closed or to be closed
under this part with any person who agrees, in exchange for the real
property or facilities, to transfer to the Secretary housing units that
are constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces and their
dependents. The Secretary may not select real property for transfer
under this paragraph if the property is identified in the redevelopment
plan for the installation as property essential to the reuse or
redevelopment of the installation.
"(2) A transfer of real property or facilities may be made under
paragraph (1) only if --
" (A) the fair market value of the housing units to be received
by the Secretary in exchange for the property or facilities to be
transferred is equal to or greater than the fair market value of
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such property or facilities, as determined by the Secretary; or
(B) in the event the fair market value of the housing units is
less than the fair market value of property or facilities to be
transferred, the recipient of the property or facilities agrees to
pay to the Secretary the amount equal to the excess of the fair
market value of the property or facilities over the fair market
value of the housing units.
"(3) Notwithstanding paragraph (2) of section 2906(a), the
Secretary may deposit funds received under paragraph (2)(B) in the
Department of Defense Family Housing Improvement Fund established under
section 2883(a) of title 10, United States Code.
"(4) The Secretary shall submit to the congressional defense
committees a report describing each agreement proposed to be entered
into under paragraph (1), including the consideration to be received by
the United States under the agreement. The Secretary may not enter into
the agreement until the and of the 30 -day period beginning on the date
the congressional defense committees receive the report regarding the
agreement.
"(5) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by this subsection as the
Secretary considers appropriate to protect the interests of the United
States.
(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. ACCOUNT
(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; 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 O.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
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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 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 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 2905(a) during
such fiscal year.
"(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, 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.
"(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
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 expanded under this part; 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, 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
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facility. The depreciated value of the investment shall be computed in
accordance with regulations prescribed by the Secretary of Defense.
"(3) The Secretary may use amounts in the account (in such an
aggregate amount as is provided in advance in appropriation Acts) for
the purpose of acquiring, constructing, and improving --
" (A) commissary stores; and
(H) 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 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 1993 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; 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.
"SEC. 2908. CONGRESSIONAL CONSIDERATION OF COMMISSION REPORT
(a) Tema 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 - - - - -- 1, 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 National Security of the House of Representatives (now
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
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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
(H) (ii) .
(H) with respect to a resolution described in subsection (a)
of the House receiving the resolution --
" W 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
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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 the date of the enactment of this Act [Nov. 5, 19901
and ending on December 31, 1995, 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 7687 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 under this part, means any entity
(including an entity established by a State or local government)
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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 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 of the installation.
(11) The term 'representative of the homeless' has the meaning
given such term in section 501(i)(4) of the Stewart B. McKinney
Homeless Assistance Act (42 D.S.C. 11411(i)(4)).
'-SEC. 2911. CLARIFYING AMENDMENT
[Amended this section.] "
[Pub. L. 106 -65, Sec. 2821(a)(5), which directed the insertion of
subpars. (H) and (I) after subpar. (F) of section 2905(b)(4) of Pub. L.
101 -510, set out above, was executed by inserting the material after
subpar. (G) of section 2905(b)(4) to reflect the probable intent of
Congress.]
[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, 19931 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, 19931."]
[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 -5101 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, 19911. "1
[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
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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(£)(2), Feb.
10, 1996, 110 Stat. 509, provided that: 'Notwithstanding any other
provision of law, 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 each
fiscal year 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 Committee on
Appropriations and the Committee on Armed Services of the Senate and the
Committee on Appropriations and the Committee on National Security [now
Committee on Armed Services] of the House of Representatives thirty 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. 106 -79, title VIII, Sec. 8019, Oct. 25, 1999, 113 Star.
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. 80201, 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.
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,
Seca. 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, 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
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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.
"(a) 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
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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) Not less
than 30 days 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) Not less than 30 days 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
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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.—
[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, 19901, 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
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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, provided
that:
(a) Establishment of Model Program. - -Not later than 90 days after
the date of enactment of this Act [Nov. 5, 19901, the Secretary of
Defense shall establish a model program to improve the efficiency and
effectiveness of the base closure environmental restoration program.
(b) Administrator of Program. - -The Secretary shall designate the
Deputy Assistant Secretary of Defense for Environment as the
Administrator of the model program referred to in subsection (a). The
Deputy Assistant Secretary shall report to the Secretary of Defense
through the Under Secretary of Defense for Acquisition, Technology, and
Logistics.
(c) Applicability.- -This section shall apply to environmental
restoration activities at installations selected by the Secretary
pursuant to the provisions of subsection (d)(1).
"(d) Program Requirements. - -In carrying out the model program, the
Secretary of Defense shall:
" (1) Designate for the model program two installations under
his jurisdiction that have been designated for closure pursuant to
the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100 -526) [see Short Title of 1988
Amendment note above] and for which preliminary assessments, site
inspections, and Environmental Impact Statements required by law or
regulation have been completed. The Secretary shall designate only
those installations which have satisfied the requirements of section
204 of the Defense Authorization Amendments and Base Closure and
Realignment Act (Public Law 100 -526) (set out below].
"(2) Compile a prequalification list of prospective contractors
for solicitation and negotiation in accordance with the procedures
set forth in title IX of the Federal Property and Administrative
Services Act (Public Law 92 -582; 40 U.B.C. 541 et seq., as amended)
[probably means title IX of the Federal Property and Administrative
Services Act of 1949, act June 30, 1949]. Such contractors shall
satisfy all applicable statutory and regulatory requirements. In
addition, the contractor selected for one of the two installations
under this program shall indemnify the Federal Government against
all liabilities, claims, penalties, costs, and damages caused by (A)
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the contractor's breach of any term or provision of the contract;
and (B) any negligent or willful act or omission of the contractor,
its employees, or its subcontractors in the performance of the
contract.
" (3) Within 180 days after the date of enactment of this Act
[Nov. 5, 19901, solicit proposals from qualified contractors for
response action (as defined under section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
O.S.C. 9601)) at the installations designated under paragraph (1).
Such solicitations and proposals shall include the following:
(A) Proposals to perform response action. Such proposals
shall include provisions for receiving the necessary
authorizations or approvals of the response action by
appropriate Federal, State, or local agencies.
(B) To the maximum extent possible, provisions offered by
single prime contractors to perform all phases of the response
action, using performance specifications supplied by the
Secretary of Defense and including any safeguards the Secretary
deems essential to avoid conflict of interest.
'-(4) Evaluate bids on the basis of price and other evaluation
criteria.
" (5) Subject to the availability of authorized and appropriated
funds to the Department of Defense, make contract awards for
response action within 120 days after the solicitation of proposals
pursuant to paragraph (3) for the response action, or within 120
days after receipt of the necessary authorizations or approvals of
the response action by appropriate Federal, State, or local
agencies, whichever is later.
(e) Application of Section 120 of CERCLA. -- Activities of the model
program shall be carried out subject to, and in a manner consistent
with, section 120 (relating to Federal facilities) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
O.S.C. 9620).
"(f) Expedited Agreements. - -The Secretary shall, with the
concurrence of the Administrator of the Environmental Protection Agency,
assure compliance with all applicable Federal statutes and regulations
and, in addition, take all reasonable and appropriate measures to
expedite all necessary administrative decisions, agreements, and
concurrences.
(g) Report. - -The Secretary of Defense shall include a description
of the progress made during the preceding fiscal year in implementing
and accomplishing the goals of this section within the annual report to
Congress required by section 2706 of title 10, United States Code.
(h) Applicability of Existing Law. -- Nothing in this section
affects or modifies, in any way, the obligations or liability of any
person under other Federal or State law, including common law, with
respect to the disposal or release of hazardous substances or pollutants
or contaminants as defined under section 101 of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
O.S.C. 9601).''
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 -5261 (10
O.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,
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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
pursuan t 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.B.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 at 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
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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. -I
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, Seca. 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, 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
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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
(E) 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
(E) 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.
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(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
section 202 of the Federal Property and Administrative Services Act of 1949
(40 U.S.C. 483);
(B) the authority of the Administrator to dispose of surplus property
under section 203 of that Act (40 U.S.C. 484); 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 pursuan t to paragraph (1) in
accordance with --
"M all regulations in effect on the date of the enactment of this title
[Oct. 24, 19881 governing utilization of excess property and disposal of
surplus property under the Federal Property and Administrative Services Act
of 1949 [see Short Title note set out under section 471 of Title 40, Public
Buildings, Property, and works]; 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).
"M 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,
19931, 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 --
W 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.
"M 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
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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;
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
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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 transfer 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.).
"M 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.
"M 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) The transfer of personal property under subparagraph (A) shall
not be subject to the provisions of sections 202 and 203 of the Federal
Property and Administrative Services Act of 1949 (40 U.S.C. 483, 484) 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.
"(F) The provisions of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980 (42
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O.S.C. 9620(h)) shall apply to any transfer of real property under this
paragraph.
" (G)(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;
"(11) 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
O.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 subparagraphe (B), (C), and
(D) shall be applicable to any agreement modified pursuant to clause
W.
" (H) 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.
"M 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 1999 [Nov. 30, 19931, 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.
"MM 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
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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, 19971 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 Stewart B. McKinney Homeless Assistance Act (42 O.S.C.
11301 at 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 O.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 O.S.C. 11411(e)(1)(B)1; 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
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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 --
"M 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:
"(1) 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 O.S.C. 114111
while so available for a redevelopment authority.
(ii) If a redevelopment authority does not express an interest in
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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. The Secretary may
use amounts in the account (in such an aggregate amount as is provided
in advance in appropriation Acts) for the purpose of acquiring,
constructing, and improving—
"M 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) As used in this subparagraph:
"(1) 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.
"(11) 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
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interests of the Department of Defense.
"M The Secretary may exercise the authority provided under this
paragraph without regard to the provisions of chapter 146 of title 10,
United States Code.
"M 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 at 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
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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 D.S.C. 6901 at 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, 19931.
"(e) Transfer Authority in Connection With Construction or
Provision of Military Family Housing.--(1) Subject to paragraph (2), the
Secretary may enter into an agreement to transfer by deed real property
or facilities located at or near an installation closed or to be closed
under this title with any person who agrees, in exchange for the real
property or facilities, to transfer to the Secretary housing units that
are constructed or provided by the person and located at or near a
military installation at which there is a shortage of suitable housing
to meet the requirements of members of the Armed Forces and their
dependents. The Secretary may not select real property for transfer
under this paragraph if the property is identified in the redevelopment
plan for the installation as items essential to the reuse or
redevelopment of the installation.
"(2) A transfer of real property or facilities may be made under
paragraph (1) only if --
"(A) the fair market value of the housing units to be received by the
Secretary in exchange for the property or facilities to be transferred is
equal to or greater than the fair market value of such property or
facilities, as determined by the Secretary; or
"(B) in the event the fair market value of the housing units is less than
the fair market value of property or facilities to be transferred, the
recipient of the property or facilities agrees to pay to the Secretary the
amount equal to the excess of the fair market value of the property or
facilities over the fair market value of the housing units.
"(3) Notwithstanding section 207(a)(7), the Secretary may deposit
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funds received under paragraph (2)(B) in the Department of Defense
Family Housing Improvement Fund established under section 2883(a) of
title 10, United States Code.
(4) The Secretary shall submit to the appropriate committees of
Congress a report describing each agreement proposed to be entered into
under paragraph (1), including the consideration to be received by the
United States under the agreement. The Secretary may not enter into the
agreement until the end of the 21 -day period beginning on the date the
appropriate committees of Congress receive the report regarding the
agreement.
"(5) The Secretary may require any additional terms and conditions
in connection with an agreement authorized by this subsection as the
Secretary considers appropriate to protect the interests of the United
States.
"(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 --
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(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
man ufactured 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.
"N 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
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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;
"M 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).
"(S) 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.B.C. 2687 note).
(b) Base Closure Account To Be Exclusive Source of Funds for
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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 =lea 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.
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(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 Ease
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
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(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,
19901.111
Section Referred to in Other Sections
This section is referred to in sections 2667, 2696, 2705, 2706, 2871
of this title; title 2 section 907c; title 5 sections 3341, 6304; title
29 section 16624 -1; title 40 sections 484, 485; title 42 section 9620;
title 49 section 47118.
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RESOLUTION NUMBER
A RESOLUTION SUPPORTING THE CONTINUED USE OF
THE SEAL BEACH NAVAL WEAPONS STATION AND
OPPOSING THE INCLUSION OF THE BASE IN ANY BASE
CLOSING PROCESS
WHEREAS, the Seal Beach Naval Weapons Station has been a source of pride for our Seal
Beach Community, located within the heart of the city and comprising a large
portion of the land allocation; and
WHEREAS, dedicated in November, 1944, the base was constructed to complete a weapons
station at a strategic location for the Southern California Fleet during World War
B and has played a historic role ever since, servicing ships for most U.S. military
engagements and as home to the Apollo space program in the late 60's; and
WHEREAS, with almost 1,000 acres of the 5,200 acre property now dedicated to a national
wildlife refuge, it is the winter stopover for a variety of colorful species enmuts to
southern destinations with the U.S. Fish & Wildlife service maintaining an office
at the base and conducting weekend tours for the public; and
WHEREAS, the Naval Weapons Station can provide Seal Beach with an opportunity to create
needed wetlands to improve water quality and other environmental uses; and
WHEREAS, a among working relationship between the City and the Naval Base has been
forged during all these years which has benefited both the community of Seal
Beach and the base; and
WHEREAS, this is a time of national pride in our government, a time when armed forces
presence is valued and needed and to time to recognize that the Naval Weapons
facility performs a critical logistic function for the U.S. Navy.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach:
1) strongly urges that the Seal Beach Naval Weapons facility remain open and all efforts be
directed toward keeping the Naval Base off the Federal base closure list; 2) requests our U.S.
Representatives and Senators to undertake all actions necessary to preserve the Naval Weapons
Station as a functioning base; 3) requests the Navy to correct the on -going sand erosion problem
in Surfside; 4) requests the Navy undertake measures to improve the base both aesthetically and
environmentally; and 5) financially support the replacement of the beach groin.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach on
day of , 2001 by the following vote:
AYES:
Councihnembers
NOES:
Councilmambers
ABSENT:
Councilmembers
Mayor
ATTEST:
Joanne M. Yee, City Clerk